ILLINOIS POLLUTION CONTROL BOARD
September 12,
1991
IN THE MATTER OF:
GROUNDWATER PROTECTION: REGULATIONS FOR
)
R89-5
EXISTING
AND
NEW ACTIVITIES WITHIN SET-
)
(Rulemaking)
BACK ZONES
AND
REGULATED RECHARGE
AREAS
)
(35
ILL,.
ADM. CODE 601,
615,
616,
AND
617)
)
(“TECHNICAL STANDARDS”)
)
PROPOSED REGULATIONS
SECOND NOTICE
OPINION AND ORDER OF THE BOARD
(by R.
C. Flemal):
This matter comes before the Board upon a regulatory
proposal filed by the Illinois Environmental Protection Agency
(“Agency”)
pursuant to Sections 14.4(b)
and 14.4(d)
of the
Illinois Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111½, par. 1001 ~
~g.)
(“Act”).
Section 14.4 was enacted by
the Illinois General Assembly as part of the Illinois Groundwater
Protection Act
(“IGPA”),
P.A.
85_8631, effective September 24,
1987.
Sections 14.4(b) and 14.4(d) mandate inter alia that the
Agency propose and the Board promulgate regulations prescribing
standards and requirements for certain activities within setback
zones and regulated recharge areas,
as these terms are defined in
the IGPA.
The set of affected activities includes,
in general,
those activities that offer significant potential for producing
groundwater contamination, and which are not otherwise currently
subject to regulations which limit or eliminate their potential
for producing groundwater contamination.
The Board today adopts a proposal for Second Notice.
In
general, today’s Opinion addresses only those matters raised
during the First Notice Comment Period.
A full discussion of the
proposal was presented in the 2nd First Notice Opinion
(see
following),
and will be repeated in the Final Opinion.
1 P.A. 85-863 consists of sixteen sections, the first nine of
which constitute a free-standing body of statute found at Ill. Rev.
Stat.
1989,
ch.
111½,
par.
7451
~
seq..
Of
the
remaining
sections,
all
but
the
last
(effective
date
provision)
provide
amendments to various pre—existing statutes.
Amendments to the
Environmental Protection Act occur
in Section
14 of P.A.
85—863.
The term “Groundwater Protection Act” is commonly used to refer to
both the free-standing first nine sections, and to the full sixteen
sections of P.A.
85-863.
Unless otherwise specified,
the latter
senso lato usage is employed herein.
126—123
2
PROCEDURAL HISTORY
The Board initially adopted a p~oposalfor First Notice by
Opinion and Order of August 31,
1989
.
This proposal was
subsequently held in abeyance pending the Economic Impact
Statement
(“EcIS”)
in the instant propo~aland developments in
two collateral Board proceedings, R88-7
,
and R89—l44.
A 2nd First Notice proposal was adopted by Opinion and Order
of June 20,
1991g.
This 2nd First Notice proposal forms the
departure point for today’s proposal.
The interested person is directed to the 2nd First Notice
Opinion for a discussion of procedural history prior to that
time.
Ten Public Comments
(“PC”)
have been filed during the 2nd
First Notice Comment Period.
Public Comments #26 and 27,
submitted by the Administrative Code Division of the Illinois
Office of the Secretary of State
(“Code Division”),
are directed
to conforming the proposal to State codification standards.
Comments directed to the merits of the proposal were filed by
Growmark
(PC #28), the Metropolitan Water Reclamation District of
Greater Chicago (PC #29), the Illinois Fertilizer and Chemical
Association
(“IFCA”)
(PC #30), the Illinois Farm Bureau (“Farm
Bureau”)
(PC #31), the Agency
(PC #32), Waste Management of
Illinois,
Inc.
(“WMII”)
(PC #33), and the McHenry County
Defenders,
Citizens for a Better Environment, the Illinois
Chapter of the Sierra Club (collectively as “Defenders”)
(PC
#34), and the Illinois Department of Commerce and
Community Affairs
(PC #35).
2 Publication occurred at
13
Ill.
Reg.
14641,
September 22,
1989.
in
the Matter
of:
Development,
Operating,
and Reporting
Reguireinents for Non—hazardous Waste Landfills, adopted August 17,
1990 and effective September 18, 1990.
In the Matter
of:
Groundwater quality Standards
(35
Ill.
Adm.
Code 620),
Second Notice Opinion and Order Adopted July 25,
1991.
~ Publication of Parts 601,
616,
and 617 occurred at 15 Ill.
Reg.
9829 et seq., July 5, 199l~publication of Part 615 occurred
at
15 Ill. Reg.
10303, July 12,
1991.
126—124
3
SECOND NOTICE MODIFICATIONS
Today’s proposal contains various modifications based upon
recommendations made to the Board in the 2nd First Notice
comments.
Except for purely form changes, these modifications
are identified below.
All modifications are also identified in
today’s Order by combinations of strike-throughs
(language
deleted from 2nd First Notice proposal) and redlines (language
added tpday).
Title Modification
Pursuant to Code Division’s requirement
(PC #26), the
section title
in the table of contents for Sections 615.303 and
616.303 have been made to conform with the title in the text.
Deletion of “Use” Prohibition
At various places6 the Second Notice draft contained
prohibitions against the “construction, use or operation”
or “use
or operation” of facilities or units.
This is an unconventional
construction not employed elsewhere in the Board’s regulations,
and its retention here could seemly imply a new, unintended
standard for the connection between a person and a facility.
The
prohibitions against “use” are accordingly here all deleted.
Definitions
Modifications to various definitions found at 6l5.l02~are
made in accordance with recommendations.
These are:
1.
“Compliance point”: modification made upon
recommendation of the Defenders
(PC #34) with purpose
of improving clarity.
2.
“Date of first applicability”:
modification made upon
recommendation of Agency
(PC #32 at ¶11) with purpose
of improving clarity and explicitly identifying that
the instant rule is applicable to activities within
minimum setback zones.
3.
“Detection”: modification made upon recommendation of
Agency
(PC #32 at ¶10) with purpose of providing
6
For example,
Sections 615.104,
615.402,
615.403,
615.404,
615.422,
615.423,
615.442, 615.443,
etc.
The definitions at Section 615.102 would also be applicable
to the activities of Part 616 through the operation of proposed
Section 616.102.
126—125
4
consistency with definition of “detection” at 35
Ill.
Adm. Code 620.110.
4.
“Existing unit”: modification made upon recommendation
of Agency
(PC #32 at ¶12) with purpose of providing
consistency with the statutory provisions for new
potential primary and potential secondary source
definitions contained in the Act.
5.,
“Land application unit”: addition of definition to
support use the term in the definition of landfill;
definition is same as at 35 Ill.
Adm. Code 810.103.
6.
“Land treatment”:
addition indicating that a land
application unit is a land treatment unit,
consistent
with construction of Parts 615 and 616.
7.
“Major reconstruction”: modification made upon
acceptance of the Agency’s recommendation
(PC #32 at
¶13) that the change is necessary to allow for the
construction of pollution control devices required
under the instant rule and under
8
Ill. Adm. Code 255.
8.
“Pile”: modification to include disposal as one of the
purposes for which material may be accumulated in a
pile,
consistent with modifications made to Subpart G
of Part 615
(see discussion below).
9.
“Practical quantitation limit” or “PQL”: modification
made upon recommendation of Agency
(PC #32 at ¶4) with
purpose of providing consistency with definition of
“PQL” at
35 Ill.
Adm. Code 620.110.
10.
“Sludge”: the statutory definition of “sludge” found in
the Act at Section 3.44 is added in support of the
exemption for certain sludge treatment facilities
(see
discussion below).
11.
“Waste pile”: modification to recognize that waste
piles may include uses in addition to storage,
consistent with modifications made to Subpart G of Part
615
(see discussion below).
Incorporations by Reference
Changes are made to the list of incorporated material at
Section 615.103 to correct citation form and better indicate
which documents are incorporated.
126—126
5
General Exceptions
The language at the end of Section 615.105(f)
is modified to
simply cite the Act.
Use of Existing Water Wells as Monitoring Wells
The Agency recommends that Section 615.204(b) be
restructured to provide greater consistency between the instant
regulations and proposed Part 620
(PC #32 at ¶14).
In addition,
the Agency recommends that certain existing water wells other
than potable water wells be allowed to serve as monitoring wells.
These recommendations are accepted.
Well Screening Requirements
The Agency recommends insertion of the word “adjacent”
before the word “formations” at 615.204(d) (3) and 616.204(c) (3).
The recommendation is accepted.
Definition of “Reportable Agricheinical Spill”
It is observed that the term “reportable agrichemical spill,
as used at Section 615.207(b) (3),
is not defined within the
instant regulations.
The term is defined in the Illinois
Department of Agriculture’s
(“IDOA”) agrichemical facility
regulations found at
8
Ill. Adm. Code 255
(“Part 255”), where it
has the intended meaning.
Accordingly, there is added to Section
615.207(b) (3)
a reference to the Part 255 definition.
“Clear and Convincing” Demonstrations
The phrase “clear and convincing”
is deleted from Sections
615.210 and 616.211.
At best the phrase is surplusage.
At worst
it implies some standard for a demonstration not applied or
defined elsewhere.
Duplication of Survey Plot Requirements
Growmark expresses concern over regulatory overlap between
today’s regulations and various portions of Part 255
(see also
following discussion).
Among particulars, Growmark observes that
both today’s Section 615.304/616.304
and Part 255 at Section
255.70 require maintenance and reporting of survey information
(PC #28 at 7).
While
it is clear that Sections 615.304/616.304 and Section
255.70 do not contain identical requirements, some portions may
overlap.
Accordingly, the Board today adds a new paragraph to
Section 615.304, which provides that records required by other
authorities which contain the same information as required under
Section 615.304/616.304 satisfy this requirement.
The concept
126—12
7
6
and form of the addition is identical to that found at Section
255.70(b), hence establishing a reciprocity between the two
rules.
On-Site and Off-Site Landfills,
Surface Impoundments, Land
Treatment Units, and Waste Piles
WMII
observes that the type of landfills covered by the
instant regulations are exclusively on—site landfills
(PC #33).
To assu,re that this characterization is fully obvious, the title
of the Subpart D is today changed by the addition of the term
“on—site”
in both Parts 615 and 616.
The same observation also
holds for Subparts E,
F, and G,
and the parallel change is also
made there.
Exception to Required Closure via Adjusted Standard
At various earlier stages in the development of the instant
proposal, the required closure provisions for existing facilities
found in 615:Subparts D,
E,
F, and K each contained a statement
that closure is not required if the Board finds,
in an adjusted
standard proceeding,
that closure is not necessary.
This
language had been presented for the purpose of making interested
persons aware of this option.
It is to be observed, however, that this provision is
essentially redundant; the applicability statement of each
Subpart also indicates that facilities may be excepted from the
Subparts through an adjusted standard proceeding,
as specified in
the General Exceptions of Section 615.105.
Moreover, there is potential for conflict between the two
adjusted standard statements.
The Section 615.105 statement
relies on the statutory tests found under Title VII of the Act
for grant of an adjusted standard.
On the other hand, the
statements found in the Subparts could be read as establishing a
different test:
a showing of a “significant hazard”.
Although
the term “significant hazard”
is used in the IGPA,
it
is used
there in a very narrow context and without establishment of
standards upon which a finding of significant hazard
is to be
based.
The Board accordingly does not believe that it is
adequate as a test for grant of an adjusted standard nor that it
should be intended to constitute a level of justification,
as
that term is used in Section 28.1 of the Act.
In view of these considerations,
the Board deletes the
adjusted standards statements previously found
in Sections
615.402,
615.403,
615.404,
615.422,
615.423,
615.442,
615.443,
and 615.702(c)
126—128
7
Section Reference at Section 615.446(e)
Second Notice contained an incorrect reference to the
closure requirements of Section 615.446.
The reference should be
to Section 615.447, and is today corrected.
Slud~ePiles on Underdrained Pavements
The Metropolitan Water Reclamation District of Greater
Chicago. (“District”)
requests an exemption from the requirement
that waste piles be covered by an impermeable membrane or cover,
with the exemption to apply to waste piles that consist of POTW
wastewater sludge where the sludge piles are situated on
underdrained paved surfaces and the units are operated in
accordance a valid Agency permit.
The District observes that its
sludge drying piles are so constituted and permitted,
that
groundwater adjacent to its sludge drying areas
is monitored
biweekly, and that any leachate which penetrates the pavement is
collected and returned to the District’s plants
(PC #29).
The
District therefore believes sufficient protection against
possible groundwater contamination is already present
(u.).
The Board accepts the thrust of the District’s position.
The Board notes, however, that sludge piles of the District’s
type are already regulated under other rules and regulations,
which include requirements for protection of groundwater.
In
keeping with the theory that today’s regulations are intended to
fill regulatory gaps,
the Board would not expect the regulations
to apply to the District’s sludge piles.
To assure that this
reading is clear, the appropriate course of action is to
explicitly exempt the subject sludge piles.
This is done by the
addition of subsections 615.461(b)
and 616.461(b).
The Act’s
definition of “sludge”
is also added at Section 615.102
(see
above).
Existing Waste Piles Treated as Landfills;
Other Waste Piles
At 2nd First Notice the Board observed that pursuant to the
new landfill regulations adopted in the R88-7 proceeding,
certain
types of on—site waste piles are now subject to the same
regulations applicable to on-site landfills.
The Board
accordingly asked how these waste piles should be treated for the
purpose of the instant regulations.
The Agency recommends that
those waste piles which are treated like landfills for the.
purpose of the R88-7 regulations also be treated like landfills8
for the purpose of the instant regulations
(PC #32 at ¶1,
2, and
8
As
noted
at
2nd
First
Notice,
the
only
requirements
applicable to existing on-site landfills generated in the instant
regulations are the requirements to close found in Section 615.402,
615.304, and 615.404.
126—129
8
6); this recommendation is accepted as necessary to provide
consistency between the general landfill regulations and the
instant regulations.
It is effectuated by inserting after
Section 615.461
a new section which applies the same standard for
distinguishing landfills and waste piles as found in the
definition of “waste pile”
at 35
Ill. Adm. Code 810.103.
As the Agency and the Defenders
(PC #34 at p.13) recognize,
that there are varieties of waste piles which will ~
be subject
to requ.ired closure.
These continue to be treated as proposed at
2nd First Notice, with design and operating requirements as
specified ~t Section 615.463 and closure requirements specified
at 615.464
Road Oils Containing Wastes
At 2nd First Notice the Board requested that interested
persons address the matter of whether the instant rule should:
(a)
limit required closure within minimum setback zones of
existing road oil storage and handling units to only those units
at which the road oils contains wastes, and
(b) prohibit within
maximum setback zones only those new road oil storage and
handling units at which the road oils contain wastes
(Opinion,
pp.
41—2,
48).
In raising this matter the Board observed its
unease with the apparent assumption that road oils that contain
wastes somehow present an inherently greater risk to groundwaters
than do virgin road oils
(u.,
p.
42).
The Agency responds that road oils that contain wastes tend
to be more mobile than virgin oils,
and thereby to pose a greater
threat to groundwater
(PC #32 at ¶8).
The Defenders observe that
they are not aware of an empirical basis for drawing such a
distinction, and that “road oil without waste would render
groundwater undrinkable just as surely as road oil containing
waste”
(PC #34 at 14).
The Board is unpersuaded that there is a basis for
distinguishing road oils containing wastes from virgin road oils
in the context the instant regulations.
Accordingly, the Board
today deletes the “containing wastes” provision from proposed
Section 615.702 and makes no alteration to the maximum setback
siting prohibition of Section 616.702.
New Waste Piles
in Regulated Recharge Areas
The Agency observes that since certain existing waste
disposal piles
(see discussion above)
are required to close
within regulated recharge areas, parallelism requires that new
These
two
sections
were
at
615.642
and
615.643,
respectively, at 2nd First Notice.
126—130
9
facilities of the same type be prohibited in regulated recharge
areas
(PC #32 at ¶1).
The Agency accordingly recommends the
addition at Section 616.462 appropriate language, which the Board
today incorporates.
OTHER ISSUES
Agency Oversight and Data Accumulation
The Board’s 2nd First Notice Opinion contained the following
discussion regarding groundwater monitoring requirements
(Opinion
at p.
30—1):
The Defenders recommend that the owner or operator
of each affected facility be required to file with the
Agency, within one year after the adoption of these
rules,
a report specifying various items
(PC #24 at 6—
9).
The items include characterization of the three-
dimensional groundwater flow system underlying the
facility,
a description and rationale for the number
and location of monitoring wells, and description of
the data and qualifications of the individual upon
which the report is based.
The Defenders contend that
this information is necessary if the Agency is to
review and evaluate the tasks required of owners and
operators
(~.
at 7).
The Board shares the Defenders concern about
adequate oversight of the various owner/operator
requirements in today’s proposal.
The Board also has
an independent concern that there be available in the
public record information upon which public pOlicy may
be reasonably predicated.
At the same time,
the Board
is apprehensive about regulatory and administrative
overburden.
We search to find the proper balance.
Accordingly, we ask the Agency to advise us of what in
the Defenders’
proposal it would deem necessary for it
to exercise its oversight functions and what
information should be properly within its public files.
The Defenders now renew their earlier recommendation (PC #43 at
4—6).
The Agency observes that landfills are already required to
provide very detailed data pursuant to 35 Ill. Adm. Code 811.
As
regards other types of activities covered under the instant rule,
the Agency responds that the Defenders’ recommendation would be
contrary to the intent and desirability of having the instant
rules be self-implementing, that the Agency can perform facility
inspections to assure that facilities are complying,
and that
there are various public groundwater data bases under development
126—13 1
10
by the Agency or otherwise available
(PC #32 at ¶5).
The Agency
therefore urges the Board to not accept the Defenders’
recommendation
(u.).
The Board accepts the Agency’s
recommendation.
Corrective Action Provisions for Existing Facilities
The Defenders urge that the corrective action provisions of
Part 616, applicable to new facilities and units, also be
applica~leto the existing facilities and units of Part 615
(PC
#34 at 3).
The Defenders contend that having different
corrective action provisions for the Part 615 facilities is “at
odds with both the Groundwater Protection Act and the Board’s
other regulations”
(u.);
the “other regulations” referred to are
the Board’s RCRA rules
(Id.).
The Part 615 corrective action provisions are indeed
different in particulars from the corrective action provisions of
Part 616 and from the Board’s
RCRA
rules.
The differences
between Part 615 and 616 are reflective of the mandate of the
IGPA that the instant rules “provide
.
.
.
for more stringent
provisions for those activities
.
.
.
not already in existence”
(Section 14.4(a) (5)
of the Act and the IGPA).
The differences
between Part 615 and the Board’s
RCRA
rules are reflective of the
distinctly different nature of the types of facilities involved,
as well as the explicit exclusion of hazardous waste facilities
from the purview of the instant regulations under Section 14.4 of
the Act and IGPA.
Accordingly, the Board fails to see how the
Part 615 rules can be construed as being “at odds” with either
the IGPA or the Board’s RCRA rules.
Use of
“Activity” Within the Body of the Regulations
The Agency continues to express preference for use of the
term “activity” within the body of today’s regulations as an
alternative to usage of “facility” and “unit”
(PC #32 at ¶3).
The Board has addressed this issue
in both the 1st and 2nd First
Notice Opinions, and stands by the analysis presented there.
Agrichemical Units and Facilities
The Farm Bureau questions whether the 2nd First Notice
language might allow for a device such as a spray rig in a field
to be considered a unit, and therefore to be regulated under
Subparts
I and J.
The Board initially notes that it views as
unlikely that a field spray rig would meet the applicability
statements found at any of Sections 615.601,
615.621,
616.601, or
616.621.
Moreover,
a unit would be regulated only if the unit is
located within a setback zone or regulated recharge area,
its
affiliation with other units mattering not at all.
The Board
discussed this aspect of regulated units
in its 2nd First Notice
Opinion:
126—132
11
The Board notes that there is some particular
import to the language “located wholly or partially
within
a setback zone or regulated recharge area”.
Given the sharp boundary of most setback zones
(or even
regulated recharge areas), the Board believes that it
may be common that an otherwise affected unit will lie
partly within and partly outside the setback zone
(e.g., the unit extends from less than 200 feet to more
tb,an 200 feet away from a well which establishes a
minimum setback zone).
The Board believes that the
intent of the IGPA is clearly to regulate such “split”
units.
At the same time, however, the Board does not
believe that the IGP~intends that the regulations
apply to the entirety of a facility or site that
contains multiple units,
and for which the only
otherwise affected units are located outside the
setback zone or regulated recharge area.
Thus the
emphasis
in the applicability statement is on the
unit(s) that are located wholly or partially within the
setback zone
(or regulated recharge area).
Similarly,
the Board would not find it inconsistent with the IGPA
or the instant proposal
if an owner or operator of a
multiple-unit facility or site complied with the
current rules only for those units located wholly or
partially within the relevant setback zone or regulated
recharge area.
(2nd First Notice Opinion,
p.
23—4)
The Board further noted at 2nd First Notice that:
The Agency also intends that the regulations apply
only to “that portion
of
an activity
which is
actually located within a setback zone or regulated
recharge area”
(PC #9 at ¶3, emphasis added).
The
Board believes that this position is equivalent to that
here presented by the Board.
(2nd First Notice Opinion
at Footnote 17)
Relationship to
8 Ill. Adm.
Code 255
Growinark,
IFCA, the Farm Bureau, the Defenders,
and the
Agency each comment on their preference for interrelating the
instant regulations with the IDOA’s Part 255 regulations.
Growmark contends that Part 255 provides a sufficient regulatory
program,
and that therefore no need exists for inclusion of
agrichemical facilities within the instant regulations
(PC #28).
IFCA (PC #30) and the Farm Bureau
(PC #31)
support handling the
126—133
12
interrelationship as proposed by the Board at 2nd First Notice10.
The Defenders opine that the agrichemical portions of the instant
regulations need to be strong and to cover facilities not covered
in Part 255
(PC #34
at 10-12).
The Agency, which formerly had
advocated adoption of the full Part 255 rules into Board
regulations
(PC #23 at ¶8), now proposes for the purposes of
today’s action that the Board “cross—reference” Part 255 with the
instant regulations
(PC #32 at ¶7).
Tb,e Board continues to believe,
as it has noted in both the
1st and 2nd First Notice Opinions (e.g.,
2nd First Notice Opinion
at p.
15—7), that agrichemical facilities as defined herein
constitute a significant potential source of groundwater
contamination and that the Board is explicitly required under the
IGPA to promulgate regulations to limit that potential
contamination.
The Board also continues to believe that the
agrichemical provisions of the instant regulations,
in
combination with the Part 255 regulations, constitute a coherent
whole as intended under the IGPA.
The Agency’s recommendation that the Board “cross—reference”
certain sections of Part 255
is at best untimely.
The practical
consequence of adoption of the Agency’s language would appear to
be indirect adoption of the listed sections of Part 2551
.
The
Board will not undertake indirect adoption of rules.
Definition of “Non-commercial Agrichemical Facility”
at Part 255
By the way of summarizing the nature of the IDOA’s Part 255
regulations, the Board at pp.
15-6 of the 2nd First Notice
Opinion quoted some of the introductory text published’2 at the
First Notice of Part 255.
The Farm Bureau observes that the
quote contains a paraphrase of the definition of “non—commercial
agrichemical facility” that is not identical to the definition of
the term contained in the text of Part 255
(PC #31).
At 2nd First Notice the Board declined to adopt any of the
Part 255 regulations
as the Board’s own regulations.
The Board
did add a Board Note within Subparts
I and J of Parts 615 and 616
observing that persons subject to the these subparts may also be
subject to Part 255.
The Agency’s proposed language begins:
Board Note:
The Board hereby cross—references
specific
sections
of
8
Ill.
Adm.
Code
255
which
apply
to
owners
and
operators
of
facilities or operations subject to this Part
as follows: Section
.
.
12
13
Ill.
Reg.
2571—2, March
3,
1989.
126—134
13
“Reporting”
of Pesticide and Fertilizer Inventories
Growmark questions the purpose of the inventory “reporting”
requirements allegedly found at Sections 615.603 and 615.623
applicable to facilities for the storage and handling of
pesticides or fertilizers.
Growmark contends that these
facilities already are required to report storage capacities to
IDOA as part of their permit applications and to report hazardous
materia,Ls under various right-to-know laws
(PC #28 at 5).
Growmark further contends that the Agency may use either of these
“reports” to gain information that it may desire
(a.).
Aside from any question as to the sufficient of permit
application information and right—to—know records, the Board
observes that the Sections 615.603 and 61.5.623 do not establish
any new regular reporting requirement.
Rather,
these sections
only require that inventory records be maintained and that the
Agency be allow access to the records upon request.
The Board
does not view this requirement as unnecessarily burdensome.
Maintaining inventory records is standard business procedure.
No
departure from such procedures is required.
The only added
requirement, that inventory records be provided to the Agency
upon request,
is essential
if the Agency is to properly carry out
its mandates under the Act.
Post-Closure Care Period for Agrichemical Facilities
At 2nd First Notice the Board proposed a three-year minimum
post—closure care period for pesticide and fertilizer storage and
handling facilities
(see Sections 615.202(c)
and 616.202(c)).
The provision is based upon the recommendation of the Agency in
response to concerns expressed by IFCA (PC #23 at ¶37).
The Defenders recommend that the minimum post—closure care
period be extended to five years
(PC #34 at 13).
The Board
declines this recommendation.
Section 616.209(i)
Provisions
The Defenders recommend that Section 616.209(i)
be replaced
by a provision that specifies that groundwater contaminants may
not exceed a MAR unless the facility obtains an adjusted standard
(PC #34 at 3-4).
As written, Section 616.209(i)
requires that
upon completion of a preventive response no contaminant may
exceed 50
of the corresponding groundwater standard unless
specified conditions are met.
The Defenders’
recommendation is apparently based on the
assumption that a
MAR
is likely or necessarily less than 50
of
any groundwater standard,
and that use of the MAR therefore more
closely assures nondegradation of groundwaters.
This assumption,
126—135
14
however,
is unfounded.
In many cases
MARs
are going to be larger
than 50
of a groundwater standard, particularly where the
numerical value of the standard is small and/or a large standard
deviation is associated with the background values.
Thus,
it is not possible to conclude generally that Section
616.209(i)
either as written or as proposed by the Defenders
would be more protective of groundwater.
It is reasonable to
conclude, however, that Section 616.209(1)
as written has greater
utility, from a legal enforcement standpoint, as the Agency
observes
(PC #32 at ¶9).
In balance,
then,
the Board believes
that Section 616.209(i)
has greatest merit as written.
ORDER
The Board hereby directs that Second Notice of the following
proposed amendments be submitted to the Joint Committee on
Administrative Rules.
126—136
15
TITLE
35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 601
INTRODUCTION
Section
601.101,
General
Requirements
601.102
Applicability
601.103
Severability
601.104
Analytical Testing
601. 105
Definitions
APPENDIX A
References to Former Rules
AUTHORITY:
Implementing Section
17 and authorized by Section 27
of the Environmental Protection Act (Ill.
Rev.
Stat.
l9891~J87,
ch.
111 1/2,
pars.
1017 and 1027).
SOURCE:
Filed with Secretary of State January
1,
1978; amended
at
2 Ill.
Reg.
36,
p.
72, effective August 29,
1978;
amended at
3
Ill. Reg.
13,
p.
236, effective March 30,
1979; amended and
codified at
6 Ill. Reg.
11497, effective September 14,1982;
amended at 6 Ill.
Reg.
14344, effective November
3,
1982; amended
in R84—12 at 14
Ill.
Reg.
1379,
effective January 8,
1990;
amended in R89-5 at
____
Ill.
Reg.
______,
effective
__________
NOTE:
Capitalization denotes statutory language
Section 601.105
Definitions
For purposes of this Chapter:
“Act” means the Environmental Protection Act,
as
amended,
(Ill. Rev.
Stat.
19891937,
ch.
111 1/2,
pars.
1001 et seq.).
“Agency” means the Illinois Environmental Protection
Agency.
“Board” means the Illinois Pollution Control Board.
“Boil Order” means a notice to boil all drinking and
culinary water for at least five minutes before use,
issued by the proper authorities to the consumers of a
public water supply affected, whenever the water being
supplied may have become bacteriologically
contaminated.
126—137
16
“Certified Laboratory” means any laboratory approved by
the Agency or the Illinois Department of Public Health
for the specific parameters to be examined,
as set out
in rules adopted pursuant to the Illinois
Administrative Procedure Act,
(Ill. Rev.
Stat.
19891937,
ch.
127, pars.
1001 et seq.).
“Chemical Analysis” means analysis for any inorganic or
organic substance, with the exception of radiological
or microbiological analyses.
“Confined Geologic Formations” are geologic water
bearing formations protected against the entrance of
contamination by other geologic formations.
“Disinfectant” means any oxidant, including but not
limited to chlorine,
chlorine dioxide, chloramines, and
ozone, added to water
in any part of the treatment or
distribution process, which
is intended to kill or
inactivate pathogenic microorganisms.
“Dose Equivalent” means the product of the absorbed
dose from ionizing radiation and such factors as
account for differences in
biological effectiveness due
to the type of radiation and its distribution in the
body as specified by the International Commission on
Radiological Units and Measurements
(ICRU).
“Gross Alpha Particle Activity” means the total
radioactivity due to alpha particle emission as
inferred from measurements on a dry sample.
“Gross Beta Particle Activity” means the total
radioactivity due to beta particle emission as inferred
from measurements on a dry sample.
“Ground Water means au. nucuru.t. or artificially
introduced waters found below the ground surface,
including water from dug,
drilled, bored or driven
wells, infiltration linc3,
and springs. “GROUNDWATER”
MEANS UNDERGROUND WATER WHICH OCCURS WITHIN THE
SATURATED ZONE AND GEOLOGIC MATERIALS WHERE THE FLUID
PRESSURE IN THE PORE SPACE
IS EQUAL TO OR GREATER THAN
ATMOSPHERIC PRESSURE.
(Section
3.64 of the Act)
“Halogen” means one of the chemical elements chlorine,
bromine or iodine.
“Nan-Made Beta Particle and Photon Emitters” means all
radionuclides emitting beta particles and/or photons
listed in Maximum Permissible Body Burdens and Maximum
Permissible Concentration of Radionuclides in Air or
126—138
17
Water for Occupational Exposure, National Bureau of
Standards
(NBS)
Handbook 69, except the daughter
products of thorium—232, uranium—235 and uranium—238.
“Maximum Residence Time Concentration
(MRTC)”
means the
concentration of total trihalomethanes found in a water
sample taken at a point of maximum residence time in
the public water supply system.
“Maximum Total Trihalomethane Potential
(MTP)” means
the maximum concentration of total trihaloimethanes
produced in a given water containing a disinfectant
residual after
7 days at a temperature of 25°Cor
above.
“Official Custodian” means any officer of an
organization which
is the owner or operator of a public
water supply, and
who has direct administrative
responsibility for the supply.
“Persistent Contamination” exists when analysis for
total coliforin is positive in one or more samples of a
routine sample set,
and when three or more subsequent
check samples indicate the presence of contamination.
“Picocurie (pci)” means that quantity of radioactive
material producing 2.22 nuclear transformations per
minute.
“Point of Maximum Residence Time” means that part of
the active portion of the distribution system remote
from the treatment plant where the water has been in
the distribution system for the longest period of time.
“Recurring Contamination” exists when analysis of total
coliform is positive in one or more samples of a
routine sample set,
if this occurs four or more times
in a calendar year.
“Rem” means the unit of dose equivalent from ionizing
radiation to the total body or any internal organ or
organ system.
A “millirem (mrem)”
is 1/1000 of a rem.
“Re—sell Water” means to deliver or provide potable
water, obtained from a public water supply subject to
these regulations, to the consumer, who is then
individually or specifically billed for water service,
or where any monetary assessment
is levied or required
and specifically used for water service.
Water supply
facilities owned or operated by political subdivisions,
homeowners associations,
and not—for—profit
associations,
as well as privately owned utilities
126—139
18
regulated by the Illinois Commerce Commission, are con-
sidered to sell water whether or not a charge is
specifically made for water.
“Service Connection”
is the opening,
including all
fittings and appurtenances,
at the water main through
which water
is supplied to the user.
“Supply” means
a public water supply.
“Surface Water” means all tributary streams and
drainage basins,
including natural lakes and artificial
reservoirs, which may affect a specific water supply
above the point of water supply intake.
“Surface Water Supply Source” means any surface water
used as
a water source for a public water supply.
“Total Trihalomethanes
(TTHM)”
means the sum of the
concentration in milligrams per liter of the
trihalomethane compounds trichloromethane
(chloroform),
dibromochioromethane, bromodichloromethane and
tribromomethane
(bromoform), rounded to two significant
figures.
“Trihalomethane
(THM)” means one of the family of
organic compounds named as derivatives of methane,
wherein three of the four hydrogen atoms in methane are
each substituted by a halogen atom in the molecular
structure.
“Water Main” means any pipe for the purpose of
distributing potable water which serves or is
accessible to more than one property, dwelling, or
rental unit,
and is exterior to buildings.
(Source:
Amended in R89-5 at
_______
Ill.
Reg.
effective
-
)
126—140
19
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE
F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 615
EXISTING ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE
AREA
SUBPART A: GENERAL
Section
615.101
Purpose
615. 102
Definitions
615.103
Incorporations by Reference
615.104
Prohibitions
615.105
General Exceptions
SUBPART B: GROUNDWATER MONITORING REQUIREMENTS
Section
615.201
Applicability
615.202
Compliance Period
615.203
Compliance with Groundwater Standards
615.204
Groundwater Monitoring System
615.205
Groundwater Monitoring Program
615.206
Contaminants to be Monitored
615.207
Sampling Frequency
615.208
Reporting
615.209
Non-Compliance Response Program
615.210
Alternate Non-Compliance Response Program
615.211
Corrective Action Program
SUBPART
C: GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS
Section
615.301
Applicability
615.302
Closure Performance Standard
615 303
Certificateion of Closure
615.304
Survey Plat
615.305
Post-Closure Notice for Waste Disposal Units
615.306
Certification of Completion of Post-Closure Care
615.307
Post-Closure Care Period
SUBPART D:
ON~-SlTELANDFILLS
Section
615.401
Applicability
615.402
Required Closure of Units Located Within Minimum Setback
Zones
615.403
Required Closure of Units Located Within Maximum Setback
Zones
615.404
Required
Closure
of
Units
Located
Within
Regulated
Recharge Areas
126—141
20
SUBPART
E: ~
2~TI LAND TREATMENT UNITS
Section
615.421
Applicability
615.422
Required Closure of Units Located Within Minimum Setback
Zones
615.423
Required Closure of Units Located Within Maximum Setback
Zones
615.424
Land Treatment of Sludges in Maximum Setback Zones
615.425,
Closure and Post-Closure Care
SUBPART
F:
(~
~
SURFACE IMPOUNDMENTS
Section
615.441
Applicability
615.442
Required Closure of Units Located Within Minimum Setback
Zones
615.443
Required Closure of Units Located Within Maximum Setback
Zones
615.444
Groundwater Monitoring
615.445
Inspection Requirements
615.446
Operating Requirements
615.447
Closure and Post-Closure Care
SUBPART G:
WASTE PILES
Section
615.461
Applicability
615 462
ReqUired CTh~re
~
4~3
Design and Operating Requirements
615.46~4~Closure
SUBPART H: UNDERGROUND STORAGE TANKS
Section
615.501
Applicability
615.502
Design and Operating Requirements
SUBPART
I: PESTICIDE
STORAGE
AND HANDLING UNITS
Section
615.601
Applicability
615.602
Groundwater Monitoring
615.603
Design and Operating Requirements
615.604
Closure and Post—Closure Care
SUBPART J: FERTILIZER STORAGE
AND
HANDLING
UNITS
Section
615.621
Applicability
615.622
Groundwater Monitoring
615.623
Design and Operating Requirements
126—142
21
615.624
Closure
and
Post-Closure
Care
SUBPART K: ROAD OIL STORAGE AND HANDLING UNITS
Section
615.701
Applicability
615.702
Required Closure of Units Located Within Minimum Setback
Zones
615.703
Groundwater Monitoring
615.704
Design
and
Operating
Requirements
for
Above-Ground
Storage Tanks
615.705
Closure
SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS
Section
615.721
Applicability
615.722
Groundwater Monitoring
615.723
Design and Operating Requirements
615.724
Closure
AUTHORITY:
Implementing
Sections
5,
14.4,
21,
and
22,
and
authorized by Section
27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111 1/2, pars.
1005,
1014.4,
1021,
1022,
and
1027)
SOURCE:
Adopted
in R89-5
at
Ill.
Reg.
_________________
effective _________________________
NOTE:
CAPITALIZATION
DENOTES
STATUTORY
LANGUAGE.
SUBPART
A:
GENERAL
Section
615.101
Purpose
This Part prescribes requirements and standards for the protection
of
groundwater
for
certain
types
of
existing
facilities
or
units
located
wholly
or
partially
within
a
setback
zone
regulated
by
the
Act
or
within
a
regulated
recharge
area
as
delineated
pursuant
to
Section
17.4
of
the
Act.
Section
615.102
Definitions
Except
as
stated
in
this
Section,
and
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 those used in the
Act
or
the
Illinois
Groundwater Protection Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
7451
et
seq.):
“Above—ground
storage
tank”
means
a
storage tank that is
not
an
underground storage tank.
126— 143
22
“Act”
means
the
Environmental
Protection
Act
(Ill.
Rev.
Stat.
1989,
ch.
111
1/2,
pars.
1001
et seq.)
“Agency”
means
the
Illinois
Environmental
Protection
Agency.
“Board”
means
the Illinois Pollution Control Board.
“Certification”
means
a
statement of professional opinion
based
upon
knowledge
and
belief.
“COMMUNITY
WATER
SUPPLY”
MEANS
A
PUBLIC
SUPPLY
WHICH
SERVES
OR
IS
INTENDED
TO
SERVE
AT
LEAST
15
SERVICE
CONNECTIONS
USED
BY
RESIDENTS OR REGULARLY SERVES AT
LEAST 25 RESIDENTS.
(Section 3.05 of the Act)
“Compliance
point”
means
any
point
that
i3
located
immcdiatcl~ beneath
a unit boundary and within
a
in
groundwater designated at 35
Ill.
Adm. Code 620.Subpar?
B
as
a
Class
I
through
III
groundwater,
at
a
hydraulically
downgradient
point
of
groundwater
flow.
If
groundwater
flow
directions
vary
temporally
or
vertically,
t
at.
~hith~
~ ~ntaminarit
~lea~ed
from
th~
unit
could
pass
underneath
tb~
unit
boundary
There
may
be
more
than
one
compliance
point
E~r~
1±~uiaD
unit
“Commencement
of
construction”
means
that
ALL
NECESSARY
FEDERAL,
STATE,
AND
LOCAL
APPROVALS
HAVE
BEEN
OBTAINED,
AND
WORK
AT
THE
SITE
HAS
BEEN
INITIATED
AND
PROCEEDS
IN
A
REASONABLY
CONTINUOUS
MANNER TO COMPLETION.
(Section
3.58 of the Act)
“Container”
means
any portable
device
(including,
but
not limited
to,
55 gallon drums)
in which material
is
stored,
treated,
disposed
or
otherwise
handled.
The
term
“container” does not include a vehicle used to transport
material.
“Containerized” means being in a container.
“CONTAMINANT”
IS
ANY
SOLID,
LIQUID, OR GASEOUS MATTER,
ANY
ODOR,
OR ANY
FORM
OF
ENERGY,
FROM
WHATEVER
SOURCE.
(Section 3.06 of the Act)
“CONTAMINATION”
OR
“CONTAMINATE”
WHEN
USED IN CONNECTION
WITH
GROUNDWATER,
MEANS
WATER
POLLUTION
OF
SUCH
GROUNDWATER.
(Section
3.63
of
the
Act)
“Date
of
first
applicability”
means
the
effective
date
of
this
Part
for
any
unit
located within
a
minimum
except
that:
126— 144
23
If
a unit
is
first
incorporated
into any setback
zone
by
an
ordinance
or
regulation
that
establishes
a
maximum
setback
zone,
the
date
of
first
applicability
is
the effective date of this Part or
the
effective
date
of
the ordinance or regulation
that
establishes
the maximum setback zone, whichever
is
later;
or
If
a
unit
is
located
in
a
part
of
a
regulated
recharge
area
that
was
not previously part
of
a
setback
zone,
the
date
of
first
applicability
is
the
effective
date
of
the
ordinance
or
regulation
that establishes the regulated recharge area.
“De—Icing
agent”
means
a
chemical
used
for
de—icing,
including but not limited to sodium chloride and calcium
chloride.
Sand,
ashes,
or
other
abrasive
materials
that
do
not
alter
the freezing
point
of water are not de—
icing agents.
“Detection” means the identification of a contaminant in
a sample at a value equal to or greater than the:
“Method
Detection
Limit”
or
“MDL”,
which
means
the
minimum
concentration of
a substance that
can
be
measured as reported with 99 percent confidence that
the true value is greater than zero pursuant to 54
Fed
fleg
22100 56
Fed
Reg
3526-3597, incorporated
.
; or
“Method Quantitation Limit”
or
“MQL”,
which means
the minimum concentration of a substance that can
be measured and reported pursuant to “Test Methods
for
Evaluating
Solid
Wastes,
Physical!
Chemical
Methods”,
incorporated
by
reference
at
Section
615.103.
“Dike” means an embankment or ridge of either natural or
manmade
materials
used
to
prevent
the
movement
of
liquids,
sludges,
solids,
or
other
materials.
“Discharge” means the accidental or intentional spilling,
leaking, pumping, pouring1 emitting, emptying or dumping
of
any
material
onto
or
on
any
land
or
water.
“DISPOSAL”
MEANS
THE
DISCHARGE,
DEPOSIT,
INJECTION,
DUMPING,
SPILLAGE,
LEAKING
OR
PLACING
OF
ANY WASTE OR
HAZARDOUS
WASTE
INTO OR
ON
ANY
LAND
OR
WATER
OR
INTO
ANY
WELL
SO
THAT
SUCH
WASTE
OR
HAZARDOUS
WASTE
OR
ANY
CONSTITUENT
THEREOF
MAY
ENTER
THE
ENVIRONMENT
OR
BE
EMITTED
INTO
THE
AIR
OR
DISCHARGED
INTO
ANY WATERS,
INCLUDING GROUNDWATERS.
(Section
3.08 of the Act)
126— 145
24
“Existing
unit”
means
a
unit
that
was
in
operation
or
for which
there
is
commencement
of
construction
on or
before the date
of first
applicability,
except that a
unit is not an existing unit if the unit:
Expands
iaterally
beyond the
otirrently permitted
boundaty,
or the unit boundary if the unit is not
permitted,
in
existence
after
the
da~t~
of
fir~
applicability;
or
~Is
part
of
a
facility
that
undergoes
major
reconstruction
after
the
date
of
first
applicability;
or
Reopens
at
any
time
after
having
submitted
a
certification of closure to the Agency.
“Facility”
means
all
contiguous
land
and
structures,
other appurtenances and improvements on the
land used
for the treating, storing, handling,
or disposal of any
material
which
causes
that
unit
to
be
regulated
under
this
Part.
A
facility
may
consist of one or more units.
“Freeboard”
means
the
vertical
distance between the top
of
a
tank
or
dike
and
the
surface
of
the
material
contained therein.
“Free liquids” means liquids which readily separate from
the solid portion of a waste under
ambient temperature
and pressure.
To demonstrate the absence or presence of
free liquids in either a containerized or a bulk waste,
the following test must be used:
Method
9095
(Paint
Filter Liquids Test)
as described
in
“Test Methods for
Evaluating Solid Wastes, Physical/Chemical Methods”
(EPA
Publication
No.
SW—846),
incorporated
by
reference
at
Section 615.103.
“GROUNDWATER” MEANS UNDERGROUND WATER WHICH OCCURS WITHIN
THE SATURATED
ZONE
AND
GEOLOGIC
MATERIALS
WHERE
THE
FLUID
PRESSURE IN THE PORE SPACE
IS EQUAL TO OR GREATER THAN
ATMOSPHERIC PRESSURE.
(Section 3.64 of the Act)
“Groundwater standards” means the water quality standards
for groundwater adopted by the Board under Section
8 of
the Illinois Groundwater Protection Act
(Ill. Rev. Stat.
1989,
ch.
111 1/2, par. 7458)
and found at
35 Ill.
Adm.
Code 620.
“HAZARDOUS
WASTE”
MEANS
A
WASTE,
OR
COMBINATION
OF
WASTES, WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION, OR
PHYSICAL,
CHEMICAL,
OR
INFECTIOUS
CHARACTERISTICS
MAY
126—146
25
CAUSE
OR
SIGNIFICANTLY
CONTRIBUTE
TO
AN
INCREASE
IN
MORTALITY
OR
AN
INCREASE
IN
SERIOUS,
IRREVERSIBLE,
OR
INCAPACITATING
REVERSIBLE,
ILLNESS; OR POSE A SUBSTANTIAL
PRESENT
OR
POTENTIAL
HAZARD
TO
HUMAN
HEALTH
OR
THE
ENVIRONMENT
WHEN
IMPROPERLY TREATED,
STORED,
TRANSPORTED,
OR
DISPOSED
OF,
OR
OTHERWISE
MANAGED,
AND
WHICH
HAS
BEEN
IDENTIFIED,
BY
CHARACTERISTICS
OR
LISTING,
AS
HAZARDOUS
PURSUANT
35
Ill.
Adm.
Code
721.
(Section
3.15
of
the
Act)
“Incompatible
material”
means
a
material
which
may:
Cause
corrosion
or
decay
of
containment
materials
(e.g.,
container
inner
liners
or
tank
walls);
or
When
commingled
with
another
material,
produces
heat
or
pressure,
fire,
explosion,
violent
reaction,
toxic
dusts,
m~ts,
fumes
or
gases,
or
flammable
fumes
or
gases.
“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.
“LANDSCAPE
WASTE”
MEANS
ALL
ACCUMULATIONS
OF
GRASS
OR
SHRUBBERY
CUTTINGS,
LEAVES,
TREE
LIMBS
AND
OTHER
MATERIALS
ACCUMULATED
AS
THE
RESULT
OF
THE
CARE
OF
LAWNS,
SHRUBBERY,
VINES
AND
TREES.
(Section
3.20 of the Act)
“Land.
application
üflit”.:i~ie.ànS:aflarea
where..wastes
are
agronomically
spread
over,
or
disked
into
land
or
otherwise
applied
so
as
to~becbme~incorporated
into
the
soil surface.
“Land
treatment”
means
the
application
of
waste
onto
or
incorporation
of
waste
into
the
soil surface... .For the
purposes
of
this
Part.a
land:application
unit
is
a
land
treatment
unit.
“Leachate”
means
any
liquid,
including
suspended
components
in
the
liquid,
that
has
percolated
through
or
drained
from
a
material.
“Licensed
water
well
contractor”
means
a
person
licensed
under the Water Well and Pump Installation Contractor’s
License Act
(Ill.
Rev.
Stat.
1989,
ch.
111,
pars.
7101
et seq.,
as amended).
“Liner” means
a continuous layer of natural
or manmade
materials
beneath
or
on
the
side
of
a
surface
impoundment,
landfill,
landfill
cell,
waste
pile,
or
126—147
26
storage
pile
which
restricts
the downward
or
lateral
escape of waste,
waste constituents, leachate or stored
materials.
“Major reconstruction” means commencement of construction
at
a
facility
where
the
fixed
capital
cost of the new
components constructed within a 2—year period exceeds 50
of the fixed capital cost of
a comparable entirely new
facility
Newt
~o~nponents
dø
x~ot
in~iude a~y
ne~
c~ponentsn~
“New
unit”
means
a unit that
is not an existing unit.
“NON-COMMUNITY WATER SUPPLY”
MEANS
A PUBLIC WATER SUPPLY
THAT IS NOT A COMMUNITY WATER SUPPLY.
(Section 3.05 of
the Act)
“Non—special
waste”
means
a
waste
that
is not a special
waste.
“Off—site”
means
not
on—site.
“On—site”,
“on
the
site”,
or
“on
the
same
site”
means
the same or geographically contiguous property which may
be divided by public or private right-of-way, provided
the entrance and exit between the properties
is
at
a
crossroads
intersection and
access
is by
crossing
as
opposed to going along the right-of-way.
Noncontiguous
properties owned by the same person but connected by a
right-of-way which he controls and to which the public
does not have access is also considered on—site property.
“Operator” means the person responsible for the operation
of
a
site,
facility
or
unit.
“Owner”
means
the person who owns
a site,
facility
or
unit or part
of a site,
facility or unit,
or who owns
the land on which the site,
facility or unit is located.
“PESTICIDE” MEANS ANY SUBSTANCE OR MIXTURE OF SUBSTANCES
INTENDED
FOR
PREVENTING,
DESTROYING,
REPELLING,
OR
MITIGATING
ANY
PEST
OR
ANY
SUBSTANCE
OR
MIXTURE
OF
SUBSTANCES
INTENDED
FOR
USE
AS
A
PLANT
REGULATOR,
DEFOLIANT
OR
DESICCANT.
(Section
3.71
of
the
Act)
“Pile”
means
any
noncontainerized accumulation of solid,
non-flowing
material
that
is
used
for
treatment~,
e~
storage ~
“POTABLE”
MEANS
GENERALLY
FIT
FOR
HUMAN CONSUMPTION IN
ACCORDANCE
WITH ACCEPTED
WATER
SUPPLY
PRINCIPLES
AND
PRACTICES.
(Section
3.65 of the Act)
126—148
27
“PUBLIC
WATER
SUPPLY”
MEANS
ALL
MAINS,
PIPES
AND
STRUCTURES
THROUGH
WHICH
WATER
IS
OBTAINED
AND
DISTRIBUTED
TO
THE
PUBLIC,
INCLUDING
WELLS
AND
WELL
STRUCTURES,
INTAKES
AND
CRIBS,
PUMPING
STATIONS,
TREATMENT
PLANTS,
RESERVOIRS,
STORAGE
TANKS
AND
APPURTENANCES, COLLECTIVELY OR SEVERALLY, ACTUALLY USED
OR INTENDED FOR USE FOR THE PURPOSE OF FURNISHING WATER
FOR DRINKING OR GENERAL DOMESTIC USE
AND WHICH SERVE AT
LEAST 15 SERVICE CONNECTIONS OR WHICH REGULARLY SERVE AT
LEAST
25
PERSONS AT LEAST
60 DAYS PER YEAR.
A PUBLIC
WATER SUPPLY
IS EITHER A “COMMUNITY WATER SUPPLY” OR A
“NON-COMMUNITY WATER SUPPLY”.
(Section 3.28 of the Act)
“Reactive material” means a material which meets one or
more of the following criteria:
It
is
normally
unstable
and
readily
undergoes
violent change without detonating;
It reacts violently with water;
It forms potentially explosive mixtures with water;
When mixed with water,
it generates
toxic gases,
vapors, or fumes in a quantity sufficient to present
a danger to human health or the environment;
It
is
capable of detonation or explosive reaction
if it
is subject to a strong initiating source,
or
if heated under confinement;
It
is
readily capable
of
detonation
or explosive
decomposition
or reaction
at standard temperature
and pressure;
or
It is a forbidden explosive as defined
in 49
CFR
173,
incorporated by reference at Section 615.103,
or a Class A explosive as defined in
49 CFR 173.53
or a Class B explosive as defined in
49 CFR 173.88.
“Registered
land
surveyor”
means
a
person
registered
under the Illinois Land Surveyors Act
(Ill.
Rev.
Stat.
1989,
ch.
lii, pars.
3201 et seq.).
“Practical quantitation limit”
“PQL”
~fl
“~L~
tho
Waste, Physical/Chemical Methods,” EPA Publication
SW-846,
incorporated by reference at Section 615.103.
126—149
28
“Registered
professional
engineer”
means
a
person
registered under the Illinois Professional Engineering
Act
(Ill.
Rev. Stat.
1989,
ch.
111, par. 5101 et seq.).
“REGULATED
RECHARGE
AREA”
.
MEANS
A
COMPACT
GEOGRAPHIC
AREA,
AS
DETERMINED
BY
THE
BOARD
pursuant
to
Section
17.4
of
the
Act,
THE
GEOLOGY OF WHICH
RENDERS
A
POTABLE
RESOURCE
GROUNDWATER
PARTICULARLY
SUSCEPTIBLE
TO
CONTAMINATION.
(Section
3.67 of the Act)
“Road oil” means slow—curing asphaltic oils which show
no
separation on
~.tanding and which are used for road
construction, maintenance or repair.
“Runoff” means any rainwater,
leachate or other liquid
that drains over land from any part of a facility.
“Run—on” means any rainwater,
leachate or other
liquid
that drains over land onto any part of a facility.
“Secondary containment structure” means any structure or
basin intended to contain spills and prevent runoff or
leaching from piles,
containers,
or
tanks
and related
piping.
“SETBACK
ZONE”
MEANS
A
GEOGRAPHIC
AREA,
DESIGNATED
PURSUANT TO THIS ACT, CONTAINING A POTABLE WATER SUPPLY
WELL OR A POTENTIAL SOURCE OR POTENTIAL ROUTE HAVING A
CONTINUOUS
BOUNDARY,
AND
WITHIN
WHICH
CERTAIN
PROHIBITIONS OR REGULATIONS ARE APPLICABLE
IN ORDER TO
PROTECT GROUNDWATERS.
(Section 3.61 of the Act)
“SITE” MEANS
ANY LOCATION,
PLACE,
TRACT OF
LAND,
AND
FACILITIES,
INCLUDING BUT NOT LIMITED TO BUILDINGS,
AND
IMPROVEMENTS USED FOR PURPOSES SUBJECT TO REGULATION OR
CONTROL BY THIS ACT OR REGULATIONS THEREUNDER.
(Section
3.43
of the Act)
“SLUDGE”
MEANS ANY~SOLID, SEMI-SOLID,. OR
LIQUID WASTE
GENERATED FROM A MUNICIPAL,
COMMERCIAL,
OR
INDUSTRIAL
WASTEWATER TREATMENT •p~LANT•WATER SUPPL? TREATMENT PLANT,
OR AIR POLLUTION CONTROL:~FACILITYOR ANY. OTHER SUCH WASTE
HAVING
SIMILAR CHARACTERISTICS
AND
EFFECTS.
(Section
3.44 of the Act)
.
.
.
“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)
“STORAGE” means the holding or containment of a material,
126—150
29
either on a temporary basis or for
a period of years,
in
such
manner
as
not
to
constitute
disposal
of
such
material.
“Surface
impoundment”
means
a
natural
topographical
depression,
man—made excavation,
or diked area that is
designed
to
hold
liquid
wastes
or
wastes
containing
free
liquids.
“Surface water” means all waters that are open to the
atmosphere.
“Tank” means a stationary device, designed to contain an
accumulation
of
material
which
is
constructed
of
non—earthen
materials
(e.g.,
wood,
concrete,
steel,
plastic)
which provide
structural
support.
The term
“tank”
does
not
include
areas
used
to
accumulate
materials prior to pumping to tanks or containers
(i.e.,
sump pits)
or associated piping.
The term “tank” does
not include vehicles used to transport material.
“Treatment”
means
any
method,
technique
or
process,
including
neutralization,
designed
to
change
the
physical, chemical or biological character or composition
of any material so as to neutralize such material, or so
as
to recover
energy
or material
resources
from the
material or so as to render such material nonhazardous
or less hazardous; safer to transport,
store or dispose
of,
or amenable
for recovery,
amenable for storage
or
reduced in volume.
“Underground
storage
tank”
means
a
storage
tank
as
defined at 35 Ill.
Adm. Code 731.101(f).
“UNIT” MEANS ANY
DEVICE,
MECHANISM,
EQUIPMENT,
OR AREA
(EXCLUSIVE
OF
LAND
UTILIZED
ONLY
FOR
AGRICULTURAL
PRODUCTION).
(Section 3.62 of the Act)
“Unit
boundary”
means
a
line
at
the
land’s
surface
circumscribing the area on which,
above which or below
which waste,
pesticides,
fertilizers,
road oils or de—
icing agents will
be placed during the active
life of
the facility.
The space taken up by any liner, dike or
other
barrier
designed
to
contain
waste,
pesticides,
fertilizers,
road oils or de-icing agents
falls within
the unit boundary.
“WASTE” MEANS ANY GARBAGE, SLUDGE FROM A WASTE TREATMENT
PLANT,
WATER
SUPPLY TREATMENT
PLANT,
OR AIR POLLUTION
CONTROL FACILITY OR OTHER DISCARDED MATERIAL,
INCLUDING
SOLID, LIQUID, SEMI-SOLID, OR CONTAINED GASEOUS MATERIAL
RESULTING
FROM
INDUSTRIAL,
COMMERCIAL,
MINING
AND
126— 15 1
30
AGRICULTURAL OPERATIONS, AND
FROM COMMUNITY ACTIVITIES,
BUT DOES NOT INCLUDE:
INDUSTRIAL
DISCHARGES
WITH
NPDES
PERMITS
ISSUED
PURSUANT
TO
35
ILL.
ADM.
CODE
309;
sOURCE;
SPENT
NUCLEAR,
OR BY-PRODUCT MATERIALS AS
DEFINED BY THE ATOMIC ENERGY ACT OF 1954
(42 U.S.C.
2014)
;
ANY SOLID OR DISSOLVED MATERIAL FROM ANY
MATERIAL
SUBJECT TO
62
ILL.
ADM.
CODE
1700
THROUGH
1850.
(Section 3.53 of the Act)
“Waste pile” means a pile consisting of waste ~~it.which
has a total volume greater than 10 cubic yards or within
which the
waste
remaths for
mor’e
tha~whichis atored for
over 90 days.
“WATERS” MEANS ALL ACCUMULATIONS OF WATER,
SURFACE AND
UNDERGROUND, NATURAL, AND ARTIFICIAL, PUBLIC AND PRIVATE,
OR PARTS THEREOF, WHICH ARE WHOLLY OR PARTLY WITHIN, FLOW
THROUGH, OR BORDER UPON THIS STATE.
(Section 3.56 of the
Act)
“WELL” MEANS A BORED,
DRILLED OR DRIVEN
SHAFT,
OR DUG
HOLE,
THE DEPTH OF WHICH
IS GREATER
THAN THE LARGEST
SURFACE DIMENSION.
(Section 3.57 of the Act)
Section 615.103
Incorporations by Reference
a)
The
Board
incorporates
the
following
material
by
reference:
GPO.
Superintendent of Documents,
U.S. Government
Printing Office, Washington,
D.C. 20401,
(202) 783—
3238:
National Primary Drinking Water Regulations,
Final
Rule,
56
Fed.
Reg.
3526—3597
(January
30,
1991,
Shippers—General
Requirements
for
Shipments
and Packagings,
49 CFR 173
(1990).
NTIS.
National Technical Information Service,
5285
Port Royal Roads
Springfield, VA 22161
(703)
487—
4600.
“Test
Methods
for
Evaluating
Solid
Wastes,
Physical/Chemical
Methods”,
EPA
Publication
No. SW-846 (Third Edition,
1986,
as amended by
126—152
31
Revision
I
(December
1987),
Doe. No
PB
89—
14~j7~:
1)
49
CFR
173
(1938)
2-)-
“Test
Methods
for
Evaluating
Solid
Wastes,
Physical/Chemical Methods,” EPA Publication No. SW-
846
(Third Edition,
1986, as amended by Revision
I
(December 1987)).
(Available from: Cuperintendent
of
Documen1~
U.C.
Government
rr
1~rirc
Office,
Washington,
D.C.
20401,
(202 783—3238)).
b)
This
Section
incorporates
no
later
amendments
or
editions.
Section 615.104
Prohibitions
No person shall cause or allow the construction, u~eor operation
of any facility
or unit
in violation
of the Act or regulations
adopted by the Board thereunder,
including but not limited to this
Part.
Section 615.105
General Exceptions
This Part does not apply to any facility or unit,
or to the owner
or operator of any facility or unit:
a)
For which the owner or operator obtains certification of
minimal hazard pursuant to Section
14.5 of the Act; or
b)
For
which
alternate
requirements
are
imposed
in
an
adjusted
standard
proceeding
or
as
part
of
a
site—
specific rulemaking,
pursuant to Title VII of the Act;
or
c)
For
which
alternate
requirements
are
imposed
in
a
regulated recharge area proceeding pursuant to Section
17.4 of the Act; or
d)
That is LOCATED ON THE SAME SITE AS A NON-COMMUNITY WATER
SYSTEM WELL AND FOR WHICH THE OWNER IS THE SAME FOR BOTH
THE facility or unit
AND
THE WELL.
(Section 14.4(b)
of
the Act);
or
e)
That
is
located WITHIN
A REGULATED RECHARGE
AREA AS
DELINEATED
in 35
Ill.
Adm.
Code 617, PROVIDED THAT:
1)
THE
BOUNDARY
OF
THE
LATERAL
AREA
OF
INFLUENCE
OF
A
COMMUNITY
WATER
SUPPLY
WELL
LOCATED
WITHIN
THE
REGULATED
RECHARGE
AREA
does
not
INCLUDE
SUCH
facility or unit THEREIN;
126—15
3
32
2)
THE
DISTANCE
FROM THE WELLHEAD OF
THE COMMUNITY
WATER SUPPLY TO THE facility or unit EXCEEDS 2500
FEET; AND
3)
THE COMMUNITY WATER SUPPLY WELL WAS not IN EXISTENCE
PRIOR TO JANUARY
1,
1988.
(Section
14.4(b)
of the Act).
f)
Nothing in this Section shall limit the authority of the
Board
to
impose
requirements
on
any
facility
or
unit
within
any portion
of
any
setback
zone
or
regulated
recharge
area
as
part
of
any
adjusted
standard
proceeding,
site specific
rulemaking
or
a
regulatory
proceeding
establirthing
the
rcgulated
recharr~
areapursuant to the Act
SUBPART B:
GROUNDWATER MONITORING REQUIREMENTS
Section 615.201
Applicability
This Subpart applies to:
a)
Surface impoundments subject to Subpart F;
b)
Pesticide storage and handling units subject to Subpart
I;
c)
Fertilizer storage and handling units subject to Subpart
d)
Road oil storage and handling units subject to Subpart
K; and
e)
De-icing
agent
storage
and handling
units
subject
to
Subpart L.
Section 615.202
Compliance Period
The compliance period is the active
life
of the unit,
including
closure and post—closure care periods.
a)
The
active
life
begins
when
the
unit
first
begins
operation
or
one
year
after
the
date
of
first
applicability, whichever occurs later, and ends when the
post—closure care period ends.
b)
The
post-closure
care
period
for
units
other
than
pesticide storage and handling units subject to Subpart
I and fertilizer storage and handling units subject to
Subpart
J,
is
five
years
after
closure,
except
as
126—154
33
provided at Section 615.211(e).
c)
The post-closure care period for pesticide storage and
handling units subject to Subpart
I
and for fertilizer
storage and handling units subject to Subpart J is three
years
after
closure,
except
as
provided
at
Section
615.211(e)
d)
Subsections (b),
(c) and (d) notwithstanding, there shall
be
no
post—closure
care
period
if
all
waste,
waste
residues, contaminated containment system components and
contaminated subsoils are removed or decontaminated at
closure,
and
there
is
no
ongoing
corrective
action
pursuant to Section 615.211.
Section 615.203
Compliance with Groundwater Standards
The
owner or operator shall comply with the groundwater standards.
a)
The term of compliance
is the compliance period.
b)
Compliance shall be measured at the compliance point, or
compliance points
if more than one such point exists.
Section 615.204
Groundwater Monitoring System
a)
Except
as
provided
otherwise
in
subsection
(b),
the
groundwater
monitoring
system
must
consist
of
a
sufficient
number
of
wells,
installed
at
appropriate
locations and depths to yield groundwater samples, that:
1)
Represent the quality of background water that has
not been affected by contamination from
the facility
or unit; and
2)
Represent the quality of groundwater at compliance
point or points.
b)
If a potable
~
well
o~otherwa
can be used
as
a monitoring
well pursuant to this
subsection,
no
additional
monitoring
wells
are
required
under
this
Section
A potable water well or other water well may
be used as a monitoring
well
if:
1)
ine unit
i~
.~ocateawitnin
a aec~ac~zone
tor
a
potable well other
than a
community water
supply
weilFor a potable water well other than a community
water supply well,
a construction report has been
filed with the I11i~oisDepartment of Public Health
for such well,
•or such well has been located
and
constructed
(or reconstructed) •to meet the Illinois
Water Well Construction Code (Ill. Rev. Stat. 1989,
126—155
34
2)
The well ha~been inspected by a licensed water well
contractor,For a water well other than
a potable
water well
(e.g.,
a Iwestock watering well or an
irrigation well),
the
owner
or operator
of the unit
seeking
to
i~se the
well
as
a
monitoring
well
certifies to the Agency that a construction report
has
been
filed: with
~the
:;Illinois
Department
of
Public Health or the Illinois Department o~Mines
and Minerals
for such well,
or that such well has
been located and constructed
(or reconstructed) to
inset the Illinois Water Well Construction Code (Ill
Rev.
Stat.. 1989,ch. 111 1/2.,..~pars.l16.111etseq.,
as amended) and 35 Ill
Adin
,
Code 920,
and
3)
‘i.’ne
owner
or
operator
or
cne unit
seeicing to use
the well
as
a
monitoring
well
certifies
to
the
Agency that the well is constructed in accordance
with the Illinois Water Well Construction Code (Ill.
R~v
Pf~t..
1’)fl’)
rh
111
1/~
r~r~
111.•~1~1
~-
seq.,
Code 028,
the
.~
ith the criteria
adopted by the Agency pursuant to 35 Ill. Adm. Code
6c)211c~
nritl
n~
amended) and 35
Ill.
~
.4
——.—.—.,..-~—
-
tna-t
4-)-
The unit treats
and
d
solely non-
special waste if the unit is asürface impoundment.
c)
If
a
facility
contains more
than
one
unit,
separate
groundwater monitoring systems are not required for each
unit,
provided
that
provisions
for
sampling
the
groundwater
will
enable
detection
and measurement
of
contaminants that have entered the groundwater from all
units.
d)
All
monitoring
wells
must
meet
the
following
requirements:
1)
Construction must be done
in
a
manner
that will
enable the collection of groundwater samples;
2)
Casings
and
screens
must
be
made
from
durable
material that is resistant to expected chemical or
physical degradation and that does
not interfere
with
the
quality
of
groundwater
samples
being
collected; and
3)
The annular space opposite the screened section of
the well (i.e., the space between the bore hole and
well screen) must be filled with gravel or sand
if
126—156
35
necessary
to
collect
groundwater
samples.
The
annular space above and below the well screen must
be
sealed
to
prevent
migration
of
water
from
overlying ad3acent formations and the surface to
the sampled
depth
Section 615.205
Groundwater Monitoring Program
The
owner
or
operator
shall
develop
a
groundwater
monitorinç,
program, that consists of:
a)
Consistent
sampling and
analysis procedures
that
are
designed
to
ensure monitoring
results
that provide
a
reliable
indication
of
groundwater
quality below
the
unit.
At
a minimum the program must include procedures
and
techniques
for:
1)
Sample collection;
2)
Sample preservation and shipment;
3)
Analytical procedures;
and
4)
Chain of custody control.
b)
Sampling and analytical methods that are appropriate for
groundwater monitoring and that allow for detection and
quantification of contaminants specified in this Subpart,
and that are consistent with the sampling and analytical
methods specified in
35 Ill.
Adm. Code 620.
c)
A determination of the groundwater head elevation each
time
groundwater
is
sampled.
A determination
of the
groundwater head elevation is not required for samples
taken
from
a
potable
well
used
as
a monitoring
well
pursuant
to
Section
615.204(b).
d)
A determination at least annually of the groundwater flow
rate and direction.
e)
If the owner or operator determines that the groundwater
monitoring program no longer satisfies the requirements
of this Section, the owner or operator shall, within 90
days,
make appropriate changes to the program and shall
notify the Agency of such changes when submitting the
groundwater monitoring reports under Section 615.208.
Section 615.206
Contaminants to be Monitored
a)
The owner
or operator shall monitor for all parameters
that meet the following criteria, except as provided in
subsections
(b) and
(c):
126—157
36
1)
Material
containing
such
parameter
is
stored,
disposed,
or otherwise handled at the site;
and
2)
There is a groundwater standard for such parameter.
b)
The owner or operator of a unit subject to Subpart
I for
the storage and handling of pesticides shall monitor for
five
specific
pesticides
or
five
groups
of
chemically-similar pesticides stored or handled at the
unit
that
are
the
most
likely
to
enter
into
the
groundwater from the unit and that are the most toxic.
The owner
or operator
shall
choose the five specific
pesticides
or
five
groups
based
upon
the
following
criteria:
1)
The volume
of material stored
or handled
at the
unit;
2)
The leachability characteristics of the pesticides
stored or handled at the unit;
3)
The
toxicity
characteristics
of
the
pesticides
stored or handled at the unit;
4)
The history of spillage of the pesticides stored or
handled at the unit; and
5)
Any groundwater standards for the pesticides stored
or handled at the unit.
c)
The owner or operator of a unit subject to Subpart J for
the storage and handling of fertilizers shall monitor for
pH, specific conductance, total organic carbon, nitrates
as nitrogen, and ammonia nitrogen.
Section 615.207
Sampling Frequency
a)
The owner or operator shall determine whether groundwater
standards have been exceeded at each monitoring well at
least quarterly during the compliance period,
except as
provided otherwise
in
subsections
(b),
(c)
or
Section
615.209(b)
b)
The owner or operator of a unit subject to Subpart I for
the storage and handling of pesticides or Subpart J for
the storage and handling of fertilizer may substitute the
quarterly
determination
of
subsection
(a)
with
a
determination
at
least
semi—annually
provided
that
eachall of the following conditions
is met
1)
The
unit
is
in
compliance
with
the
containment
126—158
37
requirements of 8 Ill.
Adm. Code 255;
2)
There have been no detections within the preceding
two
years
in any of the monitoring
wells
of
any
contaminant stored or handled at the facility or of
any contaminant attributable
to
operation of
the
unit; and
3)
No
reportable
agrichemical
S
pursuant
to
8
Ui.
Adin
Code
255,. have occurred at
the
facility with
the
tv~oyears.
c)
The owner or operator of a unit subject to Subpart K for
the storage and handling of road oils or Subpart L for
the
storage
and
handling
of
de-icing
agents
shall
determine
whether
groundwater
standards
have
been
exceeded at each monitoring well at least annually during
the compliance
period,
except
as provided
at
Section
615.209(b).
Section 615.208
Reporting
The
owner
or
operator
shall
submit
results
of
all
monitoring
required pursuant
to
this
Subpart
to the Agency within
60
days
after completion of sampling.
Section 615.209
Non-Compliance Response Program
If monitoring
results collected pursuant to Sections 615.206 and
615.207
show that
a groundwater standard has been exceeded,
the
owner or operator shall:
a)
Notify the Agency of
this finding when submitting the
groundwater
monitoring
results
required
pursuant
to
Section 615.208.
The notification must indicate which
groundwater standards have been exceeded.
b)
Resample the groundwater within
3 days in all monitoring
wells where a groundwater standard has been exceeded and
redetermine
the
presence
and
concentration
of
each
parameter required pursuant to Section 615.206,
except
that:
1)
If the unit is subject to Subpart I for the storage
and related handling of pesticides,
resample the
groundwater within
3 days
in all monitoring wells
where a groundwater standard has been exceeded and
determine the presence
and concentration
in
each
such
sample
of
each
pesticide
previously
and
presently
stored or handled at the unit.
2)
If the unit is subject to Subpart J for the storage
126—159
38
and related handling of fertilizers, monitor monthly
for the parameters set forth in Section 615.206(c)
until
the
groundwater
standard
is
no
longer
exceeded.
c)
Submit the results of sampling required under subsection
(b)
when
submitting
the groundwater
results
required
pursuant to Section 615.208.
d),
Prepare an engineering feasibility plan for a corrective
action program designed to achieve the requirements of
Section 615.211.
This plan shall
be
submitted
to the
Agency in writing within 120 days after the date on which
the sample results are submitted to the Agency
pursuant
to subsection
(C),
unless:
1)
None of the parameters identified under subsection
(b) exceed the groundwater standards;
or
2)
The owner or operator makes a demonstration pursuant
to Section 615.210.
e)
Begin
the
corrective
action
program
specified
in
subsection
(d)
within 120 days
after the date on which
the sample results are submitted to the Agency pursuant
to subsection
(c), unless:
1)
None of the parameters
identified under subsection
(b) exceed the groundwater standards;
or
2)
The owner or operator makes a demonstration pursuant
to Section 615.210.
Section 615.210
Alternate Non-Compliance Response Program
If the groundwater sampling required pursuant to Section 615.207
shows that a groundwater standard has been exceeded, it is presumed
that
contamination
from
the
facility
or
unit
that
is
being
monitored is responsible for the standard being exceeded.
An owner
or operator may overcome that presumption by making
a clear and
convincing demonstration that a source other than the facility or
unit
that
is
being monitored
caused the exceedence
or that the
exceedence resulted from error in sampling, analysis or evaluation.
In making such demonstration the owner or operator shall:
a)
Notify the Agency that the owner or operator intends to
make a demonstration under this Section when submitting
the groundwater monitoring results required pursuant to
Section 615.208.
b)
Submit a report to the Agency that demonstrates that a
source other than a facility or unit for which he is the
126—160
39
owner or operator caused the groundwater standard to be
exceeded,
or that the groundwater standard was exceeded
due to an
error
in
sampling,
analysis
or
evaluation.
Such report must be included with the next submission of
groundwater
monitoring
results
required
pursuant
to
Section 615.208; and
c)
Continue to monitor in accordance with the groundwater
monitoring
program
established
pursuant
to
Sections
615.205, 615.206, and 615.207.
Section 615.211
Corrective Action Program
An
owner
or
operator
required
to
conduct
a
corrective
action
program pursuant to this Subpart shall:
a)
Begin corrective action within 120 days after the date
on
which the sample results are submitted to the Agency
pursuant to Section 615.209(c).
b)
Take corrective action that results in compliance with
the
groundwater
standards
at
the compliance
point
or
points.
c)
Establish and implement a groundwater monitoring program
to demonstrate the effectiveness of the corrective action
program.
d)
Take
corrective
action that maintains
compliance with
the groundwater standards:
1)
At all compliance points; and
2)
Beyond the unit boundary, where necessary to protect
human health and the environment, unless the owner
or operator demonstrates to the Agency that, despite
the owner’s or operator’s best efforts,
the owner
or
operator
was
unable
to
obtain
the
necessary
permission to undertake such action.
The owner or
operator is not relieved of responsibility to clean
up
a
release
that
has
migrated beyond
the
unit
boundary where off—site access is denied.
e)
Continue corrective action measures during the compliance
period
to
the
extent
necessary
to
ensure
that
the
groundwater standard
is not exceeded at the compliance
point
or
points.
If
the owner
or
operator
is
still
conducting corrective action at the end of the compliance
period,
the
owner
or
operator
shall
continue
that
corrective action
for as
long as
necessary
to achieve
compliance with the groundwater standards.
The owner or
operator may terminate corrective action measures taken
126—16 1
40
beyond the compliance period if the owner or operator can
demonstrate,
based
on
data
from
the
groundwater
monitoring
program
under
subsection
(c),
that
the
groundwater standards have not been exceeded for a period
of three consecutive years.
f)
Report in writing to the Agency on the effectiveness of
the
corrective
action program.
The owner
or operator
shall submit these reports semi—annually.
g)
If the owner or operator determines that the corrective
action program no longer satisfies the requirements
of
this Section,
the owner
or operator
shall,
within
90
days, make any appropriate changes to the program.
SUBPART
C:
GENERAL
CLOSURE
AND
POST-CLOSURE REQUIREMENTS
Section 615.301
Applicability
This Subpart applies to:
a)
Land treatment units subject to Subpart E;
b)
Surface impoundments subject to Subpart F;
C)
Pesticide storage and handling units subject to Subpart
I; and
d)
Fertilizer storage and handling units subject to Subpart
J.
Section 615.302
Closure Performance Standard
The owner
or operator shall close the unit in a manner that:
a)
Controls,
minimizes
or
eliminates,
to
the
extent
necessary to protect human health and the environment,
post—closure
escape
of
waste,
waste
constituents,
leachate,
contaminated
runoff
or
waste
decomposition
products to soils, groundwaters, surface waters, and the
atmosphere;
b)
Minimizes the need for maintenance during and beyond the
post—closure care period; and
c)
Complies with the closure requirements of
35
Ill.
Adm.
Code: Subtitles
C and G.
Section 615.303
Certification of Closure
Within 60 days after completion of closure, the owner or operator
shall
submit to the Agency,
by registered
or
certified mail,
a
126—162
41
certification that the unit has been closed in accordance~with the
closure requirements.
The certification must be
signed by the
owner
or operator and by an independent registered professional
engineer.
Documentation
supporting
the
independent
registered
professional
engineer’s
certification must be
furnished to the
Agency upon request.
Section 615.304
Survey Plat
~
No, later than the submission of the certification of closure
of
each unit, the owner or operator shall submit to any local
zoning authority,
or authority with jurisdiction over local
land use,
and to the Agency, and record with land titles,
a
survey plat
indicating the location and dimensions
of
any
waste
disposal
units,
and
any
pesticide a~dor fertilizer
storage
and
handling
units,
with
respect
to
permanently
surveyed benchmarks.
This plat must be prepared and certified
by a registered land surveyor.
b)
For pesticide storage and handling units
or for
fertilizer
storage and handling units records or reports required under
any
other
State
or
Federal
regulatory
program
and
which
contain the information required above may be used to satisfy
this reporting requirement.
Section 615.305
Post-Closure Notice for Waste Disposal Units
No later than 60 days after certification of closure of the unit,
the owner
or operator of
a unit subject to Subpart D or
F
shall
submit
to the Agency,
to the County Recorder and to any
local
zoning authority or authority with jurisdiction over
local
land
use, a record of the type, location and quantity of wastes disposed
of within each cell or other area of the unit.
Section 615.306
Certification
of
Completion
of
Post-Closure
Care
No
later than
60 days after completion of the established post-
closure care period,
the owner
or operator shall
submit to the
Agency, by registered or certified mail,
a certification that the
post—closure care period for the unit was performed in accordance
with the specifications
in the approved post-closure
plan.
The
certification
must
be
signed by
the
owner
or
operator and
an
independent
registered
professional
engineer.
Documentation
supporting
the
independent
registered
professional
engineer’s
certification must be furnished to the Agency upon request.
Section 615.307
Post-Closure Care Period
The post-closure care period is as defined at Section 615.202.
SUBPART
D: ~
LANDFILLS
12 6—163
Section 615.401
42
Applicability
This Subpart applies to existing landfill units that are located
wholly
or partially within
a. setback zone or regulated recharge
area and that contain special waste or other waste generated on-
site,
except
that this
Subpart
does
not apply
to any existing
landfill unit that:
a)
Contains solely one or more of the following:
hazardous
waste, livestock waste, landscape waste, or construction
and demolition debris; or
b)
Is exempt from this Part pursuant to Section 615.105.
Section 615.402
Required
Closure
of
Units
Located
Within
Minimum Setback Zones
No person
shall
cause
or
allow
the use
or
operation within
a
minimum
setback
zone
of any landfill unit commencing two years
after the effective date of this Part.
Closure shall be completed
three years after the effective date of this Part.
This Section
does not apply to any landfill unit that the Board expressly finds,
in an adjusted standard proceeding, poses no significant hazard to
a community water supply well or other potable water supply well.
Section 615.403
Required
Closure
of
Units
Located
Within
Maximum Setback Zones
‘ther ~potab1ewa~
supply we~..
Section 615.404
Required
Closure
of
Units
Located
Within
Regulated Recharge Areas
No
person
shall
cause
or
allow
the use
or operation within
a
regulated recharge area of any landfill unit that contains special
waste and for which the distance from the wellhead of the community
water supply well to any part of the landfill unit is 2500 feet or
less.
This provision becomes effective four years after the date
on
which
the
Board
establishes
the
regulated
recharge
area.
Closure shall
be completed within
five years
after the date
on
which the
Board
establishes the regulated recharge
area.
This
Section does not apply to any existing landfill unit that the Board
No person
shall
cause
or
allow
the use
or
operation within
a
maximum setback zone of any landfill unit at which special waste
is disposed, commencing two years after the effective date of the
ordinance or regulation that establishes the maximum setback zone.
Closure shall be completed within three years after the effective
date of the ordinance or regulation that establishes the maximum
setback zone.
This Section does not
apply
to any landfill unit
that the Board expressly finds, in an adjusted standard proceeding,
~~~firn~t
hn~nr~
to
a community water supply
u~11
~-
126—164
43
expressly
finds,
in
an
adjusted
standard
proceeding,
poses
no
significant
hazard
to
a
community
water
well.
supply well
or
other
potable water supply
SUBPART
E
ON—SITE
LAND
TREATMENT
UNITS
Section 615.421
Applicability
This
Subpart
applies to existing land treatment units that
are
located wholly or partially within
a
setback zone
or regulated
recharge
area
and that treat
or dispose
special waste or
other
waste generated on-site,
except that this Subpart does not apply
to any existing land treatment unit that:
a)
Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction
and demolition debris; or
b)
Is exempt from this Part pursuant to Section 615.105.
Section 615.422
Required
Closure
of
Units
Located
Within
Minimum Setback Zones
No
person
shall
cause
or
allow
the use
or
operation
within
a
minimum
setback
zone
of any
land treatment unit commencing
two
years
after the effective date of this Part.
Closure shall
be
completed within three years after the effective date of this Part.
This Section does not
apply to any land treatment unit that the
Board expressly finds,
in an adjusted standard proceeding,
poses
no 3ignificant hazard to
a
community water supply well
or other
potable water supply well.
Section 615.423
Required
Closure
of
Units
Located
Within
Maximum Setback Zones
No
person
shall
cause
or
allow
the use
or
operation within
a
maximum setback zone of any land treatment unit at which special
waste
is
treated
or
disposed,
commencing
two years
after
the
effective date of the ordinance or regulation that establishes the
maximum setback
zone.
Closure
shall
be completed within
three
years after the effective date of the ordinance or regulation that
establishes the maximum setback zone.
This Section does not apply
to any land treatment unit that the Board expressly finds,
in an
adjusted standard
proceeding,
poses
no
significant hazard
to
a
community water supply well or other potable water supply well.
Section 615.424
Land Treatment of
Sludges in Maximum Setback
Zones
Nothing
in this Subpart
shall
prohibit
land treatment within
a
maximum
setback
zone
of
sludge resulting
from the treatment
of
domestic wastewater or of sludge resulting from the treatment of
126—165
44
water to produce potable water,
if such activities are conducted
in accordance with the Act and 35 Ill. Adm.
Code:
Subtitle
C.
Section 615.425
Closure and Post-Closure Care
The
owner
or
operator
shall
comply
with
the
requirements
of
Sections 615.302 and 615.303.
SUBPART F
QN-SITE SURFACE IMPOUNDMENTS
Section 615.441
Applicability
This Subpart applies to existing surface impoundment units that
are located wholly or partially within a setback zone or regulated
recharge
area
and
that
contain
special
waste
or
other
waste
generated on-site,
except that this Subpart does not apply to any
existing surface impoundment unit that:
a)
Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction
and demolition debris; or
b)
Is exempt from this Part pursuant to Section 615.105.
Section 615.442
Required
Closure
of
Units
Located
Within
Minimum Setback Zones
No
person
shall
cause
or allow the
use
or operation within
a
minimum
setback
zone
of any surface impoundment unit commencing
two years after the effective date of this Part.
Closure shall be
completed within three years after the effective date of this Part.
This Scction does not apply to any surface impoundment unit that
the
Board
expressly
finds,
in
an adjusted
standard
proceeding,
poses
no significant hazard to
a community water
supply well or
other potable water supply well.
Section 615.443
Required
Closure
of
Units
Located
Within
Maximum Setback Zones
No
person
shall
cause
or
allow
the use
or
operation
within
a
maximum
setback
zone
of
any surface
impoundment
unit
at
which
special waste is stored, treated or disposed, commencing two years
after
the
effective
date
of
the
ordinance
or
regulation
that
establishes the maximum setback zone.
Closure shall be completed
within three years after the effective date of the ordinance or
regulation that establishes the maximum setback zone.
This Section
does
not
apply
to
any
surface impoundment unit
that the Board
expressly
finds,
in
an adjusted
standard proceeding,
poses
no
significant
hazard
to
a
community water
supply
well
or
other
nntablc water supply well.
Section 615.444
Groundwater Monitoring
126—166
45
The owner or operator shall comply with the requirements of Subpart
B.
Section 615.445
Inspection Requirements
While a surface impoundment is in operation,
it must be inspected
weekly and after storms to detect evidence of any of the following:
a),
Deterioration,
malfunctions
or
improper
operation
of
overtopping control systems;
b)
Sudden drops in the level of the impoundment’s contents;
c)
Severe erosion or other signs of deterioration in dikes
or other containment devices;
or
d)
A leaking dike.
Section 615.446
Operating Requirements
a)
No person shall cause or allow incompatible materials to
be placed in the same surface impoundment unit.
b)
A surface impoundment unit must be removed from service
in accordance with subsection
(c) when:
1)
The level of liquids in the unit suddenly drops and
the drop is not known to be caused by changes in the
flows into or out of the unit; or
2)
The dike leaks.
c)
When
a
surface
impoundment unit must be removed from
service
as
required
by
subsection
(b),
the
owner
or
operator shall:
1)
Shut
off the flow or stop the addition
of wastes
into the impoundment unit;
2)
Contain any surface leakage that has occurred or is
occurring;
3)
Stop the leak;
4)
Take any other necessary steps to stop or prevent
catastrophic failure;
5)
If
a
leak
cannot be
stopped
by any other
means,
empty the impoundment unit; and
6)
Notify the Agency of the removal from service and
126—16 7
46
corrective actions that were taken,
such notice to
be
given
within
10
days
after
the
removal
from
service.
d)
No surface impoundment unit that has been removed from
service
in
accordance with
the
requirements
of
this
Section may be restored to service unless the portion of
the unit that failed has been repaired.
e)
A surface impoundment unit that has been removed
from
service
in
accordance with
the
requirements
of
this
Section and that is not being repaired must be closed in
accordance with the provisions of this Section G15.447
Subpart 615.447
Closure and Post—Closure Care
a)
If closure
is to be by removal,
the owner
or operator
shall remove all waste, all waste residues, contaminated
containment
system
components
(liners,
etc.),
contaminated
subsoils
and
structures
and
equipment
contaminated with waste and leachate;
and,
if disposed
in the State of Illinois, dispose of them at a disposal
site permitted by the Agency under the Act.
b)
If closure is not to be by removal, the owner or operator
shall
comply
with the
requirements
of
Subpart
C
and
shall:
1)
Eliminate free liquids by removing liquid wastes or
solidifying the remaining wastes and waste residues.
2)
Stabilize remaining wastes
to
a
bearing capacity
sufficient to support final cover.
3)
Cover
the
surface
impoundment
unit
with
a
final
cover consisting of at least a 2—foot thick layer
of compacted clay with
a permeability
of no more
than
1
x 10~ centimeters per second and designed
and constructed to:
A)
Provide long-term minimization of the migration
of liquids through the closed impoundment unit;
B)
Function with minimum maintenance;
C)
Promote
drainage
and
minimize
erosion
or
abrasion of the final cover;
and
D)
Accommodate settling and subsidence
so
that
the cover’s integrity is maintained.
126—168
47
C)
If some waste residues or contaminated materials are left
in place at
final closure, the owner or operator shall
comply with the requirements of Subpart C and shall:
1)
Maintain
the
integrity
and
effectiveness
of
the
final cover,
including making repairs to the cap as
necessary
to
correct
the
effects
of
settling,
subsidence, erosion or other events;
2)
Maintain
and
monitor
the
groundwater
monitoring
system;
and
3)
Prevent run—on and run—off from eroding or otherwise
damaging the final cover.
SUBPART
G:
~N~~TE
WASTE PILES
Section 615.461
Applicability
This
Subpart
applies
to
existing waste
piles
that are
located
wholly
or partially within
a setback zone or regulated recharge
area and that contain special waste or other waste generated on—
site, except that this Subpart does not apply to any existing waste
pile that:
a)
Contains solely one or more of the following:
hazardous
waste, livestock waste, landscape waste, or construction
and demolition debris; e~
b)
Consists
of
sludge
resulting
from
the
treatment
of
wastewater from a POTW and the sludge pile
is situated
on an underdrained pavement and operated in accordance
with the Act, 35
Ill.
Adin.
Code:
Subtitle C and 35
Ill.
Adm.
Code: Subtitle G; or
c)
Is ee~pt from this Part pursuant to Section 615 105
Section 615.462
Required Closure
A waste pile is deemed to be a landfill and thereby subject to the
closure
requirements
of
Subpart
E
unless
the
operator
can
demonstrate to the Agency that the wastes are not accumulated over
time
for
disposal.
At
the
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.
Section 615.463
Design and Operating Requirements
126—169
48
a)
The owner or operator shall not cause or allow:
1)
Disposal or storage in the waste pile of liquids or
materials containing free liquids; or
2)
Migration and runoff of leachate into adjacent soil,-
surface water,
or groundwater.
b)
TheA
waste pile must c’omply with the following standards
1)
The waste pile must be under an impermeable membrane
or
cover
that
provides
protection
from
precipitation;
2)
The waste pile must be protected from surface water
run—on; and
3)
The waste
pile must
be designed
and
operated
to
control wind dispersal
of waste by
a means other
than wetting.
c)
This Section becomes applicable six months after the date
of first applicability.
Section 6l5.46~1.3
Closure
The owner
or operator shall
accomplish
closure
by removing and
disposing of all wastes and containment system components (liners,
etc).
If
disposed
in
the
State
of
Illinois,
the
waste
and
containment system components must be disposed at a disposal site
permitted by the Agency under the Act.
SUBPART H: UNDERGROUND STORAGE TANKS
Section 615.501
Applicability
This Subpart
applies to existing underground storage tanks that
are located wholly or partially within a setback zone or regulated
recharge area and that
contain
special waste,
except
that
this
Subpart does not apply to any existing underground storage
tank
that:
a)
Pursuant to
35 Ill. Adm.
Code 731.110(a)
must meet the
requirements set forth in 35 Ill. Adm. Code 731, unless
such a tank is excluded from those requirements pursuant
to 35 Ill.
Adm. Code 731.110(b); or
b)
Must have interim status or a RCRA permit under 35
Ill.
Adm.
Code:
Subtitle G; or
c)
Is exempt from this Part pursuant to Section 615.105.
126—170
49
Section 615.502
Design and Operating Requirements
Owners and operators of
existing underground storage tanks that
store
special waste
shall meet the requirements set forth
in
35
Ill.
Adm.
Code
731.
Such requirements must be met even
if the
tanks are excluded from coverage under 35 Ill. Adm. Code 731 by 35
Ill.
Adm.
Code 731.110(b).
The exclusions set forth
in 35 Ill.
Adm. Code 731.110(b)
do not apply to any underground storage tank
which stores special waste.
SUBPART
I: PESTICIDE STORAGE AND
HANDLING UNITS
Section 615.601
Applicability
This Subpart
applies
to
any
existing unit
for the
storage
and
handling of pesticides that is located wholly or partially within
a setback zone or regulated recharge area and that:
a)
Is
operated for the purpose of commercial application;
or
b)
Stores or accumulates pesticides prior
to distribution
to retail sales outlets,
including but not limited to a
unit
that is a warehouse or bulk terminal.
c)
Subsections
(a)
and
(b)
notwithstanding,
this Subpart
does not apply
to any unit exempt pursuant to Section
615.105.
Section 615.602
Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 615.603
Design and Operating Requirements
The owner or operator shall:
a)
Maintain
a
written record
inventorying all pesticides
stored or handled at the unit.
b)
At least weekly when pesticides are being stored, inspect
storage
containers,
tanks,
vents,
valves,
and
appurtenances
for
leaks
or
deterioration
caused
by
corrosion or other factors.
If a leak or deterioration
is found in any of these devices, the owner or operator
must immediately repair or replace the device.
The owner
or
operator
shall
maintain
a
written
record
of
all
inspections
conducted
under
this
Section
and
of
all
maintenance relating to leaks and deterioration of these
devices.
126—17
1
50
c)
Store
all
containers
containing
pesticides
within
a
pesticide
secondary
containment
structure,
if
such
containers are
stored outside of
a roofed structure or
enclosed warehouse.
For the purpose of this subsection
a
pesticide
secondary
containment
structure
is
a
structure that complies with the design
standards
set
forth
in 8
Ill. Adm. Code 255.
d)
Maintain all written records required under this Section
at the site.
The owner
or operator shall provide any
such record to the Agency upon request.
(Board Note: Owners or operators of facilities or units
subject to this Part may also be subject to regulations
under
8 Ill.
Adm. Code 255).
Section 615.604
Closure and Post-Closure Care
The owner or operator shall comply with the requirements of Subpart
C.
SUBPART
J:
FERTILIZER
STORAGE
AND HANDLING
UNITS
Section 615.621
Applicability
This
Subpart
applies
to any existing unit for the
storage
and
handling of fertilizers that is located wholly or partially within
a setback zone or regulated recharge area and that:
a)
Is operated for the purpose of commercial application;
or
b)
Stores or accumulates fertilizers prior to distribution
to retail sales outlets,
including but not limited to a
unit that is a warehouse or bulk terminal.
c)
Subsections
(a)
and
(b)
notwithstanding,
this Subpart
does not apply
to any unit exempt pursuant to Section
615.105.
Section 615.622
Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 615.623
Design and Operating Requirements
The owner or operator shall:
a)
Maintain
a
written record inventorying all fertilizers
stored or handled at the unit.
126—172
51
b)
At
least
weekly
when
fertilizers
are
being
stored,
inspect
storage containers,
tanks,
vents,
valves,
and
appurtenances
for
leaks
or
deterioration
caused
by
corrosion or other factors.
If a leak or deterioration
is found in any of these devices, the owner or operator
shall
immediately
repair
or replace the device.
The
owner or operator shall maintain a written record of all
inspections
conducted
under
this
Section
and
of
all
maintenance relating to leaks and deterioration of these
devices.
c)
Store
all
containers
containing
fertilizers
(except
anhydrous
ammonia)
within
a
fertilizer
secondary
containment
structure,
if
such
containers
are
stored
outside
of
a
roofed
structure
or
enclosed
warehouse.
For the purpose of this subsection a fertilizer secondary
containment structure is a structure that complies with
the design standards set forth in 8
Ill. Adm. Code 255.
d)
Maintain all written records required under this Section
at the
site.
The owner
or operator shall provide any
such record to the Agency upon request.
(Board Note: Owners or operators of facilities or units
subject to this Part may also be subject to regulations
under
8
Ill. Adm. Code 255).
Section 615.624
Closure and Post—Closure Care
The
owner
or
operator shall comply with the requirements of Subpart
C.
SUBPART
K: ROAD OIL STORAGE
AND
HANDLING UNITS
Section 615.701
Applicability
This
Subpart
applies
to
any
existing
unit
for
the
storage
and
related
handling
of
road
oils
that
is
located
wholly
or
partially
within
a
setback
zone
or
regulated
recharge
area
and
at
which
greater
than
25,000
gallons
of
road
oils
are
stored
or
accumulated
at any one time,
except as otherwise provided in Section 615.105.
Section 615.702
Required
Closure
of
Units
Located
Within
Minimum Setback Zones
a)
No person
shall
cause
or
allow
the usc
or
operation
within
a minimum setback zone
of any road oil storage
and handling unit if the road oils stored and handled at
the unit contain wastes.
b)
Subsection
(a)
is effective two years after the effective
date
of this Part.
Closure must be completed within
126—173
52
three
years
after
the
effective
date
of
this
Part.
-
.--.~
#1..t
.~
C)
bUD3eCC1OIIS
~U)
‘in
~~Q)
~0
I~3~-Y
~Q
p~y
ilnir.
rfl’ir
th~
flr~n-~-rI
expressly
-f~i~
nr~
rit~ijusted
s~’ii-r~
proceedin
-
~gnificant hazard tc
water supply well or other potable water supply well.
Section 615.703
Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 615.704
Design and Operating Requirements
for Above-
Ground Storage Tanks
a)
The
owner
or
operator
shall
not
cause
or
allow:
1)
Materials to be placed in a tank if such materials
could cause the tank to rupture,
leak, corrode, or
otherwise fail.
2)
Uncovered tanks to be placed or operated so as to
maintain
less
than
60
centimeters
(2
feet)
of
freeboard unless:
A)
The
tank
is
equipped
with
a
containment
structure
(e.g.,
dike or trench),
a drainage
control system, or a diversion structure (e.g.,
standby tank); and
B)
Such containment
structure,
drainage control
system, or diversion structure has a capacity
that equals or exceeds the volume of the top
60 centimeters
(2
feet)
of the tank.
3)
Material to be continuously fed into a tank, unless
the
tank
is
equipped
with
a
means
to
stop
this
inflow
(e.g.,
a
feed
cutoff
system
or
a
bypass
system
to
a
standby
tank).
4)
Incompatible materials
to
be placed
in
the
same
tank.
5)
Material to be placed in a tank that previously held
an incompatible material unless
the
incompatible
material has been washed from the tank.
6)
Ignitable or reactive material to be placed
in
a
tank unless:
A)
The
material
is
stored
or
treated
in
such
a
way
that
it
is
protected
from
any
material
or
126—174
53
conditions
that
may
cause
it
to
ignite
Or
react; or
B)
The tank is used solely for emergencies.
b)
The
owner
or
operator
shall
provide
and maintain primary
containment
for
the
tank
such
that:
1)
The
tank
has
a
minimum
shell thickness that ensures
that
the
tank
will
not
fail
(i.e.,
collapse,
rupture,
etc.).
2)
The
tank
is
compatible
with
the
material
to
be
placed
in
the
tank
or
the
tank
is
lined
with
a
substance
that
is
compatible
with
the
material
to
be
placed
on
the
tank.
c)
The
owner
or
operator
shall
provide
and
maintain
secondary containment for the tank that:
1)
Is capable of containing the volume of the largest
tank
or
10
of
the
total
volume
for
all
tanks,
whichever is greater;
2)
Is constructed of material capable of containing
a
spill
until
cleanup
occurs
(e.g.,
concrete
or
clay).
The base of the secondary containment area must be
capable of minimizing vertical migration of a spill
until cleanup occurs
(e.g.,
concrete or clay);
3)
Has
cover
(e.g.,
crushed
rock
or
vegetative
growth)
on
earthen
embankments
sufficient
to
prevent
erosion; and
4)
Isolates
the
tank
from
storm
water
drains
and
from
combined
storm
water
drains
and
sewer
drains.
d)
If
incompatible
materials
are
handled
at
the
site
secondary containment sufficient to
isolate the units
containing
the
incompatible
materials
must
be
provided.
e)
The owner or operator of a tank shall also:
1)
Test above—ground tanks and associated piping every
five years for structural integrity.
2)
Remove uncontaminated storm water runoff from the
secondary
containment
area
immediately
after
a
precipitation event.
3)
Handle contaminated storm water runoff in accordance
with
35
Ill.
Adm.
Code
302.Subpart
A.
126—175
54
4)
Provide
a
method
for
obtaining
a
sample
from
each
tank.
5)
Install,
maintain,
and
operate
a
material
level
indicator on each tank.
6)
When
not
in
use,
lock
all
gauges
and
valves
that
are
used
to
inspect
levels
in
the
tank.
All
such
devices
must
be
located
within
the
containment
structure.
f)
This
Section
becomes
applicable
two
years
after
the
date
of
first
applicability.
Section
615.705
Closure
a)
At
closure,
all
materials
must
be
removed
from
containers,
tanks,
discharge
control
equipment,
and
discharge
confinement
structures.
b)
All materials that are to be disposed in the
State
of
Illinois must be disposed at
a disposal site permitted
by
the
Agency
under
the
Act.
SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS
Section 615.721
Applicability
This
Subpart
applies
to
any
existing
unit
for
the
storage
and
related
handling
of
de-icing
agents
that
is
located
wholly
or
partially
within
a
setback
zone
and
at
which
more
than
50,000
pounds
of
de-icing
agent
are
stored
or
accumulated
at
any
one
time,
except
as
otherwise
provided
in
Section 615.105.
For the purpose
of
this
Subpart:
a)
An
indoor
storage
unit
means
a
storage
unit
with
a
roof
capable
of
protecting
de-icing
agents
from
wind
and
precipitation;
b)
An
outdoor
storage
unit
means
a
unit
for
the
storage
of
de-icing
agents
that
is
not
an
indoor
storage
unit.
Section
615.722
Groundwater
Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section
615.723
Design
and
Operating
Requirements
a)
Indoor
facilities
must
comply
with
the
following
standards
beginning
two
years
after
the
date
of
first
126—17 6
55
applicability:
1)
The base of
the
facility must be constructed
of
materials
capable
of
containing
de—icing
agents
(i.e.,
bituminous or concrete pad).
2)
The
roof
and
walls
of
the
facility
must
be
constructed of materials capable of protecting the
storage
pile
from precipitation
and
capable
of
preventing dissolved de—icing agents from entering
into
the
adjacent
soil,
surface
water,
or
groundwater.
The walls
of the facility must be
constructed
of materials
compatible with the de-
icing agents to be placed in the facility.
Run-
off from the roof must be diverted away from the
loading pad.
3)
All areas
surrounding the storage pile,
including
but
not
limited
to
the
loading
pad,
must
be
routinely inspected to determine whether any release
of
de—icing
agents
has
occurred.
Such
areas
shall
be cleaned as necessary.
Spilled de—icing agents
must
be
placed
back
under
the
protective
covering
of the indoor storage pile.
The storage pile must
be
reshaped
as
often
as
necessary
to
prevent
leaching.
4)
The integrity of the facility and loading pad must
be maintained.
5)
All areas surrounding the storage facility must be
inspected daily to determine whether any release of
de-icing
agents
has
occurred.
Spilled de-icing
agents
must
be
placed
back
into
the
storage
facility.
b)
Outdoor
facilities
or
units
must
comply
with
the
following standards beginning two years after the date
of
first
applicability:
1)
An impermeable membrane or cover must be placed over
all
storage
piles
to
protect
the
piles
from
precipitation
and
surface
water
run—on.
The
membrane or cover must prevent run—off and leachate
from being generated by the outdoor storage piles.
The piles must be formed in a conical shape, covered
and stored on
a
paved pad
capable
of preventing
leachate from entering adjacent soil, surface water,
or groundwater.
2)
Surface drainage must be directed to prevent flow
through the base of the storage piles.
De-icing
126—17 7
56
agents must not be stored where drainage may enter
into water supplies, farm lands or streams.
3)
All
areas
surrounding
the
storage
piles
must
be
cleaned and must be
inspected daily to determine
whether any release of de—icing agents has occurred.
Spilled de-icing agents must be placed back under
the
protective
covering
of
the
outdoor
storage
piles.
The storage piles must be reshaped as often
as necessary to prevent leaching.
4)
The storage piles must be designed and operated to
control wind dispersal of the product by means other
than wetting.
Section 615.724
Closure
a)
At closure, all de—icing agents must be removed from the
site,
discharge
control
equipment
and
discharge
confinement
structures.
b)
All de-icing agents that are to be disposed in the State
of Illinois must be disposed at a disposal site permitted
by
the
Agency
under
the
Act.
126—17 8
57
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
F:
PUBLIC
WATER
SUPPLIES
CHAPTER
I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SUBPART A: GENERAL
Section
616.101’
Purpose
616.102
Definitions
616.104
Exceptions to Prohibitions
616.105
General
Exceptions
SUBPART B:
GROUNDWATER
MONITORING
REQUIREMENTS
Section
616.201
Applicability
616.202
Compliance
Period
616.203
Compliance
With
Groundwater
Standards
616.204
Groundwater
Monitoring
System
616.205
Groundwater
Monitoring
Program
616.206
Reporting
616.207
Determining
Background
Values
and
Maximum
Allowable
Results
(“MARs”)
616.208
Continued
Sampling
616.209
Preventive Notification and Preventive Response
616.210
Corrective Action Program
616.211
Alternative Corrective Action Demonstration
SUBPART
C: GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS
Section
616.301
Applicability
616.302
Closure Performance Standard
616
303
Certificate-ion
of
Closure
616.304
Survey
Plat
616.305
Post-Closure
Notice
for
Waste
Disposal
Units
616.306
Certification
of
Completion
•f Post-Closure Care
616.307
Post-Closure Care Period
SUBPART D
ON—SITE LANDFILLS
Section
616.401
Applicability
616.402
Prohibitions
SUBPART E
ON—SITE LAND TREATMENT UNITS
Section
616.421
Applicability
126—179
58
SUBPART
F: ON-SITE SURFACE IMPOUNDMENTS
Section
616.441
616.442
616.443
616.444
616.445
616.446
616.447
Section
616.461
616.462
616.463
616.464
Applicability
Prohibitions
Groundwater Monitoring
Design and Operating Requirements
Inspection Requirements
Operating Requirements
Closure
and
Post—Closure
Care
SUBPART
G: ~
WASTE PILES
Applicability
Prohibitions
Design and Operating Requirements
Closure
Applicability
Design and Operating Requirements
SUBPART
I:
PESTICIDE
STORAGE
AND
HANDLING
UNITS
Applicability
Prohibitions
Groundwater
Monitoring
Design
and
Operating
Requirements
Closure and Post—Closure Care
SUBPART
J:
FERTILIZER
STORAGE
AND
HANDLING
UNITS
Sect ion
616.621
616.622
616.623
616.624
616.625
Section
Applicability
Prohibitions
Groundwater Monitoring
Design and Operating Requirements
Closure and Post—Closure Care
SUBPART
K:
ROAD
OIL
STORAGE
AND
HANDLING
UNITS
616.422
616.423
616.424
616.425
Prohibitions
Groundwater
Monitoring
Design
and
Operating
Requirements
Closure and Post-Closure Care
SUBPART
H:
UNDERGROUND
STORAGE
TANKS
Section
616.501
616.502
Section
616.601
616.602
616.603
616.604
616
.
605
12 6—180
59
616.701
Applicability
616.702
Prohibitions
616.703
Groundwater
Monitoring
616.704
Design
and
Operating
Requirements
for
Above-Ground
Storage Tanks
616.705
Closure
SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS
Section
616.721
Applicability
616.722
Prohibitions
616.723
Groundwater Monitoring
616.724
Design and
Operating Requirements
for
Indoor
Storage
Facilities
616.725
Closure
AUTHORITY:
Implementing
Sections
5,
14.4,
21,
and
22,
and
authorized by Section 27 of the Environmental Protection Act
(Ill.
Rev.
Stat.
1989,
ch. 111 1/2, pars.
1005,
1014.4,
1021,
1022, and
1027)
SOURCE:
Adopted at R89-5
Ill.
Reg.
___________,
effective
NOTE:
Capitalization denotes statutory language.
SUBPART A: GENERAL
Section 616.101
Purpose
This Part prescribes requirements and standards for the protection
of groundwater for certain types of new facilities or units located
wholly or partially within a setback zone regulated by the Act or
within a regulated recharge area as delineated pursuant to Section
17.4 of the Illinois Environmental Protection Act (Act),
Ill. Rev.
Stat.
1989,
ch. 111 1/2,
pars.
1001 et
seq.
Section 616.102
Definitions
Except as stated in this Section, and 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 those used in
35
Ill.
Adm.
Code
615.102,
the
Act,
or
the
Illinois
Groundwater
Protection Act
(Ill.
Rev.
Stat.
1989,
ch. 111 1/2,
pars.
7451 et
seq.).
“NEW POTENTIAL PRIMARY SOURCE” MEANS:
A POTENTIAL PRIMARY SOURCE WHICH IS NOT IN EXISTENCE
OR FOR WHICH CONSTRUCTION HAS NOT COMMENCED AT ITS
LOCATION AS OF JANUARY
1,
1988;
OR
126—181
60
A
POTENTIAL
PRIMARY
SOURCE
WHICH
EXPANDS
LATERALLY
BEYOND
THE
CURRENTLY
PERMITTED
BOUNDARY
OR,
IF
THE
PRIMARY
SOURCE
IS
NOT
PERMITTED,
THE
BOUNDARY
IN
EXISTENCE AS OF JANUARY
1,
1988;
OR
A
POTENTIAL
PRIMARY
SOURCE
WHICH
IS
PART
OF A
FACILITY THAT UNDERGOES MAJOR RECONSTRUCTION.
SUCH
RECONSTRUCTION SHALL BE DEEMED TO HAVE TAKEN PLACE
WHERE
THE FIXED CAPITAL COST OF THE NEW COMPONENTS
CONSTRUCTED WITHIN A 2-YEAR PERIOD EXCEED 50
OF THE
FIXED
CAPITAL
COST
OF A COMPARABLE
ENTIRELY NEW
FACILITY.
(Section
3.59 of the Act)
“NEW POTENTIAL ROUTE” MEANS:
A POTENTIAL ROUTE WHICH IS NOT IN EXISTENCE OR FOR
WHICH CONSTRUCTION HAS NOT COMMENCED AT ITS LOCATION
AS OF JANUARY 1,
1988, OR
A POTENTIAL ROUTE WHICH
EXPANDS LATERALLY
BEYOND
THE
CURRENTLY
PERMITTED
BOUNDARY
OR,
IF
THE
POTENTIAL ROUTE IS NOT PERMITTED,
THE BOUNDARY IN
EXISTENCE AS OF JANUARY
1,
1988.
(Section 3.58 of the Act)
“NEW POTENTIAL SECONDARY SOURCE” MEANS:
A
POTENTIAL
SECONDARY
SOURCE
WHICH
IS
NOT
IN
EXISTENCE
OR
FOR
WHICH
CONSTRUCTION
HAS
NOT
COMMENCED AT ITS LOCATION AS OF JULY
1,
1988; OR
A POTENTIAL SECONDARY SOURCE WHICH
EXPANDS
LATERALLY
BEYOND THE CURRENTLY PERMITTED BOUNDARY OR,
IF THE
SECONDARY SOURCE IS NOT PERMITTED, THE BOUNDARY IN
EXISTENCE
AS
OF
JULY
1,
1988,
OTHER
THAN
AN
EXPANSION FOR HANDLING OF
LIVESTOCK WASTE OR FOR
TREATING DOMESTIC WASTEWATERS; OR
A POTENTIAL SECONDARY SOURCE WHICH
IS
PART
OF A
FACILITY THAT UNDERGOES MAJOR RECONSTRUCTION.
SUCH
RECONSTRUCTION SHALL BE DEEMED TO HAVE TAKEN PLACE
WHERE THE FIXED CAPITAL COST OF THE NEW COMPONENTS
CONSTRUCTED WITHIN A 2-YEAR PERIOD EXCEED 50
OF THE
FIXED
CAPITAL COST
OF A COMPARABLE
ENTIRELY NEW
FACILITY.
(Section
3.60 of the Act)
126—182
61
“POTENTIAL
PRIMARY
SOURCE” MEANS ANY UNIT AT A FACILITY
OR SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR REMEDIAL
ACTION WHICH:
IS UTILIZED FOR THE TREATMENT, STORAGE, OR DISPOSAL
OF ANY HAZARDOUS OR SPECIAL WASTE NOT GENERATED AT
THE SITE; OR
IS UTILIZED FOR THE DISPOSAL OF MUNICIPAL WASTE NOT
GENERATED AT THE SITE,
OTHER THAN LANDSCAPE WASTE
AND CONSTRUCTION AND DEMOLITION DEBRIS; OR
IS
UTILIZED FOR THE
LANDFILLING,
LAND
TREATING,
SURFACE
IMPOUNDING
OR
PILING
OF
ANY
HAZARDOUS OR
SPECIAL WASTE THAT IS GENERATED ON THE SITE OR AT
OTHER
SITES
OWNED,
CONTROLLED OR OPERATED
BY THE
SANE
PERSON; OR
STORES OR ACCUMULATES AT ANY TIME MORE THAN 75,000
POUNDS ABOVE GROUND, OR MORE THAN 7,500 POUNDS BELOW
GROUND, OF ANY HAZARDOUS SUBSTANCES.
(Section
3.59 of the Act)
“POTENTIAL ROUTE” MEANS ABANDONED AND IMPROPERLY
PLUGGED
WELLS OF ALL KINDS,
DRAINAGE WELLS, ALL INJECTION WELLS,
INCLUDING CLOSED LOOP HEAT
PUMP
WELLS, AND ANY EXCAVATION
FOR THE DISCOVERY,
DEVELOPMENT OR PRODUCTION OF STONE,
SAND OR GRAVEL.
(Section 3.58 of the Act)
“POTENTIAL SECONDARY SOURCE” MEANS ANY UNIT AT A FACILITY
OR A SITE NOT CURRENTLY SUBJECT TO A REMOVAL OR REMEDIAL
ACTION, OTHER THAN A POTENTIAL PRIMARY SOURCE, WHICH:
IS UTILIZED FOR THE LANDFILLING,
LAND TREATING,
OR
SURFACE
IMPOUNDING
OF
WASTE THAT
IS GENERATED ON
THE SITE
OR AT
OTHER
SITES
OWNED,
CONTROLLED
OR
OPERATED BY THE SANE PERSON, OTHER THAN LIVESTOCK
AND LANDSCAPE WASTE,
AND CONSTRUCTION AND DEMOLITION
DEBRIS; OR
STORES OR
ACCUMULATES
AT ANY TIME MORE THAN 25,000
BUT NOT MORE THAN
75,000 POUNDS ABOVE
GROUND,
OR
MORE THAN 2,500 BUT NOT MORE THAN 7,500 POUNDS BELOW
GROUND, OF ANY
HAZARDOUS SUBSTANCES; OR
STORES OR
ACCUMULATES
AT ANY TIME MORE
THAN
25,000
GALLONS ABOVE GROUND, OR MORE
THAN
500 GALLONS BELOW
GROUND,
OF
PETROLEUM,
INCLUDING CRUDE OIL OR
ANY
FRACTION THEREOF WHICH
IS NOT OTHERWISE SPECIFICALLY
LISTED OR DESIGNATED AS A HAZARDOUS SUBSTANCE; OR
126—183
62
STORES OR ACCUMULATES PESTICIDES,
FERTILIZERS,
OR
ROAD OILS FOR PURPOSES OF COMMERCIAL APPLICATION OR
FOR DISTRIBUTION TO RETAIL SALES OUTLETS; OR
STORES OR ACCUMULATES AT ANY TIME MORE
THAN
50,000
POUNDS OF ANY DE-ICING AGENT; OR
IS
UTILIZED
FOR HANDLING LIVESTOCK
WASTE
OR
FOR
TREATING
DOMESTIC WASTEWATERS OTHER
THAN
PRIVATE
SEWAGE DISPOSAL SYSTEMS AS DEFINED
IN THE PRIVATE
SEWAGE DISPOSAL LICENSING ACT, Ill. Rev. Stat.
1989,
ch. 111 1/2,
par.
116.301 et seq.
(Section 3.60 of the Act)
Section
616.104
Exceptions to Prohibitions
a)
THE OWNER OF A NEW POTENTIAL PRIMARY SOURCE OR A POTENTIAL
SECONDARY
SOURCE MAY SECURE A WAIVER FROM THE prohibitions
specified
in
Sections
616.402(a),
616.422(a),
616.442,
616.462(a),
616.602,
616.622,
616.702 or 616.722(a)
against
construction,
usc or operation within the setback zone FOR A
POTABLE WATER SUPPLY WELL OTHER THAN A COMMUNITY WATER SUPPLY.
A WRITTEN REQUEST FOR A WAIVER SHALL BE MADE TO THE OWNER OF
THE WATER WELL AND THE AGENCY.
SUCH REQUEST SHALL IDENTIFY
THE NEW OR PROPOSED POTENTIAL SOURCE, SHALL GENERALLY DESCRIBE
THE POSSIBLE EFFECT OF SUCH POTENTIAL SOURCE. UPON THE WATER
WELL AND ANY APPLICABLE TECHNOLOGY-BASED CONTROL WHICH WILL
BE UTILIZED TO MINIMIZE THE POTENTIAL FOR CONTAMINATION,
AND
SHALL STATE WHETHER,
AND
UNDER WHAT
CONDITIONS, THE REQUESTOR
WILL PROVIDE AN ALTERNATIVE POTABLE WATER SUPPLY.
WAIVER
MAY
BE GRANTED BY THE OWNER OF THE WATER WELL NO LESS THAN 90 DAYS
AFTER RECEIPT UNLESS PRIOR TO SUCH TIME THE AGENCY NOTIFIES
THE WELL OWNER
THAT
IT
DOES
NOT CONCUR WITH
THE REQUEST.
(Section 14.2(b)
of the Act)
b)
THE AGENCY SHALL NOT CONCUR WITH ANY SUCH REQUEST WHICH FAILS
TO ACCURATELY DESCRIBE REASONABLY FORESEEABLE EFFECTS OF THE
POTENTIAL SOURCE OR POTENTIAL ROUTE UPON THE WATER WELL OR ANY
APPLICABLE TECHNOLOGY-BASED CONTROLS.
SUCH NOTIFICATION BY
THE AGENCY SHALL BE IN WRITING, AND SHALL INCLUDE A STATEMENT
OF
REASONS FOR THE NONCONCURRENCE.
WAIVER OF THE MINIMUM
SETBACK ZONE SHALL EXTINGUISH THE WATER WELL OWNER’S RIGHTS
UNDER SECTION 6b OF THE ILLINOIS WATER WELL CONSTRUCTION CODE
BUT SHALL NOT PRECLUDE POLLUTION.
IF THE OWNER OF THE WATER
WELL
HAS
NOT GRANTED A WAIVER WITHIN
120 DAYS AFTER RECEIPT
OF THE REQUEST OR THE AGENCY HAS NOTIFIED THE OWNER THAT IT
DOES NOT CONCUR WITH THE REQUEST, THE OWNER OF A POTENTIAL
SOURCE OR POTENTIAL ROUTE
MAY
FILE A PETITION FOR AN EXCEPTION
WITH THE BOARD AND THE AGENCY PURSUANT TO subsection
(b)
OF
THIS SECTION.
(Section 14.2(b)
of the Act)
126—184
63
c)
NO WAIVER UNDER THIS SECTION
IS REQUIRED WHERE THE POTABLE
WATER SUPPLY WELL IS PART OF A PRIVATE WATER SYSTEM AS DEFINED
IN THE ILLINOIS GROUNDWATER PROTECTION ACT, AND THE OWNER OF
SUCH WELL WILL ALSO BE THE OWNER OF A NEW POTENTIAL SECONDARY
SOURCE OR A POTENTIAL ROUTE.
IN SUCH INSTANCES, A PROHIBITION
OF 75 FEET SHALL APPLY AND THE OWNER
SHALL NOTIFY THE AGENCY
OF
THE
INTENDED
ACTION
SO
THAT
THE
AGENCY
MAY
PROVIDE
INFORMATION REGARDING THE POTENTIAL HAZARDS ASSOCIATED WITH
LOCATION OF A POTENTIAL SECONDARY SOURCE OR POTENTIAL ROUTE
IN CLOSE PROXIMITY TO A POTABLE WATER SUPPLY WELL.
(Section
14.2(b)
of the Act)
d)
THE BOARD MAY
GRANT
AN EXCEPTION FROM THE SETBACK REQUIREMENTS
OF
THIS
SECTION
AND
SECTION
14.3
TO THE
OWNER
OF A
NEW
POTENTIAL
PRIMARY
SOURCE
OTHER
THAN
LANDFILLING
OR
LAND
TREATING,
OR A NEW POTENTIAL
SECONDARY
SOURCE.
THE OWNER
SEEKING AN EXCEPTION WITH RESPECT TO A COMMUNITY WATER SUPPLY
WELL SHALL FILE A PETITION WITH THE BOARD AND THE AGENCY.
THE
OWNER
SEEKING AN EXCEPTION WITH RESPECT
TO A POTABLE WATER
SUPPLY WELL
SHALL
FILE A PETITION WITH
THE BOARD AND THE
AGENCY,
AND SET FORTH THEREIN THE CIRCUMSTANCES UNDER WHICH
A
WAIVER
HAS
BEEN
SOUGHT
BUT
NOT
OBTAINED
PURSUANT
TO
subsection
(a)
OF
THIS
SECTION.
A
PETITION
SHALL
BE
ACCOMPANIED BY PROOF
THAT THE OWNER
OF
EACH
POTABLE WATER
SUPPLY WELL FOR WHICH SETBACK REQUIREMENTS WOULD BE AFFECTED
BY THE REQUESTED EXCEPTION HAS BEEN NOTIFIED AND BEEN PROVIDED
WITH A COPY OF THE PETITION.
A PETITION SHALL SET FORTH SUCH
FACTS AS MAY BE REQUIRED TO SUPPORT AN EXCEPTION,
INCLUDING
A
GENERAL
DESCRIPTION
OF
THE
POTENTIAL
IMPACTS
OF
SUCH
POTENTIAL SOURCE OR POTENTIAL ROUTE UPON GROUNDWATERS
AND
THE
AFFECTED WATER WELL,
AND AN
EXPLANATION
OF THE APPLICABLE
TECHNOLOGY-BASED CONTROLS WHICH WILL BE UTILIZED TO MINIMIZE
THE POTENTIAL FOR CONTAMINATION OF THE POTABLE WATER SUPPLY
WELL.
(Section 14.2(c)
of the Act)
e)
THE BOARD SHALL GRANT AN EXCEPTION, WHENEVER IT IS FOUND UPON
PRESENTATION
OF
ADEQUATE
PROOF,
THAT
COMPLIANCE
WITH
THE
SETBACK REQUIREMENTS OF THIS SECTION WOULD POSE AN
ARBITRARY
AND
UNREASONABLE
HARDSHIP
UPON
THE
PETITIONER,
THAT
THE
PETITIONER WILL UTILIZE THE BEST AVAILABLE TECHNOLOGY CONTROLS
ECONOMICALLY
ACHIEVABLE
TO
MINIMIZE
THE
LIKELIHOOD
OF
CONTAMINATION
OF
THE POTABLE
WATER
SUPPLY
WELL,
THAT
THE
MAXIMUM FEASIBLE ALTERNATIVE
SETBACK WILL
BE UTILIZED,
AND
THAT THE LOCATION OF SUCH POTENTIAL SOURCE OR POTENTIAL ROUTE
WILL NOT CONSTITUTE A SIGNIFICANT HAZARD TO THE POTABLE WATER
SUPPLY WELL.
(Section 14.2(c)
of the Act)
f)
A DECISION MADE BY THE BOARD PURSUANT TO THIS SUBSECTION SHALL
CONSTITUTE A FINAL DETERMINATION.
(Section
14.2(c)
of the
Act)
g)
THE GRANTING OF AN EXCEPTION BY THE BOARD SHALL NOT EXTINGUISH
126—185
64
THE WATER WELL OWNER’S RIGHTS UNDER SECTION 6b OF THE ILLINOIS
WATER WELL CONSTRUCTION CODE IN INSTANCES WHERE THE OWNER
HAS
ELECTED NOT TO PROVIDE A WAIVER PURSUANT TO subsection
(a) OF
THIS SECTION.
(Section 14.2(a)
of the Act)
Section 616.105
General Exceptions
This Part does not apply to any facility or unit,
or to the owner
or operator of any facility or unit for which:
a)
The owner or operator obtains certification of minimal
hazard pursuant to Section 14.5 of the Act; or
b)
Alternate
requirements
are
imposed
in
an
adjusted
standard proceeding or
in
a
site—specific
rulemaking,
pursuant to Title VII of the Act; or
C)
Alternate
requirements
are
imposed
in
a
regulated
recharge area proceeding pursuant to Section 17.4 of the
Act.
d)
Nothing in this Section shall limit the authority of the
Board
to
impose
requirements on any
facility
or
unit
within
any portion
of
any
setback
zone
or
regulated
recharge area in any adjusted standard proceeding,
site—
specific
rulemaking
or
a
regulatory
proceeding
establishing the regulated recharge area.
SUBPART
B:
GROUNDWATER MONITORING REQUIREMENTS
Section 616.201
Applicability
This Subpart applies to:
a)
Land treatment units subject to Subpart E;
b)
Surface impoundments subject to Subpart F;
C)
Pesticide storage and handling units subject to Subpart
I;
d)
Fertilizer storage and handling units subject to Subpart
e)
Road oil storage and handling units subject to Subpart
K; and
f)
De-icing
agent
storage and handling units
subject
to
Subpart L.
Section 616.202
Compliance Period
126—186
65
The compliance period
is the active life
of the unit,
including
closure and post—closure care periods.
a)
The
active
life
begins
when
the
unit
first
begins
operation
or
one
year
after
the
date
of
first
applicability, whichever occurs later, and ends when the
post—closure care period ends.
b)
The
post—closure
care
period
for
units
other
than
pesticide storage and handling units subject to Subpart
I and fertilizer storage and handling units subject to
Subpart J is five years after closure, except as provided
at Section 616.211(e)
c)
The post-clos~irecare period for pesticide storage and
handling units
subject to Subpart
I
and for fertilizer
storage and handling units subject to Subpart J is three
years
after
closure,
except
as
provided
at
Section
616.211(e)
d)
Subsections
(b),
(c),
and
(d)
notwithstanding,
there
shall be no post—closure care period if all waste, waste
residues, contaminated containment system components and
contaminated subsoils are removed or decontaminated at
closure,
and
there
is
no
ongoing
corrective
action
pursuant to Section 616.211.
Section 616.203
Compliance With Groundwater Standards
The owner or operator shall comply with the groundwater standards.
a)
The term of compliance is the compliance period.
b)
Compliance shall be measured at the compliance point, or
compliance points if more than one such point exists.
Section 616.204
Groundwater Monitoring System
a)
The
groundwater
monitoring
system
must
consist
of
a
sufficient number
of
wells,
installed
at
appropriate
locations and depths to yield groundwater samples that:
1)
Represent the quality of background water that has
not been affected by contamination from the facility
or unit; and
2)
Represent
the
quality
of
groundwater
at
the
compliance point or points.
b)
If
a
facility
contains
more
than one
unit,
separate
groundwater monitoring systems are not required for each
unit,
provided
that
provisions
for
sampling
the
126—187
66
groundwater
will
enable detection
and measurement
of
contaminants that have entered the groundwater from all
units.
c)
Monitoring wells must meet the following requirements:
1)
Construction must be done
in
a manner
that will
enable the collection of groundwater samples;
2)
Casings
and
screens
must
be
made
from
durable
material that is resistant to expected chemical or
physical degradation
and that does
not interfere
with
the
quality
of
groundwater
samples
being
collected; and
3)
The annular space opposite the screened section of
the well
(i.e., the space between the bore hole and
well screen) must be filled with gravel or sand
if
necessary
to
collect
groundwater
samples.
The
annular space above and below the well screen must
be
sealed
to
prevent
migration
of
water
from
overlying ad)acent formations and the surface to
the sampled depth
Section 616.205
Groundwater Monitoring Program
The
owner
or
operator
shall
develop
a
groundwater
monitoring
program that consists of:
a)
Consistent
sampling and
analysis
procedures
that
are
designed
to ensure
monitoring
results that
provide
a
reliable
indication
of
groundwater
quality
below
the
unit.
At a minimum the program must include procedures
and techniques for:
1)
Sample collection;
2)
Sample preservation and shipment;
3)
Analytical procedures;
and
4)
Chain of custody control.
b)
Sampling and analytical methods that are appropriate for
groundwater monitoring and that allow for detection and
quantification of contaminants specified in this Subpart,
and that are consistent with the sampling and analytical
methods specified in 35 Ill. Adm. Code 620.
c)
A determination of the groundwater head elevation each
time groundwater is sampled.
126—188
67
d)
A determination at least annually of the groundwater flow
rate and direction.
e)
If the owner or operator determines that the groundwater
monitoring program no longer satisfies the requirements
of this Section, the owner or operator shall, within 90
days,
make
appropriate
changes
to
the
program.
Conditions under which a groundwater monitoring program
no
longer
satisfies
the requirements
of this
Section
include,
but are not limited to:
1)
A Maximum Allowable Result
(MAR)
is exceeded in any
monitoring well that is being used as a background
monitoring well or that the owner
or operator has
previously determined to be hydraulically upgradient
from the facility;
or
2)
A
redetermination
of
groundwater
flow
rate
and
direction conducted pursuant to subsection (d) shows
that the existing monitoring system is not capable
of assessing groundwater quality at the compliance
points or points.
Section 616.206
Reporting
The
owner
or
operator
shall
submit
results
of
all
monitoring
required pursuant to this Subpart to the Agency within
60 days
after completion of sampling.
Section 616.207
Determining
Background
Values
and
Maximum
Allowable Results
(“MARs”)
a)
The owner or operator shall, beginning no later than the
beginning of operation of the unit and continuing for a
period of at least one year, sample each monitoring well
at least every two months and analyze each such sample
according to the following program:
1)
For
a
unit
subject to
Subpart
E
(land treatment
units),
Subpart F
(surface impoundments),
Subpart
K (road oil storage and handling units)
or Subpart
L
(de-icing
agent
storage
and
handling
units)
analysis
shall
be
for
pH,
specific
conductance,
total
organic
carbon,
total
organic
halogen,
and
any
other
parameter
that
meets
the
following
criteria:
A)
Material containing such parameter is stored,
treated or disposed at the unit; and
B)
There
is
a
groundwater
standard
for
such
parameter.
126—189
68
2)
For a unit subject to Subpart I for the storage and
handling of pesticides analysis shall be for each
pesticide stored or handled at the unit.
3)
For a unit subject to Subpart J for the storage and
handling of fertilizer analysis shall be for
pH,
specific conductance, total organic carbon, nitrates
as
nitrogen,
ammonia nitrogen
and for any
other
parameter that meets the following criteria:
A)
Material containing such parameter is stored
or handled at the unit;
and
B)
There
is
a
groundwater
standard
for
such
parameter.
b)
The results obtained under subsection
(a)
shall be used
to
calculate the background mean,
background
standard
deviation and the Maximum Allowable Result
(hereinafter
referred
to
as
“MAR”)
for
each
parameter
using
the
following procedures:
1)
Results from all samples collected during the year
must be used
in the calculations unless the owner
or operator demonstrates to the Agency that one or
more of the results was due to error
in sampling,
analysis or evaluation.
2)
All calculations must be based on a minimum of at
least
six
sample measurements
per parameter
per
well.
3)
If any measured value
is equal to or greater than
its PQL,
or
if any measured value
is greater than
its corresponding groundwater standard, the actual
measured value must
be used calculating the mean
and standard deviation.
4)
If any measured value is less than its PQL and less
than its corresponding groundwater standard, the PQL
rather
than
the measure value
is
to
be
used
in
calculating the mean and standard deviation.
5)
Except for pH, the
MAR is the quantity equal to the
measured mean value
of
the
contaminant plus
the
product
of
the
contaminant’s
standard
deviation
times the following constant:
Sample Size
Constant
6
2.10
7
2.03
126—190
69
8
1.97
9
1.93
10
1.90
11
1.88
12
1.85
13
1.84
14
1.82
6)
For pH, the upper limit for the MAR is the quantity
equal to the measured background mean pH plus the
product
of
the
calculated
background
standard
deviation
of
the
samples
times
the
constant
tabulated in subsection
(a) (5).
7)
For pH, the lower limit of the MAR is the quantity
equal to the measured background mean pH minus the
product
of
the
calculated
background
standard
deviation
of
the
samples
times
the
constant
tabulated in subsection
(a) (5).
Section 616.208
Continued Sampling
Upon completion
of the background sampling required pursuant to
Section 616.207, the owner or operator shall sample each monitoring
well for the duration of the compliance period and analyze
each
sample,
except as provided in
Section 616.209,
according to the
following program:
a)
For
a unit subject to Subpart
E
(land treatment units)
or Subpart F (surface impoundments) sampling shall be at
least quarterly and analysis shall
be for pH, specific
conductance, total organic carbon, total organic halogen,
and
any
other
parameter
that
meets
the
following
criteria:
1)
Material
containing
such
parameter
is
stored,
treated or disposed at the unit; and
2)
The Board
has adopted
a groundwater
standard
for
such parameter.
b)
For
a
unit
subject to Subpart
I
for
the storage
and
handling
of
pesticides
sampling
shall
be
at
least
quarterly,
except
as
provided
in
subsection
(d),
and
analysis shall
be for five specific pesticides or five
groups of chemically-similar pesticides stored or handled
at the unit that are the most likely to enter into the
groundwater from the unit and that are the most toxic.
The owner
or
operator shall
choose
the
five
specific
pesticides
or
five
groups
based
upon
the
following
criteria:
126— 19 1
70
1)
The volume
of the pesticides stored or handled
at
the unit;
2)
The leachability characteristics of the pesticides
stored or handled at the unit;
3)
The
toxicity
characteristics
of
the
pesticides
stored or handled at the unit;
4)
The history of spillage of the pesticides stored or
handled at the unit; and
5)
Any groundwater standards for the pesticides stored
or handled at the unit.
c)
For
a
unit subject to
Subpart
J
for the storage
and
handling
of
fertilizer
sampling
shall
be
at
least
quarterly,
except
as
provided
in
subsection
d),
and
analysis shall be for
pH, total organic carbon, nitrates
as nitrogen, ammonia nitrogen, and specific conductance.
d)
Subsections
(b)
and
(c)
notwithstanding,
for
a
unit
subject
to
Subpart
I for the storage
and handling
of
pesticides
or for a unit subject to Subpart
J for the
storage and handling of fertilizers,
sampling shall be
at
least
semi-annually provided
that
eachall
of
the
following conditions
is met:
1)
The
unit
is
in
compliance
with
the
containment
requirements of
8
Ill. Adm.
Code 255;
2)
There have been no detections within the preceding
two years
in any
of the monitoring
wells
of
any
contaminant stored or handled at the facility or of
any contaminant
attributable to
operation
of the
unit;
and
e)
For
a unit
subject
to
Subpart K
for the
storage
and
handling of road oils
or subject
to
Subpart L for the
storage and handling of de—icing agents sampling shall
be
annually
and
analysis
shall
be
for
pH,
specific
conductance,
total
organic
carbon
and
total
organic
halogen.
Section 616.209
Preventive Notification and Preventive Response
a)
Preventive
notification
is required
for
each well
in
which:
1)
A MAR is found to be exceeded (except for pH),
or
2)
There is a detection
of any contaminant:
126—192
71
A)
Required
to
be
monitored
under
Section
616.207(a).;
B)
Listed under 35 Ill. Adm. Code 620.310(a) (3) (A)
(except due to natural causes and except for
pH);
C)
Denoted as carcinogen under 35 Ill.
Adm. Code
620.410(b);
or
D)
Subject to a standard under
35
Ill.
Adm. Code
620.430
(except due to natural causes).
b)
Whenever
preventive
notification
is
required
under
subsection
(a), the owner or operator of the unit shall
confirm the detection by resampling the monitoring well
or wells.
This resampling shall be analyzed for each
parameter found to be present in the first sample and be
performed within 30 days of the date on which the first
sample analyses are received, but no later than 90 days
after the results of the first sample were received.
c)
If preventive notification is provided under subsection
(b) by the owner or operator and the applicable standard
has not been exceeded, the Agency shall determine whether
the levels
for each parameter
as set
forth
in
35
Ill.
Adm.
Code
620.310(a)(3)(A)
are
exceeded.
If
an
exceedence
is
determined,
the Agency
shall notify the
owner or operator in writing regarding such finding.
d)
Upon
receipt
of
a
finding
that
an
exceedence
has
occurred,
the
owner
or
operator
shall
submit
to
the
Agency within 60 days a report that,
at
a minimum, shall
include the degree and extent of contamination and the
measures that are being taken to minimize or eliminate
this
contamination,
in
accordance
with
a
prescribed
schedule.
The owner
or
operator may also
provide
a
demonstration that:
1)
The
contamination
is
the result
of
contaminants
remaining
in groundwater from a prior release for
which
appropriate
action was taken
in accordance
with the laws and regulations in existence at the
time of the release;
2)
The source of contamination is not due to the on—
site release of contaminants; or
3)
The
detection
resulted
from
error
in
sampling
analysis or evaluation.
126—193
72
e)
Based upon the report in subsection
(d)
as well as any
other relevant information available to the Agency, the
Agency shall provide a written response to the owner or
operator that specifies either:
1)
Concurrence
with
the
preventive
response
being
undertaken; or
2)
Non-concurrence with the preventive response being
undertaken and a description of the inadequacies of
such action.
f)
An owner or operator who received a written response of
concurrence
pursuant to
subsection
(e)
shall
provide
periodic program reports
to
the Agency
regarding
the
implementation of the preventive response.
g)
An owner or operator who receives a written response of
non—concurrence pursuant to subsection
(e) shall have 30
days to correct
the inadequacies
and
to
resubmit the
report to the Agency or to request a conference with the
Agency.
Upon receipt
of a written request for such a
conference,
the
Agency
shall
schedule
and
hold
the
conference within
30 days.
Following a conference, the
Agency shall provide the owner or operator with a final
determination regarding the adequacy of the preventive
response.
h)
An
owner
or
operator
shall
be
responsible
for
implementing adequate preventive response as determined
pursuant to this Section.
i)
After
completion
of
preventive
response,
the
concentration of a contamination listed in 35 Ill. Adm.
Code
620.310(a)
(3) (A)
in
groundwater
may
exceed
50
percent of the applicable numerical standard in 35
Ill.
Adm.
Code
Subpart
D,
only if the following conditions
are met:
1)
The exceedence
had been minimized
to
the extent
practicable;
2)
Beneficial
use,
as
appropriate
fOr the class
of
groundwater, has been assured; and
3)
Any threat to public health or the environment has
been minimized.
j)
Nothing
in
this
Section
shall
in
any way
limit
the
authority of the State or the United States to require
or perform any corrective action process.
126—194
73
Section 616.210
Corrective Action Program
~~heneverany applicable groundwater standard under
35
Ill.
Adm.
Code
620.Subpart
D
is
exceeded,
an
owner
or
operator
shall
be
required to undertake the following corrective action:
a)
Notify the Agency of the need to undertake a corrective
action program when submitting the groundwater monitoring
results
required
pursuant
to
Section
616.206.
The
notification must indicate in which wells and for which
parameters a groundwater standard was exceeded.
b)
Continue
to
sample
and
analyze
according
to
the
provisions of Section 616.208(a),
except that:
1)
For all units subject to Subpart
I for the storage
and handling of pesticides the frequency of all such
sampling shall be quarterly until no measured values
above the groundwater standard have been recorded
for any parameter for two consecutive quarters.
2)
For a unit subject to Subpart J for the storage and
handling of fertilizers sampling shall be quarterly
for
the
parameters
set
forth
in
Section
6l6.207(a)(3)
stored or handled at the unit until
no measured values above the groundwater standard
have been recorded for two consecutive quarters.
c)
If
sample
values
above
any groundwater
standard
are
confirmed pursuant
to Section 616.209(b),
the owner
or
operator shall:
1)
Submit to the Agency an engineering feasibility plan
for a corrective action program designed to achieve
the requirements of subsection
(e) through
(j).
A)
Such
feasibility plan
shall
be
submitted to
the Agency within 180 days after the date of
the sample in which a groundwater standard was
initially exceeded.
B)
This requirement
is waived
if no groundwater
standard
is
exceeded
in
any
sample
taken
pursuant to subsection
(b)
for two consecutive
quarters.
d)
Except as provided in subsection
(c) (1) (B), the Agency
shall provide a written response to the owner or operator
based upon the engineering feasibility plan and any other
relevant information, that specifies either:
1.)
Concurrence with the feasibility plan for corrective
126—195
74
action; or
2)
Non-concurrence
with
the
feasibility
plan
for
corrective
action
and
a
description
of
the
inadequacies of such plan.
e)
An owner or operator who receives a written response of
concurrence
pursuant
to
subsection
(d)
shall
provide
periodic progress reports to the Agency regarding the
implementing of the preventive response.
f)
An owner or operator who receives a written response of
non—concurrence pursuant to subsection
(d) shall have 30
days to
correct the inadequacies
and to resubmit the
report to the Agency or to request a conference with the
Agency.
Upon receipt
of
a written request for such
a
conference,
the
Agency
shall
schedule
and
hold
the
conference within 30 days.
Following
a conference,
the
AGency shall provide the owner or operator with a final
determination regarding the adequacy of the corrective
action.
g)
An
owner
or
operator
shall
be
responsible
for
implementing adequate preventive response as determined
pursuant to this Section.
h)
Except as provided in subsection
(c) (1) (B), the owner or
operator shall:
1)
Begin
the corrective
action program specified
in
the engineering feasibility plan no later than the
date of receipt of concurrence from the Agency.
2)
Establish
and
implement
a
groundwater monitoring
program to
demonstrate
the
effectiveness
of
the
corrective action program.
3)
Take corrective action that results
in compliance
with the groundwater standards:
A)
At all compliance points; and
B)
Beyond the unit boundary, where necessary to
protect
human
health
and
the
environment,
unless the owner
or operator demonstrates to
the
Agency
that,
despite
the
owner’s
or
operator’s best efforts, the owner or operator
was unable to obtain the necessary permission
to
undertake
such
action.
The
owner
or
operator is not relieved of responsibility to
clean up a release that has migrated beyond the
unit boundary where off—site access is denied.
126—196
75
4)
Continue
corrective action measures to the extent
necessary to ensure that no groundwater standard is
exceeded at the compliance point or points.
5)
The
owner
or
operator
may
terminate
corrective
actions measures taken beyond the compliance period
as identified at Section 616.202
if the owner
or
operator can demonstrate based on data from the post
closure
groundwater
monitoring
program
under
subsection
(h) (2), that no groundwater standard has
been exceeded
for
a
period
of three
consecutive
years.
6)
Report in writing to the Agency on the effectiveness
of the corrective
action program.
The owner
or
operator shall submit these reports semi—annually.
7)
If
the
owner
or
operator
determines
that
the
corrective action program no longer
satisfies the
requirements of this Section, the owner or operator
shall, within 90 days, make any appropriate changes
to the program.
i)
Subsections
(b),
(c)
and
(f) do not apply
if the owner
or
operator
makes
an
alternate
corrective
action
demonstration pursuant to Section 616.211.
Section 616.211
Alternate Corrective Action Demonstration
If
a corrective
action program
is
required pursuant to
Section
616.210,
it
is presumed that contamination from the facility or
unit
that is being monitored is responsible for the groundwater
standard being exceeded.
An owner or operator may overcome that
presumption by making a clcar and convincing demonstration that a
source other
than the facility or
unit that
is
being monitored
caused the groundwater standard to be exceeded,
or that the cause
of
the groundwater
standard being
exceeded
is due
to
error
in
sampling,
analysis
or
evaluation.
In making such demonstration
the owner or operator shall:
a)
Notify the Agency that the owner or operator intends to
make a demonstration under this Section when submitting
the groundwater monitoring results required pursuant to
Section 616.206.
b)
Submit a report to the Agency that demonstrates that a
source other than a facility or unit for which he is the
owner or operator caused the groundwater standard to be
exceeded, or that the groundwater standard was exceeded
due to
an
error
in
sampling,
analysis
or
evaluation.
Such report must be included with the next submission of
126—197
76
groundwater
monitoring
results
required
pursuant
to
Section
616.206;
and
c)
The Agency shall provide a written response to the owner
or operator based upon the written demonstration and any
other relevant information, that specifies either:
1)
Concurrence
with
the
written
demonstration
for
alternate corrective
action with requirements to
continue
to
monitor
in
accordance
with
the
groundwater monitoring program established pursuant
to Sections 616.205 and 616.210; or
2)
Non—concurrence with the written demonstration for
alternate corrective action and
a description
of
the inadequacies of such demonstration.
d)
An owner or operator who receives a written response of
non—concurrence pursuant to subsection
(c) shall have 30
days to so respond to the Agency in writing Or to request
a conference with the Agency.
Upon receipt of a written
request for such a conference, the Agency shall schedule
and
hold
the
conference
within
30
days.
Following
a
conference,
the
Agency
shall
provide
the
owner
or
operator
with
a
final
determination
regarding
the
adequacy of the alternate corrective action.
e)
The owner or operator shall begin the corrective action
program in accordance with the requirements of Section
616.210(f).
SUBPART
C:
GENERAL CLOSURE
AND
POST-CLOSURE REQUIREMENTS
Section 616.301
Applicability
This Subpart applies to:
a)
Land treatment units subject to Subpart E;
b)
Surface impoundments subject to Subpart F;
c)
Pesticide storage and handling units subject to Subpart
I;
and
d)
Fertilizer storage and handling units subject to Subpart
J.
Section
616.302
Closure
Performance
Standard
The owner or operator shall close the unit in a manner that:
a)
Controls,
minimizes
or
eliminates,
to
the
extent
126—198
77
necessary to protect human health and the environment,
post—closure
escape
of
waste,
waste
constituents,
leachate,
contaminated
runoff
or
waste
decomposition
products to soils, groundwaters, surface waters, and the
atmosphere;
b)
Minimizes
the
need
for
maintenance
during
and
beyond
the
post—closure care period; and
c)
Complies with the closure requirements of
35
Ill.
Adm.
Code:
Subtitles C and G.
Section 616.303
Certification of Closure
Within 60 days after completion of closure of each unit, the owner
or operator shall submit to the Agency, by registered or certified
mail,
a certification that the unit has been closed in accordance
with the closure requirements.
The certification must be signed
by
the
owner
or
operator
and
by
an
independent
registered
professional engineer.
Documentation supporting the independent
registered professional engineer’s certification must be furnished
to the Agency upon request.
Section 616.304
Survey Plat
~
No later than the submission of the certification of closure
of
each unit, the owner or
operator shall submit to any local
zoning authority,
or authority with jurisdiction
over
local
land use,
and to the Agency,
and record with land titles,
a
survey plat
indicating
the location
and
dimensions
of
any
waste
disposal
units,
and
any
pesticide
or
fertilizer
storage
and
handling
units,
with
respect
to
permanently
surveyed benchmarks.
This plat must be prepared and certified
by
a registered land surveyor.
b)
For pesticide storage and handling units
or
for fertilizer
storage and handling units records or reports required under
any
other
State
or
Federal
regulatory
program
and which
contain the information required above n~aybe used to satisfy
this reporting requirement.
Section 616.305
Post-Closure Notice for Waste DispOsal Units
No later than 60 days after
certification of closure of the unit,
the
owner
or operator of
a unit subject to Subparts D,
E,
or
F
shall submit to the Agency,
to the County Recorder and to any local
zoning authority or authority with jurisdiction over
local
land
use, a record of the type, location and quantity of wastes disposed
of within each cell or other area of the unit.
Section 616.306
Certification
of
Completion
of
Post—closure
Care
126— 199
78
No later than 60 days after completion of the established post-
closure care period,
the owner
or operator shall
submit to the
Agency, by registered or certified mail,
a certification that the
post—closure care period for the unit was performed in accordance
with the specifications
in
the approved post-closure plan.
The
certification
must
be
signed by
the
owner
or
operator
and
an
independent
registered
professional
engineer.
Documentation
supporting
the
independent
registered
professional
engineer’s
certification must be furnished to the Agency upon request.
Section 616.307
Post-Closure Care Period
The
post-closure
care
period
is
as
defined
at
Section
616.202.
SUBPART
D:
~.I:~S~1TE
LANDFILLS
Section 616.401
Applicability
This
Subpart
applies
to
new landfill units which are located wholly
or
partially
within
a
setback
zone
or regulated recharge area and
that contain special waste or other waste generated on—site, except
that
this
Subpart
does
not
apply
to
any
new
landfill
unit
that:
a)
Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction
and demolition debris; or
b)
Is exempt from this Part pursuant to Section 616.105.
Section 616.402
Prohibitions
a)
Pursuant to Sections 14.2(a), 14.2(d) and 14.3(e) of the
Act, no person shall cause or allow the construction, use
or operation of any landfill unit that is:
1)
Located wholly or partially within a minimum setback
zone and that
is
either
a new potential primary
source or a new potential secondary source,
except
as specified in Sections 616.104(a)
and
(b); or
2)
Located wholly or partially within a maximum setback
zone and that is
a new potential primary source,
except as specified in Section 616.104(b).
b)
No
person
shall
cause
or
allow
the
disposal
of
special
waste in a new on—site landfill unit within a regulated
recharge area if the distance from the wellhead of the
community water supply well to the landfill unit is 2500
feet or less,
except as provided at Section 616.105.
SUBPART
E
ON-SXTE
LAND
TREATMENT
UNITS
126—200
79
Section 616.421
Applicability
This Subpart applies to new land treatment units that are located
wholly
or
partially within
a
setback
zone or regulated recharge
area
and
that
treat
or
dispose
special
waste
or
other
waste
generated on-site, except that this Subpart does not apply to any
new land treatment unit that:
a)
Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction
and demolition debris; or
b)
Is exempt from this Part pursuant to Section 616.105.
Section 616.422
Prohibitions
a)
Pursuant
to
Sections 14.2(a),
14.2(c) and 14.3(e)
of the
Act, no person shall cause or allow the construction, use
or
operation
of
any
land
treatment
unit
that
is:
1)
Located wholly or partially within a minimum setback
zone
and
that
is
either
a
new potential primary
source or a new potential secondary source,
except
as specified in Sections 616.104(a)
and
(b); or
2)
Located wholly
or
partially
within
a
maximum
setback
zone and that is
a new potential primary source,
except as specified in Section 616.104(b).
b)
Nothing
in this Section shall
prohibit land treatment
within
a maximum setback
zone regulated by
the Act of
sludge
resulting
from
the
treatment
of
domestic
wastewater
or
of
sludge
resulting
from
the
treatment
of
water to produce potable water,
if such activities are
conducted
in
accordance
with
the
Act
and
35
Ill.
Adm.
Code:
Subtitle
C.
Section 616.423
Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 616.424
Design and Operating Requirements
The owner or operator shall design and operate the land treatment
site in accordance with 35
Ill. Adm. Code:
Subtitle C and 35 Ill.
Adm.
Code:
Subtitle G.
Section 616.425
Closure and Post-Closure
The owner or operator shall comply with the requirements of Subpart
126—201
80
C.
SUBPART
F:
~1~1~
SURFACE IMPOUNDMENTS
Section 616.441
Applicability
This Subpart
applies to new surface impoundment
units
that
are
located wholly
or partially within
a
setback
zone or regulated
recharge
area
and
that
contain
special
waste
or
other
waste
generated on-site, except that this Subpart does not apply to any
new surface impoundment unit that:
a)
Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction
and demolition debris;
or
b)
Is exempt from this Part pursuant to Section 616.105.
Section 616.442
Prohibitions
Pursuant
to
Sections
14.2(a),
14.2(c)
and
14.3(e)
of
the
Act,
no
person shall cause or allow the construction, use or operation of
any surface impoundment unit that is:
a)
Located wholly or partially within a minimum setback zone
and
that
is either a new potential primary source or a
new potential secondary source,
except
as
specified
in
Sections
616.104(a)
and
(b);
or
b)
Located
wholly
or partially within a maximum setback zone
and
that
is
a
new potential primary
source,
except
as
specified
in
Section
616.104(b).
Section
616.443
Groundwater
Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 616.444
Design and Operating Requirements
a)
The owner
or
operator
of
a
surface
impoundment
shall
install
two
or more
liners and
a
leachate collection
system between
such
liners.
The requirement
for the
installation of two or more liners
in this subsection
may be
satisfied by the
installation
of
a
top
liner
designed,
operated,
and
constructed
of
materials
to
prevent the migration of any constituent into such liner
during
the period
such
facility remains
in operation
(including any post-closure monitoring period),
and
a
lower
liner
designed,
operated
and
constructed
to
prevent
the
migration
of
any
constituent
through
such
liner
during such period.
For the purpose of the preceding
126—202
81
sentence,
a lower liner shall be deemed to satisfy such
requirement
if
it
is
constructed
of
at
least
a
5—foot
thick layer of reconipacted clay or other natural material
with a permeability of no more than 1 x 10
centimeter
per second.
b)
A
surface
impoundment
must
be
designed,
constructed,
maintained and operated to prevent overtopping resulting
from normal or abnormal operations; overfilling; wind and
wave
action;
rainfall;
run—on;
malfunctions
of
level
controllers, alarms and other equipment; and human error.
c)
A
surface
impoundment
must
have
dikes that are designed,
constructed
and maintained with
sufficient
structural
integrity to prevent massive failure of the dikes.
In
ensuring
structural
integrity,
it
must not be presumed
that
the
liner
system
will
function
without
leakage
during the active life of the surface impoundment
d)
The owner or operator shall maintain the following items:
1)
Records
describing
the
contents
of
the
impoundment;
and
2)
A map showing the exact location and dimensions of
the impoundment,
including depth with respect to
permanently surveyed benchmarks.
Section 616.445
Inspection Requirements
a)
During
construction
and
installation,
liners
must
be
inspected for uniformity, damage and imperfections (e.g.,
holes,
cracks,
thin
spots
or
foreign
materials).
Immediately after construction or installation:
1)
Synthetic
liners
and covers must
be inspected to
ensure tight
seams and joints and the absence of
tears, punctures and blisters; and
2)
Soil—based and admixed
liners
and covers must
be
inspected
for
imperfections
including
lenses,
cracks,
channels,
root holes
or
other
structural
non—uniformities that may cause an increase in the
permeability of that liner or cover.
b)
While a surface impoundment is in operation,
it must be
inspected weekly and after storms to detect evidence of
any of the following:
1)
Deterioration,
malfunctions or
improper operation
of
overtopping
control
systems;
126—203
82
2)
Sudden
drops
in the
level
of
the
impoundment’s
contents;
3)
Severe erosion or other signs of deterioration
in
dikes or other containment devices; or
4)
A leaking dike.
Section 616.446
Operating Requirements
a)
No person shall cause or allow incompatible materials to
be placed in the same surface impoundment unit.
b)
A surface impoundment unit must be removed from service
in accordance with subsection
(c) when:
1)
The level of liquids in the unit suddenly drops and
the
drop
is
not
known to
be
caused
by
changes
in
the
flows into or out of the unit; or
2)
The dike leaks.
c)
When
a
surface
impoundment unit must be removed
from
service
as
required
by
subsection
(b),
the
owner
or
operator shall:
1)
Shut off
the
flow or stop the addition of
wastes
into the impoundment unit;
2)
Contain any surface leakage that has occurred or is
occurring;
3)
Stop the leak;
4)
Take any other necessary steps to stop or prevent
catastrophic failure;
5)
If
a
leak cannot
be
stopped by any other
means,
empty the impoundment unit; and
6)
Notify the Agency of the removal from service and
corrective actions that were taken,
such notice to
be
given
within
10
days
after
the
removal
from
service.
d)
No surface impoundment unit that has been removed from
service
in
accordance with
the
requirements
of
this
Section may be restored to service unless the portion of
the unit that failed has been repaired.
e)
A surface
impoundment unit that has been removed from
service
in
accordance with
the
requirements
of
this
126—204
83
Section and that is not being repaired must be closed in
accordance with the provisions of Section 616.447.
Subpart 616.447
Closure and Post-Closure Care
a)
If closure
is
to be by removal, the owner
or operator
shall remove all waste, all waste residues, contaminated
containment
system
components
(liners,
etc.),
contaminated
subsoils
and
structures
and
equipment
contaminated with waste and leachate;
and,
if disposed
in the State of Illinois, dispose of them at a disposal
site permitted by the Agency under the Act.
b)
If closure is not to be by removal, the owner or operator
shall
comply with
the
requirements
of
Subpart
C
and
shall:
1)
Eliminate free liquids by removing liquid wastes or
solidifying the remaining wastes and waste residues.
2)
Stabilize remaining wastes
to
a
bearing capacity
sufficient to support final cover.
3)
Cover
the
surface
impoundment unit
with
a
final
cover designed and constructed to:
A)
Provide long-term minimization of the migration
of liquids through the closed impoundment unit;
B)
Function with minimum maintenance;
C)
Promote
drainage
and
minimize
erosion
or
abrasion of the final cover;
D)
Accommodate settling
and
subsidence
so
that
the cover’s integrity is maintained; and
E)
Have a permeability less than or equal to the
permeability of any bottom liner system.
c)
If some waste residues or contaminated materials are left
in place at final closure, the owner or operator shall
comply with the requirements of Subpart C and shall for
a period of
5 years after closure:
1)
Maintain
the
integrity
and
effectiveness
of
the
final cover, including making repairs to the cap as
necessary
to
correct
the
effects
of
settling,
subsidence,
erosion or other events;
2)
Maintain
and
monitor
the
groundwater
monitoring
system; and
126—205
84
3)
Prevent run—on and run—off from eroding or otherwise
damaging the final cover.
SUBPART G:
~
WASTE PILES
Section 616.461
Applicability
This Subpart applies to new waste piles that are located wholly or
partially within a setback zone or regulated recharge area and that
contain special waste or other waste generated on—site, except that
this Subpart does not apply to any new waste pile that:
a)
Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction
and demolition debris;
or
b)
c)
Is exempt from this Part pursuant to Section 616 105
Section 616.462
Prohibitions
a)
Pursuant to Sections 14.2(a), 14.2(c) and 14.3(e)
of the
Act, no person shall cause or allow the construction, use
or operation of any waste pile that
is:
1)
Located wholly or partially within a minimum setback
zone and
that
is
either
a
new potential primary
source or a new potential secondary source,
except
as specified in Sections 616.104(a)
and
(b); or
2)
Located wholly or partially within a maximum setback
zone and that
is
a new potential primary source,
except as specified in Section 616.104(b).
b)
No
person shall cause or allow the &Lsposal of special
waste
in
a new waste pile within a regulated recharge
area if the distance from the welThead of the comiuunity
water supply well to the-waste pile-is
2500:feet or less7
except as provided at section -616.105.
-
C)
Nothing
in
this
Section
shall
prohibit
a
waste
pile
within
a maximum setback
zone regulated by the Act of
sludge
resulting
from
the
treatment
of
domestic
wastewater or of sludge resulting from the treatment of
water to produce potable water,
if such activities are
conducted
in
accordance
with
the
Act~
and
35
Ill.
Adni.
126—206
85
Code
Subtitle C, Subtile
F, and Subtitle G
Section 616.463
Design and Operating Requirements
a)
No person shall cause or allow:
1)
Disposal or storage in the waste pile of liquids or
materials containing free liquids; or
2)
Migration and runoff of leachate into adjacent soil,
surface water,
or groundwater.
b)
A waste pile must comply with the following standards:
1)
The waste pile must be under an impermeable membrane
or
cover
that
provides
protection
from
precipitation;
2)
The waste pile must be protected from surface water
run—on; and
3)
The waste
pile must be designed
and
operated
to
control wind dispersal
of waste by
a means
other
than wetting.
Section 616.464
Closure
The owner
or
operator shall
accomplish closure by removing and
disposing of all wastes and containment system components (liners,
etc).
If
disposed
in
the
State
of
Illinois,
the
waste
and
containment system components must be disposed at a disposal site
permitted by the Agency under the Act.
SUBPART H: UNDERGROUND STORAGE TANKS
Section 616.501
Applicability
This Subpart
applies
to new underground storage tanks
that are
located wholly
or partially within
a
setback
zone
or regulated
recharge area and
that contain
special
waste,
except that this
Subpart does not apply to any new underground storage tank that:
a)
Pursuant to
35
Ill.
Adm. Code 731.110(a)
must meet the
requirements set forth in 35 Ill.
Adm. Code 731, unless
such a tank is excluded from those requirements pursuant
to 35
Ill. Adm.
Code 731.110(b);
or
b)
Must have interim status or a RCRA permit under 35 Ill.
Adm.
Code:
Subtitle G; or
c)
Is exempt from this Part pursuant to Section 616.105.
126—207
86
Section 616.502
Design and Operating Requirements
Owners and operators of new underground storage tanks that store
special waste shall meet the requirements set forth in 35 Ill. Adm.
Code
731.
Such requirements must be met even if the tanks
are
excluded from coverage under 35 Ill.
Adin.
Code 731 by 35
Ill. Adm.
Code 731.110(b).
The exclusions set forth
in
35
Ill.
Adm.
Code
731.110(b)
shall
not apply
to
any underground
storage tank that
stores special waste.
SUBPART
I:
PESTICIDE STORAGE
AND
HANDLING UNITS
Section 616.601
Applicability
This Subpart applies to any new unit for the storage and handling
of pesticides that is located wholly or partially within a setback
zone or regulated recharge area and that:
a)
Is operated for the purpose of commercial
application;
or
b)
Stores or accumulates pesticides prior to distribution
to retail sales outlets,
including but not limited to a
unit that is a warehouse or bulk terminal.
c)
Subsections
(a)
and
(b)
notwithstanding,
this
Subpart
does not apply to any unit exempt pursuant to Section
616. 105.
Section 616.602
Prohibitions
Pursuant to Sections 14.2(a),
14.2(c)
and 14.3(e)
of the Act,
no
person shall cause or allow the construction, use or operation of
any unit for the storage and handling of pesticides that is:
a)
Located wholly or partially within a minimum setback zone
and that is either a new potential primary source or a
new potential secondary source,
except as specified
in
Section 616.104(a)
and
(b); or
b)
Located wholly or partially within a maximum setback zone
and that is
a new potential primary source,
except
as
specified in Section 616.104(b).
Section 616.603
Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 616.604
Design and Operating Requirements
The owner or operator shall:
126—208
87
a)
Maintain
a written record
inventorying all pesticides
stored or handled at the unit.
b)
At least weekly when pesticides are being stored, inspect
storage
containers,
tanks,
vents,
valves,
and
appurtenances
for
leaks
or
deterioration
caused
by
corrosion or other factors.
If a leak or deterioration
is found in any of these devices, the owner or operator
must immediately repair or replace the device.
The owner
or
operator
shall
maintain
a
written
record
of
all
inspections
conducted
under
this
Section
and
of
all
maintenance relating to leaks and deterioration of these
devices.
c)
Store
all
containers
containing
pesticides
within
a
pesticide
secondary
containment
structure,
if
such
containers are stored outside of
a roofed structure or
enclosed warehouse.
For the purpose of this subsection
a
pesticide
secondary
containment
structure
is
a
structure that complies with the design
standards
set
forth in 8
Ill. Adm. Code 255.
d)
Maintain all written records required under this Section
at the site.
The owner or operator shall provide any
such record to the Agency upon request.
(Board Note:
Owners or operators of facilities or units
subject to this Part may also be subject to regulations
under
8
Ill. Adm. Code 255).
Section 616.605
Closure and Post-Closure Care
The owner or operator shall comply with the requirements of Subpart
C.
SUBPART
J:
FERTILIZER
STORAGE
AND
HANDLING
UNITS
Section 616.621
Applicability
This Subpart applies to any new unit for the storage and handling
of fertilizers that is located wholly or partially within a setback
zone or regulated recharge area and that:
a)
Is operated for the purpose of commercial application;
or
b)
Stores or accumulates fertilizers prior to distribution
to retail sales outlets, including but not limited to a
unit that is a warehouse or bulk terminal.
C)
Subsections
(a)
and
(b)
notwithstanding,
this Subpart
126—209
88
shall not apply to any unit exempt pursuant to Section
616. 105.
Section 616.622
Prohibitions
Pursuant to Sections 14.2(a),
14.2(c)
and
14.3(e)
of the Act,
no
person shall cause or allow the construction, use or operation of
any unit for the storage and handling of fertilizers that is:
a),
Located wholly or partially within a minimum setback zone
and that is either a new potential primary source or a
new potential secondary source,
except as specified in
Sections 616.104(a)
and
(b); or
b)
Located wholly or partially within a maximum setback zone
and that is
a new potential primary source,
except
as
specified in Section 616.104(b).
Section 616.623
Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 616.624
Design and Operating Requirements
The owner or operator shall:
a)
Maintain
a written record
inventorying all fertilizers
stored or handled at the unit.
b)
At
least
weekly
when
fertilizers
are
being
stored,
inspect
storage
containers,
tanks,
vents,
valves,
and
appurtenances
for
leaks
or
deterioration
caused
by
corrosion or other factors.
If a leak or deterioration
is found in any of these devices,
the owner or operator
shall
immediately repair
or
replace the
device.
The
owner or operator shall maintain a written record of all
inspections
conducted
under
this
Section
and
of
all
maintenance relating to leaks and deterioration of these
devices.
c)
Store
all
containers
containing
fertilizers
(except
anhydrous
ammonia)
within
a
fertilizer
secondary
containment
structure,
if
such
containers
are
stored
outside
of
a
roofed structure or
enclosed warehouse.
For the purpose of this subsection a fertilizer secondary
containment structure is a structure that complies with
the design standards set forth in
8 Ill. Adm. Code 255.
d)
Maintain all written records required under this Section
at the site.
The owner or operator shall provide any
such record to the Agency upon request.
126—210
89
(Board Note:
Owners or operators of facilities or units
subject to this Part may also be subject to regulations
under
8 Ill. Adm. Code 255).
Section 616.625
Closure and Post-Closure Care
The owner or operator shall comply with the requirements of Subpart
C.
SUBPART K: ROAD OIL STORAGE AND HANDLING UNITS
Section 616.701
Applicability
This Subpart applies to any new unit for the storage and related
handling of road oils that is located wholly or partially within
a setback zone or regulated recharge area and at which greater than
25,000 gallons of road oils are stored or accumulated at any one
time,
except as otherwise provided in Section 616.105.
Section 616.702
Prohibitions
Pursuant to Sections 14.2(a),
14.2(c) and 14.3(e)
of the Act,
no
person shall cause or allow the construction, use or operation of
any unit for the storage and handling of road oils that is:
a)
Located wholly or partially within a minimum setback zone
and that is either a new potential primary source or a
new potential secondary source,
except
as specified in
Sections 616.104(a)
and
(b);
or
b)
Located wholly or partially within a maximum setback zone
and that is
a new potential primary source,
except as
specified in Section 616.104(b).
Section 616.703
Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 616.704
Design and Operating Requirements for Above-
Ground Storage Tanks
a)
The owner or operator of a tank shall not cause or allow:
1)
Materials to be placed in a tank if such materials
could cause the tank to rupture,
leak, corrode, or
otherwise fail.
2)
Uncovered tanks
to be placed or operated so as to
maintain
less
than
60
centimeters
(2
feet)
of
freeboard unless:
126—211
90
A)
The
tank
is
equipped
with
a
containment
structure
(e.g.,
dike
or trench),
a drainage
control system, or a diversion structure (e.g.,
standby tank); and
B)
Such containment structure,
drainage control
system,
or
diversion
structure
has
a
capacity
that equals or exceeds the volume of the top
60 centimeters
(2
feet)
of the tank.
3)
Material to be continuously fed into a tank, unless
the
tank
is
equipped with
a
means
to
stop
this
inflow
(e.g.,
a
feed
cutoff
system
or
a
bypass
system to a standby tank).
4)
Incompatible materials
to be placed
in the same
tank.
5)
Material to be placed in a tank that previously held
an
incompatible material unless
the
incompatible
material has been washed from the tank.
6)
Ignitable or reactive material to be placed
in
a
tank unless:
A)
The material
is stored or
treated
in such a
way
that
it
is
protected
from
any
material
or
conditions
that may
cause
it
to
ignite
or
react; or
B)
The tank is used solely for emergencies.
b)
The owner or operator shall provide and maintain primary
containment for the tank such that:
1)
The tank has a minimum shell thickness that ensures
that
the
tank
will
not
fail
(i.e.,
collapse,
rupture,
etc.).
2)
The
tank
is
compatible
with
the
material
to
be
placed
in the tank
or
the tank
is
lined with
a
substance that
is compatible with the material to
be placed on the tank.
c)
The
owner
or
operator
shall
provide
and
maintain
secondary containment for the tank that:
1)
Is capable of containing the volume of the largest
tank
or
10
of the
total
volume
for
all
tanks,
whichever is greater;
126—2 12
91
2)
Is constructed of material capable of containing a
spill until cleanup occurs (e.g., concrete or clay).
The base of the secondary containment area must be
capable of minimizing vertical migration of a spill
until cleanup occurs
(e.g., concrete or clay);
3)
Has cover
(e.g., crushed rock or vegetative growth)
on
earthen
embankments
sufficient
to
prevent
erosion; and
4)
Isolates the tank from storm water drains and from
combined
storm
water
drains
and
sanitary
sewer
drains.
d)
If
incompatible
materials
are
handled
at
the
site
secondary containment
sufficient
to
isolate the units
containing the incompatible materials must be provided.
e)
The owner or operator of a tank shall also:
1)
Test above—ground tanks and associated piping every
five years for structural
integrity.
2)
Remove
uncontaminated
storm
water
runoff
the
secondary
containment
area
immediately
after
a
precipitation event.
3)
Handle contaminated storm water runoff in accordance
with 35
Ill. Adm. Code 302.Subpart
A.
4)
Provide
a method for obtaining a sample from each
tank.
5)
Install,
maintain,
and
operate
a
material
level
indicator on each tank.
6)
When not in use,
lock
all gauges and valves that
are used to inspect levels in the tank.
All such
devices
must
be
located
within
the
containment
structure.
Section 616.705
Closure
a)
At
closure,
all
materials
must
be
removed
from
containers,
tanks,
discharge
control
equipment,
and
discharge confinement structures.
b)
All materials that are to
be disposed in the State of
Illinois must be disposed at
a disposal site permitted
by the Agency under the Act.
SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS
126—213
92
Section 616.721
Applicability
This
Subpart
applies
to
any
new
facility
for
the
storage
and
related handling
of
de-icing
agents
that
is
located
wholly
or
partially within
a
setback
zone and at which more than 50,000
pounds of de—icing agent are stored or accumulated at any one time,
except as otherwise provided in Section 616.105.
For the purpose
of this Subpart:
a)
An indoor storage unit means a storage unit with a roof
capable
of
protecting de-icing
agents
from
wind
and
precipitation;
b)
An outdoor storage unit means a unit for the storage of
de-icing agents that is not an indoor storage unit.
Section 616.722
Prohibitions
a)
Pursuant to Sections 14.2(a),
14.2(c) and 14.3(e)
of the
Act,
no
person
shall
cause
or
allow
the
construction,
use
or operation of any unit for the storage and handling of
de-icing agents that is:
1)
Located wholly or partially within a minimum setback
zone and that
is
either
a
new potential primary
source or a new potential secondary source,
except
as specified in Sections 616.104(a) and
(b); or
2)
Located wholly or partially within a maximum setback
zone and that
is
a new potential primary source,
except as specified in Section 616.104(b).
b)
No person shall cause or allow the construction, use or
operation within any setback zone of any outdoor facility
for the storage and handling of de—icing agents,
except
as provided at Section 616.105.
Section 616.723
Groundwater Monitoring
The owner or operator shall comply with the requirements of Subpart
B.
Section 616.724
Design and Operating Requirements for Indoor
Storage Facilities
a)
The base of the facility must be constructed of materials
capable of containing de-icing agents
(i.e., bituminous
or concrete pad).
b)
The roof and walls of the facility must be constructed
of materials capable of protecting the storage pile from
12 6—214
93
precipitation and capable
of
preventing dissolved de—
icing
agents
from
entering
into
the
adjacent
soil,
surface water, or groundwater.
The walls of the facility
must be constructed of materials compatible with the de-
icing agents to be placed in the facility.
Run-off from
the roof must be diverted away from the loading pad.
c)
The loading pad of the facility must be constructed of
materials capable of containing a spill
(i.e., concrete
or bituminous pad).
The borders of the loading pad must
be curbed to prevent dry or dissolved de—icing agents
from migrating from the loading pad
into the adjacent
soils,
surface water,
or groundwater.
The loading pad
must be covered by a roof of sufficient size to provide
the
pad
and
de-icing
agents
with
protection
from
precipitation to prevent run—off or dissolved de—icing
agents
from
entering
into
the adjacent
soil,
surface
water, or groundwater.
d)
All areas
surrounding the storage pile,
including but
not
limited
to
the
loading
pad,
must
be
routinely
inspected to determine whether any release of de—icing
agents
has
occurred.
Such areas
shall
be
cleaned
as
necessary.
Spilled de—icing agents must be placed back
under the protective covering of the indoor storage pile.
The storage pile must be reshaped as often as necessary
to prevent leaching.
e)
The integrity of the facility and loading pad must be
maintained.
f)
All
areas
surrounding
the
storage
facility
must
be
inspected daily to determine whether any release of de—
icing agents has occurred.
Spilled de-icing agents must
be placed back into the storage facility.
Section 616.725
Closure
a)
At closure, all de—icing agents must be removed from the
site,
discharge
control
equipment
and
discharge
confinement structures.
b)
All de-icing agents that are to be disposed in the State
of Illinois must be disposed at a disposal site permitted
by the Agency under the Act.
126—215
94
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F:
PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 617
REGULATED RECHARGE AREAS
SUBPART A: GENERAL
Section
617.101
Purpose
617. 102
Definitions
AUTHORITY:
Implementing Section 17.4 and authorized by Section 27
of the Environmental Protection Act
(Ill.
Rev. Stat.
1989,
ch. 111
1/2, pars.
1017.4 and 1027).
SOURCE:
Adopted in R89-5 at
_______
Ill.
Reg.
_______,
effective
SUBPART A: GENERAL
Section 617.101
Purpose
This Part sets out regulated recharge areas as delineated pursuant
to Section 17.4 of the Illinois Environmental Protection Act (Act),
Ill.
Rev.
Stat.
1989,
ch.
111 1/2, pars.
1001 et seq.
Section 617.102
Definitions
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 those used
in 35
Ill.
Adm.
Code 615.102, the Act,
or
the Illinois Groundwater Protection Act (Ill.
Rev. Stat.
1989,
ch.
111
1/2,
pars.
7451 et seq.).
IT IS SO ORDERED.
Board Members J.D.
Dumelle and B.
Forcade concurred.
I,
Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that th
ab ye Opinion and Order was adopted
on the
/~tl
day of
-‘
,
1991, by a vote of
7-ô
.
Dorothy M. ,~inn,Clerk
Illinois P4llution Control Board
126—2 16
