ILLINOIS POLLUTION CONTROL BOARD
March 14,
1991
IN THE MATTER OF:
)
UTILITY INDUSTRY AMENDMENTS
)
R90-25
TO THE LANDFILL REGULATIONS
)
(Rulemaking)
(PARTS 810—815)
)
PROPOSED RULE.
FIRST NOTICE.
OPINION AND ORDER OF THE BOARD
(by J. Anderson):
On November
29,
1990,
the Board received a Regulatory
Proposal from the Illinois Utility Group (“Utility Group”).
In
its filing
the Utility Group proposed amendments to the
development, operating, and reporting requirements for non—
hazardous waste landfills that were developed in R88—7 and that
are found at
35
Iii. Adm. Code 811.
On December
20,
1990,
the
Board issued an Order directing the Utility Group to amend its
proposal to comply with certain filing requirements set forth
in
35
Ill. Adm. Code 102.121.
Specifically, the Board directed the
Utility Group to provide
it with information on the economic
impact of the proposed rule and an explanation of which material
in the R88—7 Economic
Impact Study
is applicable to the proposed
rule,
and to complete an Analysis of Economic and Budgetary
Effects questionnaire.
On February
4,
1991,
the Utility Group
filed
its Response
to the Board’s December
20,
1990 Order.
On
March 13,
1991,
the Utility Group filed an amended proposal.
The Board today acts
to send this regulatory proposal
to
First Notice without ruling on the merits of the proposal.
The
Board directs the Clerk of the Board to cause the publication of
the proposal in the Illinois Register.
This action does not
constitute the Board’s adoption of a substantive position
concerning the proposal.
Notwithstanding
the above,
the Board
has made minor changes
in the proposal to correct minor
deficiencies.
For example,
the Board has corrected punctuation.
In addition to the foregoing,
the Board directs the Hearing
Officer
to set a hearing date
for this proposal and, as
appropriate,
to establish deadlines for the pre—filing of
testimony, exhibits, questions,
and responses thereto.
Those who
do not pre—file such materials will be able to present their
evidence only as time permits.
The Board believes that such
procedures will make efficient use of the Board’s limited hearing
money,
avoid undue delay,
and provide an opportunity for public
participation.
The Board also notes
the following:
First, pursuant
to
Section
27 of the Environmental Protection Act
(Act), the Board
120—209
—2—
has
60 days from the date of first acceptance for hearing to
determine whether or not an Economic Impact Study
(EcIS)
is
necessary for this proposal.
Accordingly,
the calculation of
time during which the Board must make this determination for this
proposal begins
to run
as of this date.
Those wishing to
comment on this aspect of the proceeding must do so within 21
days of this date (see Section 27 of the Act).
Second, we note
that the Utility Group has proposed amendments
to 35
Iii. Adm.
Code 814, which covers existing landfills.
We remind the
proponent that the Board,
in R88-7, granted
a one year stay from
the September
18,
1990 effective date of
35 Ill. Adm. Code 811
for new landfills that dispose of wastes generated by electric
utilTETes only.
We have, however,
included the amendments
to 35
Ill. Adm. Code 814 in this First Notice for the purpose of
administrative ease and economy.
We emphasize that our action is
not
to be construed as staying the September
18, 1990
applicability date of the landfill regulations
for existing
landfills.
ORDER
The Board hereby proposes for First Notice the following
amendments to
35
Ill. Adm. Code 811 and 814,
as well as
35
Ill.
Adm. Code 816.
The Clerk of
the Board
is directed
to file these
proposed amendments with the Secretary of
State.
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
i:
SOLID WASTE AND SPECIAL WASTE HAULING
PART 811
STANDARDS FOR NEW SOLID WASTE LANDFILLS
SUBPART A:
GENERAL STANDARDS FOR ALL LANDFILLS
Section
811.101
Scope and Applicability
811.102
Location Standards
811.103
Surface Water Drainage
811.104
Survey Controls
811.105
Compaction
811.106
Daily Cover
811.107
Operating Standards
811.108
Salvaging
811.109
Boundary Control
811.110
Closure and Written Closure Plan
811.111
Postclosure Maintenance
SUBPART
B:
INERT WASTE LANDFILLS
120—210
—3—
Scope and Applicability
Determination of Contaminated Leachate
Design Period
Final Cover
Final Slope and Stabilization
Leachate Sampling
Load Checking
SUBPART C:
PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
Section
811.301
811. 302
811.303
811.304
811.305
811.306
811. 307
811.308
811.309
811. 310
811.311
811.312
811.313
811.314
811. 315
811.316
811.317
811.318
811.319
811.320
811.321
811.322
811.323
Scope and Applicability
Facility Location
Design Period
Foundation and Mass Stability Analysis
Foundation Construction
Liner Systems
Leachate Drainage System
Leachate Collection System
Leachate Treatment and Disposal System
Landfill Gas Monitoring
Landfill Gas Management System
Landfill Gas Processing and Disposal System
Intermediate Cover
Final Cover System
Hydrogeologicl Site Investigations
Plugging and Sealing of Drill Holes
Groundwater Impact Assessment
Design, Construction,
and Operation of Groundwater
Monitoring Systems
Groundwater Monitoring Programs
Groundwater Quality Standards
Waste Placement
Final
Slope and Stabilization
Load Checking Program
Scope and Applicability
Notice
to Generators and Transporters
Special Waste Manifests
Identification Record
Recordkeepirig Requirements
Procedures
for Excluding Regulated Hazardous Wastes
Section
811.201
811.202
811.203
811.204
811.205
811.206
811.207
SUBPART
D:
MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Section
811.401
811.402
811.403
811.404
811.405
811.406
Section
811.501
811.502
SUBPART E:
CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Scope and Applicability
Duties and Qualifications of Key Personnel
120—2 11
—4—
SUBPART G:
FINANCIAL ASSURANCE
Section
811.700
811.701
811.702
811.703
811.704
811.705
811.706
811.707
811.708
811.709
811.710
811.711
811.712
811.713
811.714
811.715
81l.Appendix ~
Illustration A
Illustration B
Illustration C
Illustration D
Illustration E
Illustration F
Illustration G
Illustration H
Illustration
I
Scope, Applicability and Definitions
Upgrading Financial Assurance
Release of Financial Institution
Application of Proceeds and Appeals
Closure and Postclosure Care Cot Estimates
Revision of Cost Estimate
Mechanisms For Financial Assurance
Use of Multiple Financial Mechanisms
Use of a Financial Mechanism for Multiple Sites
Trust Fund for Unrelated Sites
Trust Fund
Surety Bond Guaranteeing Payment
Surety Bond Guaranteeing Performance
Letter of Credit
Closure Insurance
Self-Insurance for Non—commercial Sites
Financial Assurance Forms
Trust Agreement
Certificate of Acknowledgment
Forfeiture Bond
Performance Bond
Irrevocable Standby Letter
of Credit
Certificate
of Insurance for Closure
and/or Postclosure Care
Operator’s Bond Without Surety
Operator’s Bond With Parent Surety
Letter from Chief Financial Officer
AUTHORITY:
Implementing Sections
5,
21,
21.1,
22, 22.17 and
28.1 and authorized by Section 27 of
the Environmental Protection
Act
(Ill.
Rev.
Stat.
1989,
ch.
ill 1/2,
pars.
1005,
1021,
1021.1,
1022,
1022.17,
1028.1 and 1027.).
SOURCE:
Adopted in R88—7 at
14
Ill.
Reg.
15861, effective
September 18,
1990; amended in R90—25 at 15 Ill. Reg.
effective
NOTE:
Capitalization indicates statutory language.
811.503
811.504
811.505
811.506
811.507
811.508
811.509
Inspection Activities
Sampling Requirements
Documentation
Foundations and Subbases
Compacted Earth Liners
Geomembranes
Leachate Collection Systems
120—2 12
SUBPART A:
GENERAL STANDARDS FOR ALL LANDFILLS
Section 811.101
Scope and Applicability
a)
The standards of this Part apply to all new landfills,
except
those regulated pursuant
to 35111. Adm. Code
7(
through 749.
Subpart A contains general standards
applicable to all new landfills.
Subpart B contains
additional standards for new landfills which dispose of
only inert wastes.
Subpart C contains additional
standards for new landfills which dispose of chemical
and putrescible wastes,
except
for electric fossil fuel
combustion waste landfills, which are regulated under
3
Ill.
Adrn.
Code 816.
35
Ill. Adm. Code 816 contains
standards for new landfills which dispose of
electric
utility fossil fuel combustion wastes.
b)
This Part shall not apply until one year after the
effective date of this Part to new landfills solely
receiving the following wastes generated by the
following industries, provided that proposed regulations
of general applicability to that industry category are
filed with the Board no later than December
1,
1990:
wastes generated by foundries and primary steel
production facilities and coal combustion wastes
generated by electric utilities.
The requirements of
35
Ill. Adm. Code 807 shall apply
to such landfills during
the interim period of one year after
the effective date
of this Part.
This Part shall become effective
inimediatelyafter December
1,
1990
if no proposal has
been filed by that date.
C)
All general provisions of
35 Ill. Adm. Code 810 apply to
this Part.
(Source:
Amended at
15
Ill. Reg.
,
effective
SUBPART C:
PtJTRESCIBLE AND CHEMICAL WASTE LANDFILLS
Section 811.301
Scope and Applicability
In addition to the requirements of Subpart A,
the standards
f
this Subpart apply to all landfills
in which chemical and
putrescible wastes are to be placed, except
for electric fossil
fuel combustion waste landfills, which are regulated under
35
Ill. Adm. Code 816.
(Source:
Amended at 15
Ill.
Reg.
,
effective
120—213
—6—
SUBPART D:
MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Section 811.401
Scope and Applicability
a)
This Subpart applies to all landfills permitted by the
Agency pursuant to Section
21 of the Act, including
landfills operated onsite, with or without a permit,
that accept special wastes, except
for electric fossil
fuel combustion waste landfills, which are regulated
under
35
Ill. Adm. Code 816.
b)
The standards of this Subpart apply in addition to the
standards of
35 Iii.
Adin. Code 809.
c)
Inspection,
testing or acceptance of waste by
a solid
waste management facility shall not relieve the
generator or transporter of responsibility for
compliance with the requirements of
35
Ill. Adm. Code:
Subtitle G.
(Source:
Amended at 15
Ill. Reg.
,
effective
)
TITLE 35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
1:
SOLID WASTE AND SPECIAL WASTE HAULING
PART 814
STANDARDS FOR EXISTING LANDFILLS AND UNITS
SUBPART A:
GENERAL REQUIREMENTS
Section
814.101
Scope and Applicability
814.102
Compliance Date
814.103
Notification to Agency
814.104
Applications for Significant Modification of
Permits
814.105
Effect of Timely Filing of Notification and
Application for Significant Modification
814.106
Agency Action on Application for Significant
Modification to Existing Permits
SUBPART B:
STANDARDS FOR UNITS ACCEPTING INERT WASTE
Section
814.201
Scope and Applicability
814.202
Applicable Standards
120—2 14
—7—
SUBPART C:
STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL
AND PUTRESCIBLE WASTES THAT
MAY
REMAI~OPEN FOR MORE
THAN SEVEN YEARS
Section
814.301
Scope and Applicability
814.302
Applicable Standards
SUBPART D:
STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL
AND PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN
SEVEN YEARS
Section
814.401
Scope and Applicability
814.402
Applicable Standards
SUBPART E:
STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE
ONLY, OR ACCEPTING CHEMICAL AND PUTRESCIBLE WASTES THAT
MUST INITIATE CLOSURE WITHIN TWO
YEARS
Section
814.501
Scope and Applicability
814.502
Standards for Operation and Closure
SUBPART
I:
STANDARDS FOR EXISTING ELECTRIC UTILITY FOSSIL FUEL
COMBUSTION WASTE LANDFILLS WHICH REMAIN OPEN FOR MORE THAN SEVEN
YEARS AFTER THE EFFECTIVE DATE OF THESE REGULATIONS, AND FOR THE
CLOSURE AND POST-CLOSURE MONITORING OF EXISTING ASH POND SURFACE
IMPOUNDMENTS WHICH WERE OPERATED UNDER THE NPDES PERMIT PROGRAM
AND WHICH INITIATE CLOSURE MORE THAN SEVEN YEARS AFTER THE
EFFECTIVE DATE OF THESE REGULATIONS
Section 814.901
Scope and Applicability
Section 814.902
Applicable Standards
SUBPART
3:
STANDARDS
FOR EXISTING ELECTRIC UTILITY FOSSIL FUEL
COMBUSTION WASTE LANDFILLS WHICH INITIATE CLOSURE WITHIN SEVEN
YEARS AFTER THE EFFECTIVE DATE OF THESE REGULATIONS, AND FOR THE
CLOSURE AND POST-CLOSURE MONITORING OF EXISTING ASH POND SURFACE
IMPOUNDMENTS WHICH WERE OPERATED UNDER THE NPDES PERMIT PROGRAM
AND WHICH INITIATE CLOSURE WITHIN SEVEN YEARS AFTER THE EFFECTIVE
DATE OF THESE REGULATIONS
Section 814.920
Scope and Applicability
Section 814.921
Applicable Standards
SUBPART K:
STANDARDS FOR EXISTING ELECTRIC UTILITY FOSSIL FUEL
COMBUSTION WASTE LANDFILLS WHICH INITIATE CLOSURE WITHIN TWO
YEARS AFTER THE EFFECTIVE DATE OF THESE REGULATIONS, AND FOR THE
CLOSURE AND POST-CLOSURE MONITORING OF EXISTING ASH POND
SURFACEIMPOUNDMENTS WHICH WERE OPERATED UNDER THE NPDES PERMIT
120—215
—8—
PROGRAM AND WHICH INITIATE CLOSURE WITHIN TWO YEARS AFTER THE
EFFECTIVE DATE OF THESE REGULATIONS
Section 814.930
Scope and Applicability
Section 814.931
Applicable Standards
AUTHORITY:
Implementing Sections
5,
21,
21.1,
22,
22.17 and
28.1,
and authorized by Section 27 of the Environmental
Protection Act
(Ill.
Rev. Stat.
1989,
ch.
111 1/2, pars.
1005,
1021,
1021.1,
1022, 1022.17,
1028.1 and 1027).
SOURCE:
Adopted in R88—7 at 14 Ill. Reg.
15861, effective
September
18,
1990; amended
in R90—25 at 15
Ill. Reg.
effective
NOTE:
Capitalization indicates statutory language.
SUBPART A:
GENERAL REQUIREMENTS
Section 814.104
Applications for Significant Modification of
Permits
a)
All operators of landfills permitted pursuant
to Section
21(d)
of the Environmental Protection Act
(Act)
(Ill.
Rev. Stat.
1989,
ch.
111 1/2,
par. 1021(d))
shall file
an application for a significant modification to their
permits for existing units,
unless the units will be
closed pursuant to Subpart E or Subpart K within
2 years
of the effective date of this Part.
b)
The operator of an existing unit shall submit
information required by 35
Ill. Adm. Code 812 to
demonstrate compliance with Subpart B,
Subpart C, ~r
Subpart
D, Subpart
I,
or Subpart
3,
whichever
is
applicable.
(Source:
Amended at 15
Ill.
Reg.
,
effective
).
SUBPART
I:
STANDARDS FOR EXISTING ELECTRIC UTILITY FOSSIL FUEL
COMBUSTION WASTE LANDFILLS WHICH REMAIN OPEN FOR MORE THAN SEVEN
YEARS AFTER THE EFFECTIVE DATE OF THESE REGULATIONS, AND FOR THE
CLOSURE AND POST-CLOSURE MONITORING OF EXISTING ASH POND SURFACE
IMPOUNDMENTS WHICH WERE OPERATED UNDER THE NPDES PERMIT PROGRAM
AND WHICH INITIATE CLOSURE MORE THAN SEVEN YEARS AFTER THE
EFFECTIVE DATE OF THESE REGULATIONS
Section 814.901
Scope and Applicability
~J
The standards of this Subpart are applicable
to all
existing units of landfills,
including those exempt from
120—216
—9—
permit requirements in accordance with Section 21(d)
of
the Act,
that have accepted or accept only fossil fuel
combustion wastes from electric utility boilers.
Based
upon the information submitted pursuant to Subpart A,
and any Agency site inspection, units that meet the
requirements of this Subpart may remain open for an
indefinite period of time beyond seven years after the
effective date of this Subpart.
~j
Based upon an evaluation of
the information submitted
pursuant to Subpart A and any Agency site inspection,
units which are unable to meet the requirements of this
Subpart are subject
to the requirements of Subparts
3
or
K.
£1
The closure and post—closure monitoring of ash pond
units which are constructed, operated and regulated
under the NPDES permit program, and which subsequently
initiate closure more than seven years following the
effective date of these regulations, shall upon closure
be regulated under this Subpart.
(Source:
Added at
15
Iii. Reg.
,
effective
).
Section 814.902
Applicable Standards
~J
All of the requirements for new units described in 35
Ill.
Adm.
Code 816 shall apply to units regulated under
this Subpart except the following:
1)
The general location standards
in
35
Ill. Adm. Code
816.102
ai
The technical facility location requirements
in
35
Ill.
Adin. Code 816.110
3)
The foundation and mass stability analysis
standards in
35
Ill. Adm. Code 816.112
jj
The foundation construction standards
in
35
Ill.
Adm. Code 816.113
5)
The liner system requirements
in
35
Ill. Mm. Code
816.114
6)
The final cover requirements of 35
Iii. Adm Code
816.116 shall not apply to units or parts
of units
closed, covered and vegetated prior
to the
effective date of this Part;
and
7)
The hydrogeologic site investigation requirements
in 35
Ill. Mm. Code 816.117, except that
120—217
—10—
information shall be collected
to i~nplementa
groundwater monitoring progran~,ina~cordancewith
35
Ill. Adm. Code 816.120, 816.121 and 816.122.
~j
Units regulated under this Subpart shall be subject to
the following standards:
fl
The operator shall provide a long—term static
safety factor of at least 1.5
to protect a
completed unit against slope failure
ai
Calculation of the Design Period
For the purpose of calculating financial assurance,
the design period shall be calculated as follows:
~
The design period shall be no less than the
operating life of the unit plus
15 years of
post—closure care;
and
~
The post—closure care period shall be extended
by three years for each year the unit
is
expected to be
in operation,
up to the
applicable design period required by 35
Ill.
Adm. Code 816.
(Source:
Added at
15
Ill.
Reg.
,
effective
).
SUBPART
3:
STANDARDS FOR EXISTING ELECTRIC UTILITY FOSSIL FUEL
COMBUSTION WASTE LANDFILLS WHICH INITIATE CLOSURE WITHIN SEVEN
YEARS AFTER THE EFFECTIVE DATE OF THESE REGULATIONS, AND FOR THE
CLOSURE AND POST-CLOSURE MONITORING OF EXISTING ASH POND SURFACE
IMPOUNDMENTS WHICH WERE OPERATED UNDER THE NPDES PERMIT PROGRAM
AND
WHICH
INITIATE CLOSURE WITHIN SEVEN YEARS AFTER THE EFFECTIVE
DATE OF THESE REGULATIONS
Section 814.920
Scope and Applicability
~j
The standards of this Subpart are applicable to all
existing units of landfills,
including those exempt from
permit requirements
in accordance with Section 21(d)
of
the Act, that have accepted or accept only fossil fuel
combustion wastes from electric utility boilers,
and
which initiate closure within seven years of the
effective date of these regulations.
b)
Based upon an evaluation of the information submitted
pursuant to Subpart
A, and any Agency site inspection,
units which are unable to comply with the requirements
of this Section are subject
to the requirements of
Subpart
K.
120—218
—11—
~J
The closure and post—closure monitoring of ash pond
units which are constructed, operated and regulated
under the NPDES permit program, and which subsequently
initiate closure within seven
years following the
effective date of these regulations, shall upon closure
be regulated under
this Subpart.
(Source:
Added at
15 Ill. Reg.
,
effective
).
Section 814.921
Applicable Standards
~j
All of the requirements for new units described in
35
Ill. Mm. Code 816 shall apply to units regulated under
this Subpart except the following:
fl
The general location standards in
35
Ill. Adm. Code
816.102
jj
The technical facility location requirements
in
35
Ill. Adm. Code 816.110
~J
The foundation and mass stability analysis
standards in 35
Ill. Adm. Code 816.112
~J
The foundation construction standards
in 35
Ill.
Adm. Code 816.113
~j
The liner system requirements
in
35 Ill. Adm. Code
816.114
~j
The final cover requirements of 35
Ill. Adm Code
816.116 shall not apply to units or parts of units
closed, covered and vegetated prior to the
effective date of this Part:
fl
The hydrogeologic site investigation requirements
in
35 Ill. Adm. Code 816.117
!1
The groundwater impact assessment standards of
35
Ill. Adm. Code 816.119
!1
The groundwater monitoring requirements of
35
Ill.
Adm. Code 816.121;
and
~
The groundwater quality standards of
35
Ill.
Adm.
Code 811.122.
~j
The following standards shall apply to units regulated
under this Subpart:
1)
No new units
shall be opened and an existing unit
may not expand beyond the area included in a permit
120—2 19
—12—
issued prior
to the effective date of this Part,
or,
in the case of permit—exempt facilities,
beyond
the area needed for landfilling
to continue until
closure is initiated
2)
Groundwater Standards
A unit shall not contaminate a source of drinking
water at
the compliance boundary, defined as any
point on the edge of the unit at or below the
ground surface.
At any point on the compliance
boundary,
the concentration of constituents shall
not exceed the water quality standards specified in.
35
Ill. Adm. Code 302.301,
302.303, 302.304, and
302.305.
The Board may approve for a zone of
attenuation and adjust the compliance boundary
in
accordance with Section 28.1 of
the Act, and the
procedures of
35
Ill. Adm. Code l06.Subpart
G, upon
petition demonstration by the operator
that the
alternative compliance boundary will not result
in
contamination of groundwater which may be needed
or
used for human consumption.
In
reviewing such
petitions,
the Board shall consider
the following
factors:
~
The hydrogeologic characteristics of the unit
and surrounding
land,
including any natural
attenuation and dilution characteristics
of
the aquifer
pj
The volume and physical and chemical
characteristics of the leachate
çJ
The quantity, quality and direction of flow of
groundwater underlying the facility
~J
The proximity and withdrawal
rates of
groundwater users
~j
The availability of alternative drinking water
supplies
~j
The existing quality of
the groundwater,
including other sources of contamination and
their cumulative impacts on the groundwater
G)
Public health,
safety and welfare effects; and
~
In
no case shall the zone of compliance extend
beyond the facility property line or beyond
the annual high water mark of any navigable
surface water.
120—220
—13—
~j
Calculation of the Design Period
For the purpose of calculating financial assurance,
the design period shall be calculated as follows:
~j
The design period shall be no less than five
years; and
~j
The post—closure care period shall be extended
by three years
for each year the unit
is
expected
to be
in operation, up
to the
applicable design period required by 35 Ill.
Adin. Code 816.
(Source:
Added at 15
Ill. Reg.
,
effective
SUBPART
K:
STANDARDS FOR EXISTING ELECTRIC UTILITY FOSSIL FUEL
COMBUSTION WASTE LANDFILLS WHICH INITIATE CLOSURE WITHIN TWO
YEARS AFTER THE EFFECTIVE DATE OF THESE REGULATIONS, AND FOR THE
CLOSURE AND POST-CLOSURE MONITORING OF EXISTING ASH POND SURFACE
IMPOUNDMENTS WHICH WERE OPERATED UNDER THE NPDES PERMIT PROGRAM
AND WHICH INITIATE CLOSURE WITHIN TWO YEARS AFTER THE EFFECTIVE
DATE OF THESE REGULATIONS
Section 814.930
Scope and Applicability
a)
The standards in this Subpart are applicable to all
existing units of landfills,
including those exempt from
permit requirements in accordance with Section 21(d)
of
the Act,
that accept or have accepted only fossil fuel
combustion wastes from electric utility boilers and
which will initiate closure within two years after
the
effective date of these regulations.
b)
All units which cannot demonstrate compliance with the
requirements of Subparts
I
or
3
of this Part,
or which
are scheduled to initiate closure within two years after
the effective date of this Part must begin closure
within two years of
the effective date
of this Part.
The closure and post-closure monitoring of ash pond
units
which are constructed, operated and regulated
under
the NPDES permit program,
and which subsequently
initiate closure within two years following the
effective date of these regulations,
shall be regulated
under this Subpart.
d)
A new permit shall not be required
for any facility at
which all units will close within two years of
the
effective date of this Part.
120—221
—14—
(Source:
Added at 15 Ill.
Reg.
,
effective
).
Section 814.931
Applicable Standards
~j
All units regulated by this Subpart are subject to all
applicable requirements of
35 Ill. Adm. Code 807;
and
~j
All units regulated by this Subpart are subject to all
conditions of the existing permit.
(Source:
Added at 15
Ill. Reg.
,
effective
).
TITLE
35:
ENVIRONMENTAL PROTECTION
SUBTITLE G:
WASTE DISPOSAL
CHAPTER
I:
POLLUTION CONTROL BOARD
SUBCHAPTER
i:
SOLID WASTE AND SPECIAL WASTE HAULING
PART 816
STANDARDS FOR NEW ELECTRIC UTILITY FOSSIL FUEL
COMBUSTION WASTE LANDFILLS
Section
816.101
Scope and Applicability
816.102
Location Standards
816.103
Surface Water Drainage
816.104
Survey Controls
816.105
Operating Standards
816.106
Combustion Waste Sale or Re—Use
816.107
Boundary Control
816.108
Closure and Written Closure Plan
816.109
Post—Closure Maintenance
816.110
Facility Location——Technical Requirements
816.111
Design Period
816.112
Foundation and Mass Stability Analysis
816.113
Foundation Construction
816.114
Liner Systems
816.115
Intermediate Cover
816.116
Final Cover System
816.117
Hydrogeologic Site Investigations
816.118
Plugging and Sealing of Drill Holes
816.119
Groundwater
Impact Assessment
816.120
Design,.Construction and Operation of Groundwater
Monitoring Systems
816.121
Groundwater Monitoring Programs
816.122
Groundwater Quality Standards
816.123
Final Slope and Stabilization
816.124
Waste Checking Program
AUTHORITY:
Implementing Sections
5,
21,
21.1,
22,
22.17 and
28.1 and authorized by Section
27 of the Environmental Protection
120—222
—i
D
Act
(Ill.
Rev. Stat.
1989,
ch.
111 1/2, pars.
1005,
1021,
1021.1,
1022, 1022.17,
1028.1 and 1027.).
SOURCE:
Adopted in R90—25 at
15 Ill. Reg.
,
effective
NOTE:
Capitalization indicates statutory language.
Section 816.101
Scope and Applicability
a)
The standards of this Part apply to all new electric
utility fossil fuel combustion waste landfills.
b)
Utility NPDES—permitted surface impoundments, upon
closure,
shall comply with Sections 816.109 and 816.116
(closure), and 816.121
(groundwater monitoring).
C)
All general provisions and definitions of
35 Iii. Adm.
Code 810 apply to this Part.
d)
New waste management units, located at existing
facilities, should not be required
to comply with:
1)
The location standards
in Sections 816.102
(a),
(b),
(c),
(d), and
(g); and
2)
The foundation and mass stability analysis
standards in Section 816.112.
e)
For the purpose of this Part,
electric utility fossil
fuel combustion wastes shall
include all fly ash, bottom
ash, miscellaneous ashes, air pollution control wastes,
scrubber sludges and other combustion wastes produced by
the combustion of fossil
fuels for the production of
electricity in utility boilers.
Further,
for the
purposes of this Part, disposal shall not include the
sale or
re—use of electric utility fossil fuel
combustion wastes for beneficial purposes,
including,
but not limited
to, use as fill or for coal mine
reclamation purposes.
Section 816.102
Location Standards
a)
The facility shall not invade or diminish the scenic,
recreational and fish and wildlife values for any river
designated for protection under
the Wild and Scenic
Rivers Act
(16 U.S.C.
1271 et seq.).
b)
The facility shall not restrict the flow of a 100—year
flood,
result in washout of solid waste from the 100—
year flood,
or reduce the temporary water storage
120—223
—16—
capacity of the 100-year floodplain, unJ~ssmeasures are
undertaken to provide alternative s~toragecapacity.
c)
The facility shall not be located
in areas where
it may
pose a threat of harm or destruction to the features for
which an irreplaceable historic or archaeological site
was listed pursuant to the National Historic
Preservation Act
(16 U.S.C.
470
et seq.)
or the Illinois
Historic Preservation Act
(Ill. Rev.
Stat.
1989,
ch.
127, pars.
l33dl
et seq.) for which a Natural Landmark
was designated by the National Park Service or the
Illinois State Historic Preservation Officer,
or
for
which a natural area was designated as ~aDedicated
Illinois Nature Preserve pursuant to the Illinois
Natural Areas Preservation Act
(Ill. Rev.
Stat.
1989,
ch. 105, pars.
701
et seq.).
d)
The facility shall not be located in areas where
it may
jeopardize the continued existence of any designated
endangered species,
result
in the destruction or adverse
modification of the critical habitat listed for such
species,
or cause or contribute to the taking of any
endangered or
threatened species of plant, fish or
wildlife listed pursuant
to the Endangered Species Act
(16 U.S.C.
1531 et seq.),
or the Illinois Endangered
Species Protection Act
(Ill. Rev.
Stat.
1989,
ch.
8,
pars.
331 et seq.).
e)
The facility shall not cause a violation of Section 404
of the Clean Water Act
(33 U.S.C.
1344).
f)
The facility shall not cause a nonpoint source of
pollution that violates applicable legal requirements
implementing an area—wide or statewide water quality
management plan that has been approved under Section 208
of the Clean Water Act
(33 U.S.C.
1288).
g)
The facility shall comply with the technical location
standards in Section 816.110.
Section 816.103
Surface Water Drainage
a)
Runoff From Disturbed Areas
I)
Runoff from disturbed areas resulting from
precipitation events less than or equal
to the 25—
year,
24—hour precipitation event
that is
discharged to waters of the State shall meet the
requirements of
35 Ill Adm. Code 304.
2)
All discharges of runoff from disturbed areas
to
waters of the State shall be permitted by the
120—224
—17—
2)
All discharges of runoff from disturbed areas
to
waters of the State shall be permitted by the
Agency
in accordance with 35
Ill. Adm. Code 309.
3)
All treatment facilities shall be equipped with
bypass outlets designed to pass the peak flow of
runoff from the 100—year,
24—hour precipitation
event without damage to the treatment facilities or
surrounding structures.
4)
All surface water control structures shall be
operated until the final cover is placed and
erosional stability is provided by the vegetative
or other cover meeting the requirements of Section
816.116.
5)
All discharge structures
shall be designed to
prevent erosion and scouring of
the receiving
stream channel.
b)
Diversion of Runoff From Undisturbed Areas
1)
Runoff from undisturbed areas shall be diverted
around disturbed areas to the maximum practical
extent.
2)
Diversion facilities shall
be designed to prevent
runoff from the 25—year, 24—hour precipitation
event from entering disturbed areas.
3)
Runoff from undisturbed areas which becomes
commingled with
runoff from disturbed areas shall
be handled as runoff from disturbed areas and
treated
in accordance with subsection
(a).
4)
All diversion structures shall be designed to
prevent erosion and scouring
in the diversion
channel and downstream channels.
5)
All diversion structures shall
be operated until
the final cover
is placed and erosional stability
is provided by the vegetative or other cover
meeting the requirements of Section 816.116.
Section 816.104
Survey Controls
a)
The boundaries of all waste disposal units, property
boundaries,
disturbed areas,
and the permit area for
facilities subject
to the requirements of Section
21 of
the Environmental Protection Act
(Act)
(Ill. Rev.
Stat.
1989,
ch.
111 1/2,
par.
1021) shall be surveyed and
marked.
120—225
—18—
b)
All stakes and monuments shall be clearly marked for
identification.
c)
All stakes and monuments shall be inspected annually and
surveyed no less frequently than once in five years.
Any missing or damaged stakes and monuments discovered
during an inspection shall
be replaced
in a timely
manner.
d)
Control monuments shall be established to check vertical
elevations.
The control monuments shall be established
and maintained.
Section 816.105
Operating Standards
a)
Phasing of Operations
1)
Waste shall be placed
in a manner and at such a
rate that mass stability is provided during all
phases of operation.
2)
The phasing of operations at the facility shall be
designed in such a way as to allow the sequential
construction,
filling, and closure of discrete
units or parts of units.
3)
The operator shall dispose of wastes
in a manner
which will facilitate the filling
to final grade
4
and minimize the operational phase of each discrete
unit or parts
of units.
b)
Size and Slope of Working Face
1)
The working face of the unit shall
be no larger
than
is necessary to conduct operations
in a safe
and efficient manner.
2)
The slopes of the working face area shall
be no
steeper
than two—to-one
(horizontal—to—vertical)
unless the waste
is stable at steeper slopes.
c)
Equipment
Equipment shall be maintained and available
for use at
the facility during all hours of operations,
so as to
achieve and maintain eompliance with the requirements of
this Part.
d)
Utilities
All utilities,
including but not limited to heat,
lights,
power and communications equipment,
necessary
120—226
—19—
for safe operation in compliance with the requirements
of this Part shall
be available
at’~
the facility at all
times.
e)
Maintenance
The operator shall maintain and operate all systems and
related appurtenances and structures in
a manner that
facilitates proper operations
in compliance with this
Part.
f)
Open Burning
Open burning
is prohibited except
in accordance with 35
Ill. Adm. Code 200 through 245.
g)
Dust Control
The operator shall implement methods for controlling
dust
to meet the fugitive dust control regulations at
35
Ill. Adm. Code 212.
h)
Noise Control
The facility shall be designed, constructed and
maintained to minimize the level of equipment noise
audible outside the facility.
The facility shall not
cause or contribute
to a violation of
35
Ill. Adm. Code
900 through 905 or
of Section
24 of the Act.
i)
Mud Tracking
The facility shall implement methods, such as use of
wheel washing units,
to prevent tracking of mud by
hauling vehicles onto public
roadways.
Section 816.106
Combustion Waste Sale or Re—Use
Although these regulations deal with the effective disposal
management of coal combustion wastes,
nothing
in this Part
is
in
any way meant to discourage or impede the productive sale or re-
use of electric utility fossil fuel combustion byproducts
in
commerce,
including,
but not limited to,
use as fill materials or
as part of coal mine reclamation projects.
Section 816.107
Boundary Control
a)
Access to the open face area of the unit and all ot~r
areas within the boundaries of the facility shall be
restricted
to prevent unauthorized entry at all times.
120—227
—20—
b)
A permanent sign shall be posted at the entrance to the
facility stating that disposal of chemical and domestic
waste is prohibited,
and an identification record along
with the following information:
1)
Permit number,
if the facility is subject
to the
permit requirements of Section 21 of the Act;
2)
Hours of operation;
3)
The penalty for unauthorized trespassing and
dumping;
4)
The name and telephone number of the appropriate
emergency response agencies who shall be available
to deal with emergencies and other problems,
if
different than the operator; and
5)
The name, address and telephone number of the
company operating the facility.
Section 816.108
Closure and Written Closure Plan
a)
The final slopes and contours shall
be designed to
complement and blend with the surrounding topography of
the proposed final land use of the area.
b)
All drainage ways and swales shall be designed to safely
pass the runoff from the 100—year, 24—hour precipitation
event without scouring or erosion.
c)
The final configuration of the facility shall
be
designed
in a manner that minimizes the need for further
maintenance.
d)
Written closure plan
1)
The operator shall maintain a written plan
describing all actions that the operator will
undertake to close the unit or facility in a manner
that fulfills the provisions of the Act,
of this
Part and of other applicable Parts of
35
Ill. Adm.
Code:
Chapter
I.
The written closure plan shall
fulfill the minimum information requirements of
35
Ill.
Adm. Code 812.114.
2)
A modification of the written closure plan shall
constitute a significant modification of the permit
for the purposes of
35
Ill..
Adm. Code 8l3.Subpart
B.
Section 816.109
Post—Closure Maintenance
120—228
—21—
a)
The operator shall treat,
remove from the site, or
dispose of all ancillary wastes and waste residues from
site operations, excluding the fossil fuel combustion
wastes themselves, within
30 days after
receipt of the
final volume of fossil fuel combustion wastes.
b)
The operator shall remove all equipment or structures
not necessary for the post—closure land use, unless
otherwise authorized by permit.
c)
Maintenance and Inspection of the Final Cover and
Vegetation
1)
Frequency of Inspections
A)
The operator shall conduct a quarterly
inspection of all vegetated surfaces for a
minimum of five years after closure, and after
five years,
the operator may reduce the
frequency of annual inspections until settling
has stopped and there are no eroded or scoured
areas.
B)
For
landfills,
other than those used
exclusively for disposing waste generated at
the site,
inspections shall be continued for a
minimum period of
15 years after closure.
2)
All
rills, gullies and crevices six inches or
deeper identified
in the annual
inspection shall be
filled.
Areas identified by the operator or
the
Agency as particularly susceptible to erosion shall
be re—contoured.
3)
All eroded and scoured drainage channels shall
be
repaired and lining material shall be replaced if
necessary.
4)
All holes and depressions created by settling shall
be filled and re—contoured so as
to prevent
standing water.
5)
All reworked surfaces, and areas with failed or
eroded vegetation in excess of 100 square feet
cumulatively,
shall be re—vegetated in accordance
with the approved closure plan for the facility.
Section 816.110
Facility Location——Technical Requirements
a)
No part of a unit shall be located within a setback zone
established pursuant to Section 14.2 or 14.3 of the Act.
120—229
—22—
b)
No part of a unit shall be located within the recharge
zone or within 366 meters
(1200
feet), vertically or
horizontally, of
a sole-source aquifer designated by the
United States Environmental Protection Aqency pursuant
to Section 1424(e) of the Safe Drinking Water Act
(42
U.S.C.
300h—3(e))
unless there is a stratum between the
bottom of the waste disposal unit and the top of the
aquifer that meets the following minimum requirements:
1)
The stratum has a minimum thickness of 15.2 meters
(50 feet);
2)
The maximum hydraulic conductivity
in both the
horizontal and vertical directions is no greater
than lx107 centimeters per second, as determined
by in situ borehole or equivalent tests; and
3)
There
is no indication of continuous sand or silt
seams,
faults,
fractures or cracks within the
stratum that may provide paths for.migration.
c)
A facility located within 152 meters
(500 feet) of the
right-of—way of
a township or county road or state or
interstate highway shall have
its area of active
operations screened from view as much as
is practical by
a barrier of
natural objects,
fences, barricades,
or
plants no less than 2.44 meters
(8 feet)
in height.
d)
No part of a unit shall be located closer than 152
meters
(500
feet)
from an occupied dwelling, school,
or
hospital that was occupied on the date when the operator
first applied for a permit
to develop the unit
or the
facility containing
the unit,
unless the owner of such
dwelling, school,
or hospital provides permission to the
operator,
in writing,
for a lesser distance.
e)
The facility shall not be located closer than 1525
meters
(5000 feet)
of any runway used by piston—type
aircraft,
or within 3050 meters (10,000 feet) of any
runway used by turbojet aircraft, unless the Federal
Aviation Administration provides the operator with
written permission,
including technical justification,
for a lesser distance.
Section 816.111
Design Period
The design period for electric utility fossil fuel combustion
waste disposal units
shall be the estimated operating life plus
15 years.
For the purpose of
this Part,
electric utility fossil
fuel combustion wastes shall include all fly ash, bottom ash,
miscellaneous ashes, air pollution control wastes,
scrubber
sludges and other combustion wastes produced by the combustion of
120—230
—23—
fossil fuels
for the production of electricity in utility
boilers.
Further, for the purposes of this Part, disposal shall
not include the sale or re—use of electric utility fossil fuel
combustion wastes
for beneficial purposes, including,
but not
limited to, use as fill materials or for use in coal mine
reclamation projects.
Section 816.112
Foundation and Mass Stability Analysis
a)
The material beneath the unit shall have sufficient
strength to support the weight of the unit during all
phases of construction and operation.
b)
The solid waste disposal unit shall achieve a safety
factor against bearing capacity failure of 1.5 under
static conditions and 1.3 under seismic loadings.
c)
The waste disposal unit shall comply with all applicable
Department of Transportation regulations governing dikes
and berms.
d)
In calculating factors of safety, both long—term and
short—term conditions shall be considered.
e)
The potential for earthquake or blast induced
liquefaction, and its effect on the stability and
integrity of the unit shall be considered and taken into
account
in the design.
The potential for landslides
or
earthquake induced liquefaction outside the unit shall
be considered if such events could affect the unit.
Section 816.113
Foundation Construction
a)
If the in situ material provides insufficient strength
to meet the requirements of Section 816.112,
the
insufficient material shall be removed and replaced with
clean materials sufficient to meet the requirements of
Section 816.112.
b)
All trees, stumps,
roots,
boulders and debris shall be
removed.
c)
All material shall be compacted to achieve the strength
and density properties necessary to demonstrate
compliance with this Part
in conformance with a
construction quality assurance plan pursuant to 35 Ill.
Adm. Code Bll.Supbart
E.
d)
Placement
of frozen soil or soil onto frozen ground
is
prohibited.
120—23 1
e)
The foundation shall be constructed and graded to
provide
a smooth, workable surface on which to cons
the liner.
Section 816.114
Liner Systems
a)
All units shall be equipped with a liner designed as an
integrated system in compliance with the requirements
01
this Section.
b)
The liner shall be stable during all phases of
construction and operation.
The side slopes shall
achieve a minimum static safety factor
1.5 and a minimum
seismic safety factor of 1.3 at all times.
c)
The liner shall be designed
to function for the entire
design period, which
for the purposes of
this regulation
shall be the estimated operating life of the facility
plus
15 years.
d)
Liner System Standards
1)
The minimum allowable thickness shall be 0.91
meters
(3 feet).
2)
The liners shall
be compacted t~achieve a maximum
hydraulic conductivity of lxl0’
centimeters per
second.
3)
The liner
shall be compacted to minimize void
spaces and support the loadings imposed by the
waste disposal operation.
4)
The liner
shall be constructed from materials
compatible with the constituents of the leachate
expected
to be produced.
5)
Modified liners,
using standard construction
techniques,
for hydraulic conductivity and liner
thickness may be utilized if equivalent groundwater
protection is provided.
6)
The modified liner
shall operate to achieve
equivalent or superior performance to the
requirements of this subsection.
Equivalent
performance shall be evaluated at maximum annual
leachate flow conditions.
e)
Geomembrane Liners
1)
Geomembranes may be used to achieve the performance
standards
equivalent to the performance
120—232
—25—
requirements of subsection
(d).
In general, those
performance requirements may ‘be summarized as
achieving a maximum hydraulic conductivity of l0~
centimeters per second.
2)
The geomembrane shall be supported by a compacted
base free from sharp objects.
The geomembrane
shall be chemically compatible with the supporting
soil materials.
3)
The geomembrane material shall
be compatible with
the leachate expected to be generated.
4)
Geomenibrane shall have sufficient strength and
durability to function at the site for the design
period under
the maximum expected loadings imposed
by the waste and equipment and stresses imposed by
settlement,
temperature, construction and
operation.
5)
Seams shall be made in the field according to the
liner manufacturer’s specifications.
All sections
shall be arranged so that the use of field seams
is
minimized and seams are oriented
in the direction
subject
to the least amount
of stress.
f)
Slurry Trenches and Cutoff Walls Used to Prevent
Migration of Leachate
1)
Slurry trenches may be required for some sites to
meet these design requirements.
If required,
slurry trenches and cutoff walls built
to contain
leachate migration shall be used with
a compacted
earth
liner or geological units with sufficient
vertical and horizontal uniformity and low
permeability to protect groundwater.
2)
Slurry trenches and cutoff walls shall extend into
the bottom confining layers or unit to a depth that
will establish and maintain a continuous hydraulic
connection and prevent seepage.
3)
Exploration borings shall
be drilled along the
route of the slurry trench or cutoff wall to
confirm the depth to the confining layer.
In situ
tests shall be conducted to determine the hydraulic
conductivity of the confining layer.
4)
Slurry trenches and cutoff walls shall be stable
under all conditions during
the design period of
the facility.
They shall not be susceptible
to
displacement or erosion under
stress or hydraulic
120—233
—26—
gradient.
5)
Slurry trenches and cutoff walls
shall be
constructed in conformance to a construction
quality assurance plan, pursuant to 35
Ill. Adm.
Code 8ll.Subpart E,
that ensures that all material
and construction methods meet design specification.
g)
Liner configurations other
than those specified in this
Section, special construction techniques,
and admixtures
may be utilized, provided that:
1)
The alternative technology or material(s)
provide(s) equivalent,
or superior, performance to
the requirements of this Section;
2)
Methods for manufacturing quality control and
construction quality assurance can be implemented;
and
3)
Liner configurations will be site—specific, and may
include no liner, liners made of only natural
materials,
geomembrane liners, or some combination
thereof.
Section 816.115
Intermediate Cover
Daily cover for electric utility fossil fuel combustion wastes
will generally not be required unless fugitive dust emissions
criteria are exceeded.
If those emissions criteria are exceeded,
then operating adjustments and/or
intermediate cover equivalent
to that provided by 0.30 meter
(1 foot) of compacted clean soil
material must be used.
Section 816.116
Final Cover System
a)
The unit shall be covered by a final cover consisting of
a low—permeability layer overlain by
a final protective
layer constructed in accordance with the requirements of
this Section.
b)
Standards for the Low—Permeability Layer
I)
Not later
than 180 days after placement of
the
final
lift of solid waste,
a low—permeability layer
shall be constructed.
2)
The low—permeability layer
shall cover the entire
unit and connect with any liner or slurry wall
system,
as applicable and appropriate.
3)
The low—permeability
layer shall consist of any one
of the following:
120—234
—27—
A)
A compacted earth layer constructed
in
accordance with the following standards:
i)
The minimum allowable thickness shall be
0.3 meter
(1 foot); and
ii)
The layer shall be compacted to achj,eve a
permeability of not more than lxl0~
centimeters per second, and to minimize
void spaces; or
iii) Alternative specification may be utilized
provided that the performance of the low-
permeability layer
is equal to,
or
superior
to,
the performance of a layer
meeting the requirements of subsections
(b)(3)(A)(i) and
(b)(3)(A)(ii).
B)
A geomembrane constructed
in accordance with
the following standards:
i)
The geomembrane shall provide performance
equal
to, or superior
to,
the compacted
earth layer described in subsection
(b)
(3) (A);
ii)
The geomembrane shall have strength to
withstand the normal stresses imposed by
the waste stabilization process; and
iii) The geomembrane shall be placed over
a
prepared base free from sharp objects and
other materials which may cause damage.
C)
Any other low—permeability layer construction
techniques or materials,
provided that they
provide equivalent or
superior performance to
the requirements of this subsection.
c)
Standards for the Final Protective Layer
1)
The final protective layer
shall cover the entire
low—permeability layer.
2)
The thickness of the final protective layer
shall
be sufficient to protect the low—permeability layer
from freezing,
and minimize root penetration of the
low—permeability layer,
but shall not be less than
0.91 meter
(3 feet).
120—235
—28—
3)
The final protective layer shall b~placed as soon
as possible after placement o~the ~1ow—permeability
layer
to prevent desiccation, cracking, freezing or
other damage to the low—permeability layer.
4)
Any other
final protective layer construction
design may be used as long as that design provides
equivalent or superior performance to the
requirements of this subsection.
Section 816.117
Hydrogeologic Site Investigations
a)
Purpose
The operator shall conduct a hydrogeologic investigation
to develop hydrogeologic information for the following
uses:
1)
Provide information to perform a groundwater impact
assessment;
and
2)
Provide information to establish a groundwater
monitoring system.
b)
General Requirements
I)
The investigation shall be conducted in a minimum
of three phases prior to submission of any
application to the Agency for a permit to develop
and operate a utility fossil
fuel combustion waste
landfill facility.
2)
The study area shall consist of the entire area
occupied by the facility and any adjacent related
areas,
to the extent necessary to characterize the
site hydrogeology.
3)
All borings shall
be sampled continuously at all
recognizable points of geologic variation,
except
that where continuous sampling
is impossible or
where non—continuous sampling can provide
equivalent information, samples shall
be obtained
at
intervals no greater than 1.52 meters
(5 feet)
in homogeneous strata.
c)
Minimum Requirements for a Phase
I Investigation
1)
The operator shall conduct
a Phase
I Investigation
to develop the following information:
A)
Climatic aspects of the study area;
120—236
—29—
B)
The regional and study area geologic setting,
including
a description of the geomorphology
and stratigraphy of the area;
C)
The regional groundwater
regime including
water
table depths and aquifer
characteristics; and
D)
Information for the purpose of designing a
Phase
II Hydrogeologic Investigation.
2)
Specific Requirements
The regional hydrogeologic setting of the unit
shall be established by using material from
reasonably available and known sources,
including,
but not limited to,
the Illinois Scientific
Surveys,
the Agency, other State and Federal
organizations, water well drilling logs, and
previous investigations.
d)
Minimum Requirements for a Phase
II Investigation
1)
Information to be developed
Using the information developed in the Phase
I
survey,
a Phase
II
study shall be conducted to
collect the site—specific information listed below
as needed
to augment data collected during the
Phase
I Investigation and to prepare for the Phase
III Investigation:
A)
Structural characteristics and distribution of
underlying strata including bedrock;
B)
Chemical and physical properties including,
but not limited
to, lithology, mineralogy, and
hydraulic characteristics
of underlying strata
including those below the uppermost aquifer;
C)
Soil characteristics,
including soil types,
distribution, geochemical and geophysical
characteristics;
D)
The hydraulic conductivity of the uppermost
aquifer and all strata above
it;
E)
The vertical extent of the uppermost aquifer;
F)
The direction and rate of groundwater flow.
2)
Specific Requirements
120—237
—30—
A)
One boring shall be located as close as
feasible to the topographical high point, and
another shall be located as close as feasible
to the topographical low point of the study
area.
B)
Additional borings may be located at
intermediate points at locations and spacings
necessary to establish the continuity of the
stratigraphic units.
C)
Piezometers and groundwater monitoring wells
shall be established to determine the
direction and flow characteristics of the
groundwater
in all strata including the
uppermost aquifer.
Groundwater samples taken
from such monitoring wells shall
be used to
develop preliminary information needed for
establishing background concentrations in
accordance with subsection (e)(l)(G).
D)
Other methods may be utilized to confirm or
accumulate additional information.
Such
methods may be used only as
a supplement to,
not in lieu of, site—specific boring
information.
Other methods may include, but
are not limited to, geophysical well logs,
geophysical surveys, aerial photography, age
dating, and test pits.
e)
Minimum Standards for a Phase
III Investigation
1)
Using the information developed during the Phase
I
and Phase II Investigations,
the operator shall
conduct
a Phase
III Investigation.
This
investigation shall
be conducted to collect or
augment the site—specific information needed to
carry out the following:
A)
Verification and reconciliation of the
information collected in the Phase
I and
II
investigations;
B)
Characterization of potential pathways for
contaminant migration;
C)
Correlation of stratigraphic units between
borings;
D)
Continuity of petrographic features including,
but not limited to, sorting,
grain size
120—238
—31—
distribution, cementation and hydraulic
conductivity;
E)
Identification of zones of potentially high
hydraulic conductivity;
F)
Identification of the confining layer,
if
present;
G)
Concentrations of the following physical and
chemical constituents present
in the
groundwater
in each permeable geological
unit(s) below the unit,
including the
uppermost aquifer (Concentrations,
except for
temperature, pH, and conductance, determined
on
a dissolved basis):
arsenic
boron
calcium
chemical
chloride
chronium
conductance
dissolved oxygen
magnesium
manganese
pH
selenium
temperature
total dissolved solids
H)
Prediction of the seasonal and temporal,
naturally or artificially induced, variations
in groundwater quality and groundwater flow;
and
I)
Identification of unusual or unpredicted
geologic features, including:
fault
zones,
fracture traces,
facies changes,
solution
channels, buried stream deposits, cross
cutting structures and other geologic features
that may affect the ability of the operator
to
monitor the groundwater or predict the impact
of the disposal facility on groundwater.
2)
In addition to the specific requirements applicable
to Phase
I and II Investigations, the operator
shall collect information needed to meet the
minimum standards of a Phase III Investigation by
using methods they may include, but not be limited
to, excavation of
test pits, additional borings
120—239
—32—
located at intermediate points between borehokes
placed during the Phase II Investigation, pl~
in
of piezometers and monitoring wells, and
institution of procedures for sampling and
analysis.
f)
The operator may conduct the hydrogeologic investigati
in any number of alternative ways provided that the
necessary information is collected in a systematic
sequence consisting of at least
three phases that is
equal to or superior
to the investigation procedures o
this Section.
Section 816.118
Plugging and Sealing of Drill Holes
All bore holes,
including exploration borings that are not
converted into monitoring wells, monitoring wells that are no
longer necessary to the operation of the site,
and other holes
that may cause or facilitate contamination of groundwater, shah
be sealed in accordance with the following standards:
a)
If not sealed or plugged immediately,
the hole shall be
covered to prevent injury to people or animals.
b)
All holes no longer intended for use shall be backfille
with materials that are compatible with the geocheznistr’
of the site and with
the leachate
in sufficient
quantities and
in such a way as
to prevent the creat
of a pathway for contaminants to migrate.
c)
For holes
in gravels and other permeable strata,
where a
watertight seal
is not necessary to prevent the creation
of a pathway, drill cuttings and other earthen materials
may be utilized as backfill.
d)
All excess drilling mud, oil, drill cuttings,
and any
other contaminated materials uncovered during or created
by drilling shall be disposed of
in accordance with the
requirements of 35
Ill. Adm. Code 700 through
759,
807,
and 809 through 815.
Non—contaminated materials may be
re—used without disposal.
e)
If applicable and appropriate,
the operator shall
restore the area around the drill hole to its original
condition.•
Section 816.119
Groundwater Impact Assessment
The impacts of the seepage of leachate from the unit shall be
assessed
in a systematic fashion using the techniques described
in this Section.
120—240
—33—
a)
Procedures for Performing
the Groundwater Impact
Assessment
1)
The operator shall estimate the amount of seepage
from the unit during operations.
That estimate
shall assume:
A)
That the minimum design standards for slope
configuration,
cover, and liner apply; and
B)
That the actual design standards planned for
the unit apply.
Other designs for the unit
may be used if determined by the operator to
be appropriate to demonstrate the impacts to
groundwater, pursuant
to subsection
(b).
2)
The concentration of constituents in the leachate
shall be determined from actual leachate samples
from the waste or similar waste, laboratory—derived
extracts, other available data,
or equivalent
sources.
3)
A contaminant transport model meeting the standards
of subsection
(c)
shall be utilized to estimate the
concentrations of the leachate constituents over
time and space.
The Agency must review a
groundwater contaminant transport model
for
acceptance in accordance with 35
Ill. Adm. Code
813.111.
b)
Acceptable Groundwater
Impact Assessment
The groundwater contaminant transport
(GCT)
model
results shall
be used in the assessment of the
groundwater impact.
The groundwater impact shall be
considered acceptable if the GCT model predicts that the
concentrations of all the constituents of the leachate
outside the zone of attenuation are less than the
applicable groundwater quality standards of Section
816.122, within 100 years of closure of the unit.
C)
Standards for the Contaminant Transport Model
1)
The model shall have supporting documentation that
establishes its ability to represent groundwater
flow and contaminant transport and any history of
its previous applications.
2)
The set of equations representing groundwater
movement and contaminant transport must be
theoretically sound and well-documented.
120—24 1
3)
The numerical solutibn methods must be based upon
sound mathematical pr~.incip1esand be supported
verification and checking ~echniques.
4)
The model must be calibrated against site—specific
field data developed pursuant to this Part.
5)
A sensitivity analysis shall be conducted to
measure the model’s response to changes
in the
values assigned
to major parameters, specified
error tolerances, and numerically assigned space
and time segments.
6)
Mass balance calculations on selected elements in
the model shall be performed
to verify physical
validity.
Where the model does not prescribe the
amount of mass entering the system as a boundary
condition,
this step may be ignored.
7)
The values of the model~sparameters requiring site
specific data shall be based upon actual field or
laboratory measurements.
8)
The values of the model’s parameters which do not
require site specific data shall be supported by
laboratory test results or equivalent methods
documenting the validity of the chosen parametric’
values.
Section 816.120
Design, Construction and Operation of
Groundwater Monitoring Systems
a)
All
potential sources of discharges
to groundwater
wi.thin the facility, including,
but not limited to,
all
waste disposal units shall be identified and studied
through a network of monitoring wells operated during
the active life of the facility and for the time after
closure specified in accordance with Section 816.108.
Monitoring wells designed and constructed as part of the
monitoring network shall be maintained along with
records that include, but are not limited
to, exact well
location,
well size, type of well,
the design and
construction practice used in its installation and well
and screen depths.
b)
Standards for the Location of Monitoring Points
1)
A network
of monitoring points shall be established
at sufficient locations down—gradient with respect
to groundwater flow and not excluding the downward
direction,
to detect any discharge of contaminants
from any part of a potential source of discharge.
120—242
—35--
2)
Monitoring wells shall be located
in stratigraphic
horizons that could serve as contaminant migration
pathways.
3)
Monitoring wells shall be established within half
the distance from the edge of the potential source
of discharge to the edge of the zone of attenuation
down—gradient, with respect to groundwater
flow,
from the source.
4)
At least one monitoring well shall be located up—
gradient of the potential source of discharge in
each geologic unit which may serve as a conduit for
leachate migration.
5)
The network of monitoring points of several
potential sources of discharge within a single
facility may be combined into a single monitoring
network, provided that discharges from any part of
all potential sources can be detected.
6)
A minimum of one monitoring well shall be
established at the edge of the zone of attenuation
and shall be located down—gradient with respect to
groundwater flow and not excluding the downward
direction,
from the unit.
Such well or wells shall
be used to monitor any statistically significant
increase in the concentration of any constituent,
in accordance with Section 816.122(e) and shall
be
used for determining compliance with an applicable
groundwater quality standard of Section 816.122.
An observed statistically significant increase
above the applicable groundwater quality standards
of Section 816.122
in a well located at or beyond
the compliance boundary shall constitute a
violation.
c)
Maximum Allowable Predicted Concentrations
The operator shall use the same calculation methods,
data, and assumptions as used
in the groundwater
impact
assessment to predict the concentration over time and
space of all constituents chosen to be monitored in
accordance with Section 816.121 at all monitoring
points.
The predicted values shall be used
to establish
the maximum allowable predicted concentrations
(MAPC5)
at each monitoring point.
MAPC shall not exceed the
standards contained
in Section 816.122 unless an
adjusted standard is approved by the Board.
The MAPCs
calculated in this subsection shall be applicable within
the zone of attenuation.
120—243
—36—
d)
Standards for Monitoring Well Design and Construction
1)
All monitoring wells shall
be cased
in a manner
that maintains the integrity of the bore hole.
The
casing material shall be inert
so as not to affect
the collection or
integrity of water samples.
2)
Wells shall be screened
to allow sampling only at
the desired interval.
Annular space between the
borehole wall and well screen section shall be
packed with gravel appropriately sized, or utilize
compressed,
native borehole material where
appropriate, to avoid clogging by the material
in
the zone being monitored.
The filter pack shall
extend at least
1 foot above the screen.
The slot
size of the screen shall be designed to minimize
clogging.
Screens shall be fabricated from
material expected to be inert with respect to the
constituents of the groundwater
to be sampled.
3)
Annular
space above the well screen section shall
be sealed with a relatively impermeable, expandable
material such as a cement/bentonite grout, which
does not react with or in any way affect the
sample,
in order
to prevent contamination of
samples and groundwater and avoid
interconnections.
The lower seal shall extend
to
at least
2 feet above the filter pack.
4)
The annular space shall be back—filled with
expanding cement grout
from an elevation below the
frost line and mounded above the surface and sloped
away from the casing so as
to divert surface water
away (upper seal).
5)
The annular space between the upper and lower
seals
and
in the unsaturated zone may be back—filled with
uncontaminated cuttings.
6)
All wells shall
be covered with vented caps and
equipped with devices
to protect against tampering
and damage.
7)
All wells shall
be developed to allow free entry of
water, minimize turbidity of the sample, and
minimize clogging.
8)
The transmissivity of the zone surrounding all well
screens shall
be established by field testing
techniques.
120—244
—37—
9)
Other sampling methods and well construction
techniques may be uti1ized~~ifthey provide equal or
superior performance to the requirements of this
subsection.
e)
Standards for Sample Collection and Analysis
1)
The groundwater monitoring program shall include
consistent sampling and analysis procedures to
assure that monitoring results will provide a
reliable indication of groundwater quality
in the
zone being monitored.
2)
The operator shall utilize procedures and
techniques to insure that collected samples are
representative of the zone being monitored and that
prevent cross contamination of samples from other
monitoring wells or from other
samples.
At least
95 percent of a collected sample shall consist of
groundwater from the zone being monitored.
3)
The operator shall establish a quality assurance
program that provides quantitative detection limits
and the degree of error
for analysis of each
chemical constituent.
4)
The operator shall establish a sample preservation
and shipment procedure that maintains the
reliability of the sample Oollected for analysis.
5)
The operator shall institute a chain of custody
procedure to prevent
tampering and contamination of
the collected samples prior to completion of
analysis.
6)
At
a minimum,
the operator shall sample the
following parameters
at all wells at the time of
sample collection and immediately before filtering
and preserving samples for shipment:
A)
The elevation of the water
table;
B)
The depth of the well below ground;
C)
pH;
D)
The temperature of the sample; and
E)
Specific Conductance.
Section 816.121
Groundwater Monitoring Programs
120—245
—38—
a)
Detection Monitoring Program
The operator shall implement a detection monitori’TT~
program in accordance with the following requirement
1)
Monitoring Schedule and Frequency
A)
The monitoring period shall begin as soon
waste is placed into any unit of a new
electric utility fossil fuel combustion wa$
landfill.
Monitoring shall continue for a
minimum period of five years after closure.
The operator shall sample monitoring wells
quarterly,
or may institute more frequent
sampling throughout the time the source
constitutes a potential threat to
groundwater.
For the purposes of this
Section,
the source shall be considered a
threat
to groundwater,
if the results of th~
monitoring indicate that the concentrations
any of the constituents monitored within th~
zone of attenuation are above the maximum
allowable predicted concentration for
that
constituent.
Sample frequency and protocolE
shall
be contained
in the Sampling and
Analysis Plan (SAP) proposed by the Agency a
part of the facility permit.
B)
Beginning two years after closure,
the
monitoring frequency may change to an annual
schedule if the following conditions exist.
However, monitoring shall return to the
original schedule at any well where
a
statistically significant change is determinE
to have occurred
in accordance with Section
816.122(e),
in the concentration or
value of
any constituent with respect to the previous
sample.
i)
All constituents monitored within the
zone of attenuation have returned to a
concentration where a statistical
increase above
the maximum predicted
concentration is not occurring;
and
ii)
All constituents monitored within the
zone of attenuation are statistically
less than or equal to their maximum
allowable predicted concentrations for
four consecutive quarters.
120—246
C)
Monitoring beyond the minimum period may be
continued if a statistically significant
increase is detected in the concentration of
any constituent above that measured and
recorded during the immediately preceding
scheduled sampling.
2)
Criteria for choosing constituents to be monitorec
shall be listed in the Agency—approved SAP, within
the following guidelines:
A)
The operator shall monitor each well for
constituents that will provide a means for
detecting groundwater contamination, such
that:
i)
The constituent appears
in, or is
expected to be in,
the leachate; and
ii)
The Board has established for the
constituents
a groundwater quality
standard under the Illinois Groundwater
Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111 1/2, pars.
7451 et seq.).
B)
Indicator constituents
(such as total
dissolved solids or some other appropriate
parameter),
representative of the transport
processes of constituents
in the leachate, may
be chosen for monitoring
in place of the
constituents the indicator represents.
The
use of such indicator constituents must be
included in an Agency-approved permit SAP.
3)
Confirmation of Monitored Increase
A)
The confirmation procedures of this subsection
shall be used only if the concentrations of
the constituents monitored can be measured at
or above the practical quantitation limit
(PQL).
The PQL is defined as the lowest
concentration that can be reliably measured
within specified limits of precision and
accuracy, under routine laboratory operating
conditions.
The operator
shall initiate
confirmation procedures of subsection
(a)(4)(B) after notifying the Agency,
in
writing, within 10 days of the following
observed increases:
i)
The concentration of any constituent
exceeds statistically the maximum
120—247
—40—
allowable predicted concentration at an
establishe&~monitoringpoint within
zone of att~nuat1on;and/or
ii)
The concentration of any constituent
monitored at or beyond the zone of
attenuation exceeds the applicable
groundwater quality standards of Section
816.122.
B)
The confirmation procedures shall include the
following:
i)
The operator shall verify any observed
increase by taking additional samples
within
45 days of becoming aware of the
initial observation, and shall ensure
that the samples and sampling protocol
used will detect any statistically
significant increase
in the concentration
of the suspect constituent
in accordance
with subsection 816.122(e),
so as
to
confirm the observed increase.
The
operator shall notify the Agency of any
confirmed increase before the end of the
next business day after becoming aware of
the confirmation.
ii)
The operator shall,
if possible,
determine the source of any confirmed
increase, which may include,
but shall
not be limited to, natural phenomena,
sampling or analysis errors, .or an off-
site source.
iii) The operator shall notify the Agency in
writing of any confirmed increase and
state the source of the confirmed
increase,
if known, and provide the
rationale used in such a determination
within ten days of the determination.
b)
Assessment Monitoring
The operator shall begin an assessment monitoring
program in order to confirm that the solid waste
disposal facility
is the source of the contamination and
to provide information needed to carry out
a groundwater
impact assessment
in accordance with subsection
(c).
The assessment monitoring program shall be conducted in
accordance with the following requirements:
120—248
—41--
1)
The assessment monitoring shall be conducted to
collect information to assess the nature and extent
of groundwater contamination, which may consist of,
but not be limited to,
the following steps:
A)
More frequent sampling of the wells
in which
the observation occurred;
B)
More frequent sampling of any surrounding
wells;
C)
The placement of additional monitoring wells
to determine the source and extent of the
contamination;
D)
Monitoring of additional constituents
that
might indicate the source and extent of
contamination; and
E)
Any other investigative techniques that will
assist
in determining the nature and extent of
the contamination.
2)
The operator of the facility for which assessment
monitoring
is required shall file the plans
for an
assessment monitoring program with the Agency.
If
the facility is permitted by the Agency,
then the
plans shall be filed
for review as a significant
permit modification pursuant to 35
Ill. Mm.
Code
8l3.Subpart
B.
The assessment monitoring program
shall be implemented within
90 days of confirmation
of any monitored increase
in accordance with
subsection (a)(4) or,
in the case of permitted
facilities, within
90 days of Agency approval.
3)
If the analysis of the assessment monitoring data
shows that the concentration of one or more
constituents, monitored at or
beyond the zone of
attenuation,
is above the applicable groundwater
quality standards of Section 816.122 and
is
attributable to the electric utility fossil fuel
combustion waste disposal facility, then the
operator shall determine the nature and extent of
the groundwater contamination including an
assessment of the potential impact on the
groundwater should waste continue to be accepted at
the facility and shall implement remedial action in
accordance with subsection
(d).
4)
If the analysis of the assessment monitoring data
shows that the concentration of one or more
constituents
is attributable
to the solid waste
120—249
disposal facility and exceeds the maximum allowabi
predicted concentration within the zone of
attenuation, then the operator shall conduct
a
groundwater impact assessment
in accordance with
the requirements of subsection
(c).
c)
Assessment of Potential Groundwater Impact
An operator required to conduct a groundwater impact
assessment
in accordance with subsection
(b)(4)
shall
assess the potential impacts outside the zone of
attenuation that may result from confirmed increases
above the maximum allowable predicted concentration
within the zone of attenuation, attributable to the
facility,
in order to determine if there is need for
remedial action.
In addition
to the requirements of
Section 816.119, the following shall apply:
1)
The operator shall utilize any new information
developed since the initial assessment and
information from the detection and assessment
monitoring programs and such information may be
used for the re-calibration of the GCT model; and
2)
The operator shall submit the groundwater impact
assessment and any proposed remedial action plans
determined necessary pursuant to subsection
(d)
to
the Agency within 180 days of the start of the
assessment monitoring program.
d)
Remedial Action
1)
The operator shall submit a plan for the remedial
action to the Agency.
That plan and all supporting
information including data collected during the
assessment monitoring shall be submitted within
90
days of determination of either of the following:
A)
The groundwater
impact assessment performed in
accordance with subsection
(C),
indicates that
remedial action
is needed;
or
B)
Any confirmed increase above the applicable
groundwater quality standards of Section
816.122
is determined to be attributable to
the electric utility fossil fuel combustion
waste disposal facility in accordance with
subsection
(b).
2)
If the facility has been issued a permit by the
Agency,
then the operator shall submit this
information as an application for significant
120—250
—43—
modification to the permit.
3)
The operator shall implement the plan for remedial
action within 90 days of the following:
A)
Completion of the groundwater impact
assessment under subsection
(C)
that requires
remedial action;
B)
Establishing that a violation of an applicable
groundwater quality standard of Section
816.122
is attributable to the solid waste
disposal facility in accordance with
subsection
(b)(3);
and a variance from the
standard
is not available and appropriate;
or
C)
Agency approval of the remedial action plan,
where the facility has been permitted by the
Agency.
4)
The remedial action program shall consist of one or
a combination of one or more of the following
solutions:
A)
Retrofit additional groi~ndwaterprotective
measures within the unit;
B)
Construct an additional hydraulic barrier,
such as a cutoff wall or slurry wall system;
C)
Pump and treat the contaminated groundwater;
or
D)
Any other equivalent technique which will
prevent further contamination of groundwater.
5)
Termination of the Remedial Action Program
A)
The remedial action program shall continue
in
accordance with the plan until additional
monitoring shows that the concentrations of
all monitored constituents are below the
maximum allowable predicted concentration
within the zone of attenuation, and below the
applicable groundwater quality standards of
Section 816.122 at
or beyond the zone of
attenuation, over
a period of
4 sampling
events per the SAP.
B)
The operator shall submit to the Agency all
information collected under subsection
(d)(5)(A).
If the facility is permitted then
the operator shall submit this information as
significant modification of the permit.
120—25 1
—44—
Section 816.122
Groundwater Quality Standards
a)
Applicable Groundwater Quality Standards
1)
Groundwater quality shall be maintained beyond the
zone of attenuation at the groundwater quality
standard established by the Board.
For any
constituent
for which there
is not a Board
established standard,
the standard shall be the
background concentration as determined during the
site assessment.
2)
Any statistically significant increase above an
applicable groundwater quality standard established
pursuant to subsection
(a)
that is attributable to
the facility an which occurs at or beyond the zone
of attenuation within 100 years after closure of
the last unit accepting waste within such a
facility shall constitute a violation.
3)
For the purpose of this Part:
A)
“Background concentration” means that
concentration of a constituent that is
established as the background
in accordance
with subsection
(d); and
B)
“Board established standard”
is the
groundwater quality standard adopted by the
Board pursuant to Section 14.4 of the Act or
Section
8 of the Illinois Groundwater
Protection Act
(Ill. Rev.
Stat.
1989,
ch.
111
1/2,
par.
7458).
b)
Justification for Adjusted Groundwater Quality Standards
1)
An operator may petition the Board
for an adjusted
groundwater quality standard inaccordance with the
procedures specified
in Section 28.1 of the Act and
35
Ill. Adm. Code 106.410 through 106.416.
2)
For groundwater which contains naturally occurring
constituents which do not meet the standards in
subsection
(a), the Board will specify adjusted
groundwater quality standards, upon a demonstration
by the operator that:
A)
The groundwater does not presently serve as a
source of drinking water;
120—252
—45—
B)
The change in standards will not interfere
with,
or become injurious to,
any present or
potential beneficial uses for such waters;
C)
The change
is necessary for economic or social
development; and
D)
The groundwater cannot presently, and will not
in the future,
serve as a source of drinking
water because:
i)
It
is impossible to remove water in
usable quantities;
ii)
The groundwater
is situated at a depth or
location such that recovery of water
for
drinking purposes
is not technologically
feasible or economically reasonable;
iii) The groundwater
is so contaminated that
it would be economically or
technologically impractical
to render
that water fit for human consumption;
iv)
The total dissolved solids content of the
groundwater
is more than 3,000 mg/l and
that water
is not reasonably expected to
serve a public water supply system;
or
v)
The total dissolved solids content of the
groundwater exceeds 10,000 mg/l.
c)
Determination of the Zone of Attenuation
1)
The zone of attenuation, within which
concentrations of constituents
in leachate
discharged from the unit may exceed the applicable
groundwater quality standard of this Section,
is a
volume bounded by a vertical plane at the property
boundary or 100 feet from the edge of the unit,
whichever
is less, extending from the ground
surface to the bottom of the uppermost aquifer and
excluding the volume occupied by the waste.
2)
Zones of attenuation shall not extend to the annual
high water mark of navigable surface waters.
3)
Overlapping zones of attenuation from units within
a singly facility may be combined into a single
zone for the purposes of establishing a monitoring
network.
120—253
—46—
d)
Establishment of Background Concentratic~ns
1)
The initial monitoring to determine background
concentrations shall commence during the
hydrogeologic assessment required by Section
816.117.
The background concentrations for those
parameters identified shall be listed
in the SAP
and shall be established based on quarterly
sampling of wells for at least one year, monitored
in accordance with the requirements of the SAP,
which may be adjusted during the operation of a
facility.
Statistical
tests and procedures shall
be employed,
in accordance with subsection
(e),
depending on the number, type and frequency of
samples collected from the wells,
to establish the
background concentrations.
Adjustments to the
background concentrations shall be made only if
changes
in the concentrations of constituents
observed in upgradient wells over time are
determined,
in accordance with subsection
(e),
to
be statistically significant.
Background
concentrations determined in accordance with this
subsection shall be used for the purposes of
establishing groundwater quality standards,
in
accordance with subsection
(a).
The operator shall
prepare a list of the background concentrations
established
in accordance with this subsection.
The operator shall maintain such a list at the
facility,
shall submit
a copy of the list
to the
Agency for establishing standards
in accordance
with subsection
(a), and shall provide updates to
the list within ten days of any change to the list.
2)
A network of monitoring wells shall
be established
upgradient from the unit,
with respect to
groundwater
flow,
in accordance with the following
standards,
in order
to determine the background
concentrations of constituents
in the groundwater:
A)
The wells shall be located at such a distance
that discharges of contaminants from the unit
will not be detectable;
B)
The wells shall
be sampled at the same
frequency as other monitoring points
to
provide continuous background concentration
data,
throughout the monitoring period; and
C)
The wells shall be established
in locations
and at depth that account for spatial
variability.
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—47—
3)
A determination of background concentrations may
include the sampling of wells that are not
hydraulically upgradient of the waste unit where:
A)
Hydrogeologic conditions do not allow the
owner or operator to determine that wells are
hydraulically upgradient of the waste; and
B)
Sampling at other wells will provide an
indication of background concentrations that
is representative of
that which would have
been provided by upgradierit wells.
4)
If background concentrations cannot be determined
on site, then alternative background concentrations
may be determined from actual monitoring data from
the aquifer of concern, which includes, but
is not
limited to,
data from another landfill site that
overlies the same aquifer.
e)
Statistical Analysis of Groundwater Monitoring Data
1)
Statistical tests shall be used to analyze
groundwater monitoring data.
One or more of the
normal theory statistical
tests listed in
subsections
(e)(3) and (e)(4) shall be chosen first
for analyzing the data set or transformations of
the data set.
Where such normal theory tests are
demonstrated to be inappropriate,
tests listed in
subsection (e)(5)
or
a test
in accordance with
subsection (e)(6) shall be used.
For any
statistical
test chosen from subsections
(e)(4) or
(e)(5), the level of significance (Type
1 error
level)
shall
be no less than 0.01,
for individual
well comparisons, and no less than 0.05,
for
multiple well comparisons.
The statistical
analysis shall include, but not be limited to, the
accounting of data below the detection limit of the
analytical method used,
the establishment of
background concentrations and the determination of
whether statistically significant changes have
occurred in:
A)
The concentration of any chemical constituent
with respect to the background concentration
or maximum allowable predicted concentration;
and
B)
The established background concentration of
any chemical constituents over
time.
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—48—
2)
The statistical test or tests used shall be based
upon the sampling and collection protocol of
Sections 816.120 and 816.121.
3)
Monitored data that are below the level of
detection shall be reported as not detected (ND).
The level of detection for each constituent shall
be the minimum concentration of that constituent
which can be reliably measured and reported within
standard confidence limits,
under routine
laboratory operating conditions, which
is defined
as the PQL.
The following procedures shall be used
to analyze such data, unless an alternative
procedure
in accordance with subsection (e)(6),
is
shown to be applicable:
A)
Where the percentage of non—detects
in the
data base used
is less than 15 percent,
the
operator shall replace NDs with the PQL
divided by two,
then proceed with the use of
one or more of the Normal Thebry statistical
tests listed in subsection (e)(4);
B)
Where the percentage of non—detects
in the
data base or data transformations used is
between 15 and
50 percent, and the data are
normally distributed, the operator shall use
Cohen’s adjustment
to the sample mean and
standard deviation,
followed by one or more of
the tests listed in subsection
(e)(4)(C).
However, where data are not normally
distributed, the operator shall use an
applicable non—parametric test from subsection
(e) (5);
C)
Where the percentage of non—detects
in the
database used is above
50 percent,
then the
owner or operator shall use the test of
proportions listed
in subsection
(e)(4).
4)
Normal theory statistical tests
A)
Student t—test
including, but not limited
to,
Cochran’s Approximation to the Behren—Fisher
(CABF)
t—test and Averaged Replicate
(AR)
t—
test.
B)
Parametric analysis of variance
(ANOVA)
followed by one or more of the multiple
comparison procedures including,
but not
limited to, Fisher’s Least Significant
Difference
(LSD),
Student Newman—kuel
120—256
procedure, Duncan’s New Multiple Range ‘Pes
and Tukey’s,~Wprocedure.
C)
Control Charts, Prediction Intervals and
Tolerance Intervals,
for which the type t
error levels shall
be specified by the Agen
in accordance with the requirements of 35
I
Adm. Code 724.197(i).
5)
Non—parametric statistical tests shall include:
Mann—Whitney U—test, Kruskal—Wallis test,
a non—
parametric analysis of variance (ANOVA)
for
multiple comparisons or the Wilcoxon Rank Sum te~
6)
Any other statistical test based on the
distribution of the sampling data may be used,
if
~.tis demonstrated to meet the requirements of 35
.11. Adm. Code 724.197(i).
Section 816.123
Final Slope and Stabilization
a)
All final slopes shall be designed and constructed to
grade capable of supporting vegetation and which
minimizes erosion.
b)
All slopes shall be designed to drain runoff away from
the cover and which prevents ponding.
No permanent
standing water shall be allowed anywhere
in or on the
unit.
C)
Vegetation
1)
Vegetation shall be promoted on all reconstructed
surfaces to minimize wind and water erosion of the
final protective cover.
2)
Vegetation shall be compatible with the climatic
conditions.
3)
Vegetation shall require little maintenance.
4)
Vegetation shall consist of a diverse mix of nativE
and introduced species that is consistent with the
post—closure land use.
5)
The root depth of the vegetation shall not exceed
the depth of the final protective cover system;
6)
Temporary erosion control measures, including but
not limited to mulch straw, netting and chemical
soil stabilizers, shall be undertaken while
vegetation is being established.
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—50—
d)
Structures Constructed Over the Unit
1)
Structures constructed over the unit must be
compatible with the land use.
2)
Such structures must
in no way interfere with the
operation of a cover system,
or any monitoring
system.
Section 816.124
Waste Checking Program
The operator shall annually certify the uniformity of the waste
being received at the facility.
At such time as the processes
generating
the waste and the projected waste characteristics
change significantly, the operator shall, prior
to changing the
process, demonstrate pursuant
to Section 811.119 that the design
and SAP are still appropriate.
The change shall not be initiated
until Agency approval of an amended permit, except that if the
Agency has not acted to approve or deny an amendment request
within 90 days of receipt of that request,
the change shall be
considered approved from that time on.
For the purposes of this
Section,
significant changes include, but are not necessarily
limited to, changes
in fuel type, gross design changes
in the
combustion process or gross design changes
in pollution control
equipment affecting the type or quantity of combustion wastes
produced.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certi~ythat the above Opinion and Order was
adopted on the
~
day of
~~&~c4j
,
1991,
by
a vote
of
7-0
Dorothy M. (~unn, Clerk
Illinois Po’llution Control Board
120—258
