ILLINOIS POLLUTION CONTROL BOARD

Nay 20,

1993

IN THE MATTER OF:

)

R93—1O

RCRA SUBTITLE D AMENDMENTS

)

(Identical in Substance Rule)

)

Proposal for Public Comment.

Proposed Order of the Board

(by J. Anderson):

The Board is hereby initiating for public comment certain

amendments to its nonhazardous waste landfill regulations so as

to make them at least as stringent as the USEPA regulations

implementing Subtitle D of the Resource Conservation and Recovery

Act(RCRA).

The USEPA regulations address Municipal Solid Waste

Landfill Facilities

(MSWLF).

The enabling State legislation, HB 299, contains a new

Section 22.40

in the Environmental Protection Act

(Act) which

mandates Board rulemaking.

This mandate requires that the Board

adopt regulations pursuant to Section 7.2 of the Act that are

identical in substance to regulations adopted by the USEPA to

implement Sections 4004 and 4010 of the Resource Conservation and

Recovery Act of 1976

(P.L. 94—580, codified as 42 U.S.C.

para.

6944

& 6950).

The Board is now starting the “public comment”

phase of this rulemaking to expedite the submittal of the

amendments,

if such action is consistent with the Governor’s

action on HB 299, to the USEPA for its authorization review well

in advance of the federally—imposed deadline of October 9,

1993.

Equally important, the Board is also seeking to minimize

compliance confusion during the transition period by being in a

position to quickly reflect the federal requirements

in the

Board’s existing landfill regulations.

Section 22.40 provides for quick adoption of regulations

that are “identical in substance” to federal regulations and that

Title VII of the Act and Section 5 of the Administrative

Procedure Act

(APA)

shall not apply.

Because this rulemaking is

not subject to Section 5 of the APA,

it is not subject to first

notice or to second notice review by the Joint Committee on

Administrative Rules

(JCAR).

The federal Subtitle D landfill

regulations are found at 40 CFR 258.

This rulemaking updates

Illinois Nonhazardous Waste Landfill rules to correspond with the

major federal rulemaking more fully outlined in the accompanying

Opinion.

This proposed order will be supported by a proposed opinion

to be adopted at a future time.

The Board will receive public

comment on the proposal for a period of 45 days following its

publication in the Illinois Register.

The Board hereby directs

that the Clerk of the Board cause a Notice of Proposed Amendments

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reflecting this repeal be published in the Illinois Register.

The complete text of the proposed rules follows.

IT IS SO ORDERED.

I, Dorothy N.

Gunn, Clerk of the Illinois Pollution Control

Board, do hereby certify that the above order was adopted by the

Board on the

__________

day of

~

,

1993, by a vote

of

_______.

7,

/

/‘

/

//

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Dorothy M.,~Gtrnn, Clerk

Illinois POllution control Board

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TITLE 35:

~

Board

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.

111 1/2,

pars.

1005,

1021,

1021.1,

1022,

1022.17 and 1027).

SOURCE:

Adopted in R88-7 at 14

Ill.

Reg.

,

effective

NOTE:

Capitalization indicates statutory language.

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.

111 1/2,

pars.

1001 et.

seq.):

“Act” means the Environmental Protection Act,

Ill. Rev.

Stat.

1989,

ch.

ill 1/2, 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.

Admixtures

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

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TO WELLS,

SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC

GRADIENTS and whose boundaries can be identified and

mapped from hydrogeologic data.

(Section

3 of the

Illinois Groundwater Protection Act

(Ill.

Rev. Stat.

1989,

ch.

111 1/2, 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’1 means an area from which earthen material

is excavated for the purpose of constructing daily

cover,

final cover,

a liner,

a gas venting system,

roadways or berms.

“Chemical waste” means a non—putrescible solid whose

characteristics are such that any contaminated leachate

is expected to be formed through chemical or physical

processes, rather than biological processes, and no gas

is expected to be formed as

a result.

“Contaminated leachate” means any leachate whose

constituent violate the standards of 35

Ill. Adm. Code

811.202.

“Design Period” means that length of time determined by

the sum of the operating life of the solid waste

landfill facility plus the postclosure care period

necessary to stabilize the waste in the units.

“DISPOSAL”

MEANS

THE DISCHARGE, DEPOSIT,

INJECTION,

DUMPING,

SPILLING, LEAKING OR PLACING OF

ANY

SOLID

WASTE INTO OR ON

ANY LAND

OR WATER OR INTO

ANY

WELL

SUCH THAT SOLID WASTE OR

ANY

CONSTITUENT OF THE SOLID

WASTE

MAY

ENTER THE ENVIRONMENT BY BEING EMITTED INTO

THE AIR OR DISCHARGED INTO

ANY

WATERS,

INCLUDING

GROUNDWATER.

(Section 3.08 of the Act.)

If the solid

waste is accumulated and not confined or contained to

prevent its entry into the environment, or there is no

certain plan for its disposal elsewhere, such

accumulation shall constitute disposal.

“Disturbed areas” means those areas within a facility

that have been physically altered during waste disposal

operations or during the construction of any part of

the facility.

“Documentation” means items,

in any tangible form,

whether directly legible or legible with the aid of any

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machine or device,

including but not limited to

affidavits,

certificates, deeds,

leases,

contracts or

other binding agreements,

licenses, permits,

photographs, audio

or video recordings, maps,

geographic surveys,

chemical and mathematical formulas

or equations, mathematical and statistical calculations

and assumptions, research papers, technical reports,

technical designs and design drawings,

stocks, bonds

and financial records, that are used to support facts

or hypotheses.

“Earth liners” means structures constructed from

naturally occurring soil material that has been

compacted to achieve a low permeability.

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

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

facility or a new unit.

“EXISTING MSWLF UNIT” MEANS ANY MUNICIPAL SOLID WASTE

LANDFILL UNIT THAT HAS RECEIVED HOUSEHOLD WASTE BEFORE

OCTOBER

9,

1993.

(Section 3.87 of the Act)

“Facility” means a site and all equipment and fixtures

on a site used to treat,

store or dispose of solid or

special wastes.

A facility consists of an entire solid

or special waste treatment, storage or disposal

operation.

All structures used in connection with or

to facilitate the waste disposal operation shall be

considered a part of the facility.

A facility may

include, but is not limited to, one or more solid waste

disposal units,

buildings,

treatment systems,

processing and storage operations;

and monitoring sta-

tions.

“Field capacity” means that maximum moisture content of

a waste, under field conditions of temperature and

pressure, above which moisture is released by gravity

drainage.

“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.

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6

“Gas venting system” means a system of wells, trenches,

pipes and other related structures that vents the gas

produced in a putrescible waste disposal unit to the

atmosphere.

“Geomembranes” means manufactured membrane liners and

barriers of low permeability used to control the migra-

tion of fluids or gases.

“Geotextiles” are permeable manufactured materials used

for purposes which include, but are not limited to,

strengthening soil, providing a filter to prevent

clogging of drains, collecting and draining liquids and

gases beneath the ground surface.

“GROUNDWATER”

MEANS

UNDERGROUND

WATER

WHICH

OCCURS

WITHIN

THE

SATURATED

ZONE

AND

WITHIN GEOLOGIC MATERIALS

WHERE

THE

FLUID

PRESSURE

IN

THE

PORE SPACE IS EQUAL TO

OR

GREATER

THAN

ATMOSPHERIC

PRESSURE.

(Section

3 of

the Illinois Groundwater Protection Act)

“HOUSEHOLD WASTE” MEANS ANY SOLID WASTE (INCLUDING

GARBAGE, TRASH, AND SANITARY WASTE IN SEPTIC TANKS)

DERIVED FROM HOUSEHOLDS (INCLUDING SINGLE AND MULTIPLE

RESIDENCES, HOTELS AND MOTELS, BUNKHOUSES, RANGER

STATIONS, CREW QUARTERS, CAMPGROUNDS, PICNIC GROUNDS.

AND DAY-USE RECREATION AREAS).

(Section 3.89 of the

Act)

“Hydraulic barriers” means structures designed to

prevent or control the seepage of water.

Hydraulic

barriers include, but are not limited to cutoff walls,

slurry walls,

grout curtains and liners.

“Inert waste” means any solid waste that will not

decompose biologically, burn, serve as food for

vectors, form a gas, cause an odor,

or form

a

contaminated leachate,

as determined in accordance with

Section 811.202(b).

Such inert wastes shall include

only non-biodegradable and non—putrescible solid

wastes.

Inert wastes may include, but are not limited

to,

bricks, masonry arid concrete (cured for 60 days or

more).

“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.

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“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.

“LATERAL EXPANSION” MEANS A HORIZONTAL EXPANSION OF THE

ACTUAL WASTE BOUNDARIES OF AN EXISTING MSWLF UNIT

OCCURRING ON OR AFTER OCTOBER

9,

1993.

FOR THE

PURPOSES OF THIS SECTION A HORIZONTAL EXPANSION IS

ANY

AREA WHERE SOLID WASTE IS PLACED FOR THE FIRST TIME

DIRECTLY UPON THE BOTTOM LINER OF THE UNIT ON OR AFTER

OCTOBER 9,

1993.

(Section 3.88 Of the Act)

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

contact with a solid waste.

“Lift” means an accumulation of waste which is

compacted into a unit and over which cover is placed.

“Malodor” means an odor caused by ONE OR MORE

CONTAMINANT EMISSIONS INTO THE ATMOSPHERE FROM A

FACILITY THAT IS IN SUFFICIENT QUANTITIES

AND

OF SUCH

CHARACTERISTICS

AND

DURATION AS TO BE described as

malodorous and which may be INJURIOUS TO

HUMAN,

PLANT,

OR

ANIMAL

LIFE,

TO HEALTH, OR TO PROPERTY, OR TO

UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR

PROPERTY.

(Section 3.02 of the Act (defining “air

pollution”).)

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

MEANS A CONTIGUOUS AREA OF LAND OR AN EXCAVATION THAT

RECEIVES HOUSEHOLD WASTE, AND THAT IS NOT A LAND

APPLICATION, SURFACE IMPOUNDMENT, INJECTION WELL,

OR

ANY PILE OF NONCONTAINERIZED ACCUMULATIONS OF SOLID,

NONFLOWING WASTE THAT IS USED FOR TREATMENT OR STORAGE.

A NSWLF UNIT

NAY

ALSO

RECEIVE

OTHER

TYPES

OF

RCRA

SUBTITLE D WASTES, SUCH AS COMMERCIAL SOLID WASTE,

NONHAZARDOUS SLUDGE,

SMALL OUANTITY GENERATOR WASTE

AND

INDUSTRIAL SOLID WASTE.

SUCH A LANDFILL

MAY

BE

PUBLICLY OR PRIVATELY OWNED OR OPERATED.

A MSWLF UNIT

MAY

BE

A

NEW

NSWLF

UNIT,

AN

EXISTING

MSWLF

UNIT

OR A

LATERAL EXPANSION.

A SANITARY LANDFILL IS SUBJECT TO

REGULATION AS A MSWLF IF IT RECEIVES HOUSEHOLD WASTE.

(Section 3.85 of the Act)

“National Pollutant Discharge Elimination System” or

“NPDES” means the program for issuing, modifying,

revoking and reissuing,

terminating, monitoring and

enforcing permits and imposing and enforcing

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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

3O9.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.

“NEW MSWLF UNIT” MEANS ANY MUNICIPAL SOLID WASTE

LANDFILL UNIT THAT HAS RECEIVED HOUSEHOLD WASTE ON OR

AFTER OCTOBER 9,

1993 FOR THE FIRST TINE.

(Section

3.86 of the Act)

“One hundred

(100) year flood plain” means any land

area which is subject to a one percent or greater

chance of flooding in a given year from any source.

“One hundred

(100)

year,

24 hour precipitation event”

means a precipitation event of 24 hour duration with a

probable recurrence interval of once in 100 years.

“Operator” means the person responsible for the

operation and maintenance of a solid waste disposal

facility.

“Owner” means a person who has an interest, directly or

i~ndirect1y, in land, including a leasehold interest, on

which a person operates and maintains a solid waste

disposal facility.

The “owner”

is the “operator”

if

there

is no other person who is operating and

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maintaining a solid waste disposal facility.

“Perched watertable

“

means an elevated watertable

above a discontinuous saturated lens, resting on a low

permeability

(such as clay)

layer within a high

permeability

(such as sand)

formation.

“Permit area” means the entire horizontal and vertical

region occupied by a permitted solid waste disposal

facility.

“PERSON”

IS ANY INDIVIDUAL,

PARTNERSHIP, CO-

PARTNERSHIP,

FIRM,

COMPANY,

CORPORATION, ASSOCIATION,

JOINT STOCK COMPANY, TRUST, ESTATE, POLITICAL

SUBDIVISION, STATE AGENCY, OR ANY OTHER LEGAL ENTITY,

OR THEIR LEGAL REPRESENTATIVE, AGENT OR ASSIGNS.

(Section 3.26 of the Act.)

“Professional engineer” means a person who has

registered and obtained a seal pursuant to

“The

Illinois Professional Engineering Act”

(Ill.

Rev. Stat

1989,

ch.

111,

par.

5101 et seq.).

“Professional land surveyor” means a person who has

received a certificate of registration and a seal

pursuant to “The Land Surveyors Act”

(Ill.

Rev.

Stat.

1989,

ch.

111,

par.

3201 et seq.).

“Putrescible waste” means a solid waste that contains

organic matter capable of being decomposed by

microorganisms so as to cause a malodor, gases,

or

other offensive conditions, or which is capable of

providing food for birds and vectors.

Putrescible

wastes may form a contaminated leachate from

microbiological degradation, chemical processes, and

physical processes.

Putrescible waste includes, but is

not limited to, garbage,

offal,

dead animals, general

household waste, and commercial waste.

All solid

wastes which do not meet the definitions of inert or

chemical wastes shall be considered putrescible wastes.

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

treatment works that is owned by the State of Illinois

or a unit of local government.

This definition

includes any devices and systems used in the storage,

treatment, recycling and reclamation of municipal

sewage or industrial wastewater.

It also includes

sewers, pipes and other conveyances only if they convey

wastewater to a POTW treatment plant.

The term also

means the unit of local government which has

jurisdiction over the indirect discharges to and the

discharges from such a treatment works.

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“RESOURCE CONSERVATION RECOVERY ACT” “RCRA” MEANS THE

RESOURCE CONSERVATION AND RECOVERY ACT OF 1976

(P.L.

94—580 Codified as 42 USC.

~

6901 et sep.) AS AMENDED.

LSection 3.90 of the Act)

“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

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shredded if 90 percent of the waste by dry weight

passes a

3 inch sieve.

“Significant Modification” means a modification to an

approved permit issued by the Agency in accordance with

Section 39 of the Act and 35

Ill. Adm. Code 813 that is

required when one or more of the following changes,

considered significant when that change measured by one

or more parameters whose values lie outside the

expected operating range of values as specified in the

permit, are planned, occur or will occur:

An increase in the capacity of the waste disposal

unit over the permitted capacity;

Any change in the placement of daily, intermediate

or final cover;

A decrease in performance,

efficiency or longevity

of the liner system;

A decrease in efficiency or performance of the

leachate collection system;

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;

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Any change in the permit boundary;

A change in the postclosure land use of the

property;

A remedial action necessary to protect

groundwater;

Transfer of the permit to a new operator;

Operating authorization is being sought to place

into service a structure constructed pursuant to a

construction quality assurance program; or

A change in any requirement set forth as a special

condition in the permit.

“Sole source aquifer” means those aquifers designated

pursuant to Section 1424(e)

of the Safe Drinking Water

Act of 1974,

(42 U.S.C 300h—3)

“Solid Waste” means a waste that is defined in this

Section as an inert waste,

as a putrescible waste,

as a

chemical waste or as

a special waste, and which is not

also defined as

a hazardous waste pursuant to 35

Ill.

Adm. Code 721.

“SPECIAL WASTE” MEANS

ANY

INDUSTRIAL PROCESS WASTE,

POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT AS

DETERMINED PURSUANT TO SECTION 22.9 OF THE ACT and 35

Ill.

Adm. Code 808.

(Section 3.45 of the Act.)

“Static Safety Factor” means the ratio between

resisting forces or moments in a slope and the driving

forces or moments that may cause a massive slope

failure.

“Surface impoundment” means a natural topographic

depression,

a man-made excavation, or a diked area into

which flowing wastes, such as liquid wastes or wastes

containing free liquids, are placed.

For the purposes

of this Part and 35 Ill. Adm. Code 811 through 815,

a

surface impoundment is not a landfill.

Other Parts of

35 Ill. Adm. Code:

Chapter

I may apply,

including the

permitting requirements of 35 Ill.

Adm. Code 309.

“Twenty—five

(25) year,

24 hour precipitation event”

means a precipitation event of 24 hour duration with a

p~robablerecurrence interval of once in 25 years.

“Uppermost aquifer” means the first geologic formation

above or below the bottom elevation of a constructed

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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.

Section 810.104

Incorporations by Reference

a)

The Board incorporates the following material by

reference:

40 CFR 141.40

(1988).

Auditing Standards--Current Text, August

1, 1990

Edition, available through the American Institute

of Certified Public Accountants, 1211 Avenue of

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the Americas, New York,

NY 10036.

Test Methods

for Evaluating Solid Waste.

Physical/Chemical methods, EPA Publication SW-846

(Third Edition,

1986 as amended by Update

I

(November,

1990).

SW—846 and Update I are

available from the Superintendent of Documents,

US. Government Printing Office, Washington.

D.C.

20402,

Ph:

(202)

783—3238.

40 CFR 258.Appendix II

(1992).

b)

This incorporation includes no later amendments or

editions.

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TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

WASTE

DISPOSAL

CHAPTER

I:

POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID WASTE

AND

SPECIAL WASTE HAULING

PART

811

STANDARDS FOR NEW SOLID WASTE LANDFILLS

SUBPART A:

GENERAL STANDARDS FOR ALL LANDFILLS

Section

811.101

811. 102

811.103

811.

104

811.105

811.106

811.107

811.

108

811. 109

811.

110

811.111

Section

811.201

811.202

811.203

811.204

811.205

811.206

811.207

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

Scope and Applicability

Determination of Contaminated Leachate

Design Period

Final Cover

Final Slope and Stabilization

Leachate Sampling

Load Checking

SUBPART

C:

PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

Section

811.301

811.302

811.303

811.304

811.305

811.306

811.307

811.308

811. 309

811. 3 10

811.311

811. 312

811.313

811.314

811.315

811.316

811.317

811.318

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

0

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16

811.319

811.320

811.321

811.322

811.323

811.324

811.325

811.326

Monitoring Systems

Groundwater Monitoring Programs

Groundwater Quality Standards

Waste Placement

Final Slope and Stabilization

Load Checking Program

Corrective Action Measures for MSWLF Units

Selection of remedy for NSWLF Units

Implementation of the corrective action program at

MSWLF Units

Section

811.401

811.402

811.403

811. 404

811.

405

811.406

Section

811.501

811.502

811.503

811. 504

811.505

811.506

811.507

811.508

811.509

Section

811.700

811.701

811.702

811.703

811.704

811.705

811.706

811.707

811.708

811.709

811.710

811.711

811.712

811.713

811.714

811.715

SUBPART D:

MANAGEMENT

OF SPECIAL WASTES AT LANDFILLS

Scope

arid 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

Foundations and Subbases

Compacted Earth Liners

Geomembranes

Leachate Collection Systems

SUBPART G:

FINANCIAL ASSURANCE

Scope, Applicability and Definitions

Upgrading Financial Assurance

Release of Financial Institution

Application of Proceeds and Appeals

Closure and Postclosure Care Cost Estimates

Revision of Cost Estimate

Mechanisms for Financial Assurance

Use of Multiple Financial Mechanisms

Use of a Financial Mechanism for Multiple Sites

Trust Fund for Unrelated Sites

Trust Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter of Credit

Closure Insurance

Self—Insurance for Non—commercial Sites

811.Appendix A Financial Assurance Forms

0

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1

8

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17

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 C Operator’s Bond Without Surety

Illustration H Operator’s Bond With Parent Surety

Illustration I Letter from Chief Financial Officer

811.Appendix B Section-by-Section Correlation Between the

Requirements of the Federal NSWLF Regulations at

40 CFR 258

(1992)

and the Requirements of Parts

810 through 814.

AUTHORITY:

Implementing Sections

5,

21, 21.1,

22,

22.17 and 28.1

and authorized by Section 27 of the Environmental Protection Act

(Ill.

Rev.

Stat.

1989,

ch.

111 1/2,

pars.

1005,

1021,

1021.1,

1022,

1022.17,

1028.1 and 1027).

SOURCE:

Adopted in P88-7 at

14 Ill. Reg.

,

effective

NOTE:

Capitalization indicates statutory language.

SUBPART A:

GENERAL STANDARDS FOR ALL LANDFILLS

Section 811.101

Scope and Applicability

a)

The standards of this Part apply to all new landfills,

except those regulated pursuant to 35 Ill. Adm. Code

700 through 749.

Subpart A contains general standards

applicable to all new landfills.

Subpart B contains

additional standards for new landfills which dispose of

only inert wastes.

Subpart C contains additional

standards for new landfills which dispose of chemical

and putrescible wastes.

b)

This Part shall not apply until one year after the

effective date of this Part to new landfills solely

receiving the following wastes generated by the

following industries, provided that proposed

regulations of general applicability to that industry

category are filed with the Board no later than

December

1,

1990:

wastes generated by foundries and

primary steel production facilities and coal combustion

wastes generated by electric utilities.

The

requirements of 35 Ill. Adm. Code 807 shall apply to

such landfills during the interim period of one year

after the effective date of this Part.

This Part shall

u

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U

i

1

9

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18

become effective immediately after Dec.

1,

1990 if no

proposal has been filed by that date.

C)

All general provisions of 35

Ill. Adm. Code 810 apply

to this Part.

~J.

Standards for Municipal Solid Waste landfills

3j

The standards of this Part also apply to all new

MSWLF units,

as defined at 35 Ill.

Adia.

Code

810.103.

The standards for the new MSWLF units

include:

~j

The standards applicable to new landfills

pursuant to subsection

(a); and

~j

The standards adopted

in this part that are

identical-in-substance to the federal

regulations promulgated by the U.S.

Environmental Protection Agency pursuant

Sections 4004 and 4010 of the RCRA relating

to MSWLF program.

Such standards are

individually indicated as applicable to MSWL

units.

21

The Appendix table 81l.Appendix B provides a

Section—by—Section correlation between the

requirements of the federal MSWLF regulations at

40 CFR 258

(19921 and the reguirements of this

Part.

Section 811.107

Operating Standards

a)

Phasing of Operations

1)

Waste shall be placed in a manner and at such a

rate that mass stability is provided during all

phases of operation.

Mass stability shall mean

that the mass of the waste deposited will riot

undergo settling or slope failure that interrupts

operations at the facility or causes damage to any

of the various landfill operations or structures,

such as the liner,

leachate or drainage collection

system, gas collection system or monitoring

system.

2)

The phasing of operations at the facility’ shall be

designed

in such a way as to allow the sequential

construction,

filling, and closure of discrete

units or parts of units.

3)

The operator shall design and sequence the waste

---

19

placement operation in each discrete unit or parts

of units,

in conjunction with the overall

operations of the facility,

so as to shorten the

operational phase and allow wastes to be built up

to the planned final grade.

b)

Size and Slope of Working Face

1)

The working face of the unit shall be no larger

than is necessary, based on the terrain and

equipment used in waste placement, to conduct

operations in a safe and efficient manner.

2)

The slopes of the working face area shall be no

steeper than two to one (horizontal to vertical)

unless the waste is stable at steeper slopes.

c)

Equipment

Equipment shall be maintained and available for use at

the facility during all hours of operation, so as to

achieve and maintain compliance with the requirements

of this Part.

d)

Utilities

All utilities, including but not limited to heat,

lights, power and communications equipment, necessary

for safe operation in compliance with the requirements

of this Part shall be available at the facility at all

times.

e)

Maintenance

The operator shall maintain and operate all systems and

related appurtenances and structures in a manner that

facilitates proper operations in compliance with this

Part.

f)

Open Burning

Open burning is prohibited except in accordance with 35

Ill. Adm. Code 200 through 245.

g)

Dust Control

The operator shall implement methods for controlling

dust so as to prevent wind dispersal of particulate

matter.

h)

Noise Control

0! L~.2-072

I

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20

The facility shall be designed, constructed and main-

tained to minimize the level of equipment noise audible

outside the facility.

The facility shall not cause or

contribute to a violation of 35 Ill. Adm. Code 900

through 905 or of Section 24 of the Act.

i)

Vector Control

The operator shall implement measures to control the

population of disease and nuisance vectors.

j)

Fire Protection

The operator shall institute fire protection measures

including,

but not limited to, maintaining a supply of

water on—site and radio or telephone access to the

nearest fire department.

k)

Litter Control

1)

The operator shall patrol the facility daily to

check for litter accumulation.

All litter shall

be collected and placed in the fill or in a

secure, covered container for later disposal.

2)

The facility shall not accept solid waste from

vehicles that do not utilize devices such as

covers or tarpaulins to control litter, unless the

nature of the solid waste load is such that it

cannot cause any litter during its transportation

to the facility.

1)

Mud Tracking

The facility shall implement methods, such as use of

wheel washing units, to prevent tracking of mud by

hauling vehicles onto public roadways.

~

Liquids Restrictions for MSWLF units

fl

Bulk or noricontainerized liquid waste may not be

placed in MSWLF units unless:

~j

The waste is household waste other than

septic waste; or

~j

The waste is leachate or gas condensate

derived from the MSWLF unit and the MSWLF

unit, whether it is a new or existing MSWLF

unit or lateral expansion,

is designed with a

composite liner and leachate collection

system that complies with the requirements of

a

!L2-0722

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21

Sections 811.306 through 811.308.

21

Containers holding liquid waste maY not be placed

in a MSWLF unit unless:

~j

The container is

a small container similar in

size to that normally found in household

waste

~

The container is designed to hold liquids for

use other than storage; or

Qj~.

The waste

is household waste.

~j

For purposes of this Section:

~j

“Liquid waste” means any waste material that

is determined to contain “free liquids” as

defined by Method 9095

(Paint Filter Liauids

Test), as described in “Test Methods for

Evaluating Solid Wastes, Physical/Chemical

Methods”

(EPA Pub. No.

SW-846) incorporated

by reference in 35 Ill.

Adin Code 810.104.

~j.

“Gas condensate” means the liquid aenerated

as a result of gas recovery processes at the

MSWLF unit.

BOARD NOTE.

Subsection 811.107(m)

is Derived

from 40 CFR 258.28

(1992).

Section 811.110

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 pre-

cipitation event without scouring or erosion.

c)

The final configuration of the facility shall be de-

signed 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

0

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0723

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22

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. Adm. 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.

~j

The owner or operator of a MSWLF unit shall begin

closure activities

for each MSWLF unit no later than

the date determined as follows:

fl

30 days after the date on which the MSWLF unit

receives the final receipt of wastes; or

21

If the NSWLF unit has remaining capacity and there

is a reasonable likelihood that the MSWLF unit

will receive additional wastes, no later than one

year after the most recent receipt of wastes.

fl

The Agency shall grant extensions beyond this one—

year deadline for beqinnbing closure if the owner

or operator demonstrates that:

~j.

the NSWLF unit has the capacity to receive

additional wastes: and

~

the owner or operator has taken and will

continue to take all steps necessary to

prevent threats to human health and the

environment from the unclosed MSWLF unit.

BOARD NOTE.

Subsection

(e)

is Derived from 40

CFR

258.60(f)

(1992).

~

The

owner

or

operator of a

MSWLF

unit

shall

complete

closure activities for each unit in accordance with the

closure plan no later than the dates determined as

follows:

.~j.

within 180 days of beginning closure, as speciUed

in subsection

(g)

of this Section.

21

The Agency shall grant extension of the closure

period if the owner or operator demonstrates that:

~

the closure will,

of necessity,

take longer

than 180 days; and

~

the owner or operator has taken and will

0; L1.2-072t~

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23

continue to take all necessary steps to

prevent threats to human health and the

environment from the unclosed MSWLF unit.

BOARD NOTE. Subsection

(e)

is Derived from 40

CFR 258.60(g)

(1992).

Deed

notation.

jj

Following

closure

of

all

MSWLF

units

at

a

site,

the

owner

or

operator

shall

record

a

notation

on

the

deed

to

the

landfill

facility

property

or

some

other

instrument

that

is

normally

examined

during

title search.

The

owner

or

operator

shall

place

a

copy of the instrument in the operating record,

and shall notify the Agency that the notation has

been recorded and a copy has been placed in the

operating

record.

aL

The notation on the deed or other instrument must

be made in such a way that in perpetuity notify

any potential purchaser of the property that:

~j

The land has been used as a landfill

facility; and

~J.

Its use is restricted pursuant to Section

811.111(d).

BOARD NOTE.

Subsection

(g)

is Derived from 40 CFR

258.60(i)

(1992).

~fl

The Agency shall allow the owner or operator of a MSWLF

unit to remove the notation from the deed only if the

owner or operator demonstrates to the Agency that all

wastes are removed from the facility.

BOARD NOTE.

Subsection

(h)

is Derived from 40 CFR

258.60(1)

(1992).

Section 811.111

Postclosure Maintenance

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 the Final Cover and

Vegetation:

flL~2-L~725

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24

1)

Frequency of Inspections

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

of

annual

inspections

until

settling

has

stopped

and

there

are

no

eroded

or scoured areas.

B)

For landfills, other than those used

exclusively

for

disposing waste generated at

the site,

inspections shall be continued for

a minimum period of 15 years after closure.

ci

For MSWLF units, inspections shall be

continued

for

a minimum period of

30 years

after

closure.

2)

All rills,

gullies and crevices six inches or

deeper identified

in the inspection shall be

filled.

Areas identified by the operator or the

Agency

inspection

as

particularly

susceptible

to

erosion shall be recontoured.

3)

All eroded and scoured drainage channels shall be

repaired and lining material shall be replaced if

necessary.

4)

All holes and depressions created by settling

shall be filled and recontoured so as to prevent

standing water.

5)

All reworked surfaces, and areas with failed or

eroded vegetation in excess of 100 square feet

cumulatively, shall be revegetated in accordance

with

the

approved

closure

plan

for

the

facility.

~

Planned uses of property at NSWLF units

fl

The owner or operator of a MSWLF unit shall

include a description of the planned uses of the

property during the poetciosure care period in the

written

poatciosure

care

plan

prepared

pursuant

to

35

111

Adm.

Code

812.115.

21

Postclosure

use

of

the

property

must

not

disturb

the

integrity

of

the

final

cover,

liner,

any

other

components of the

containment

system,

or

the

function of the monitoring systems, unless

necessary to comply with the requirements of this

Part.

2

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25

~

The Agency shall approve any other disturbance if

the

owner

or

operator

demonstrates

that

the

disturbance

of

the

final

cover,

liner

or

other

component

of

the

containment

system,

including any

removal

of

waste,

will

not

increase the potential

threat

to

human

health

or

the

environment.

BOARD NOTE.

Subsection

(d)

is Derived from 40 CFR

258.61(c)(3)

(1992).

Section 811.112

Recordkeeping Requirements for MSWLF Units

The owner or operator of a MSWLF unit shall record and retain

near the facility in an operating record or in some alternative

location specified by the Agency,

the information submitted to

the Agency pursuant to 35 Ill.

Adin.

Code 812 and 813,

as it

becomes available.

At a minimum, the operatin~record shall

contain the following information:

~j

Any location restriction demonstration required under

35

Ill.

Adm. Code 812.109 and 812.303

~

Inspection records, training procedures. and

notification procedures required by Section 811.323

gj

Gas monitoring results and any remediation plans

required by Sections 811.310 and 811.311

~J

Any MSWLF unit design documentation for placement of

leachate or gas condensate

in

a NSWLF unit required bY

Section 811.107(m)

~

Any demonstration, certification, monitoring results,

testing, or analytical data relating to the groundwater

monitoring program required by Sections 811.319,

811.324, 811.325, and 811.326

~j.

Closure

and

post—closure

care

Plans

and

any

monitoring,

testing, or analytical data reciuired bY Sections

811.110 and 811.111; and

gj

AnY

cost

estimates

and

financial

assurance

documentation required

by

Subpart

G of this Part.

BOARD NOTE. The requirements of this Section are

derived from 40 CFR 258.29

(1992).

SUBPART C:

PUTRESCIBLE

AND

CHEMICAL WASTE LANDFILLS

01 t4~-0727

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26

Section

811.302

Facility

Location

a)

No

part

of

a

unit

shall

be

located

within

a

setback

zone

established

pursuant

to

Section

14.2

or

14.3

of

the Act;

b)

No

part

of

a

unit

shall

be

located

within

the

recharge

zone

or

within

366

meters

(1200

feet),

vertically

or

horizontally,

of

a

sole—source

aquifer

designated

by

the

United

States

Environmental

Protection

Agency

pursuant

to

Section

1424(e)

of

the Safe Drinking Water

Act

(42

U.S.C.

300f et seq.) unless there is a stratum

between the bottom of the waste disposal unit and the

top of the aquifer that meets the following minimum

requirements:

1)

The stratum has a minimum thickness of 15.2 meters

(50 feet);

2)

The maximum hydraulic conductivity in both the

horizontal and vertical directions is no greater

than lxlO7 centimeters per second, as determined

by in situ borehole or equivalent tests;

3)

There is no indication of continuous sand or silt

seams,

faults, fractures or cracks within the

stratum

that

may

provide

paths

for

migration;

and

4)

Age

dating

of

extracted

water

samples

from

both

the aquifer and the stratum indicates that the

time of travel for water percolating downward

through the relatively impermeable stratum is no

faster than 15.2 meters

(50 feet)

in 100 years.

C)

A facility located within 152 meters

(500 feet) of the

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

interstate highway shall have its operations screened

from view by a barrier of natural objects,

fences,

barricades, 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.

e)

The facility shall not be located closer than 1525

meters

(5000 feet)

of any runway used by piston type

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27

aircraft or within 3050 meters

(10,000 feet)

of any

runway used by turbojet aircraft unless the Federal

Aviation Administration provides the operator with

written permission,

including technical justification,

for a closer distance.

~j

Owners or operators proposing to locate a new MSWLF

unit within a five-mile radius of any airport runway

used by turbo~ietor piston-type aircraft shall notify

the affected airport and the Federal Aviation

Administration

(FAA)

within

7

days

of

filing

a

permit

application with Agency in accordance with 35 Ill. Adm.

Code 813 for developing

a

new

landfill.

BOARD

NOTE.

Subsection

(f)

is

derived

from

40

CFR

258.10

(1992).

Section 811.303

Design Period

a)

The design period for putrescible and chemical waste

disposal units shall be the estimated operating life

plus a postclosure care period of 30 years.

The design

period for putrescible waste landfill units,

other than

MSWLF units. may be reduced if unlc~measures are

undertaken in compliance with subsections

(b)

and

(c)

to

encourage

stabilization

of

putrescible

waste.

~

design period for a MSWLF unit may be reduced in

accordance with subsection

(d).

b)

The design period for a disposal unit which accepts

only putrescible waste in shredded form shall be the

estimated operating life plus 20 years of postclosure

care.

c)

The design period for a putrescible waste disposal unit

that recycles leachate in accordance with Section

811.309(f)

shall

be

the

estimated

operating life plus

20 years of postclosure

care.

~J.

The Agency shall reduce the postclosure care period of

a MSWLF unit if the owner or operator demonstrates to

the Agency that the reduced period is sufficient to

protect human health and the environment.

BOARD NOTE:

Subsection

(ci)

is derived from 40 CFR

258.61(b) (1).

Section 811.319

Groundwater Monitoring Programs

a)

Detection Monitoring Program

Any use of the term “maximum allowable predicted

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28

concentration”

in this Section is a reference to 35

Ill.

Adm. Code 811.318(c).

The operator shall

implement a detection monitoring program in accordance

with the following requirements:

1)

Monitoring Schedule and Frequency

A)

The monitoring period shall begin as soon as

waste is placed into the unit of a new

landfill or within one year of the effective

date of this Part for an existing landfill.

Monitoring shall continue for a minimum

period of fifteen years after closure, or in

the case of MSWLF units,

a minimum period of

30 years after closure, except as otherwise

provided by Section 811.303.

The operator

shall sample all monitoring points for all

potential sources of contamination on a

quarterly basis except as specified in

subsection

(a)

(3)

or may institute more

frequent sampling throughout the time the

source constitutes a threat to groundwater.

For the purposes of this section, the source

shall be considered a threat to groundwater,

if the results of the monitoring indicate

that the concentrations of any of the

constituent monitored within the zone of

attenuation are above the maximum allowable

predicted concentration for that constituent.

B)

Beginning fifteen 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

subsection

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

frequency may change on a well by well basis

to an annual schedule if either of the

following conditions exist.

However,

monitoring shall return to a quarterly

schedule at any well where a statistically

significant increase is determined to have

occurred in accordance with Section

811.320(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 maximum allowable

predicted concentration; or

h

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“1

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29

ii)

All

constituents

monitored

within

the

zone of attenuation are less than or

equal to their maximum allowable

predicted concentration for eight

consecutive quarters.

C)

Monitoring shall be continued for a minimum

period of: thirty years after closure at

MSWLF units,

except as otherwise provided by

Section 811.303 five years after closure e~-

in the case of ~

landfills,

other than NSWLF

units.

tho3c which are used exclusively for

disposing waste generated at the siteT; or ~

minimum pcriod of fifteen years after closure

at all other landfills re~ulatedunder this

Part.

Monitoring, beyond the minimum period,

may be discontinued under the following

conditions:

1)

No statistically significant increase is

detected in the concentration of any

constituent above that measured and

recorded during the immediately

preceding scheduled sampling for three

consecutive years,

after changing to an

annual monitoring frequency; or

ii)

Immediately after contaminated leachate

is no longer generated by the unit.

BOARD NOTE. Changes to Subsections

(a) (1) (A) and

(a) (1) (C)

are derived from

40 CFR 258.50(e)

(1992).

2)

Criteria for Choosing ConstItuents to be Monitored

A)

The operator shall monitor each well for

constituents 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 for the

constituent a public or food processing

water supply standard, at 35 Ill. Adm.

Code 302, the Board has established a

groundwater quality standard under the

Illinois Groundwater Protection Act

(Ill. Rev.

Stat.

1989,

ch.

111 1/2, par.

0

I

L~.2-073

---

30

7451

et

seq.),

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

The

operator

shall

monitor

each

existing

well

that

is

being

used

as

a

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

a

broad

range

of

organic

chemical

contaminants In accordance with the procedures

described below:

A)

The

analysis

shall

be

at

least

as

comprehensive

and

sensitive

as

the

tests

for;

i)

The

51

organic

chemicals

in

drinking

water

described

at

40

CFR

141.40

(1988),

incorporated

by

reference

at

35

Ill.

Acm. Code 810.104; and

ii)

Any other organic chemical for which

a

groundwater quality standard or

criterion

has

been

adopted

pursuant

to

Section 14.4 of the Act or Section 8 of

the Illinois Groundwater Protection Act.

B)

At least once every two years, the operator

shall monitor each well in accordance with

subsection

(a) (1) (A).

~

The operator of a MSWLF unit shall monitor

each well in accordance with subsection

(a) (1) (A)

on an annual basis.

BOARD NOTE. Subsection

(a) (3) (C)

is derived

from 40 CFR 258.54(b)

(1992).

4)

Confirmation of Monitored Increase

A)

The confirmation procedures of this

I

LI

I

—

U,

~L

U/

---

31

subsection

shall

be

used

only

if

the

concentrations

of

the

constituents

monitored

can

be

measured

at

or

above

the

practical

quantitation

limit

(PQL).

The

PQL

is

defined

as the lowest concentration that can be

reliably measured within specified limits of

precision and accuracy, under routine

laboratory operating conditions.

The

operator shall institute the confirmation

procedures of subsection

(a) (4) (B)

after

notifying the Agency in writing, within 10

days,

of the following observed increases

I)

The concentration of any constituent

monitored in accordance with subsection

(a) (1) and

(a) (2)

shows

a progressive

increase over four consecutive quarters;

ii)

The concentration of any constituent

exceeds the maximum allowable predicted

concentration at an established

monitoring point within the zone of

attenuation;

iii) The concentration of any constituent

monitored in accordance with subsection

(a) (3) exceeds the preceding measured

concentration at any established

monitoring point; and

iv)

The concentration of any constituent

monitored at or beyond the zone of

attenuation exceeds the applicable

groundwater quality standards of Section

811.320.

B)

The confirmation procedures shall include the

following:

i)

The operator shall verify any observed

increase by taking additional samples

within 45 days of the initial

observation and ensure that the samples

and sampling protocol used will detect

any statistically significant increase

in the concentration of the suspect

constituent in accordance with

subsection 811.320(e), so as to confirm

the observed increase.

The operator

shall notify the Agency of any confirmed

increase before the end of the next

business day following the confirmation.

0

!

L~

2

—

73 3

---

32

ii)

The operator shall determine the source

of

any

confirmed

increase,

which

may

include,

but

shall

not

be

limited

to,

natural phenomena,

sampling or analysis

errors,

or

an

off—site

source.

iii)

The

operator

shall

notify

the

Agency

in

writing

of

any

confirmed

increase

and

state

the

source

of

the

confirmed

increase

and

provide

the

rationale

used

in

such

a

determination

within

ten

days

of

the

determination.

b)

Assessment Monitoring

The

operator

shall

begin

an

assessment

monitoring

program

in

order

to

confirm

that

the

solid

waste

disposal facility is the source of the contamination

and to provide information needed to carry out a

groundwater impact assessment in accordance with

subsection

(c).

The assessment monitoring program

shall be conducted in accordance with the following

requirements:

1)

The assessment monitoring shall be conducted ~jfl

accordance with this subsection to collect

information to assess the nature and extent of

groundwater contamination7.

The owner or operator

of a MSWLF unit shall com~1ywith the additional

requirements prescribed in subsection

(b) (5).

The

assessment monitoring which shall consist of, but

not be limited to, the following steps:

A)

More frequent sampling of the wells in which

the observation occurred;

B)

More frequent sampling of any surrounding

wells;

C)

The placement of additional monitoring wells

to determine the source and extent of the

contamination;

D)

Monitoring of additional constituents that

might indicate the source and extent of

contamination; 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

iflL:.2-073i~.

---

33

monitoring

is

required

shall

file

the

plans

for

an

assessment monitoring program with the Agency.

If

the facility is permitted by the Agency, then the

plans

shall

be

filed

for

review

as

a

significant

permit

modification

pursuant

to

35

Ill.

Adm.

Code

813.Subpart

B.

The

assessment

monitoring

program

shall

be

implemented

within

90

days

of

confirmation

of

any

monitored

increase

In

accordance with subsection

(a) (4)

or,

in the case

of

permitted

facilities,

within

90

days

of

Agency

approval.

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

811.320

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 potential impact on the

groundwater

should

waste

continue

to

be

accepted

at

the

facility

and

shall

implement

remedial

action

in

accordance

with

subsection

(d).

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 maximum

allowable predicted concentration within the zone

of attenuation, then the operator shall conduct a

groundwater impact assessment

in accordance with

the requirements of subsection

(c).

~j

In addition to the requirements of subsection

(b) (1), to collect information to assess the

nature and extent of groundwater contamination,

the following requirements are applicable to MSWLF

units:

~

The monitoring of additional constituents

pursuant to

(b) (1) (D)

shall include, at a

minimum, the constituents listed in 40 CFR

258. Appendix II,

incorporated by reference

at

35

Ill.

Adm.

Code

810.104.

BOARD NOTE. Subsection

(b) (5) (A)

is derived

from 40 CFR 258.55(b)

(1992).

~j.. Within 14 days of obtaining the results of

sampling required under subsection

(b) (1) (D),

the owner or operator shall:

a~

~.2-U735

---

34

11

place

a

notice

in

the

operating

record

identifying

the

constituents

that

have

been

detected;

and

~JJ

notify

the

Agency

that

such

a

notice

has

been placed in the operating record.

BOARD

NOTE.

Subsection

(b) (5)

(B)

is

derived

from

40

CFR

258.55(d)(1)

(1992).

ci

The

owner

or

operator

shall

establish

background

concentrations

for

any

constituents

detected

pursuant

to

subsection

Ib)

(1)

(D)

in

accordance

with

Section

811.320(e)

BOARD

NOTE.

Subsection

(b)

(5) (C)

is

derived

from 40 CFR 258.55(d)(3)

(1992).

Qj

Within

14

days

of

finding

an

exceedance

above

the applicable groundwater quality standards

in accordance with subsection

(b) (3), the

owner or operator shall:

iL

place a notice in the operating record

that identifies the constituents

monitored under subsection

(b) (1) (D)

that have exceeded the groundwater

quality standard

jjj~. notify the Agency and the appropriate

officials of the local municipality or

county within whose boundaries the site

is located that such a notice has been

placed in the operating record; and

iii) notify all persons who own land or

reside on land that directly overlies

any part of the plume of contamination

if contaminants have migrated off-site.

BOARD NOTE.

Subsection

(b) (5) (D)

is

derived from 40 CFR 258.55(q) (1) (I)

through

(iii)

(1992).

c)

Assessment of Potential Groundwater Impact

An operator required to conduct a groundwater impact

assessment in accordance with subsection

(b) (4) shall

assess the potential impacts outside the zone of

attenuation that may result from confirmed increases

01 L!.2_0736

---

35

above

the

maximum

allowable

predicted

concentration

within

the

zone

of

attenuation,

attributable

to

the

facility,

in

order

to

determine

if

there

is

need

for

remedial

action.

In

addition

to

the requirements of

Section

811.317,

the

following

shall

apply:

1)

The

operator

shall

utilize

any

new

information

developed since the initial assessment and inform-

ation

from

the

detection

and

assessment

monitoring

programs and such information may be used for the

recalibration

of

the

GCT

model;

and

2)

The operator shall submit the groundwater impact

assessment

and

any

proposed

remedial

action

plans

determined

necessary

pursuant

to

subsection

(ci)

to

the Agency within 180 days of the

start

of

the

assessment monitoring program.

ci)

Remedial Action.

The owner or operator of

a MSWLF

unit shall conduct corrective action in accordance with

Sections 811.324,

811.325,

and 811.326.

The owner or

operator of a landfill facility, other than a MSWLF

unit,

shall conduct remedial action in accordance with

this subsection.

1)

The operator shall submit plans for the remedial

action to the Agency.

Such plans and all

supporting information including data collected

during the assessment monitoring shall be

submitted within 90 days of determination of

either of the following:

A)

The groundwater impact assessment performed

in accordance with subsection

(c), indicates

that remedial action is needed; or

B)

Any confirmed increase above the applicable

groundwater quality standards of Section

811.320 is determined to be attributable to

the solid waste disposal facility in

accordance with subsection

(b).

2)

If the facility has been issued a permit by the

Agency, then the operator shall submit this

information as an application for significant

modification to the permit;

3)

The operator shall implement the plan for remedial

action within 90 days of the following:

A)

Completion of the groundwater impact

assessment under subsection

(c) that requires

0! L~.2-O737

---

36

remedial

action;

B)

Establishing

that

a

violation

of

an

applicable

groundwater

quality

standard

of

Section

811.320

is

attributable

to

the

solid

waste

disposal

facility

in

accordance

with

subsection

(b) (3);

or

C)

Agency approval of the remedial action plan,

where the facility has been permitted by the

Agency.

4)

The remedial action program shall consist of one

or a combination of one or more of the following

solutions:

A)

Retrofit additional groundwater protective

measures within the unit;

B)

Construct an additional hydraulic barrier,

such as a cutoff wall or slurry wall system;

C)

Pump and treat the contaminated groundwater;

or

D)

Any other equivalent technique which will

prevent further contamination of groundwater.

5)

Termination of the Remedial Action Program

A)

The remedial action program shall continue in

accordance with the plan until monitoring

shows that the concentrations of all

monitored constituents are below the maximum

allowable predicted concentration within the

zone of attenuation, and below the applicable

groundwater quality standards of Section

811.320 at or beyond the zone of attenuation,

over a period of 4 consecutive quarters.

B)

The operator shall submit to the Agency all

information collected under subsection

(ci) (5) (A)

*

If the facility is permitted then

the operator shall submit this information as

significant modification of the permit.

Section 811.323

Load Checking Program

a)

The operator shall implement a load checking program

that meets the requirements of this Section,

for

detecting and discouraging attempts to dispose

regulated hazardous wastes at the facility.

For

31k2-0738

---

37

purposes

of

this

Section

and

Section

811.406,

“regulated hazardous wastes” are wastes defined as such

under

RCRA,

at 35 Ill.

Adm.

Code 721,

and

subject

to

regulations under

35 Ill. Adm.

Code:

Subtitle G.

b)

In addition to checking for hazardous waste in

accordance with subsection

(a), the load checking

program

at

a

MSWLF

unit

shall

include

waste

load

inspection

for

detecting

and

discouraging

attempts

to

dispose

“polychlorinated

biphenyl

wastes”

as

defined

in

40 CFR 761.3

(1992).

BOARD

NOTE.

Subsection

(b)

is derived from 40 CFR

258.20(a)

(1992).

b)

The load checking program shall consist of, at a

minimum,

the

following

components:

1)

Random

inspections

A)

An inspector designated by the facility shall

examine

at

least

three

random

loads

of

solid

waste

delivered

to

the

landfill

on

a

random

day

each

week.

The

drivers

randomly

selected

by

the

inspector

shall

be

directed

to

discharge

their

loads

at

a

separate,

designated

location within the facility.

The

facility shall conduct a detailed inspection

of the discharged material for any regulated

hazardous,

or

other

unacceptable

wastes

that

may

be

present.

Cameras

or

other

devices

may

be used to record the visible contents of

solid waste shipments.

Where such devices

are employed, their use should be designated

on a sign posted near the entrance to the

facility.

B)

If regulated hazardous wastes or other

unacceptable wastes are suspected, the

facility shall communicate with the

generator, hauler or other party responsible

for shipping the waste to the facility to

determine the identity of the waste.

2)

Recording inspection results

Information and observations derived from each

random inspection shall be recorded in writing and

retained at the facility for at least three years.

The recorded information shall include, at a

minimum, the date and time of the inspection; the

names of the hauling firm and the driver of the

o

L~2-U739

---

38

vehicle;

the

vehicle

license

plate

number;

the

source

of

the

waste,

as

stated

by

the

driver;

and

observations made by the inspector during the

detailed inspection.

The written record shall be

signed by both the inspector and the driver.

3)

Training

The solid waste management facility shall train

designated inspectors,

equipment operators, weigh

station attendants, spotters at large facilities,

and all other appropriate facility personnel in

the identification of potential sources of

regulated hazardous wastes and other unacceptable

wastes.

The training program shall emphasize

familiarity with containers typically used for

regulated hazardous wastes and with labels for

regulated hazardous wastes, under

RCRA,

and for

hazardous materials under the Hazardous Materials

Transportation Act

(49 U.S.C.

1801 et seq.).

c)

Handling Regulated Hazardous Wastes

1)

If any regulated hazardous wastes are identified

by random load checking, or are otherwise

discovered to be improperly deposited at the

facility, the facility shall promptly notify the

Agency, the person responsible for shipping the

wastes to the landfill, and the generator of the

wastes,

if known.

Waste loads identical to the

regulated hazardous waste identifled through the

random load checking which have not yet been

deposited in the landfill shall not be accepted.

The area where the wastes are deposited shall

immediately be cordoned off from public access.

The solid waste management facility shall assure

the cleanup, transportation and disposal of the

waste at a permitted hazardous waste management facility.

2)

The party responsible for transporting the waste

to the solid waste management facility shall be

responsible for the costs of such proper cleanup,

transportation and disposal.

3)

Subsequent shipments by persons or sources found

or suspected to be previously responsible for

shipping regulated hazardous waste shall be

subject to the following special precautionary

measures prior to the solid waste management

facility accepting wastes.

The operator shall use

precautionary measures such as questioning the

driver concerning the waste contents prior to

Ui~~UI4

---

39

discharge and visual inspection during the

discharge of the load at the working face or

elsewhere.

Section 811.324

Corrective Action Measures for MSWLF Units

flj..

The owner or operator shall initiate an assessment of

corrective action measures within 90 days of the

following:

fl

The groundwater impact assessment,

performed in

accordance with subsection 811.319

(c),

indicates

that remedial action is needed; or

21

The assessment monitoring, performed in accordance

with subsection 811.319(b),

indicates that a

confirmed increase above the applicable

groundwater quality standards of Section 811.320

is attributable to the solid waste disposal

facility.

~j

The

owner

or

operator

shall

complete

the

corrective

action assessment within a reasonable time period.

The

Agency

shall

specify

that time period in the facility’s

permit.

~

The

owner

or

operator

shall continue to monitor in

accordance with the assessment monitoring program,

as

specified in Section 811.319(b).

~

The assessment shall include an analysis of the

effectiveness

of

various

potential

corrective

action

measures

in

meeting

all

of

the

requirements

and

objectives of the remedy,

as described under Section

811.325, addressing at least the following:

fl

The performance, reliability, ease of

implementation,

and potential impacts of

appropriate potential remedies,

including safety

impacts, cross—media impacts, and control of

exposure to any residual contamination

21

The time required to begin and complete the

remedy

fl

The costs of remedy implementation; and

,4j

The institutional requirements.

such as State or

local permit requirements or other environmental

or public health requirements, that may

substantially affect implementation of the

remedies.

U

~.

---

40

~j

The owner or operator must discuss the results of the

corrective

action

measures

assessment

prior

to

the

selection

of

a

remedy

in

a

public

meeting

with

interested

and

affected

parties.

BOARD

NOTE.

Requirements

of

this

Section

are

derived

from 40 CFR 258.56

(1992).

Section

811.325

Selection

of

remedy

for

MSWLF

Units

~

Based

on

the

results

of

the

corrective

action

measures

assessment

conducted

under

Section

811.324,

the

owner

or

operator

of

a

MSWLF

unit

shall

select

a

remedy

that,

at

a

minimum,

meets

the

requirements

of

subsection

(b).

The

owner

or

operator

shall

submit

to

the

Agency,

within

14

days

of

selecting

a

remedy,

a

report

describing

the

selected

remedy

and

how

it

meets

the

standards

set

forth

in

subsection

(b)

of

this

section.

Such a report shall also be placed in the operatii~,g

record.

~

Remedies

selected

under

this

Section

must

meet

the

following

requirements:

fl~

They

must

be

protective

of

human

health

and

the

environment

~j

They must attain the groundwater auality standards

prescribed at Section 811.320

~j

They must control the sources of release so as to

reduce or eliminate, to the maximum extent

practicable, further releases of constituents

detected

under

the

assessment

monitoring

into

the

environment

that

may

pose

a

threat

to

human

health

or

the

environment;

and

4j

They must comply with standards for management of

wastes as specified in Section 811.326(d).

~j

In selecting a remedy that meets the requirements of

subsection

(b), the owner or operator shall consider

the

following

evaluation

factors:

fl

The long— and short—term effectiveness and

protectiveness of the potential remedies,

along

with the degree of certainty that the remedy will

prove successful based on consideration of the

following factors:

~

The magnitude of reduction of existing risks

01 L~.2-07.2

---

41

~j

The

magnitude

of

residual

risks

in

terms

of

likelihood of further releases due to waste

remaining

following implementation of a

remedy

~

The

type

and

degree

of

long—term

management

required,

including

monitoring,

operation,

and

maintenance

P1

Any

short-term

risks

that might be posed to

the community, workers,

or the environment

during implementation of such a remedy,

including potential threats to human health

and the environment associated with

excavation, transportation,

and redisposal or

containment

~j

The length of time until full protection

is

achieved

fi

Any potential for exposure of humans and

environmental receptors to remaining wastes,

considering the potential threat to human

health and the environment associated with

excavation, transportation.

redisposal, or

containment

~j.

The long-term reliability of engineering and

institutional controls; and

~fl

The potential need for replacement of the

remedy.

21

The effectiveness of the remedy in controlling the

source to reduce further releases based on

consideration of the following factors:

~j

The extent to which containment practices

will reduce further releases; and

~j

The extent to which treatment technologies

may be used.

~j

The ease or difficulty of implementing potential

remedies based on consideration of the following

types of factors:

~j

The degree of difficulty associated with

constructing the technology

~j

The expected operational reliability of the

technologies

01 L~2-Q7L~3

---

42

ci

The need to coordinate with and obtain

necessary approvals and permits from other

agencies

pj

The availability of necessary equipment and

specialists; and

~j

The available capacity and location of needed

treatment,

storage, and disposal services.

j).

The practicable capability of the owner or

operator to implement the remedies, including a

consideration of the technical and economic

capability.

.~j

The degree to which community concerns are

addressed by potential remedies.

~j

Schedule for implementing remedial action.

fl

The owner or operator shall specify as part of the

selected remedy a schedule(s)

for initiating and

completing remedial activities.

Such a schedule

must require the initiation of remedial activities

within a reasonable period of time,

taking into

consideration the factors set forth in subsections

(d) (3) (A) throu~h (d) (3) (H)

21

The Agency shall specify the time period for

initiating remedial action in the facility’s

permit.

~j.

The owner or operator shall consider the following

factors in determining the schedule of remedial

activities:

~j

The extent and nature of contamination

~j

The practical capabilities of remedial

technologies

in achieving compliance with the

groundwater quality standards established

under Section 811.320 and other oblectives of

the remedy

~

The availability of treatment or disposal

capacity for wastes managed during

implementation of the remedy

P1

The desirability of utilizing technologies

that are not currently available, but which

may offer significant advantages over already

available technologies in terms of

0

1L~2-Q7L~L~

---

43

effectiveness, reliability,

safety, or

ability

to

achieve

remedial

obiectives

~j

Any potential risks to human health and the

environment from exposure to contamination

prior to completion of the remedy

fi

Any resource value of the aquifer including:

j)

Any current and future uses

jjj

The proximity and withdrawal rate of

users;

iii) The ground-water quantity and quality

jyj

The potential damage to wildlife, crops,

y~getation,and physical structures

caused by exposure to waste constituent

~

The hydrocieologic characteristic of the

facility and surrounding land

yjj

The ground—water removal and treatment

costs;

vii)

The cost and availability of alternative

water supplies

~j

The practicable capability of the owner or

operator to implement the remedies; and

~

Any other relevant factors.

~j

The Agency shall determine that remediation

of

a

release of one or more constituents monitored in

accordance with Section 811.319 from a MSWLF unit

is

not necessary if the owner or operator demonstrates to

the Agency that:

31

The groundwater is additionally contaminated bY

substances that have originated from a source

other than the MSWLF unit and those substances are

Present in such concentrations that c1eanu~of the

release from the MSWLF unit would provide no

significant reduction in risk to actual or

potential receptors; or

21

The constituents are present in groundwater that:

~j

Is not currently or reasonably expected to be

a source of drinking water; and

0!

L~2-07L~5

---

44

~j.

Is not hydraulically connected with waters to

which the hazardous constituents are

migrating or are likely to migrate in

concentrations that would exceed the

groundwater quality standards established

under Section 811.320; or

~j

The remediation of the release is technically

impracticable;

or

iL

The

remediation

results

in

unacceptable

cross—

media impacts.

fl

A determination by the Agency pursuant to subsection

(e)

shall not affect the State’s authority to require

the owner or operator to undertake source control

measures or other measures that may be necessary to

eliminate or minimize further releases to the

groundwater, to prevent exposure to the groundwater,

or

to remediate the groundwater to concentrations that are

technically practicable and which reduce threats to

human health or the environment.

BOARD NOTE.

The requirements of this Section are

derived from 40 CFR 258.57

(1992)

Section 811.326

Implementation of the corrective action

program at MSWLF Units

~j

Based on the schedule established under section

811.325(d)

for initiation and completion of corrective

action, the owner or operator shall:

31

Establish and implement a corrective action

groundwater monitoring program that:

~j

At a minimum, meets the requirements of an

assessment monitoring program under Section

811.319(b)

~j.. Indicates the effectiveness of the remedy

and

Q1

Demonstrates compliance with ground—water

protection standard pursuant to subsection

(e)

of this Section.

21

Implement the remedy selected pursuant to Section

811.325.

~j.

Take any interim measures necessary to ensure the

protection of human health and the environment.

1?

1

‘1

7

~,

---

45

The Interim measures should, to the areatest

extent practicable, be consistent with the

oblectives of and contribute to the performance of

any remedy that may be required pursuant to

Section 811.325.

The owner or operator shall

consider the following factors in determining

whether interim measures are necessary:

~

The time required to develop and implement a

final remedy

~j

Any actual or potential exposure of nearby

populations or environmental receptors to

hazardous constituents

~

Any actual or potential contamination of

drinking water supplies or sensitive

ecosystems

P1

Any further degradation of the groundwater

that may occur if remedial action is not

initiated expeditiously

~j

The weather conditions that may cause

hazardous constituents to migrate or be

released

~3.

Any

risks

of

fire

or

explosion,

or

potential

for exposure to hazardous constituents as a

result of an accident or failure of a

container or handling system; and

Qj

Any other situations that may pose threats to

human health and the environment.

~j

If an owner or operator determines, based on

information developed after implementation of the

remedy has begun or other information, that compliance

with requirements of Section 811.325(b)

are not being

achieved through the remedy selected, the owner or

operator shall:

31

Implement other methods or techniques that could

practicably achieve compliance with the

requirements, unless the owner or operator makes

the determination under subsection

(c) of this

Section.

21

Submit to the Agency, prior to implementing any

alternative methods pursuant to subsection

(b) (1L

a report describing the alternative methods or

techniques and how they meet the standards of

U

I L~.2-07L~7

---

46

Section 811.325(b).

~j

If the owner or operator determines that compliance

with the requirements of Section 811.325(b) cannot be

practically achieved with any currently available

methods, the owner or operator shall:

31

Obtain the certification of a qualified

groundwater scientist or

a determination by the

Agency that compliance with requirements under

Section 811.325(b)

cannot be practically achieved

with any currently available methods.

21

Implement alternative measures to control exposure

of humans or the environment to residual

contamination,

as necessary to protect human

health and the environment.

3j.

Implement alternative measures for control of the

sources of contamination,

or for removal or

decontamination of equipment, units, devices, or

structures that are:

~j

Technically practicable; and

~j

Consistent with the overall objective of the

remedy.

j)

Notify the Agency within 14 days that a report

lustifying the alternative measures prior to

implementing the alternative measures has been

placed in the operating record.

~j

All solid wastes that are managed pursuant to a remedy

required under Section 811.325, or pursuant to an

interim measure required under subsection

(a) (3), shall

be managed by the owner or operator in a manner:

31

That is protective of human health and the

environment; and

21

That complies with applicable requirements of Part

811.

~J

Remedies selected pursuant to Section 811.325 shall be

considered complete when:

31

The owner or operator complies with the

groundwater

quality

standards established under

Section 811.320 at all points within the plume of

contamination

that lie beyond the zone of

attenuation

established

pursuant

to

Section

01 L~2—37L~8

---

47

811. 320

21

Compliance with the groundwater quality standards

established under Section 811.320 has been

achieved by demonstrating that concentrations of

the constituents monitored under the assessment

monitoring

program

under

Section

811.319(b)

have

not exceeded the groundwater quality standards for

a period of three consecutive years using the

statistical procedures

and performance standards

in Section 811.320(e).

The Agency may specify an

alternative time period during which the owner or

operator must demonstrate compliance with the

groundwater quality standard(s).

The Agency shall

specify such an alternative time period by

considering the following factors:

~j

The extent and concentration of the

release(s):

~j

The behavior characteristics of the hazardous

constituents in the ground—water

~

The accuracy of monitoring or modeling

techniques,

including any seasonal,

meteorological,

or other environmental

variabilities that may affect the accuracy

and

p1

The characteristics of the ground—water; and

fl

All actions required to complete the remedy have

been satisfied.

~j

Within 14 days of the completion of the remedy, the

owner

or operator shall notify the Agency that a

certification that the remedy has been completed in

compliance with the requirements of subsection

(e) has

been placed in the operating record.

The certification

must be signed by the owner or operator and by a

qualified groundwater scientist or determined by the

Agency to be completed.

gj

Upon the completion

of

certification that the

corrective action has been completed,

in accordance

with subsection

(e). the Agency shall release the owner

or operator from the financial assurance requirements

for corrective action pursuant Subpart C of this Part.

BOARD NOTE. Requirements of this Section are derived

from 40 CFR 258.58

(1992).

0

L:.2-0711.9

---

48

SUBPART C:

FINANCIAL

ASSURANCE

Section

811.700

Scope, Applicability and Definitions

a)

This Subpart provides procedures by which the owner or

operator of a permitted waste disposal facility

provides financial assurance satisfying the

requirements of Section 21.1(a)

of the Act.

b)

Financial assurance may be provided, as specified in

Section 811.706, by a trust agreement,

a bond

guaranteeing payment,

a bond guaranteeing payment or

performance,

a letter of credit,

insurance or self—

insurance.

The owner or operator shall provide

financial assurance to the Agency before the receipt of

the waste.

c)

Except as provided in subsection

(f), this Subpart does

not apply to the State of Illinois,

its agencies and

institutions,

or to any unit of local government;

provided, however, that any other persons who conduct

such a waste disposal operation on a site that is owned

or operated by such a governmental entity shall provide

financial assurance for closure and postclosure care of

the site.

ci)

The owner or operator is not required to provide

financial assurance pursuant to this Subpart

if the

owner or operator demonstrates:

1)

That closure and postclosure care plans filed

pursuant to 35 Ill. Adm. Code 724 or 725 will

result in closure and postclosure care of the site

in accordance with the requirements of this Part;

and

2)

That the owner or operator has provided financial

assurance adequate to provide for such closure and

postclosure care pursuant to 35 Ill. Adm. Code 724

or 725.

e)

Definition:

“Assumed closure date” means the date

during the next permit term on which the costs of

premature final closure of the facility,

in accordance

with the standards of this Part, will be greatest.

fi

ON OR AFTER APRIL 9.

1994, NO PERSON. OTHER THAN THE

STATE

OF

ILLINOIS,

ITS

AGENCIES

AND

INSTITUTIONS.

SHALL

CONDUCT

ANY

DISPOSAL

OPERATION

AT

A

MSWLF

UNIT

THAT

REOUIRES

A

PERMIT

UNDER

SUBSECTION

(D)

OF

SECTION

21.1

OF

THE

ACT,

UNLESS

THAT

PERSON

HAS POSTED WITH THE

AGENCY A PERFORMANCE BOND OR OTHER SECURITY FOR THE

0 i~2-075O

---

49

PURPOSES OF:

31

INSURING

CLOSURE

OF

THE SITE AND POST-CLOSURE CARE

IN ACCORDANCE WITH THE ACT AND ITS RULES; AND

21

INSURING COMPLETION OF A CORRECTIVE ACTION REMEDY

WHEN REQUIRED BY BOARD RULES ADOPTED UNDER SECTION

22.40 OF THE ACT OR WHEN REOUIRED BY SECTION 22.41

OF

THE

ACT.

(Section

21.1(a.5)

of

the

Act)

BOARD

NOTE.

Subsection

(f)

clarifies

the

applicability

of the financial assurance requirements to local

governments

since

the

Subtitle

D regulations exempt

only federal and state governments from financial

assurance requirements

(40 CFR 258.70

(1992)).

Section 811.701

Upgrading Financial Assurance

a)

The

owner

or operator shall maintain financial

assurance equal to or greater than the current cost

estimate calculated pursuant to Section 811.704 at all

times,

except as otherwise provided by subsection

(b).

b)

The owner or operator shall increase the total amount

of financial assurance so as to equal the current cost

estimate within 90 days after any of the following

occurrences:

1)

An increase in the current cost estimate;

2)

A decrease in the value of a trust fund;

3)

A

determination

by

the

Agency

that

an

owner

or

operator

no

longer

meets

the

gross

revenue

test

of

Section 811.715(d)

or the financial test of

Section

811.715(e);

or,

4)

Notification

by

the

owner

or

operator

that

the

owner

or

operator

intends

to

substitute

alternative financial assurance,

as specified in

Section 811.706,

for self—insurance.

Section 811.702

Release of Financial Institution

The Agency shall release a trustee,

surety, insurer or other

financial institution when:

a)

An owner or operator substitutes alternative financial

assurance

such

that

the

total

financial

assurance

for

the site is equal to or greater than the current cost

estimate,

without

counting

the

amounts

to

be

released;

or

0

1L~2-075

1

---

50

b)

The Agency releases the owner or operator from the

requirements of this Subpart pursuant to 35 Ill. Adm.

Code

813.403(b).

Section

811.703

Application

of Proceeds and Appeals

a)

The Agency may sue in any court of competent

jurisdiction to enforce its rights under financial

instruments.

The filing of an enforcement action

before the Board is not a condition precedent to such

an Agency action, except when this Subpart or the terms

of the instrument provide otherwise.

b)

As provided in Titles VIII and IX of the Act and 35

Ill. Adm. Code 103 and 104, the Board may order

modifications in permits to change the type or amount

of financial assurance pursuant to an enforcement

action

or

a

variance

petition.

Also,

the

Board

may

order that an owner or operator modify a closure or

postclosure care plan or order that proceeds from

financial

assurance

be

applied

to

the

execution

of

a

closure

or

postclosure

care

plan.

c)

The following Agency actions may be appealed to the

Board as a permit denial pursuant to 35 Ill. Adm. Code

105 and Section 21.5(e)

of the Act:

1)

A refusal to accept financial assurance tendered

by the owner or operator;

2)

A refusal to release the owner or operator from

the requirement to maintain financial assurance;

3)

A refusal to release excess funds from a trust;

4)

A refusal to approve a reduction in the penal

sum

of

a

bond;

5)

A refusal to approve

a

reduction in the amount of

a letter of credit;

6)

A

refusal

to

approve

a reduction in the face

amount of an insurance policy; or

7)

A determination that an owner or operator no

longer meets the gross revenue test or financial

test.

01 ~2-U752

---

51

Section 811.704

Closure and Postclosure Care and Corrective

Action Cost Estimates

a)

Written

cost

estimate.

The owner or operator shall

have a written estimate of the cost of closure of all

parts of the facility where wastes have been deposited

in accordance with the requirements of this Part; the

written closure plan,

required by Section 811.110 and

35 111.

Acm. Code 812.114; and the cost of postclosure

care and plans required by this Part and the written

postclosure care plans required by 35 Ill. Adm. Code

812.115.

The cost estimate is the total cost for

closure and postclosure care.

b)

The owner or operator shall revise the cost estimate

whenever a change in the closure plan or postclosure

care plan increases the cost estimate.

c)

The cost estimate must be based on the steps necessary

for the premature final closure of the facility on the

assumed

closure

date.

ci)

The cost estimate must be based on the assumption that

the

Agency

will

contract

with

a

third

party

to

implement

the

closure

plan.

e)

The cost estimate may not be reduced by allowance for

the salvage value of equipment or waste, for the resale

value of land, or for the sale of landfill gas.

f)

The

cost

estimate

must,

at

a

minimum,

include

all

costs

for all activities necessary to close the facility in

accordance with all requirements of this Part.

g)

The postclosure monitoring and maintenance cost

estimate must be prepared:

1)

On the basis of the design period for each unit at

a facility, assuming operations will cease on the

assumed

closure

date;

and

2)

Reduced to present value,

as follows:

A)

Based on a

4 percent discount rate;

B)

Without allowing for inflation;

C)

Over a period including the time remaining

until the assumed closure date, plus the

postclosure care period;

h)

The postclosure care cost estimate must, at a minimum,

fl.,

U

~

U

I

---

52

be based on the following elements in the postclosure

care plan:

1)

Groundwater monitoring, based on the number of

monitoring

points

and

parameters

and

the

frequency

of sampling specified in the permit.

2)

The annual Cost of Cover Placement and

Stabilization, including an estimate of the annual

residual

settlement

and

erosion

control

and

the

cost of mowing.

3)

Alternative Landfill Gas Disposal.

If landfill

gas

is

transported

to

an

off—site

processing

system, then the owner or operator shall include

in

the

cost

estimate

the

costs

necessary

to

operate an on-site gas disposal system, should

access

to

the off-site facility become

unavailable.

The cost estimate must include the

following information:

installation, operation,

maintenance and monitoring of an on—site gas

disposal system.

4)

Cost Estimates Beyond the Design Period.

When

a

facility must extend the postclosure care period

beyond the applicable design period, the cost

estimate must be based upon such additional time

and the care activities occurring during that

time.

i)

This Section does not authorize the Agency to require

the

owner

or

operator to perform any of the indicated

activities upon which cost estimates are to be based;

however,

if the site permit requires a closure

activity, the owner or operator shall include the cost

of that activity in the cost estimate.

j)

Once the owner or operator has completed an activity,

the owner or operator may file an application for

significant permit modification pursuant to 35 Ill.

Adm. Code 813.201 indicating that the activity has been

completed,

and zeroing that element of the cost

estimate.

jçj

Cost estimate for corrective action at MSWLF units.

31

An owner or operator of

a

NSWLF

unit

required

to

undertake

a corrective action program pursuant to

Section 811.326 shall have a detailed written

estimate,

in current dollars,

of the cost of

hiring a third party to perform the corrective

action in accordance with the Section 811.326.

fl?

---

53

The corrective action cost estimate must account

for the total costs of corrective action

activities as described in the corrective action

elan

for

the

entire

corrective

action period.

The

owner or operator shall notify the Agency that the

estimate has been placed in the operating record.

21

The owner or operator must annually adjust the

estimate for inflation until the corrective action

program is completed in accordance with Section

811.326(f).

3j.

The owner or operator must increase the corrective

action cost estimate and the amount of financial

assurance provided under paragraph

(b)

of this

section if changes in the corrective action

program or MSWLF unit conditions increase the

maximum

costs of corrective action.

IL

The owner or operator may reduce the amount of the

corrective action cost estimate and the amount of

financial assurance provided under paragraph

(b)

of this section

if the cost estimate exceeds the

maximum remaining costs of corrective action.

The

owner or operator shall notify the Agency that the

justification for the reduction of the corrective

action cost estimate and the amount of financial

assurance has been placed in the operating record.

~

The owner or operator of each MSWLF unit required

to undertake a corrective action program under

Section

811.326

shall

establish,

in

accordance

with Section 811.706, financial assurance for the

most recent corrective action program.

j)..

The owner or operator shall provide continuous

coverage for corrective action until released from

the_financial assurance requirements for

corrective action by demonstrating compliance with

Section 811.326

(f)

and

(g).

BOARD NOTE.

Subsection

(k)

is derived from 40 CFR

258.73

(1992).

Section 811.705

Revision of Cost Estimate

a)

The

owner

or

operator

shall revise the current cost

estimates for closure and postclosure care in each new

application for permit renewal or where a facility

modification results in an increase of the cost

estimate.

U

I

—

U

I

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54

b)

The owner or operator shall review the closure and

postclosure care plans prior to filing a revised cost

estimate

in

order to determine whether they are

consistent with current operations, and the

requirements of this Subchapter.

The owner or operator

shall either certify that the plans are consistent, or

shall

file

an

application

incorporating

new

plans

pursuant to 35 Iii.

Adnt.

Code 813.

c)

The owner or operator shall prepare new closure and

postclosure

cost

estimates

reflecting

current

prices

for the items included in the estimates when submitting

any new application for permit renewal.

The owner or

operator shall

file revised estimates even if the owner

or operator determines that there are no changes in the

prices.

~

The owner or operator of a MSWLF unit shall adlust the

cost estimates of closure, postclosure, and corrective

action for inflation on an annual basis during the

following time period:

31

The active life of the unit for closure

21

The active

life and ~ostclosure care period,

for

postclosure; or

~

until the corrective action program is completed

in accordance with Section 811.326, for corrective

action.

BOARD NOTE.

Subsection

(d)

is derived from 40 CFR

258.71(a)(2)

(1992).

Section

811.706

Mechanisms

for Financial Assurance

~j

The owner or operator of a waste disposal site may

utilize any of the following mechanisms listed

in

subsections

(a) (1) through

(a) (6) to provide financial

assurance for closure and postclosure care,

and for

corrective action at a MSWLF unit.

An owner or

operator of a NSWLF unit shall also meet the

requirements of subsections

(b),

(c) and

(ci).

The

mechanisms are as follows:

e~3~) A trust Fund (Section 811.710);

~2.)

A surety Bond Guaranteeing Payment

(Section

811.711);

e~) A surety Bond Guaranteeing Performance (Section

811.712);

ii

~2-~756

---

55

d~)

A letter of Credit

(Section 811.713);

e5)

Closure Insurance (Section 811.714); or

~)

Self-insurance

(Section

811.715).

~j

The owner or operator of

a MSWLF unit shall ensure that

the language of the mechanisms listed in subsection

(a)

.

when used for providing financial assurance for

closure,

postclosure, and corrective action,

satisfies

the following:

31

The amount of funds assured

is sufficient to cover

the costs of closure, post—closure care,

and

corrective action; and

21

The funds will be

available in a timely fashion

when needed.

gj

The

owner

or

operator

of

a

NSWLF

unit

shall

provide

financial assurance utilizing one or more of the

mechanisms listed in subsection

(a) within the

following dates:

31

BY April

9.

1994

(the effective date of these

requirements) or prior to the initial receipt of

solid waste, whichever is later,

in the case of

closure and post—closure care;

or

21

No later than 120 days after the remedy has been

selected in accordance with the requirements of

Section 811.325,

in the case of corrective action.

The owner or operator shall provide continuous

coverage until the owner or operator is released from

the financial assurance requirements pursuant to 35

Ill.

Adm. Code 813.403(b)

or Section 811.326.

Board Note.

Subsections

(b)

and

(c) are derived from

40 CFR 258.74(1)

(1992).

Section 811.707

Use of Multiple Financial Mechanisms

An owner or operator may satisfy the requirements of this Subpart

by establishing more than one financial mechanism per site.

These mechanisms are limited to trust funds,

surety bonds

guaranteeing payment, letters of credit and insurance.

The

mechanisms must be as specified in 35 Ill. Adm. Code 811.710,

811.711,

811.713 and 811.714, respectively, except that it is the

combination of mechanisms,

rather than the single mechanism,

which must provide financial assurance for an amount at least

C)

1 ~2-Q757

---

56

equal to the current cost estimate.

The owner or operator may

use any or all of the mechanisms to provide for closure and

postclosure

care

of

the

site.

Section 811.708

Use of a Financial Mechanism for Multiple

Sites

An owner or operator may use a financial assurance mechanism

specified in this Subpart to meet the requirements of this

Subpart for more than one site.

Evidence of financial assurance

submitted to the Agency must include a list showing, for each

site,

the name,

address and the amount of funds assured by the

mechanism.

The amount of funds available through the mechanism

must be no less than the sum of funds that would be available if

a separate mechanism had been established and maintained for each

site.

The amount of funds available to the Agency must be

sufficient to close and provide postclosure care for all of the

owner

or

operator’s

sites.

In

directing

funds

available

through

a single mechanism for the closure and postclosure care of any

single site covered by that mechanism, the Agency shall direct

only that amount of funds designated for that site, unless the

owner or operator agrees to the use of additional funds available

under that mechanism.

Section 811.709

Trust Fund for Unrelated Sites

Any person may establish a trust fund for the benefit of the

Agency which may receive funds from more than one owner or

operator for closure of different sites.

Such a trust fund must

operate like the trust fund specified in 35 Ill. Adm. Code

807.710, except as follows:

a)

The trustee shall maintain a separate account for each

site and shall evaluate such annually as of the day of

creation of the trust;

b)

The trustee shall annually notify each owner or

operator and the Agency of the evaluation of each owner

or operator’s account;

C)

The trustee shall release excess funds as required from

the account for each site;

d)

The trustee shall reimburse the owner or operator or

other person authorized to perform closure or

postclosure care only from the account for that site.

e)

The Agency may direct the trustee to withhold payments

only from the account for the site for which it has

determined the cost of closure and postclosure care

will be greater than the value of the account for that

site pursuant to Section 811.710(g) (3).

0~

L:.2-0753

---

57

Section 811.710

Trust Fund

a)

An owner or operator may satisfy the requirements of

this Subpart by establishing a trust fund which

conforms to the requirements of this Section and

submitting an original signed duplicate of the trust

agreement to the Agency.

b)

The trustee shall be an entity which has the authority

to act as a trustee and:

1)

Whose trust operations are examined by the

Illinois Commissioner of Banks and Trust Companies

pursuant to the Illinois Banking Act

(Ill.

Rev.

Stat.

1989,

ch.

17, pars.

301 et seq.); or

2)

Who complies with the Corporate Fiduciary Act

(Ill. Rev. Stat.

1989,

ch.

17,

pars.

1551—1 et

seq.).

c)

The trust agreement must be on the forms specified in

Appendix A,

Illustration

A, and the trust agreement

must be accompanied by a formal certification of

acknowledgment, on the form specified in Appendix A,

Illustration B.

d)

Payments into the trust:

1)

For closure and cost closure care:

*~)

The owner or operator shall make a payment

into the trust fund each year during the pay-

in period.

2-k)

The pay-in period is the number of years

remaining until the assumed closure date.

9~) Annual payments are determined by the

following formula:

Annual payment

=

(CE-CV)/Y

where:

CE

=

Current cost estimate

CV

=

Current value of the trust fund

Y

=

Number of years remaining in the pay in

period.

4-fl)

The owner or operator shall make the first

annual payment prior to the initial receipt

of waste for disposal.

The owner or operator

9

-

fl

75

---

58

shall also,

prior to such initial receipt of

waste, submit to the Agency a receipt from

the trustee for the first annual payment.

5~) Subsequent annual payments must be made no

later than

30 days after each anniversary of

the first payment.

6F)

The owner or operator may accelerate payments

into the trust fund,

or may deposit the full

amount of the current cost estimate at the

time the fund is established.

~7-~)

An owner or operator required to provide

additional

financial

assurance

for

an

increase in the

cost

estimate

because

of

an

amendment to this Subchapter may provide such

additional financial assurance pursuant to

this subsection.

The owner or operator may

provide the increase by contributing to a new

or existing trust fund pursuant to this

Section.

Subsection

(ci) (2)

notwithstanding,

the pay-in period for such additional

financial assurance shall be not less than

three years.

21

For corrective action at MSWLF units:

~j

The owner or operator shall make payments

into the trust fund annually over one—half of

the estimated length of the corrective action

program in the case of corrective action for

known releases.

This period is referred to

as the pay-in period.

~J

The owner or operator shall make the first

payment into the trust fund equal to at least

one—half of the current cost estimate for

corrective action divided by the number of

years in the corrective action pay—in period,

as defined in subsection

(ci) (2) (A) of this

section.

The amount of subsequent payments

must be determined

by the following formula:

Next payment

=

(RB-CV) /Y

where:

RB

=

Most recent estimate of the

required trust fund balance

for corrective action

(i.e.,

C)!

---

59

the

total

costs

that

will

be

incurred during the second

half of the corrective action

period);

CV

=

Current value of the trust

fund; and

L~

Number of years remaining in

the pay-in period.

~

The owner or operator shall make the initial

payment into the trust fund no later than 120

days after the remedy has been selected in

accordance with the requirements of Section

811. 325.

Board Note.

Changes to subsection

(ci)

are

derived from 40 CFR 258.74

(a)(2).

(a)(4),

and (a)(5)

(1992).

e)

The trustee shall evaluate the trust fund annually, as

of the day the trust was created or on such earlier

date as may be provided in the agreement.

The trustee

shall notify the owner or operator and the Agency of

the value within 30 days after the evaluation date.

f)

If the owner or operator of

a MSWLF unit establishes

a

trust fund after having used one or more alternative

mechanisms specified in this Subpart, the initial

payment into the trust fund must be at least the amount

that the fund would contain if the trust fund were

established initially and annual payments made

according to the specifications of this Section.

Board Note.

Subsection

(f)

is derived from 40 CFR

258.74

(a)(6)

(1992).

f-g)

Release of excess funds:

1)

If the value of the financial assurance is greater

than the total amount of the current cost

estimate, the owner or operator may submit a

written request to the Agency for a release of the

amount in excess of the current cost estimate.

2)

Within 60 days after receiving a request from the

owner or operator for a release of funds, the

Agency shall instruct the trustee to the owner or

operator such funds as the Agency specifies in

writing to be in excess of the current cost

estimate.

0 ~2-076

I

---

60

g~) Reimbursement for closure and postclosure care

expenses:

1)

After initiating closure, an owner or operator,

or

any other person authorized to perform closure or

postclosure care, may request reimbursement for

closure or postclosure care expenditures, by

submitting itemized bills to the Agency.

2)

Within 60 days after receiving the itemized bills

for closure or postclosure care activities, the

Agency shall determine whether the expenditures

are in accordance with the closure or postclosure

care plan.

The Agency shall instruct the trustee

to make reimbursement in such amounts as the

Agency

specifies

in

writing

as

expenditures

in

accordance

with

the

closure

or

postclosure

care

plan.

3)

If the Agency determines, based on such

information

as

is

available

to

it,

that

the

cost

of closure and postclosure care will be greater

than the value of the trust fund,

it shall

withhold reimbursement of such amounts as it

determines are necessary to preserve the in order

to accomplish closure and postclosure care until

it determines that the owner or operator is no

longer required to maintain financial assurance

for closure and postclosure care.

In the event

the fund is inadequate to pay all claims, the

Agency shall pay claims according to the following

priorities:

A)

Persons with whom the Agency has contracted

to perform closure or postclosure care

activities

(first priority);

B)

Persons

who

have

completed

closure

or

postclosure

care

authorized

by the Agency

(second priority);

C)

Persons who have completed work which

furthered the closure or postclosure care

(third priority);

D)

The owner or operator and related business

entities

(last priority).

Section 811~.711

Surety Bond Guaranteeing Payment

a)

An owner or operator may satisfy the requirements of

this Subpart by obtaining a surety bond which conforms

cit ~2-0762

---

61

to the requirements of this Section and submitting the

bond to the Agency. A surety bond obtained by an owner

or operator of

a MSWLF unit must be effective before

the initial receipt of waste or before April

9,

1994

(the effective date of the financial assurance

requirements under RCRA Subtitle D regulations),

whichever is later,

in the case of closure and

post—closure

care,

or

no

later

than

120

days

after

the

remedy has been selected in accordance with the

requirements of Section 811.325.

b)

The surety company issuing the bond shall be licensed

by the Illinois Department of Insurance pursuant to the

Illinois Insurance Code (Ill.

Rev.

Stat.

1989,

ch.

73,

pars. 613 et seq.).

c)

The surety bond must be on the forms specified in

Appendix A, Illustration

C,

D or H.

ci)

Any payments made under the bond will be placed in the

landfill closure and postclosure fund within the State

Treasury.

e)

Conditions:

1)

The bond must guarantee that the owner or operator

will provide closure and postclosure care in

accordance with the approved closure and

postclosure care plans.

If the facility is a

MSWLF

unit,

then the bond must also ~uarantee that

the owner or operator will implement corrective

action in accordance with Section 811.326.

2)

The surety will become liable on the bond

obligation when, during the term of the bond, the

owner or operator fails to perform as guaranteed

by the bond.

The owner or operator fails to

perform when the owner or operator:

A)

Abandons

the site;

B)

Is adjudicated bankrupt;

C)

Fails to initiate closure of the site or

postclosure care when ordered to do so by the

Board pursuant to Title VII of the Act, or

when ordered to do so by a court of competent

jurisdiction; e~

D)

Notifies the Agency that it has initiated

closure,

or initiates closure, but fails to

close the site or provide postclosure care in

U 11.2-0763

---

62

accordance with the closure and postclosure

care plans--;

or

flj...

Fails to implement corrective action at a

MSWLF unit in accordance with Section 811.326

f)

Penal sum:

1)

The penal sum of the bond must be in an amount at

least equal to the current cost estimate.

2)

The Agency shall approve

a reduction in the penal

sum whenever the current cost estimate decreases.

g)

Term:

1)

The bond must be issued for a term of at least

five years and must not be cancelable during that

term.

2)

If the owner or operator fails to provide

substitute financial assurance prior to expiration

of

a bond,

the term of the bond must be

automatically extended for one twelve—month period

starting with the date of expiration of the bond.

During such extension the bond will cease to serve

as financial assurance satisfying the requirements

of this Part,

and will not excuse the owner or

operator from the duty to provide substitute

financial assurance.

3)

The Agency shall release the surety if, after the

surety becomes liable on the bond, the owner or

operator or another person provides financial

assurance for closure and postclosure care of the

site or corrective action at a MSWLF unit,

unless

the Agency determines that the closure or

postclosure care plan,

corrective action program

at

a MSWLF unit,

or the amount of substituted

financial assurance is inadequate to provide

closure and postclosure care or implement

corrective action in compliance with this Part.

h)

Cure of default and refunds:

1)

The Agency shall release the surety if, after the

surety becomes liable on the bond,

the owner or

operator or another person provides financial

assurance for closure and postclosure care of the

site or corrective action at a MSWLF unit, unless

the Agency determines that the closure or

postclosure care plan, corrective action at a

OIL~2.-O76~

---

63

MSWLF unit or the amount of substituted financial

assurance is inadequate to provide closure and

postclosure care or implement corrective action in

compliance with this Part.

2)

After closure and postclosure care have been

completed in accordance with the plans and

requirements of this Part or after the completion

of corrective action at a MSWLF unit in accordance

Section 811.326, the Agency shall refund any

unspent money which was paid to the Agency by the

surety.

Board Note.

corrective Action language at

subsection

(a)

is derived from 40 CFR 258.74(b) (1)

(1992). The other clarifying changes reflect the

inclusion of financial assurance requirements for

implementing corrective action at MSWLF units

under this Section.

Section 811.712

Surety Bond Guaranteeing Performance

a)

An owner or operator may satisfy the requirements of

this Subpart by obtaining a surety bond which conforms

to the requirements of this Section and submitting the

bond to the Agency.

A surety bond obtained by an

owner or operator of a MSWLF unit must be effective

before the initial receipt of waste or before April

9,

1994

(the effective date of the financial assurance

requirements under

RCRA

Subtitle D regulations),

whichever is later,

in the case of closure and

post—closure care,

or no later than 120 days after the

remedy has been selected

in accordance with the

requirements of Section 811.325.

b)

The surety company issuing the bond shall be licensed

by the Illinois Department of Insurance pursuant to the

Illinois Insurance Code.

c)

The surety bond must be on the forms as specified in

Appendix A, Illustration C,

D or H.

d)

Any

payments made under the bond will be placed in the

landfill closure and postclosure fund within the State

Treasury.

e)

Conditions:

1)

The bond must guarantee that the owner or operator

will provide closure and postclosure care in

accordance with the closure and postclosure care

~:-2O765

---

64

plans in the permit.

If the facility is a MSWLF

unit, then the bond must also guarantee that the

owner or operator will implement corrective action

in accordance with Section 811.326.

The surety

shall have the option of providing closure and

postclosure care in accordance with thc closure

and postclosure care plans and carrying out

corrective action,

or of paying the penal sum.

2)

The surety will become liable on the bond

obligation when,

during the term of the bond,

the

owner or operator fails to perform as guaranteed

by the bond.

The owner or operator fails to

perform when the owner or operator:

A)

Abandons the site;

B)

Is adjudicated bankrupt;

C)

Fails to initiate closure of the site or

postclosure care when ordered to do so by the

Board pursuant to Title VII of the Act,

or

when ordered to do so by a court of competent

jurisdiction;

or

D)

Notifies the Agency that it has initiated

closure, or initiates closure, but fails to

close the site or provide postclosure care in

accordance with the closure and postclosure

care plans.

~j

Fails to implement corrective action at a

MSWLF unit in accordance with Section 811.326

f)

Penal sum:

1)

The penal sum of the bond must be in an amount at

least equal to the current cost estimate.

2)

The Agency shall approve a reduction in the penal

sum whenever the current cost estimate decreases.

g)

Term:

1)

The bond must be issued for a term of at least

five years and must not be cancelable during that

term.

2)

If the owner or operator fails to provide

substitute financial assurance prior to expiration

of a bond, the term of the bond must be

automatically extended for one twelve—month period

(

U /

---

65

starting with the date of expiration of the bond.

During such extension, the bond will cease to

serve as financial assurance satisfying the

requirements of this Part,

and will not excuse the

owner or operator from the duty to provide

substitute financial assurance.

h)

Cure of default and refunds:

1)

The Agency shall release the surety if, after the

surety becomes liable on the bond, the owner or

operator or another person provides financial

assurance for closure and postclosure care of the

site or corrective action at a MSWLF unit, unless

the Agency determines that the closure or

postclosure care plan, corrective action at a

MSWLF unit,

or the amount of substituted financial

assurance is inadequate to provide closure and

postclosure care or implement corrective action at

a MSWLf unit in compliance with this Part.

2)

After closure and postclosure care have been

completed in accordance with the closure and

postclosure care plans and the requirements of

this Part or after the completion

of corrective

action at a MSWLF unit in accordance with Section

811.326, the Agency shall refund any unspent money

which was paid to the Agency by the surety.

i)

The surety will not be liable for deficiencies in the

performance of closure by the owner or operator after

the Agency releases the owner or operator from the

requirements of this Subpart.

Board Note.

MSWLF corrective action language at

subsection

(a)

is derived from 40 CFR 258.74

(b) (1)

(1992).

The other clarifying changes reflect the

inclusion of financial assurance requirements for

implementing corrective action at MSWLF units under

this Section.

Section 811.713

Letter of Credit

a)

An owner or operator may satisfy the requirements of

this Subpart by obtaining an irrevocable standby letter

of credit which conforms to the requirements of this

Section and submitting the letter to the Agency.

~

letter of credit obtained by an owner or operator of

a

MSWLF unit must be effective before the initial receipt

of waste or before April

9.

1994

(the effective date of

the financial assurance requirements under RCPA

Subtitle D regulations), whichever is later,

in the

-

—

1

—

‘.1

---

66

case of closure and post—closure care,

or no later than

120 days after the remedy has been selected in

accordance with the requirements of Section 811.325.

b)

The issuing institution shall be an entity which has

the authority to issue letters of credit and:

1)

Whose letter-of-credit operations are regulated by

the Illinois Commissioner of Banks and Trust

Companies;

or,

2)

Whose deposits are insured by the Federal Deposit

Insurance Corporation or the Federal Savings and

Loan Insurance Corporation.

c)

Forms:

1)

The letter of credit must be on the forms

specified in Appendix A, Illustration E.

2)

The letter of credit must be accompanied by a

letter from the owner or operator, referring to

the letter of credit by number, issuing

institution and date,

and providing the following

information:

name and address of the site and the

amount of funds assured for closure and

postclosure care of the site, and for corrective

action at a NSWLF unit by the letter of credit.

ci)

Any amounts drawn by the Agency pursuant to the letter

of credit will be deposited in the landfill closure and

postclosure fund within the State Treasury.

e)

Conditions on which the Agency may draw on the letter

of credit:

1)

The Agency shall draw on the letter of credit if

the owner or operator fails to perform closure or

postclosure care in accordance with the closure

and postclosure care plans.

or fails to implement

corrective action at a MSWLF unit in accordance

with Section 811.326.

2)

The Agency shall draw on the letter of credit when

the owner or operator:

A)

Abandons the site;

B)

Is adjudicated bankrupt;

C)

Fails to initiate closure of the site or

postclosure care when ordered to do so by the

0

!:.2-0768

---

67

Board pursuant to Title VII of the Act, or

when ordered to do so by a court of competent

jurisdiction; or

D)

Notifies the Agency that it has initiated

closure,

or initiates closure,

but fails to

provide closure and postclosure care in

accordance with the closure and postclosure

care plans.

~j

Fails to implement corrective action at a

MSWLF unit in accordance with Section 811.326

f)

Amount:

1)

The letter of credit must be issued in an amount

at least equal to the current cost estimate.

2)

The Agency shall approve a reduction in the amount

whenever the current cost estimate decreases.

g)

Term:

1)

The letter of credit must be issued for a term of

at least five years and must be irrevocable during

that term.

2)

If the owner or operator fails to substitute

alternative financial assurance prior to

expiration of a letter of credit, the term of the

letter of credit must be automatically extended

for one twelve-month period starting with the date

of expiration.

During such extension, the letter

of credit will cease to serve as financial

assurance satisfying the requirements of this

Part, and will not excuse the owner or operator

from the duty to provide substitute financial

assurance.

h)

Cure of default and refunds:

1)

The Agency shall release the financial institution

if, after the Agency is allowed to draw on the

letter of credit,

the owner or operator or another

person provides financial assurance for closure

and postclosure care of the site or corrective

action at a MSWLF unit, unless the Agency

determines that a plan or the amount of

substituted financial assurance is inadequate to

provide closure and postclosure care, or implement

corrective action at

a MSWLF unit,

as required by

this Part.

0 !2-0769

---

68

2)

After closure and postclosure care have been

completed in accordance with the closure and

postclosure care plans and the requirements of

this Part or after the completion of corrective

action at a MSWLF unit in accordance with Section

811.326, the Agency shall refund any unspent money

which was paid to the Agency by the financial

institution.

Board Note.

MSWLF corrective action language at

subsection

(a)

is derived from 40 CFR 258.74

(c) (1)

(1992).

The other clarifying chanqes

reflect the inclusion of financial assurance

requirements for implementing corrective action at

MSWLF units under this Section.

Section 811.714

Closure Insurance

a)

An owner or operator may satisfy the requirements of

this Subpart by obtaining closure and postclosure care

insurance which conforms to the requirements of this

Section and submitting an executed duplicate original

of such insurance policy to the Agency.

b)

The insurer shall be licensed to transact the business

of insurance by the Illinois Department of Insurance

pursuant to the Illinois Insurance Code.

c)

The policy must be on forms approved by the Illinois

Department of Insurance pursuant to the Illinois

Insurance Code.

ci)

Face amount:

1)

The closure and postclosure care insurance policy

must be issued for a face amount at least equal to

the current cost estimate.

The term “face amount”

means the total amount the insurer is obligated to

pay under the policy.

Actual payments by the

insurer will not change the face amount, although

the insurer’s future liability will be lowered by

the amount of the payments.

2)

The Agency shall approve a reduction in the amount

of the policy whenever the current cost estimate

decreases.

e)

The closure and postclosure care insurance policy must

guarantee that funds will be available to close the

site and to provide postclosure care thereafter.

The

policy must also guarantee that, once closure begins,

the insurer will be responsible for paying out funds,

01

~2-O77O

---

69

up to an amount equal to the face amount of the policy,

upon the direction of the Agency to such party or

parties as the Agency specifies.

The insurer will be

liable when:

1)

The owner or operator abandons the site;

2)

The owner or operator is adjudicated bankrupt;

3)

The Board, pursuant to Title VIII of the Act, or a

court of competent jurisdiction orders the site

closed;

4)

The owner or operator notifies the Agency that it

is initiating closure; or

5)

Any person initiates closure with approval of the

Agency.

f)

Reimbursement for closure and postclosure care

expenses:

1)

After initiating closure, an owner or operator or

any other person authorized to perform closure or

postclosure care may request reimbursement for

closure and postclosure care expenditures by

submitting itemized bills to the Agency.

2)

Within 60 days after receiving bills for closure

or postclosure care activities, the Agency shall

determine whether the expenditures are in

accordance with the closure or postclosure care

plan.

The Agency shall direct the insurer to make

reimbursement in such amounts as the Agency

specifies in writing as expenditures in accordance

with the closure and postclosure care plans.

3)

If the Agency determines based on such information

as is available to it that the cost of closure and

postclosure care will be greater than the face

amount of the policy,

it shall withhold

reimbursement of such amounts as it deems prudent

until it determines that the owner or operator is

no longer required to maintain financial

assurance.

In the event the face amount of the

policy is inadequate to pay- all claims, the Agency

shall pay claims according to the following

priorities:

A)

Persons with whom the Agency has contracted

to perform closure or postclosure care

activities

(first. priority);

—

U

---

70

B)

Persons who have completed closure or

postclosure care authorized by the Agency

(second priority);

C)

Persons who have completed work which

furthered the closure or postclosure care

(third priority);

D)

The owner or operator and related business

entities (last priority).

g)

Cancellation:

1)

The owner or operator shall maintain the policy in

full force and effect until the Agency releases

the insurer pursuant to Section 811.702.

2)

The policy must provide that the insurer may not

cancel, terminate or fail to renew the policy,

except for failure to pay the premium.

The

automatic renewal of the policy must,

at a

minimum, provide the insured with the option of

renewal at the face amount of the expiring policy.

If there is a failure to pay the premium, the

insurer may elect to cancel, terminate or fail to

renew the policy by sending notice by certified

mail to the owner or operator and the Agency.

Cancellation, termination or failure to renew may

not occur, however, during the 120 days beginning

with the date of receipt of the notice by both the

Agency and the owner or operator,

as evidenced by

the return receipts.

Cancellation, termination or

failure to renew may not occur and the policy will

remain in full force and effect in the event that

on or before the date of expiration the premium

due

is paid.

h)

Each policy must contain a provision allowing

assignment of the policy to a successor owner or

operator.

Such assignment may be conditional upon

consent of the insurer, provided such consent is not

unreasonably refused.

Section 811.715

Self-Insurance for Non-commercial Sites

a)

Definitions.

The following definitions are intended to

assist in the understanding of this Part and are not

intended to limit the meanings of terms in any way that

conflicts with generally accepted accounting

principles:

“Assets” means all existing and all probable

0

!~2-0772

---

71

future economic benefits obtained or controlled by

a particular entity.

“Current assets” means cash or other assets or

resources commonly identified as those which are

reasonably expected to be realized in cash or sold

or consumed during the normal operating cycle of

the business.

“Current liabilities” means obligations whose

liquidation is reasonably expected to require the

use of existing resources properly classifiable as

current assets or the creation of other current

liabilities.

“Generally accepted accounting principles” means

Auditing Standards--Current Text,

incorporated by

reference at 35 Ill. Adm Code 810.104.

“Gross Revenue” means total receipts less returns

and allowances.

“Independently audited” refers to an audit

performed by an independent certified public

accountant in accordance with generally accepted

auditing standards.

“Liabilities” means probable future sacrifices of

economic benefits arising from present obligations

to transfer assets or provide services to other

entities in the future as a result of past

transactions or events.

“Net working capital” means current assets minus

current liabilities.

“Net worth” means total assets minus total

liabilities and is equivalent to owner’s equity.

“Tangible net worth” means tangible assets less

liabilities; tangible assets do not include

intangibles such as goodwill and rights to patents

or royalties.

b)

Information to be Filed

An owner or operator may satisfy the financial

assurance requirements of this Part by providing the

following:

1)

Bond without surety promising to pay the cost

estimate (subsection

(c)).

r,~I~or~

U~t~--U

---

72

2)

Proof that the owner or operator meets the gross

revenue test (subsection

(d)).

3)

Proof that the owner or operator meets the

financial test (subsection

(e)).

C)

Bond Without Surety.

An owner or operator utilizing

self—insurance shall provide a bond without surety on

the forms specified in Appendix A, Illustration G.

The

owner or operator shall promise to pay the current cost

estimate to the Agency unless the owner or operator

provides closure and postclosure care in accordance

with the closure and postclosure care plans.

ci)

Gross Revenue Test.

The owner or operator shall

demonstrate that less than one-half of its gross

revenues are derived from waste disposal operations.

Revenue is “from waste disposal operations” if it would

stop upon cessation of the owner or operator’s waste

disposal operations.

e)

Financial Test

1)

To pass the financial test,

the owner or operator

shall meet the criteria of either subsection

(e) (1) (A)

or

(e) (1) (B):

A)

The owner or operator shall have:

1)

Two of the following three ratios:

a

ratio of total liabilities to net worth

of less than 2.0;

a ratio of the sum of

net income plus depreciation, depletion

and amortization to total liabilities of

greater than 0.1; or a ratio of current

assets to current liabilities of greater

than 1.5; and

ii)

Net working capital and tangible net

worth each at least six times the

current cost estimate; and

iii) Tangible net worth of at least $10

million; and

iv)

Assets in the United States amounting to

at least 90 percent of the owner or

operator’s total assets and at least six

times the current cost estimate.

B)

The owner or operator shall have:

01 1~.2-077’~

---

73

i)

A current rating of AAA, AA, A or BBB

for its most recent bond issuance as

issued by Standard and Poor, or a rating

of Aaa, Aa, A or Baa, as issued by

Moody; and

ii)

Tangible net worth at least six times

the current cost estimate; and

iii) Tangible net worth of at least $10

million;

and

iv)

Assets located in the United States

amounting to at least 90 percent of its

total assets or at least six times the

current cost estimate.

2)

To demonstrate that it meets this test,

the owner

or operator shall submit the following items to

the Agency:

A)

A letter signed by the owner or operator’s

chief financial officer and worded as

specified in Appendix A, Illustration I;

arid

B)

A copy of the independent certified public

accountant’s report on examination of the

owner or operator’s financial statements for

the latest completed fiscal year;

and

C)

A special report from the owner or operator’s

independent certified public accountant to

the owner or operator stating that:

i)

The accountant has compared the data

which the letter from the chief

financial officer specifies as having

been derived from the independently

audited, year—end financial statements

for the latest fiscal year with the

amounts in such financial statements;

and

ii)

In connection with that procedure, no

matters came to the accountant’s

attention which caused the accountant to

believe that the specified data should

be adjusted.

f)

Updated Information.

1)

After the initial submission of items specified in

---

74

subsections

(ci) and

(e), the owner or operator

shall send updated information to the Agency

within 90 days after the close of each succeeding

fiscal year.

2)

If the owner or operator no longer meets the

requirements of subsections

(d) and

(e), the owner

or operator shall send notice to the Agency of

intent to establish alternative financial

assurance.

The notice must be sent by certified

mail within 90 days after the end of the fiscal

year for which the year-end financial data show

that the owner or operator no longer meets the

requirements.

g)

Qualified Opinions.

If the opinion required by

subsections

(e) (2) (B) and

(e) (2) (C)

includes an adverse

opinion or a disclaimer of opinion, the Agency shall

disallow the use of self—insurance.

If the opinion

includes other qualifications, the Agency shall

disallow the use of self—insurance if:

1)

The qualifications relate to the numbers which are

used in the gross revenue test or the financial

test;

and,

2)

In light of the qualifications, the owner or

operator has failed to demonstrate that it meets

the gross revenue test or financial test.

h)

Parent Corporation.

An owner or operator may satisfy

the financial assurance requirements of this Part by

demonstrating that a corporation which owns an interest

in the owner or operator meets the gross revenue and

financial tests.

The owner or operator shall also

provide a bond with the parent as surety (Appendix A,

Illustration H).

~~~~_O776

---

75

Section 811.Appendix B

Section-by—Section correlation between

the Standards of the RCRA Subtitle D

MSWLF regulations and the Board’s

nonhazardous waste landfill regulations.

RCRA

SUBTITLE D REGULATIONS

ILLINOIS LANDFILL REGULATIONS

k

SUBPART A:

General

fl

Purpose.

Scoie,

and Applicability (40

CFR

fl

NL’:

Sections

811.101. 811.301. 811.401.

258.1)

811.501.

and

811.700.

EL2:

Section

814.101.

2)

Definitions (40 CFR 258.2)

2)

Section

810.103.

IL

SUBPART

B:

Location Restrictions

fl

Airport

safety (40 CFR 258.10)

j)

NL:

Section

811.302(e).

EL:

Section

814.302(c)

and

814.402(c).

Floodplains.

(40 CFR 258.11)

2)

NL:

Section

811.102(b).

EL:

Section

814.302

and

814.402.

~)

Wetlands. (40 CFR 258.12)

~)

NL: Sections 811.102(d).

811.102(e).

and

811.103.

EL: Section 814.302

and

814.402.

4)

Fault areas.

(40 CFR 258.13)

4~)

NL:

Sections

811.304

and

811.305. EL:

Section

814.302

and

814.402.

Seismic

impact

zones.

(40 CFR 258.14)

~)

Unstable areas.

(40 CFR 258.15)

~)

NL:

Sections 811.304

and

811.305.

EL:

Sections 811.302(c)

and

811.402(c).

fl

Closure of existing MSWL

units.

(40 CFR

2)

EL:

Sections 814.301

and

8 14.401.

ifi.

SUBPART

C:

Operating Criteria

fl

Procedures

for excluding the receipt of

fl

NL: Section 811.323.

EL: Sections 814.302

hazardous

waste.

(40 CFR 258.20)

and

814.402.

2)

Cover material

reQuirements.

(40 CFR

2)

NL:

Section

811.106.

EL:

Sections 8 14.302

258.21)

and

814.402

1

-

NL: New Landfill:

2

-

EL:

Existing Landfill

and

Lateral

Expansions.

0

R.~-O777

---

76

RCRA

SUBTITLE D REGULATIONS

ILLINOIS

LANDFILL

REGULATIONS

ILL.

SUBPART

C:

Operating criteria (contd.)

~)

Disease

vector control.

(40 CFR 258.22)

4)

Explosive

gas

control.

(40 CFR 258.23)

~)

Air criteria.

(40 CFR 258.24)

~)

Access requirements.

(40 CFR 258.25)

2)

Run-on/run-off

control

system.

(40 CFR

258.26)

~)

NL:

Section 811.107(i).

EL:

Sections

4)

814.302

and

814.402

EL:

Sections 814.302

and

814,402

~)

NL:

Sections

811.107(b). 811.310.

and

811.311.

EL:

Sections

814.302

and

814.402.

~)

NL:

Section

811.109.

EL:

Sections 814.302

and

8 14.402.

2)

NL:

Section

811.103.

EL:

Sections 814.302

and

814.402.

same

as above.

~)

Surface water

requirements.

(40 CFR 258.27)

813.

EL: Sections 814.302

and

814.402.

0

L:.2-0778

9)

IQ)

IV.

Liquids restrictions.

(40 CFR 258.28)

Recordkeeping requirements.

(40 CFR

258.29)

SUBPART D:

Design

criteria

(40

CFR

9)

NL:

Section

811.107(m).

EL:

Sections

8 14.302

and 8 14.402.

112)

NL:

Sections 811.112.

and

Parts 812 and

258.40)

V.

SUBPART E:

Groundwater

Monitoring

and

Corrective

Action

J.)

Applicability.

2)

Groundwater monitoring systems.

(40

CFR

258.511

~)

Groundwater

sampling

and

analysis.

(40 CFR

258.531

~)

NL: 811.303, 811.304. 811.305, 811.306.

811.307, 811.308,

811.309. 811.315.

811.316. 811.317. and 811.Subpart E.

EL: Sections 814.302

and

814.402.

fl

NL: 35 Section 811.319(a)(1’). EL: Sections

814.302

and

8 14.402.

2)

NL:

Sections 811.318

and

811.320(d).

EL:

Sections 814.302

and

814.402.

~)

NL: Section 811.318(e). 811.320(d).

811.320(e).

EL:

Sections

814.302

and

814.402.

---

77

RCRA SUBTITLE D REGULATIONS

ILLINOIS

LANDFILL

REGULATIONS

4)

Detection

monitoring program.

(40 CFR

4)

NL:

Section

811.319(a).

EL:

Sections

258.54)

814.302

and

814.402.

~)

Assessment monitoring

program.

(40 CFR

~)

NL:

Section

811.319(b).

EL:

Sections

258.55)

814.302

and

814.402.

~)

Assessment

of

corrective measures.

(40 CFR

~)

NL: Sections 811.319(d)

and

811.324.

258.56)

EL:

Sections

814.302

and

814.402.

2)

Selection of remedy. (40

CFR 258.57)

2)

NL: Sections 811.319(d)

and

811.325.

EL:

Sections

814.302 and

814.402.

~.)

Implementation of the corrective action

~)

NL:

Sections 811.319(d)

and

811.325.

program. (40CFR 258.58)

EL: Sections 814.302

and

814.402.

VI.

SUBPART

F:

Closure and Post-Closure

Care

fl

Closure

criteria.

(40 CFR

258.60)

fl

NL: Sections 811.110. 811.315

and

811.322.

EL: Sections 814.302

and

814.402.

2)

Post-closure care requirements. (40 CFR

2)

NL: Section 811.111.

EL: Sections 814.302.

258.61)

and

814.402.

IlL

SUBPART

G:

Finandal

Assurance

Criteria

j,)

Applicability

and

effective

date.

(40

CFR

fl

NL: Section

811.700.

EL: Sections 814.302

258.70)

and 814.402.

2)

Financial

assurance

for closure. (40 CFR

2, 3

and

4)

258.71)

NL: Sections 811.701 through 811.705.

~)

Financial assurance for post-closure.

(40 CFR

EL:

Sections

814.302

and

814.402.

258.72)

4)

Financial

assurance for corrective action.

(40

CFR 258.73)

~)

Allowablemechanisms.

(40

CFR 258.73)

~

NL:

Section

811.706

through

811.715.

EL:

Sections 814.302

and

814.402.

---

78

TITLE

35:

ENVIRONMENTAL PROTECTION

SUBTITLE

G:

WASTE DISPOSAL

CHAPTER

I:

POLLUTION

CONTROL

BOARD

SUBCHAPTER

1:

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART

814

STANDARDS

FOR EXISTING LANDFILLS

AND

UNITS

SUBPART

A:

GENERAL

REQUIREMENTS

Section

814.101

Scope

and

Applicability

814.102

Compliance

Date

814.103

Notification

to

Agency

814.104

Applications for Significant Modification of Permits

814.105

Effect of Timely Filing of Notification and Application

for Significant Modification

814.106

Agency Action on Applications for Significant

Modifications

to

Existing

Permits

814.107

Interim Permit Requirements for Existing MSWLF Units

814.108

Permit Requirements for Lateral Expansions at Existing

MSWLF

Units

SUBPART B:

STANDARDS FOR UNITS ACCEPTING INERT WASTE

Section

814.201

Scope

and

Applicability

814.202

Applicable

Standards

SUBPART C:

STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL

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

AUTHORITY:

Implementing Sections 5,

21,

21.1,

22, 22.17 and

28.1,

and

authorized

by

Section

27

of

the

Environmental

Protection

Act

(Ill.

Rev.

Stat.

1989,

ch.

111

1/2,

pars.

1005,

1021,

1021.1,

1022,

1022.17,

1028.1

and

1027).

SOURCE:

Adopted

in

R88—7

at

14

Ill.

Reg.

,

effective

U

---

79

NOTE:

Capitalization indicates statutory language.

SUBPART A:

GENERAL REQUIREMENTS

Section 814.101

Scope and Applicability

a)

This Part establishes the standards applicable to all

existing landfill facilities, which includes existing

facilities that are not considered to be new as defined

at 35 Ill.

Adin.

Code 810.103.

The existing landfill

facilities covered by this Part include existing MSWLF

units and lateral expansions.

as defined at 35 Ill.

Adin.

Code 810.103

This Part establishes requirements

for both new and existing disposal units within such

existing landfill facilities.

Landfill owners or

operators are required to determine the date on which

their facilities must begin closure, which is dependent

upon the ability of existing units to meet the design

and performance standards contained in this Part.

b)

The requirements of Sections 814.104,

814.105 and

814.106 of this Subpart apply only to those landfill

facilities identified as existing facilities in

subsection

(a), other than lateral expansions at

existing MSWLF units, and which require an Agency

issued permit.

The permit requirements for lateral

expansions are specified at Section 814.108.

C)

In addition to requirements identified in subsection

(b), existing MSWLF units shall comply with the interim

permit requirements of Section 814.107.

ed)

All general provisions of 35 Ill.

Adin. Code 810 apply

to this Part.

Section 814.102

Compliance Date

Unless otherwise expressly provided in Section 814.105, all

landfills with existing units shall comply with the requirements

of this Part within six months of the effective date of this

Part.

Notwithstanding the reciuirements of Section 814.105. All

existing MSWLF units and lateral expansions shall comply with the

applicable requirements of this Part on or before October 9

1993.

A

U

---

80

Section 814.103

Notification to Agency

No later than six months after the effective date of this Part,

all owners or operators shall send notification to the Agency

describing the facility, estimated date of closure of existing

units, and whether the facility is subject to the requirements of

Subpart

B, Subpart C, Subpart D, or Subpart

E.

Section 814.104

Applications for Significant Modification of

Permits

a)

All owners or operators of landfills permitted pursuant

to Section 21(d)

of the Environmental Protection Act

(Act)

(Ill.

Rev.

Stat.

1989,

ch.

111 1/2, par 1021(d))

shall file an application for a significant

modification to their permits for existing units,

unless the units will be closed pursuant to Subpart E

within two years of the effective date of this Part.

b)

The owner or operator of an existing unit shall submit

information required by 35 Ill. Adm. Code 812 to

demonstrate compliance with Subpart B, Subpart C or

Subpart

D, whichever is applicable.

c)

The application shall be filed within 48 months of the

effective date of this Part,

or at such earlier time as

the Agency shall specify in writing pursuant to 35 Ill.

Adm.Code 807.209 or 813.201(b).

d)

The application shall be made pursuant to the

procedures of 35 Ill.

Adra.

Code 813.

Section 814.105

Effect of Timely Filing of Notification and

Application for Significant Modification

a)

Permits issued pursuant to 35 Ill. Adm. Code 807 prior

to the effective date of this Part remain in full force

and effect until superseded by a permit issued pursuant

to this Part or until revoked as

a result of an

enforcement action brought pursuant to Title VIII of

the Act.

b)

An owner or operator who has timely filed a

notification pursuant to Section 814.103 and an

application for significant permit modification

pursuant to Section 814.104 shall continue operation

under the terms of its existing permits until final

determination by the Agency on its application and any

subsequent appeal to the Board pursuant to Section 40

of the Act.

During this time, the owner or operator

will be deemed to be in compliance with all

requirements of this Part.

4_i

~7(’~

U

~.

-

U

I U

---

81

Section 814.107

Permit Reguirements for Existing MSWLF Units

~

EXCEPT FOR A LATERAL EXPANSION OF AN EXISTING MSWLF

UNIT

REQUIRED

TO RECEIVE A PERMIT MODIFICATION

UNDER

SECTION 21(t)

OF THE ACT,

BY SEPT~ENBER1,

1993. OR

WITHIN 30 DAYS FOLLOWING THE EFFECTIVE DATE OF P.A.

88-

@~@(@Date,

1993),

WHICHEVER

OCCURS

FIRST,

THE

OWNER

OR

OPERATOR

OF

AN

EXISTING

NSWLF

UNIT

SHALL

SUBMIT

TO

THE

AGENCY

A

WRITTEN APPLICATION FOR

A

PERMIT

(IF

NO

PERMIT

HAS

BEEN

ISSUED

UNDER

SECTION

21(d)

OF

THE

ACT)

OR

A

PERMIT MODIFICATION

(IF A

PERMIT

J!AS BEEN ISSUED UNDER

SECTION 21(d)

OF

THE

ACT)

ON

FORMS

PRESCRIBED

AND

PROVIDED BY THE AGENCY.

~j

PERSONS

WHO

SUBMIT AN APPLICATION FOR A PERMIT OR

PERMIT

MODIFICATION

UNDER

SUBSECTION

(a) AND SECTION

22.42(a)

OF

THE

ACT

SHALL

BE

DEEMED

TO

HAVE

AN

INTERIM

PERMIT

OR

INTERIM

PERMIT

MODIFICATION

ON

OCTOBER

9,

1993,

OR

30

CALENDAR

DAYS

AFTER

THE

AGENCY

RECEIVES

THE

APPLICATION UNDER SUBSECTION

(a) ABOVE

AND

SECTION

22.42(a)

OF

THE

ACT,

WHICHEVER

OCCURS FIRST, EXCEPT

THAT:

fl~

THE AGENCY

MAY IMPOSE SUCH CONDITIONS TO

THE

INTERIM PERMIT OR INTERIM PERMIT MODIFICATION

LAW

AS

MAY

BE NECESSARY TO ACCOMPLISH THE PURPOSES OF

THE ACT AND AS ARE NOT INCONSISTENT WITH THE

REGULATIONS DESCRIBED IN SECTION 22.41OF THE ACT.

,~j

NO INTERIM PERMLT OR INTERIM PERMIT MODIFICATION

SHALL BE DEEMED ISSUED UNDER THIS SUBSECTION

AND

SUBSECTION 22.42(b) OF THE ACT IF THE AGENCY

PROVIDES WRITTEN NOTIFICATION TO THE APPLICANT.

BY

OCTOBER

1.

1993 OR WITHIN 30 CALENDAR DAYS AFTER

THE AGENCY RECEIVES THE APPLICATION UNDER THIS

SECTION. WHICHEVER OCCURS FIRST,

THAT:

~j

THE

APPLICATION

IS

INCOMPLETE;

OR

~j.

THE APPLICANT MUST SUBMIT AN APPLICATION FOR

A LATERAL EXPANSION PURSUANT TO SECTION 21(t)

OF

THE

ACT.

~j

AN

INTERIM

PERMIT

OR

AN

INTERIM

PERMIT

MODIFICATION

DEEMED ISSUED UNDER THIS SECTION AND SECTION 22.42 OF

THE ACT TO AN EXISTING MSWLF UNIT SHALL EXPIRE UPON

THE

OCCURRENCE OF THE FOLLOWING,

WHICHEVER OCCURS FIRST~

.jj..

SIX CALENDAR YEARS FROM

THE

DATE

UPON

WHICH

THE

INTERIM PERMIT OR INTERIM PERMIT MODIFICATION WAS

DEEMED

TO

BE

ISSUED

UNDER

THIS SECTION

AND SECTION

~

L~.2-Q733

---

82

22.42

OF

THE

ACT,

EXCEPT

THAT

IN

THE

EVENT

THAT

THE

AGENCY

IS

REVIEWING

AN APPLICATION FOR A

PERMIT

OR

A

SIGNIFICANT

MODIFICATION

OF

A

PERMIT

FOR

THE

MSWLF

UNIT,

OR

IN

THE

EVENT

THAT

A

BOARD

REVIEW

OF

A

PERMIT

DENIAL

OR CONDITIONS OF A

PERMIT

OR SIGNIFICANT MODIFICATION OF THE PERMIT

FOR

THE

MSWLF

UNIT

PURSUANT

TO

SECTION

40

OR

41

OF

THE

ACT

IS

PENDING

AT

THE

END

OF

6 CALENDAR YEAR

PERIOD,

THE

INTERIM

PERMIT

OR

INTERIM

PERMIT

MODIFICATION

SHALL

EXPIRE

UPON

THE

ISSUANCE

OF

THE

AGENCY’S FINAL ACTION ON THE APPLICATION OR UPON

THE CONCLUSION OF THE BOARD PROCEEDING UNDER

SECTIONS 40 OR 41 OF THE ACT, INCLUDING THE

EXHAUSTION OF ALL RIGHTS OF APPEAL OF THE PARTIES

TO THE PROCEEDING.

21

FINAL ACTION BY THE AGENCY

ON

AN

APPLICATION

FOR

A

PERMIT

OR SIGNIFICANT MODIFICATION OF A PERMIT ON

OR

AFTER

OCTOBER

9,

1993,

FOR

THE

MSWLF

UNIT

WHERE

THE AGENCY NOTIFIES THE APPLICANT THAT THE

AGENCY’S REVIEW OF THE APPLICATION INCLUDED A

REVIEW OF THE MSWLF UNIT’S

COMPLIANCE WITH BOARD

RULES ADOPTED UNDER SECTION

22.40 OR 22.41 OF THE

ACT.

.fl.

THE

BOARD

REVOKES

THE

INTERIM

PERMIT

OR

THE

INTERIM

PERMIT

MODIFICATION

DEEMED

ISSUED

UNDER

THIS

SECTION

AND

SECTION

22.42

OF

THE

ACT

IN

AN

ENFORCEMENT

ACTION

BROUGHT

UNDER THE ACT.

(Section 22.42

of

the

Act.)

814.108

Permit Rectuirements for Lateral Expansions at

Existing NSWLF Units

~

NO PERSON SHALL CAUSE OR ALLOW A LATERAL EXPANSION OF A

MUNICIPAL SOLID WASTE LANDFILL UNIT ON OR AFTER OCTOBER

9,

1993, WITHOUT A PERMIT MODIFICATION, GRANTED BY THE

AGENCY, THAT AUTHORIZES THE LATERAL EXPANSION.

(Section

21(t)

of

the

Act.)

~j

Owners or operators of existing MSWLF units planning

lateral expansions shall submit to the agency an

application for

a permit

a permit modification.

~j

The owner or operator filing an application pursuant to

subsection

(b)

shall submit information reciuired by 35

Ill. Adm. Code 812 to demonstrate compliance with

Subpart C or Subpart D. whichever is applicable.

~j.

The application shall be made pursuant to the

procedures of

35 Ill. Adm. Code 813.

0

~.2-O781~

---

83

~

The

Agency shall review applications for

permit

modification filed under this Section

in accordance

with the requirements and procedures of

35 Ill. Adm.

Code 813.

SUBPART C:

STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL

ANDJ.Q~

PUTRESCIBLE

WASTES

THAT

MAY REMAIN

OPEN

FOR

MORE

THAN SEVEN YEARS

Section 814.302

Applicable Standards

a)

All of the requirements for new units described in 35

Ill. Adm. Code 811 shall apply to units regulated under

this Subpart except the following:

1)

The

location standards in

35

Ill. Adm.

Code

811.302(a),

(d), and

(e);

2)

The

foundation

and

mass

stability

analysis

standards in 35 Ill.

Adm. Code 811.304 and

811. 305;

3)

The final cover requirements of 35 Ill. Adm Code

811.314 shall not apply to units or parts of units

closed, covered and vegetated prior to the

effective date of this Part.

4)

The liner and leachate drainage and collection

requirements of 35 Ill. Adm. Code 811.306,

811.307, and 811.308; and

5)

The hydrogeological site investigation require-

ments of

35 Ill. Adm. Code 811.315, except that

information shall be collected to implement a

groundwater monitoring program in accordance with

35 Ill. Adm. Code 811.318 and 811.319 and

establish background concentrations for the

purpose of establishing water quality standards

pursuant to 35 Ill.

Adin. Code 811.320; and

b)

Units regulated under this Subpart shall be subject to

the following standards:

.1)

The unit must be equipped with a system which will

effectively drain and collect leachate and

transport it to a leachate management system;

2)

The

owner or operator shall provide a long-term

static safety factor of at least

1.5

to protect a

completed unit against slope failure;

‘)~~

(t

~7 ~

~jj_.;~_u/Q

---

84

3)

Calculation

of

the

Design

Period

For the purposes of calculating financial

assurance for existing landfills,

other than

existing NSWLF units and lateral expansions,

the

design period shall be calculated as follows:

A)

The design period shall be no less than the

operating life of the landfill plus fifteen

years of postclosure care;

B)

The postclosure care period shall be extended

by three years for each year the unit is

expected to be in operation up to the

applicable design period required by 35 Ill.

Adm. Code 811

(For

example, an existing unit

with expected operating lives of three,

seven

or 12 years after the effective date of this

Part would be required to provide financial

assurance during operation and for a

postclosure care period of either 15 years

since

3 x

3

=

9 years is less than the 15

year minimum specified in subsection

(b)

(3)

(A);

21

years

since

3

x

7

=

21

years;

or 30 years since

3 x 13

=

39 years is

greater than

the

30 years specified in

Section 811.303(a),

respectively); and

C)

The design period may not be reduced as

allowed by

35 Ill.

Adm. Code 811.303(b)

and

(c).

~

Notwithstanding any exemptions under subsection

(a),

existing MSWLF units shall

be subject to the following

requirements:

fl

The location standard at 35 Ill.

Adiu.

Code

811.302(e): and

21

The foundation and mass stability standards at 35

Ill.

Adin.

Code 811.304 and 811.305.

~j.

Notwithstanding any exemptions under subsection

(a)

or

any requirements under subsection

(b).

lateral

expansions at existing MSWLF units shall be subiect to

the following requirements:

fl.

The location standard at 35 Iii. Adm. Code

811.302(e):

21

The foundation and mass stability standards at 35

Ill. Adm. Code 811.304 and 811.305

iii

L~.2-U786

---

85

.~j

The liner and leachate drainage and collection

requirements at 35 Ill. Adm. Code 811.306,

811.307, and 811.308; and

j)..

The groundwater impact assessment requirements at

35

Ill.

Adm.

Code

811.317

SUBPART D:

STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL

ANDJ.~

PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS

Section 814.402

Applicable Standards

a)

All of the requirements for new units described

in 35

Ill. Adm. Code 811 shall apply

to units regulated under

this Subpart except the following:

1)

The location standards in 35 Ill.

Adra. Code

811.302(a),

(c),

(d),

and (e);

2)

The foundation and mass stability analysis

standards in 35

Ill.

Adm.

Code

811.304

and

811. 305;

3)

The liner and leachate drainage and collection

requirements of 35 Ill.

Adni. Code 811.306,

811.307, and 811.308;

4)

The

final cover requirements of 35

Ill.

Adm

Code

811.314 shall not apply to units or parts of units

closed, covered and vegetated prior to the

effective date of this Part;

5)

The hydrogeological site investigation require-

ments of 35 Ill.

Adni.

Code 811.315;

6)

The groundwater impact assessment standards of 35

Ill.

Adni.

Code

811.317;

7)

The groundwater monitoring program requirements of

35

Ill.

Adm.

Code

811.318(c);

and

8)

The

groundwater quality standards of 35 Ill.

Adju.

Code 811.320(a),

(b) and

(c).

b)

The following standards shall apply to units regulated

under this Subpart:

1)

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 Part

U ~2-O787

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86