ILLINOIS POLLUTION CONTROL
BOARD
October
1,
1992
IN THE MATTER OF:
)
)
AMENDMENTS TO LANDFILL
)
R92-19
REGULATIONS: DELETION OF
)
(Rulemaking)
35~ILL.ADM~. CODE
811.310(d)
(I) (F~)
)
AND
813.106(b)
PURSUANT
TO
)
WASTE
MANAGEMENT
of ILL.
v. IPCB
)
(1st Diet.
1992).
)
ProDosed Rule.
First Notice.
OPINION
AND ORDER
OF THE BOARD
(by J. Anderson):
On June 11,
1992, the appellate court affirmed in part and
reversed in part portions of the Board’s landfill regulations
(R88-7)
appealed by Waste Management of Illinois,
Inc.
(Waste
Management). Waste Management of Illinois.
Inc.
V.
IPCB
(let
Diet. June 11,
1992), Nos. 1—90—2702 and 1—90—2818 Cons.
The
appellate court’s mandate was issued on August 13,
1992.
In all respects but two, the appellate court rejected the
challenges to the Board’s landfill regulations.
The Board is
initiating this rulemaking solely for the purpose of deleting the
two provisions that the court has found invalid, and for
accepting comment as to whether a third provision should also be
deleted.
The two provisions that the appellate court found
invalid and which the Board proposes to delete are as follows:
35
Ill.
Adxn.
Code 811.310(d) (1) (F)
d)
Parameters to be monitored
(1)
All below ground monitoring devices shall be monitored
for the following parameters at each sampling interval:
..(delete the following
(F)
Any
compound
on
the
list
of
air
toxics,
adopted by the Board pursuant to Section 9.5
of the Act, which is expected to be produced
in the landfill unit.
35 Ill.
Adm. Code 813.106(b)
....delete
the following
(b)
Any
Agency action to deny a permit or to grant
a
permit with conditions will not be deemed final for
the
purposes
of
appeal
if
the
applicant
has
requested
Agency
reconsideration
of
that
action
0136-0329
2
prior to the filing of a petition pursuant to this
Section.
We will not fully repeat here,
but will only summarize, the
appellate court’s reasoning.
The complete appellate court
~p~nion ishere~yentered as Exhibit #liri this proceeding.
Regarding 35
Ill.
Adin. Code 811. 310(d) (1) (F), the appellate
court first noted that Section 9.5(c)
of the Environmental
Protection Act (Act),
Ill.Rev.Stat.
1991,
ch.
111 1/2,
par.
1009.5(c), specifically provides that the public hearing and
comment provisions of Section 27(b) of the Act, the Economic
Impact Study
(EcIS)
requirements, shall not apply to the air
toxics contaminants list rulemaking.
The court concluded that
the Board,
by incorporating in its landfill regulations the not
yet promulgated air toxics list, failed to meet the procedural
requirements of Section 27(b)
of the Act.
Waste Management,
slip.
op.
at 10-13.
We note that this holding will have little,
if any, precedential effect,
in that P.A. 87—860, signed by the
Governor on July 1,
1992, deletes the Section 27(b)
EcIS
requirements from the Act.
Regarding 35 Ill.
Adin.
Code 816.106(b), the appellate court,
citing prior case law, stated that the Agency has no authority
under the Act to reconsider its decisions, and thus the Board did
not have statutory authority to purport to delay the finality of
an Agency decision by rule.
Section 40 of the Act gives an
applicant for a permit 35 days to appeal an Agency decision.
Waste Management,
slip.
op.
at 28-32.
We are particularly
concerned that an applicant would delay an appeal beyond the 35
days in false reliance on an invalid Board rule.
As to the third provision, we request that participants in
the rulemaking address the issue as to whether 35 Ill.
Adm. Code
811.310(c) (5)
should also be deleted because it references 35
Ill.
Adin.
Code 811.310(d) (1) (F).
In the interests of administrative economy, the Board
intends to fulfill the Act’s requirement that there be two public
hearings by dovetailing them with other regulatory public
hearings.
ORDER
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
0136-0330
3
Section
811.101
Scope and Applicability
811.102
Location Standards
31i.1~)3
Surface
Water
Drainage
811.104
Survey Controls
811. 105
Compaction
811.106
Daily
Cover
811.107
Operating Standards
811.108
Salvaging
811.109
Boundary Control
811.110
Closure and Written Closure Plan
811.111
Postclosure Maintenance
Section
811.201
811. 202
811.
2 03
811.204
811.205
811. 206
811.
207
Scope and Applicability
Determination of Contaminated Leachate
Design Period
Final Cover
Final Slope and Stabilization
Leachate Sampling
Load Checking
SUBPART
C:
PUTRESCIBLE
AND
CHEMICAL
WASTE
LANDFILLS
Section
811.
301
811.
302
811.
303
811. 304
811.305
811.306
811.
307
811.
308
811.309
811.310
811.311
811.312
811.313
811.
3 14
811.
315
811.
3 16
811.
317
811.
3 18
811.
319
811.
320
811.321
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 Systems
Landfill Gas Monitoring
Landfill Gas Management Systems
Landfill Gas Processing and Disposal Systems
Intermediate Cover
Final Cover System
Hydrogeologica.
Site Investigations
Plugging and Sealing of Drill Holes
Groundwater Impact Assessment
Design, Construction, and Operation of Groundwater
Monitoring Systems
Groundwater Monitoring Programs
Groundwater Quality Standards
Waste Placement
0136-0331
SUBPART
A:
GENERAL
STANDARDS
FOR
ALL
LANDFILLS
SUBPART
B:
INERT
WASTE
LANDFILLS
4
811.322
Final Slope and Stabilization
811.323
Load Checking Program
SUBPART
D:
MANAGEMENT
OF
SPECIAL
WASTES
AT
LANDFILLS
Section
811.401.
811.402
811.403
811.404
811.405
811.
406
Scope
áWd~AppIica~biIity
Notice to Generators and Transporters
Special Waste Manifests
Identification Record
Recordkeeping Requirements
Procedures for Excluding Regulated Hazardous Wastes
SUBPART
E:
CONSTRUCTION
QUALITY
ASSURANCE
PROGRAMS
Section
811.501
811.
502
811.503
811.504
811.505
811.506
811.507
811.
508
811.509
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
Illustration A
Illustration B
Illustration C
Illustration D
Illustration
E
Financial Assurance Forms
Trust Agreement
Certificate of Acknowledgment
Forfeiture Bond
Performance Bond
Irrevocable Standby Letter of Credit
01360332
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
5
Illustration F
Certificate of Insurance for Closure and/or
Postclosure Care
Illustration G
Operator’s Bond Without Surety
Illustration H
Operator’s Bond With Parent Surety
Illustration
I
Letter from Chief Financial Officer
AUTHORITY:
Implementing Sections
5,
21,
21.1,
22, 22.17 and 28.1
and authorized by Section 27 of the Environmental Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111 1/2,
pars.
1005,
1021,
1021.1,
1022,
1022.17,
1028.1 and 1027).
SOURCE:
Adopted in R88-7 at 14
Ill. Reg.
15861, effective
September 18,
1990; amended in R92—l9 at
______
Ill. Reg.
______
effective
____________________
NOTE:
Capitalization indicates statutory language.
Section 811.310
Landfill Gas Monitoring
a)
This Section applies to all units that dispose
putrescible wastes.
b)
Location and Design of Monitoring Wells
1)
Gas monitoring devices shall be placed at
intervals and elevations within the waste to
provide a representative sampling of the
composition and buildup of gases within the unit.
2)
Gas monitoring devices shall be placed around
the
unit at locations and elevations capable of
detecting migrating gas from the ground surface to
the lowest elevation of the liner system or the
top elevation of the groundwater, whichever is
higher.
3)
A predictive gas flow
model
may be utilized to
determine the optimum placement of monitoring
points required for making observations and
tracing the movement of gas.
4)
Gas monitoring devices shall be constructed from
materials that will not react with or be corroded
by the landfill gas.
5)
Gas monitoring devices shall be designed and
constructed to measure pressure and allow
collection of a representative sample of gas.
6)
Gas monitoring devices shall be constructed and
maintained to minimize gas leakage.
01360333
6
7)
The gas monitoring system shall not interfere with
the operation of the liner,
leachate collection
system or delay the construction of the final
cover system.
8)
At least three ambient air monitoring locations
shall--be chosen-and--samples sha~ll
-
-be--taken ~no
higher than 0.025 meter
(1 inch) above the ground
and 30.49m (100 feet) downwind from
the
edge of
the
unit
or at the property
boundary,
whichever is
closer to the unit.
c)
Monitoring Frequency
1)
All gas monitoring devices, including the ambient
air monitors shall be operated to obtain samples
on a monthly basis for the entire operating period
and for a minimum of five years after closure.
2)
After a minimum of five years after closure,
monitoring frequency may be reduced to quarterly
sampling intervals.
3)
The sampling frequency may be reduced to yearly
sampling intervals upon the installation and
operation of a gas collection system equipped with
a mechanical device such as a compressor to
withdraw gas.
4)
After a minimum of five years or,
in the case of
landfills,
other than those used exclusively for
disposing of wastes generated at the site,
a
minimum of fifteen years after closure, monitoring
shall be discontinued if the following conditions
have been met for at least one year:
A)
The concentration of methane is less than
five percent of the lower explosive limit in
air for four consecutive quarters at all
monitoring points outside
the unit;
and
B)
Monitoring points within the
unit
indicate
that methane is no longer being produced in
quantities that would result in migration
from the
unit
and exceed the atandards of
subsection
(a)
(1).
5)
The operator shall include in the permit,
a list
of air toxics to be monitored in accordance with
subsection
(d).
The Agency shall determine the
monitoring frequency of
the
listed compounds based
upon their emission rates and ambient levels in
Ol36-033~
7
the
atmosphere.
d)
Parameters
to
be
Monitored
1)
All below ground monitoring devices shall be
monitored
for
the
following parameters at each
sampling
ir~terval:
A)
Methane;
B)
Pressure;
C)
Nitrogen;
D)
Oxygen;
E)
Carbon dioxide; and
oom~oundon thc hat of air toxios,
aaoptea by the Board purauant to
Caption
9.5
of the Apt, whioh ia expooted to be pro-duocd
in tha landfill unit.
2)
Ambient air monitors shall be sampled for methane
namely when the average wind velocity is less than
8 kilometers
(five miles) per hour at a minimum of
three downwind locations 30.49 meters (100 feet)
from the edge of the unit or the property
boundary, whichever is closer to the unit.
3)
All buildings within a facility shall be monitored
for methane by utilizing continuous detection
devices located at points where methane might
enter the building.
(Source:
Amended at
__________
Ill.
Reg.
_________,
effective
______________________________)
TITLE 35:
ENVIRONMENTAL
PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
j:
SOLID WASTE
AND
SPECIAL WASTE HAULING
PART
813
PROCEDURAL
REQUIREMENTS
FOR
PERMITTED
LANDFILLS
SUBPART
A:
GENERAL
PROCEDURES
Section
813.101
Scope
and
Applicability
0136-0335
8
813.102
813.
103
813.
104
813
.
105
813.106
813._107
813. 108
813.
109
813
•
110
813
•
111
Section
813.201
Section
813.301
813.302
813.303
813.304
813.305
SUBPART
Section
813.401
813.402
813.403
Section
813.501
813.502
813.503
D:
ADDITIONAL
PROCEDURES
FOR
INITIATION
AND
TERMINATION
OF
TEMPORARY
AND
PERMANENT
CLOSURE
AND
POSTCLOSURE
CARE
Agency Notification Requirements
Certification of Closure
Termination of the Permit
SUBPART
E:
REPORTS
TO BE FILED WITH THE AGENCY
Annual
Reports
Quarterly Groundwater Reports
Information to be Retained at or near the Waste
Disposal Facility
AUTHORITY:
Implementing Sections 5,
21,
21.1,
22, 22.17 and
28.1,
and
authorized
by
Section
27
of
the
Environmental
0136-0336
Delivery
of
Permit
Application
Agency
Decision
Deadlines
Standards
for
Issuance
of
a
Permit
Standards
for
Denial
of
a
Permit
Permit Appeals
Permit No Defense
Term
of
Pi~it
Transfer of Permits
Adjusted Standards to Engage in Experimental Practices
Agency Review of Contaminant Transport Models
813.203
813.204
SUBPART B: ADDITIONAL
PROCEDURES FOR MODIFICATION AND
SIGNIFICANT MODIFICATION OF PERMITS
Initiation
of
a Modification or Significant
Modification
813.202
Information
Required
For
a
Significant
Modification
of
an Approved Permit
Specific Information Required For a Significant
Modification To Obtain Operating Authorization
Procedures For A Significant Modification of an
Approved Permit
SUBPART
C:
ADDITIONAL
PROCEDURES
FOR
THE
RENEWAL
OF
PERMITS
Time
of
Filing
Effect
of
Timely
Filing
Information Required For a Permit Renewal
Updated Groundwater Impact Assessment
Procedures for Permit Renewal
9
Protection
Act
1027
and
1028.1
(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.
Req.
15814,
effective
september
I8,1990;
-
amended
in
9~2-l-9a-t
_______________,
effective
_______________)
NOTE:
Capitalization indicates statutory language.
Section 813.106
Permit Appeals
a)
If THE AGENCY REFUSES TO
GRANT
OR
GRANTS
WITH
CONDITIONS
A
PERMIT
THE
APPLICANT
MAY,
WITHIN
35
DAYS,
PETITION
FOR
A HEARING
BEFORE
THE
BOARD
TO
CONTEST
THE
DECISION OF THE AGENCY.
(Section 40(a) (1)
of the Act)
The petition shall be filed, and the proceeding
conducted, pursuant to the procedures of Section 40 of
the Act and 35 Ill.
Adm.
Code 105.
b)
Any
Agcnoy potion to deny a permit or to
grant
a
permit
with ponditiono will not
purpoc303 of appeal if the
Agcnoy rcoonaidcration of
be doomed final
applioant haa
that
nntiitn
i~r
for the
rcqucatcd
in~
t~nthc~
zii.ing of a petition purauant to thia
Section.
(Source:
Amended
at
__________
Ill.
Req.
,
effective
IT
IS
SO
ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control
Board, hereby certi~thatthe above
p’nion and order was
adopted on the
/
day of
________________,
1992 by a
vote of
____________
Dorothy
14. G
,
Clerk
Illinois P0 1 tion Control Board
0136-0337