ILLINOIS POLLUTION CONTROL BOARD
June 20,
1991
IN THE
MATTER OF:
)
)
GROUNDWATER PP~)TECTION: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)
)
Proposed Requlations.
Second First Notice.
OPINION
AND
ORDER OF THE BOARD
(by R. C.
Flemal):
This matter comes before the Board upon a regulatory
proposal filed March 13,
1989 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 t~ie.IllinoisGeneral 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
br producing groundwater contamination.
This matter previously has been submitted for First Notice
by the Board.
However, this “1st First Notice” has now expired.
By today’s action the Board reproposes a First Notice action.
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
~
sep..
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.
—2—
ORGANIZATION OF TODAY’S OPINION
Today’s Opinion contains nine major sections,
in order as
follows:
Organization of Today’s Opinion
Procedural History
Statutory Framework
Proposal Overview
Discussion of Part 601
Discussion of Part 615
Discussion of Part 616
Discussion of Part 617
Economic Impact
Today’s proposal does not differ greatly from the 1st First
Notice proposal; most changes that are to be found consist of
formatting or other technical corrections.
Those new or modified
provisions that are possibly of a substantive nature are
discussed in today’s Opinion.
In addition, today’s Opinion
repeats those general portions of the 1st First Notice Opinion
that remain necessary or useful for an understanding of the
instant proposal.
PROCEDURAL HISTORY
The Board adopted a proposal for First Notice
(“1st First
Notice”) by Opinion and Order of August
31,
1989; publication
occurred at 13 Iii.
Reg.
14641,
September 22,
1989.
The
interested person is directed to the 1st First Notice Opinion for
a review of procedural history prior to 1st First Notice.
As the Board noted in the 1st First Notice Opinion
(p.
1-
2),
a principal reason for taking First Notice action then was to
provide a draft upon which the required Economic Impact Study
(“EcIS”)
could be focused.
A second reason was to allow two
other regulatory actions to proceed to the point where their
potential interplay with the instant proposal would be more
apparent.
These two actions were the Board propose~revision of
its landfill regulations undertaken in Docket R88—7
and the
companion “groundwater standards” proceeding mandated under
Section 8(a)
of the IGPA (see following discussion of Docket R89-
14)
The landfill regulations considered in R88-7 were adopted
August 17,
1990 and became effective September 18,
1990.
However, while the Board awaited the EcIS and the outcome of the
2
In the Matter
of:
Development,
Operating,
and Reporting
Reguirements for Non—hazardous Waste Landfills.
—3—
R89-14 proceeding, the one-year active term3 of the 1st First
Notice expired.
In addition, the deadline set at Section 14.4 of
the Act for completion of the instant rulemaking passed.
The
Board addressed both these concerns by Order of February 28,
1991,
where it specified its intent to await completion of the
EcIS and further resolution
in R89-14,
but otherwise to expedite
this proceeding.
The EcIS was duly completed under the direction of the
Illinois Department of Energy and Natural Resources
(“DENR”); the
statutory EcIS hearing was held in Springfield on April
3, l991~.
On May 30,
1991 a hearing was held in the R89-14 proceeding.
Fourteen Public Comments
(“PC”) have been filed since 1st
First Notice.
These are comments of the Administrative Code
Division of the Illinois Office of the Secretary of State
(PC
#11),
the Illinois Department of Commerce and Community Affairs
(PC #12),
the Illinois Department of Agriculture
(PC #13 and PC
#22), the Metropolitan Water Reclamation District of Greater
Chicago
(PC #14),
the Illinois Fertilizer and Chemical
Association
(PC #15 and PC #20), Waste Management of Illinois,
Inc.
(PC #16 and #21), The Illinois Environmental Regulatory
Group
(PC #17), the NcHenry County Defenders, Citizens for a
Better Environment, and the Illinois Chapter of the Sierra Club
(collectively as “Defenders”)
(PC #18 and #24),
the Illinois
Department of Energy and Natural Resources
(PC #19), and the
Agency
(Pc #23).
STATUTORY
FRAMEWORK
The IGPA was enacted by the Illinois General Assembly as the
consequence of a long—standing concern by the General Assembly
and the citizens of the State for protection of the State’s rich
and valued groundwater resources.
The IGPA is a multi-faceted
policy and program statement designed to assure the continued
viability of the State’s groundwater resources.
The policy
statement, as found at Ill. Rev.
Stat.
1989,
ch.
111½,
¶7452(b),
reads:
it is the policy of the State of Illinois to
restore, protect, and enhance the groundwaters of the
State, as
a natural and public resource.
The State
The Illinois Administrative Procedure Act prescribes that
a regulatory proposal must be acted upon with one-year of its being
first noticed,
otherwise it
is necessary to re—first notice the
proposal.
~ Citation herein to the transcript pages of the EcIS hearing
are
in the form:
“R2.
at
“.
Citation to the transcript pages
of the early merit hearings (May 16, May 17, and June
1,
1989)
are
in the form:
“R.
at
—4—
recognizes the essential and pervasive role of
groundwater
in the social and economic well—being of
the people of Illinois, and its vital importance to the
general health,
safety, and welfare.
It is further
recognized as consistent with this policy that the
groundwater resources of the State be utilized for
beneficial and legitimate purposes; that waste and
degradation of the resources be prevented; and that the
underground water resources be managed to allow for
maximum benefit of the people of the State of Illinois.
Section 14.4
The particular program statement which underlies today’s
action occurs within Section 14.4 of the Act.
Section 14.4
prescribes in its entirety:
a.
No later than January
1,
1989, the Agency,
after
consultation with the Interagency Coordinating
Committee on Groundwater and the Groundwater
Advisory Council, shall propose regulations to the
Board prescribing standards and requirements for
the following activities:
1.
landfilling,
land treating, surface
impounding or piling of special waste and
other wastes which could cause contamination
of groundwater and which are generated on the
site, other than hazardous,
livestock and
landscape waste,
and construction and
demolition debris;
2.
storage of special waste in an underground
storage tank for which federal regulatory
requirements for the protection of
groundwater are not applicable;
3.
storage and related handling of pesticides
and fertilizers at a facility for the purpose
of commercial application;
4.
storage and related handling of road oils and
de—icing agents at a central location; and
5.
storage and related handling of pesticides
and fertilizers at a central location for the
purpose of distribution to retail sales
outlets.
In preparing such regulation,
the Agency shall
provide as it deems necessary for more stringent
provisions for those activities enumerated in this
subsection which are not already in existence.
—5—
Any activity for which such standards and
requirements are proposed may be referred to as a
new activity.
b.
Within
2 years after the date upon which the
Agency ~i1es the proposed regulations pursuant to
subsection
(a)
of this Section, the Board shall
promulgate appropriate regulations for existing
activities.
In promulgating these regulations,
the Board shall,
in addition to the factors set
forth in Title VII of this Act, consider the
following:
1.
appropriate programs for water quality
monitoring;
2.
reporting, recordkeeping and remedial
response measures;
3.
appropriate technology—based measures for
pollution control; and
4.
requirements for closure or discontinuance of
operations.
Such regulations as are promulgated pursuant to
this subsection shall be for the express purpose
of protecting groundwaters.
The applicability of
such regulations shall be limited to any existing
activity which is located:
A.
within a setback zone regulated by this
Act, other than an activity located on
the same site as a non—community water
system well and for which the owner is
the same for both the activity and the
well;
or
B.
within
a regulated recharge area as
delineated by Board regulation, provided
that:
i. the boundary of the lateral area of
influence of a community water
supply well located within the
recharge area includes such
activity therein;
ii. the distance from the wellhead of
the community water supply to the
activity does not exceed 2500 feet;
and
—6—
iii. the community water supply well was
in existence prior to January 1,
1988.
In addition, the Board shall ensure that the
promulgated regulations are consistent with and
not pre-emptive of the certification system
provided by Section 14.5.
c.
Concurrently with the action mandated by
subsection
(a), the Agency shall evaluate, with
respect to the protection of groundwater, the
adequacy of existing federal and State regulations
regarding the disposal of hazardous waste and the
offsite disposal of special and municipal wastes.
The Agency shall then propose,
as it deems
necessary,
additional regulations for such new
disposal activities as may be necessary to achieve
a level of groundwater protection that is
consistent with the regulations proposed under
subsection
(a)
of this Section.
d.
Following receipt of proposed regulations
submitted by the Agency pursuant to subsection
(a)
of this Section, the Board shall promulgate
appropriate regulations for new activities.
In
promulgating these regulations, the Board shall,
in addition to the factors set forth in Title
VII
of this Act, consider the following:
1.
appropriate programs for water quality
monitoring,
including,
where appropriate,
notification limitations to trigger
preventive response activities;
2.
design practices and technology-based
measures appropriate for minimizing the
potential for groundwater contamination;
3.
reporting, recordkeeping and remedial
response measures;
and
4.
requirements for closure or discontinuance of
operations.
Such regulations as are promulgated pursuant to
this subsection shall be for the express purpose
of protecting groundwaters.
The applicability of
such regulations shall be limited to any new
activity which is to be located within a setback
zone regulated by this Act,
or which is to be
located within a regulated recharge area as
delineated by Board regulation.
In addition,
the
—7—
Board shall ensure that the promulgated
regulations are consistent with and not pre-
emptive of the certification system provided by
Section 14.5.
e.
Nothing in this Section shall be ~onstrued as
prohibiting any person for whom regulations are
promulgated by the Board pursuant to subsection
(b)
or
(c)
of this Section, from proposing and
obtaining,
concurrently with the regulations
proposed by the Agency pursuant to subsection
(a)
of this Section,
a rule specific to individual
persons or sites pursuant to Title VII of this Act
which codifies alternative groundwater protection
methods that provide substantially equivalent
protection for community water supplies.
f.
Nothingin this Section shall be construed as
limiting the power of any county or municipality
to adopt ordinances, which are consistent with but
not more stringent than the regulations adopted by
the Board pursuant to this Section,
for
application of standards and requirements within
such setback zones as are provided by this Act.
g.
The Agency shall prepare a groundwater protection
regulatory agenda for submittal to the Interagency
Coordinating Committee on Groundwater and the
Groundwater Advisory Council.
In preparing this
agenda, the Agency shall consider situations where
gaps may exist in federal or State regulatory
protection for groundwater, or where further
refinements could be necessary to achieve adequate
protection of groundwater.
h.
Nothing in this Section shall be construed as
limiting the general authority of the Board to
promulgate regulations pursuant to Title VII of
this Act.
Although the instant proposal is being entertained pursuant
to the mandate of Section 14.4,
Section 14.4 sufficiently
interweaves with other portions of the IGPA that it is necessary
to discuss briefly these related portions.
Sources and Routes
In general usage,
a “source” of groundwater contamination is
any activity,
facility, etc.
from which
a contaminant finds its
way into groundwater.
However, the IGPA does not define the term
“source” in isolation, but instead defines “potential sources” of
various types.
Moreover, the definitions include only very
specific activities and activity levels, such that the definition
—B—
of “potential source” as used in the IGPA and herein is
substantially more circumscribed than it is in general usage.
The IGPA identifies two basic types of potential sources,
potential primary source at Section 3.59 of the Act and potential
secondary source at Section 3.60 of the Act.
In each case a
potential source
is initially identified as “any unit at a
faci1it~’or site not currently subject to a removal or remedial
action”
.
Additionally,
a potential primary source is a
potential source that:
1.
is utilized for the treatment,
storage, or
disposal of any hazardous or special waste not
generated at the site; or
2.
is utilized for the disposal of municipal waste
not generated at the site, other than landscape
waste and construction and demolition debris; or
3.
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
same person; or
4.
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.
(Act,
Section 3.59)
Conversely,
a potential secondary source is any unit at a
facility or site not subject to a removal or remedial action,
which is not a potential primary source, and which:
1.
is utilized for the landfilling,
land treating,
or
surface impounding or waste that is generated on
the site or at other sites owned, controlled or
operated by the same person,
other than livestock
and landscape waste, and construction and
demolition debris; or
2.
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
The
terms
“site”
and
“unit”
as
used
in
the
statutory
definitions
of potential primary source and potential secondary
source are themselves statutorily defined at Sections 3.43 and 3.62
of the Act.
—9—
3.
stores or accumulates at any time more than 25,000
gallons above ground, or more than 500 gallons
below ground, of petroleum,
including crude
oii. or
any fraction thereof which
is not otherwise
specifically listed or designated as
a hazardous
substance; or
4.
stores or accumulates pesticides,
fertilizers,
or
road oils for purposes of commercial application
or for distribution to retail sales outlets; or
5.
stores or accumulates at any time more than 50,000
pounds of any de-icirrg agent; or
6.
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”.
(Act, Section 3.60)
In general usage,
a “route” of groundwater contamination is
any conduit through which a contaminant is transferred from
its
source to groundwater.
As is the case with “potential source”,
the definition of “potential route”
is statutorily circumscribed
in the IGPA to include only specific types of routes, as follows:
“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 dis’covery,
development or
production of stone,
sand or gravel.
(Act, Section
3.58)
Setback Zones
Setback zone is defined at Section 3.61 of the Act as:
“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 regu’ations are applicable in order to
protect groundwaters
The nature of and various restrictions applied to setback
zones are expanded upon in Sections 14.1,
14.2,
and 14.3 of the
Act.
Section 14.1 establishes a general prohibition against the
6
The
term
“potable”
used
in
this
definition
is
itself
statutorily defined at Section 3.65 of the Act.
—10—
siting of any new community water supply well7 within 200 feet of
any potential primary or potential secondary source or any
potential route.
This prohibition is extended pursuant to
subsection
(b) to 400 feet for a new community water supply well
“deriving water from fractured or highly permeable bedrock or
from an unconsolidated and unconfined sand and gravel formation”.
Section 14.1 thus,
among other matters, establishes a minimum
setback zone of 200 or 400 feet around potential groundwater
contamination sourc~s,within which the siting of new community
wells is prohibited
Minimum setback zones for potable water supply wells and
prohibitions against new sitings within them are established in
Section 14.2.
Like the setback zones established for potential
sources and potential routes in Section 14.1,
the basic minimum
setback zones for potable water supply wells are 200 and 400
feet,
depending on the nature of the bedrock or sand and gravel
formation from which the water
is derived.
The prohibitions
against new sitings apply to new potential routes and new
potential primary or secondary sources.
In these elements,
Section 14.2 is then essentially the converse of Section 14.1,
the former establishing setbacks around the water wells,
and the
latter establishing setbacks around potential contamination
sources/routes.
Section 14.2,
however,
is
substantially
more
expansive than
Section 14.1 with regard to the number of wells covered and to
special conditions and exceptions.
As regards coverage, the 200-
foot setback under Section 14.2 initially applies to ~jj potable
water supply wells,
not just community water supply wells; the
400-foot provision remains applicable only to community water
supply wells.
Because community water supply wells are only a
small subset of all potable water supply wells, the number of
.‘
Community and non-community water
supply systems
are the
two varieties of public water supply systems, pursuant to Section
3.28 of the Act.
A community water supply by definition at Section
3.05 of the Act “serves or is intended to serve at least 15 service
connections
used
by
residents or regularly
serves
at
least
25
residents”;
a non-community water supply system is
a public system
which
is not
a community system.
Pursuant to Section 3.05 non—
community water supplies are not subject to the provisions of the
Act.
8 Section
13
of the IGPA establishes
a
similar prohibition
against the siting of new non—community, semi-private,
or private
water wells within
200
feet of any potential primary or potential
secondary source or any potential route.
Certain exceptions may
apply for private wells where the owner of the new well is the same
as the owner of the potential source or route.
Section 13 of the
IGPA
is
codified
at
Rev.
Stat.
1989,
ch.
111½,
par.
116.116a
(“Illinois Water Well Construction Code”).
—11—
wells governed by the provisions of Section 14.2 is substantially
larger than those addressed by Section 14.1.
Among the special conditions and exceptions provided for in
Section 14.2
is provision at subsection
(b)
for the owner of a
potable water supply well other than a community well to waive
the prohibition against siting of new potential sources/routes.
A special provision at 14.4(b) also establishes that in the
circumstance where a potable water supply is part of a private
water system and the owner of such well will also be the owner of
a new potential secondary source or new potential route, the
p~ohibitionagainst siting a new potential secondary source or
new potential route extends to only 75 feet.
Subsection ~c)
further allows the Board to grant exception to the prohibition
against new sitings for certain types of sitings.
Whereas Section 14.2 establishes minimum setback zones
around water supply wells, Section 14.3 establishes provisions by
which setback zones may be expanded to a maximum zone not to
exceed 1000 feet.
The provision is applicable only to community
water supply wells and requires affirmative action by the well
owner or the Agency.
The prohibitions for new siting within
maximum setback zones differ from the prohibitions within minimum
setback zones in that only new potential primary sources are
prohibited in the former.
Regulated Recharge Areas
Regulated recharge area
is defined at Section 3.67 of the
Act:
“Regulated Recharge Area” means
a
compact geographic
area,
as determined by the Board, the geology of which
renders a potable resource groundwater particularly
susceptible to contamination.
The procedures and conditions under which promulgation of
a
regulated recharge area may be undertaken are specified at
Sections 17.3 and 17.4 of the Act; promulgation is undertaken
according to the provisions for rulemakings found at Section 28
of the Act.
The instant proposal sets up a separate Part, Part 617,
into
which adopted regulated recharge areas are to be eventually
placed; to date, no proposals for promulgation of a regulated
recharge area have been received by the Board.
Certification of Minimal Hazard
Section 14.5 provides for a “certification of minimal
hazard” system by which the owner of any site otherwise covered
by the 400 foot minimum setback provision of Section 14.2(d)
or
~j~y
of the provisions of Section 14.4 or regulations adopted
—12—
thereunder
is exempted from the requirements of these two pieces
of statute.
This has particular import to the instant proposal,
since the existence of certification totally exempts that owner
from the regulations proposed herein.
Section 14.5 establishes that the certification process is
initiated by the owner and is approved as to completeness and
adequacy by the Agency or the Agency’s delegate.
Section 14.5
does not directly address the matter of appeal processes where an
Agency finding on completeness and adequacy is adverse.
However,
in response to this matter the Agency notes:
Under Section 14.5(c)
of the Act, Agency action under
Section 14.5(c) (1) and
(2)
is a final determination.
Under Section 5(d)
of the Act, “the
Board has the
authority to conduct hearings
.
.
.
upon other
petitions for review of final determinations which are
made pursuant to the Act or Board rule and which
involve a subject which the Board is authorized to
regulate
.
.
.
(emphasis added).”
Therefore it can be
argued that Section 5(d)
of the Act authorizes the
Board to consider petitions for review of Agency final
determinations under Section 14.5.
(PC #9 at ¶10).
Water quality Standards for Groundwater. Board Docket R89-14
Besides the mandate of Section 14.4, the IGPA also contains
a mandate for promulgation of water quality standards found at
Ill.
Rev.
Stat.
1989,
ch.
111½,
¶7458.
This mandate
is being
addressed in Board Docket R89-14,
In the Matter of: Groundwater
Quality Standards
(35 Ill.
Adm. Code 620).
Among recent actions
in the R89-14 docket are the September 27,
1990 and February 7,
1991 adoption by the Board of First Notice proposed rules.
The
September proposal, now called R89—14 Docket A, consists of a
rule crafted by the Board based on earlier Agency and Defender
proposals;
the February proposal, R89-14 Docket B, consists of
the Agency’s third amended proposal.
The Board is still
gathering comment on these two proposals, whereupon action will
proceed.
Decisions to be reached
in the R89—14 proceeding will have a
bearing on several aspects of the instant proceeding.
Essential
will be identification of the constituents, including their
numerical values,
for which compliance will be required under
today’s rules.
Examples of other aspects of the R89—14 rule that
bear on today’s proposal include defining compliance points,
identifying classes of groundwater to which groundwater
monitoring is to be targeted, and specification of the contents
of preventive notification programs.
Therefore,
the interested
person should be aware that decisions made in the R89-14
proceeding will bear upon the instant proceeding and may require
modification of today’s proposal.
—13—
PROPOSAL OVERVIEW
The Board will first present an overview of the salient elements
of today’s proposal.
This overview is then followed by
discussion o~individual Parts and Subparts of the proposal.
Regulated Activities
The proposed regulations apply only to a limited set of the
number of possible activities within setback zones and regulated
recharge areas.
This limited set consists of the activities
listed at Section 14.4(a)(1-~) of the Act.
The activities that
are included are
(1)
on-site
landfilling, on—site land treating,
on-site surface impounding, and on-site waste piling,
(2)
storing
in underground tanks,
(3)
storing and related handling of
pesticides or fertilizers,
(4)
storing and related handling of
road oils,
and
(5)
storing and related handling of de-icing
agents.
The units affected by the regulations are further
limited by exempting certain subclasses of units,
such as most
on—site units that are solely for the treatment,
storage, and
disposal of hazardous waste, livestock waste,
landscape waste, or
construction and demolition debris.
Besides guidance provided by the list at Section 14.4(a),
controlling factors in determining which activities would be
regulated under the instant proposal are
(1) whether the activity
constitutes a potential source of groundwater contamination and
(2) whether the activity
is already ~ntrolled
under existing
State or Federal regulations or laws
It should be noted that Section 14.4(c)
of the Act contains
a specific mandate to the Agency to propose additional
regulations, beyond those proposed herein,
for control of the
disposal of hazardous wastes and the off—site disposal of special
and municipal wastes if, after required evaluation,
existing
State and Federal regulations are found to be insufficient to
achieve groundwater protection consistent with Section 14.4(a).
~ “On—site”
is defined
in Section 615.102
of the proposal.
The definition
is
identical
to that found
at
35
Ill.
Adm.
Code
702.110.
10 The Illinois Environmental Regulatory Group (“IERG”) argues
that
the
instant
regulations
do
overlap
with
other,
existing
regulations
(PC #17);
the Agency contends the contrary (PC #23 at
¶49).
In general,
the Board agrees with the Agency.
However,
assurance that no
conflict
exists between
today’s proposal and
other regulations is a major priority in the Board’s consideration
of this matter.
Interested persons are accordingly requested to
continue
to
address
this
issue
during
the First
Notice Comment
Period.
—14—
In this context,
the instant regulations may be viewed as
plugging a legislatively-identified regulatory gap, with
additional regulations to follow as may be identified by
additional Agency analysis.
Moreover, they may be viewed a
“first—cut” effort directed toward just those activities
legislatively-identified as requiring immediate attention.
Section 14.4 makes distinction between new and existing
activities located within setback zones and regulated recharge
areas.
It also provides separate mandates for, and factors to be
considered in, promulgation of regulations for the two classes of
activities
(cf, subsections
(b) and
(d)).
Additionally,
at
subsection
(a)
explicit allowance is made for “more stringent
provisions for those activities
.
.
.
which are not already in
existence”.
The fundamental distinction between new and existing
activities is recognized in the organization of the proposal into
two separate Parts, with Part 615 treating existing activities
and Part 616 treating new activities.
Although the internal
arrangement and many specific provisions of the two Parts are
similar, they differ in detail reflective of the distinction
between new and existing activities and of the generally more
restrictive provisions attached to new activities.
Regulation of Landfills and Waste Piles
The IGPA and the Act at Section 14.4 specifically identify
landfills as facilities for which groundwater protection
regulations are to be promulgated.
At Section 14.4(b)
and
(d)
the IGPA and the Act further specify that the regulations address
water quality monitoring,
reporting, recordkeeping, remedial
response, closure care, and pollution control measures.
Accordingly,
at 1st First Notice various provisions of this
nature were proposed to be applied to landfills
~.
Subsequently,
however, the Board in its R88—7 Docket adopted comprehensive
regulations for solid waste disposal now found at 35
Ill. Adm.
Code Parts 810 through 815.
These regulations apply to all
landfills identified in Section 14.4.
Moreover, they appear to
put into place most of the specific provisions identified at
Sections 14.4(b)
and 14.4(d).
Given this circumstance,
it would
be unwise to repeat like provisions in Parts 615 and 616,
lest
conflict be produced.
Accordingly, today’s proposal deletes
Sections 615.405 through 615.407 and 616.403 through 616.408
let First Notice Sections 615.405 and 616.403
(Groundwater
Monitoring), 615.406 (operating Requirements), 615.407 and 616.408
(Closure and
Post-Closure
Care),
616.404
(Design and Operating
Requirements),
616.405
(Monitoring
and
Inspection),
616.406
(Surveying
and
Recordkeeping),
and
616.407
(Operating
Requirements).
—15—
found in the 1st First Notice proposal.
The Board particularly
seeks comment on these deletions.
One issue that the Board finds not addressed by the new
landfill regulations is the issue of required closure of existing
landfills
(see discussion of Required Cessations and Closures,
below).
Accordingly, the required closure provisions are the
only provisions of the landfill portions of Parts 615 and 616
which are retained from 1st First Notice.
The IGPA also mandates at Section 14.4 the consideration of
groundwater protection regulations related to waste piles.
The
B~ardnotes that, through the operation of 35 Ill. Aim. Code
810.103, waste piles are landfills for the purpose of the Parts
810 through 815 regulations.
Thus, at least some of the IGPA
waste-pile mandate has also already been addressed by Parts 810
through 815, and need not be considered further here.
Regulation of Pesticide and Fertilizer Facilities
The IGPA at Section 14.4(a)
iaentifies pesticide and
fertilizers facilities as specific targets for prevention of
groundwater contamination.
In addition, at Section 14.4(a),
(b),
and
(d), the IGPA further specifies that the Agency propose and
the Board adopt regulations directed at the targeted activities.
It has nevertheless been posited that regulations already in
place are sufficient, without any needed additions,
to protect
groundwater from agrichemical facilities
(e.g., PC #15 at 2).
Principal among these is
B
Ill. Adm. Code 255
(“Part 255”),
a
body of regulations promulgated by ~theIllinois Department of
Agriculture
(“IDOA”).
Part 255 was developed as part of the
State’s groundwater protection strategy.
The subjects and issues
involved in Part 255 are summarized at 13 Ill. Reg.
2571-2,
March
3,
1989:
These rules were developed by the Illinois Department
of Agriculture and the Illinois Environmental
Protection Agency with valuable, input from the
Secondary Containment Rules
Coinmit.tee,
which was made
up of industry and academia.
The purpose of these rules
is to protect the
environment by prevention of point source contamination
by agrichemicals and these rules will be referenced by
the Illinois Environmental Protection Agency in their
setback rules which are to be filed with the Pollution
Control Board as mandated by the Illinois Groundwater
Protection Act.
These rules regulate agriculture facilities and non-
commercial agrichemical facilities.
An agrichemical
facility is a site used for commercial purposes, where
bulk pesticides are stored in a single container in
—16—
excess of 300 gallons of liquid pesticide or 300 pounds
of dry pesticide for.7more than 30 days per year or
where more than 300 gallons of liquid pesticide or 300
pounds of dry pesticide are being mixed,
repackaged or
transferred from one container to another within a
30-
day period or a site where bulk fertilizers are stored,
mixed, repackaged or transferred from one container or
another.
Non—commercial agrichemical facility is a
site where storing pesticides or fertilizer for more
than 45 consecutive days in a single container holding
in excess of 300 gallons bulk liquid pesticides,or 300
pounds bulk dry pesticides,
or 5000 gallons bulk liquid
commercial fertilizer or 50,000 pounds bulk dry
commercial fertilizer;
or the loading and mixing,
including bulk repackaging,
of pesticides or fertilizer
at a permanent site for mor’è than a 45 day period in
quantities in excess of the amounts established; or the
non-commercial application of pesticides or fertilizer.
These rules set forth the procedures and time frame for
registration, permitting,
and construction.
They also
address general construction requirements for secondary
containment of storage tanks and operational areas, as
well as recordkeeping, management and operational
procedures.
They further delineate facility
inspection,
maintenance and closure requirements.
Additionally, these rules set forth guidelines for
connections to potable water supplies and the open
burning of agrichemicals, agrichemical containers,
and
other agri—related chemical wastes.
While the Board believes that the Part 255 regulations are a
necessary and valuable element in assuring environmental
protection12,
it is not convinced that they constitute a
sufficient program.
The Board believes, along with the Agency
(PC #23 at 37), that in addition to Part 255 there is need for
regulations for groundwater monitoring,
close and post—closure
care, re~ortingand recordkeeping, and remedial response
measures
~.
It is these elements that are specified in today’s
proposal.
12
The interrelated responsibilities of IDOA and the Agency-
Board
do continue to present some problems with crafting of the
instant
regulations.
Attention
is
particularly
called
to
the
discussion of Subparts
I and J in each of proposed Parts 615 and
616.
~
Consideration
of
each
of
these
elements
is
statutorily
required at Section 14.4(b)
of the Act.
—17—
Besides the issue of whether there should be any regulation
of agrichemical facilities at all,
a significant portion of the
testimony,
comment, and debate generated in this proceeding has
focused on the comparative authority to be given those data bases
in which pesticides and fertilizers have been identified in
groundwater.
Thus,
it is argued that data from the Agency, ‘~r
from the Illinois Department of Public Health, or from DENR,
or
from IDOA,
or even from Wisconsin or Minnesota or Iowa,
etc.,
best characterize the magnitude of the groundwater contamination
problem.
In general, the Board does not find any of these data
sets to provide it with singular guidance.
Rather, the Board
finds in them collectively ample demonstration of both the
existence and potential for serious contamination of groundwater
by pesticides and ferti1izer~~,and hence grounds for the
regulations today proposed.
Affected Wells and Lands
The number of affected wells is estimated to be more than
400,000
(R.
at 29).
Most of these are private wells serving an
owner—occupied single family dwelling.
Of the public wells, over
7,100 are non-community wells and approximately 3,649 are
community wells
(u.).
The community wells are approximately
evenly split between those to which the 200-foot and 400-foot
minimum setback zones apply (j~.).
Based on these figures, the Agency estimates that
approximately 1.2 million acres
(approximately 1/30 of the land
area of the State) are located within minimum setback areas
(R.
at 29),
largely associated with private wells.
The Agency further estimates that if all the areas
of the
State that can be assumed to qualify for regulated recharge area
status are in fact so designated,
that approximately one—half of
the State would be involved
(R.
at 317-8).
Prescribed Control Measures
Subsections 14.4(b)
and 14.4(d) prescribe the control
factors which the Board must consider in the instant proposal.
In their general outline, these subsections require the Board to
consider groundwater monitoring programs, recordkeeping and
reporting, remedial and response measures, technical standards
for pollution control, and requirements for closure and
discontinuance of operations.
The proposal closely tracks these
several factors.
Absence of Permits
A salient feature of the instant proposal
is that it is by
design implemented entirely without permits
(see PC #9 at ¶12).
This is in part because many of the activities covered by the
proposed regulations are specifically exempted from permit
—18—
requirements by Section 21(d)
of the Act.
Moreover,
since most
of the remaining activities covered by the instant proposal are
also conducted outside existing permit programs, requiring
permits to regulate these activities would by necessity require
the establishment of new permit programs.
However, the Agency
has intentionally not proposed any new permit programs in the
instant proceeding.
The Agency notes that Section 14.4
is silent
on the matter of permits, which
it views as purposeful.
Moreover, the large number and variety of affected setback zones
and activities,
the permitting of which would impose an
impractically large public and administrative burden.
This would
require shifting of substantial resources away from other
environmental programs, to their detriment.
The Defenders have contended that the Board does have
authority under the Act to implement the instant regulations via
a permit system
(PC #10 at 17-19).
Whether this contention is
correct or not, however,
is not the immediate issue.
The
immediate issue
is whether it is prudent to implement the instant
regulations via a permit system.
The Board agrees with the
Agency that, at least at this time,
it would be imprudent to
build a permitting process into the instant regulations.
As the Board observed at 1st First Notice,
in the absence of
a permitting system the Agency is not able to provide the degree
of oversight that it otherwise would.
This can introduce
problems not only for the environment, but also for the regulated
community, which cannot so readily avail itself of the Agency’s
expertise.
At 1st First Notice the Board introduced many
provisions intended to lessen these problems.
It continues to
ask, however, that intereste~persons advise it of additional
steps that might have merit1
Required Cessations and Closures
The instant proposal would prohibit the continued use or
operation of certain existing units within certain setback zones
and regulated recharge areas.
The prohibitions are:
1.
Within a minimum set-back zone: all on—site units
for landfilling or land treating or surface
impounding of special and non—special waste,
and
all units for the storage and handling or road
oils containing wastes; cessation to be effective
two years after promulgation of Part 615 and
closure to be completed three years after
promulgation.
(Proposed Sections 615.402,
615.422,
615.442,
and 615.702).
14
The
interested person
is directed to the discussion
of
Section 615.207, following,
for one such perspective.
—19—
2.
Within a maximum set—back zone: all on-site units
for landfilling or land treating or surface
impounding of special waste;
cessation to be
effective two years after the effective date of
the ordinance or regulation establishing the
maximum setback zone and closure to be completed
three years after the effective date of the
ordinance or regulation.
(Proposed Sections
615.403,
615.423, and 615.443).
3.
Within
a regulated recharge area: all on—site
units for landfilling of special waste where the
distance between the landfill and wellhead is less
than 2500 feet15
cessation to be effective four
years after promulgation of the regulated recharge
area and closure to be completed five years after
promulgation.
(Proposed Section 615.404).
All of these required cessations and closures are subject to
exception via the~adjustedstandard procedure of Section 28.1 of
the Act and the minimal hazard certification provisions of
Section 14.5 of the Act.
In regulated recharge areas, the
requirement also may be set aside as part of the regulation
adopting the regulated recharge area.
At 1st First Notice the Board summarized the argument behind
the required cessations and closures as follows:
The justification for each of these required cessation
and closures is similar.
In each case, the activity is
deemed to present a substantial threat to groundwater
quality and use.
Additionally,
in each case the
prohibition is against the activity for which there is
a similar statutory prohibition against ~
sitings
pursuant to Sections 14.2 and 14.3 of the Act.
The
intent, thus,
is to eventually assure safe setback of
all on-site landfilling,
land treating, and surface
impounding, irrespective of whether the’ activity is a
new or existing activity.
(Opinion at
p.
19)
IERG contends that, because the IGPA does not explicitly
require cessation and closure of existing on—site landfills,
land
treatment units,
and surface impoundments, there is no
justification for these closures to be required (PC #17 at 4).
In an opposite perspective, the Defenders contend that there also
should be required closure within minimum setback zones
of
existing agrichemical facilities
(PC #24 at 4—5), based on the
record of groundwaters contaminated by pesticides and
fertilizers.
For the purposes of today’s First Notice, the Board
~
Board
Note:
The
2500-foot
distance
is
statutorily
identified at Section 14.4(b)
of the Act.
—20—
proposes the required cessations and closures as recommended by
the Agency.
However,
interested persons are invited to continue
to address this matter during the First Notice comment period.
In particular, the Board is interested in the justification for
the specific closures and the basis for making the various
closures rules-of-general-applicability.
The Board notes that Part 616 at Section 616.104(e)
sets out
an exception procedure for new facilities that is not explicitly
included in Part 615 as an exception procedure for existing
facilities.
This is the exception procedure that flows from
Section 14.2(c)
of the Act and that allows the Board to exempt
certain new facilities from the prohibition against siting within
setback zones.
If this provision were fully paralleled in Part
615,
it would provide that certain existing facilities that would
otherwise be required to close could be exempted from closure
pursuant to Board findings on the factors listed in 14.2(c).
The
Board believes that equitable treatment of existing and new
facilities requires such exemption possibility.
However, the
Board also believes that the adjusted standard process already
serves this purpose, and hence that specific adaptation of
14.2(c)
into Part 615 would be unnecessarily duplicative.
Patterning After Existing Regulations
Wherever possible, the proposed regulations are modeled
after existing regulations applicable to activities of a similar
nature.
The purpose is -to provide consistency of regulations
between currently regulated facilities and facilities that would
be brought under regulation for the first time under the instant
proposal.
In general the model used is the Board regulations for
hazardous waste facilities found at 35
Ill. Adm.
Code 724, which
most closely parallel the intent of and types of facilities
covered by the instant regulations.
Refinement of the Terms “Activity” and “Activities”
A principal provision introduced by the Board at 1st First
Notice was replacement of the word “activity” or “activities” as
used in the Agency’s proposal with the terms “owner or operator”
and “unit”
(or, in certain instances,
“site”
or “facility”),
as
was necessary to accomplish the intended meaning.
This was done
for several reasons.
One reason is that the word “activity”
denotes an action
(e.g.,
landfilljjig, surface impoundj~g),which
in turn connotes the existence of both a person carrying out the
action
(e.g., an owner or operator)
and an object to which the
action is directed
(e.g.,
landfills,
surface impoundments).
Indeed, the regulations as proposed by the Agency, and herein,
impose requirements on both such persons and such objects.
However, use of the single word “activity” to refer to both
persons and objects leads to many awkward and often grammatically
inconsistent constructions.
These constructions are not only
—21—
best avoided,
but are likely also to be unacceptable to the
Administrative Code Division.
Additionally, the change was made to provide unity between
the instant regulations and other federal and Board regulations.
In all other similar regulations the opera~.vewords are “owner”,
“operator”,
“site”,
“facility”,
and “unit”
.
Accordingly, these
are terms that are generally well understood by both the
regulated community and the regulating agencies.
Moreover, they
have a proven record of utility.
To replace these by the less-
definite word “activity” seems at the expense of this common
understanding and utility, and to invite unnecessary present and
future confusion.
The Board is aware that Section 14.4 of the Act itself most
often uses the word “activity” to identify both who and what is
to be regulated within the instant rulemaking.
However, the
Board notes that the Act and the IGPA also use the terms “site”,
“facility”,
or “unit”
in identifying the specific objects to
which groundwater protec.tion is directed
(e.g.,
Sections 3.59 and
3.60, and thereby Sections 14.1,
14.2,
14.3,
and 14.5,
of the
Act).
The use proposed herein is therefore consistent with usage
in the Act.
Thus, while the term “activity” remains useful for
describing the general direction of the proposed regulations,
it
is usually not apt for constructions within the regulations
themselves.
Accordingly,
as used herein, the person responsible
for compliance is identified as the “owner or operator”.
Similarly,
the basic object subject, to regulation is the “unit”.
Thus,
for example, the prohibition against use or operation found
at Section 615.402
is directed toward the owner or operator of
a
landfill unit.
In its most recent public comment the Agency “urges the
Board to reinstate into the proposal the Agency’s definition of
‘activity’
.
.
.
and modify the text of the rules accordingly”
(PC #23 at ¶1).
This the Board declines to do.
The Agency
offers no new arguments that allow the ~oard to conclude that the
advantages of the “activity” construction are outweighed by its
considerable liabilities.
As well,
the few hypothetical
“unintended results” cited by IERG (PC #17 at 12) and the Agency
are not obviously remedied by use of “activity”,
and seemingly
can be avoided short of abandonment of the conventional
site/facility/unit usage;
IERG and the Agency are requested to
16
Definitions
of
“owner”,
“operator”,
“site”,
“facility”,
and “unit” are provided in Section 615.102 of the proposal.
These
definitions are identical to or modeled after the definitions found
at 35
Ill.
Adm. Code 745.102,
35 Ill. Adm.
Code 720.110,
Section
3.43 of the Act,
35 Iii. Adm. Code 720.110, and Section 3.62 of the
Act, respectively.
—22—
instruct the Board of any “unintended results” they view as
consequential, and the remedy thereto.
DISCUSSION OF PART 601
The intent of the amendment to 35
Ill. Adm. Code 601
is to
conform the definition of groundwater found there with the
definition found in the IGPA.
This intent was originally noted
by the Board in an earlier proceeding, R86-8, A Plan for
Protecting Illinois Groundwater (Report of the Board, August 28,
1986).
There the Board noted the inconsistency between the Part
601 definition and other definitions of the same term.
In
response the Board noted
(p.
1—4).:
The
.
.
.
definition
is not- only inconsistent with the
conventional definition of groundwater, but also
appears to be inconsistent with use and definitions
found elsewhere within Illinois statutes Ill.
Rev.
Stat.
ch.
111½,
¶1003
and the Board’s regulations
34
Ill. Adm. Code 301.420).
In particular,
the Section
601.105 definition appears to establish an identity
between “ground water” and “underground water”, whereas
conventional use considers groundwater to be a subset
of underground water
(R.
at 1531).
Since these
differences in definition appear to be the source of
some confusion, the Board will propose to amend these
definitions in the earliest possible regulatory
proceeding.
The amendment offered today is identical to that offered at
1st First Notice.
However, some definitions not present at 1st
First Notice but today found in Section 601.105 are included
because Section 601.105 has been since amended in a separate
Board proceeding, R84-l2.
The Board also notes that in several portions of the Board’s
Public Water Supply (Subtitle F)
rules and regulations the term
“ground water”
is spelled as two words.
In contrast, within the
Environmental Protection Act and most other state statutes,
as
well as elsewhere within the Board’s rules and regulations, the
spelling is
in the more commonly encountered form of
a single
word,
“groundwater”.
Given that both spellings occur in
technical literature,
and that it is commonly understood that
there
is no distinction between the two terms other than in the
spelling, the Board does not believe that changing the spelling
within Subtitle F is here justified.
—23—
DISCUSSION OF PART 615
Part 615 sets forth standards for “Existing Activities in a
Setback Zone or Regulated Recharge Area”, pursuant to the mandate
of Section 14.4(b)
of the Act.
Both here and in Part 616 various changes necessary to
conform the proposal to Administrative Code Division standards,
as specified in PC #11, have been made relative to the let First
Notice language.
None of these changes affect the substance of
the proposal, and accordingly will not be specifically discussed
herein.
The interested person is directed to PC #11 for a full
list of these changes.
Similarly,
the Agency in PC #23 makes many well-taken
suggestions for changes that are in the nature of technical
corrections.
For the most part these also are not specifically
discussed herein.
Among such changes are modifications made in
response to Agency recommendations found at ¶‘s,
13,
15,
16,
20,
27,
29,
36, and 46 of PC #23.
Part 615,
Subpart A:
General
Subpart A sets forth the general provisions applicable to
the entire Part.
Section 615.101 sets out the general purpose of the Part.
It is today proposed exactly as at 1st First Notice.
The Board notes that there is some particular import to the
language “located wholly or ~artia11ywithin
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 than 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 IGPA 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 a~elocated outside the setback
zone or regulated recharge area
~.
Thus the emphasis in the
17
The Agency also intends that the regulations apply only to
“that portion
lof
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.
—24—
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.
Section 615.102 contains definitions applicable to the Part.
The intent is to bring into the Part all those definitions that
are required for a reading of the. Part, and thus to allow the
Part to stand on its own as much as possible.
Many of the
definitions have been borrowed from other Board regulations,
particularly from 35 Ill. Adm. Code
720
and
724.
The definitions of “existing unit” and “new unit” have been
modified in accord with,
but not in identical form to, the
Agency’s recommendations
(PC #23 at ¶‘s
14 and 18).
The
principal feature is that a unit looses its status as an existing
facility if it undergoes a lateral expansion or major
reconstruction,
or reopens after having undergone closure.
The
reasoning is that if a unit is to be significantly reconstituted,
the reconstitution should include bringing the unit up to the
higher standards associated with units
in the “new unit”
category.
Two new definitions are added today as complements to
modification of the “existing/new unit” definitions.
These are
definitions for “major reconstruction” and “date of first
applicability”.
The former definition is based on comparable
provisions in the definitions of new potential primary source and
new potential secondary source found at Section 3.59 and Section
3.60 of the Act.
The later definition also finds use in
specifying when the time for delayed actions begins to toll in
constructions such as found at proposed Sections 615.462(c),
615.704(f),
and 615.723(a)
and
(b).
Also added today
is a definition for the term “detection”.
This term is used extensively in both Parts 615 and 616, and the
definition is necessary to support these usages.
The definition
is a derivative of the definition proposed by the Agency for Part
620.
The Agency also recommends addition of the definition of
“aquifer”
(PC #23 at ¶11); however, this term does not appear in
the regulations,
and hence its inclusion is unnecessary.
The definition of “landfill”
is today modified to conform it
generally to the definition found at 35 Ill.
Adm. Code 810.103.
An exception is that today’s definition does not include waste
piles within the definition of landfills
(see discussion,
Regulation of Landfills and Waste Piles, above).
Both the Agency and the Defenders recommend that the
definition of “compliance point” be modified by elimination of
—25—
the concept of the “uppermost aquifer” and its replacement by
reference to Class
I through III groundwaters
(PC #23 at ¶‘s
3
and
12; PC #24 at 9).
The concept of uppermost aquifer was
introduced by the Board at 1st First Notice.
There the Board
noted:
Among the substantive changes made is a prescription
that monitoring and compliance be undertaken and
demonstrated with respect to the “uppermost aquifer”.
In the Agency version no locus of monitoring or
compliance is identified, with the result that the
Agency proposal could be read to require monitoring of
aquifers isolated from possible contamination from the
affected facility.
The Board believes that such
reading would be unwarranted and inconsistent with
monitoring requirements imposed on other types of
facilities which could have similar effect on
groundwater.
Adoption of the concept of “uppermost
aquifer”
is accordingly made from
35
Ill. Adm. Code
720.
...
The Board calls attention to the fact that the
definition of “uppermost aquifer” does include any
“lower aquifers that are hydraulically interconnected
with the
aquifer nearest the ground surface) within
the facility boundary”
(see Section 615.102).
This
inclusion may allay concerns that contamination from an
affected facility could move downward below the
uppermost aquifer and thus not be detected
(e.g., R at
303—5; PC #10 at 14).
1st First Notice Opinion,
p. 23-4
The Board today does modify the “compliance point”
definition in accord with the recommendation of the Agency and
the Defenders, but asks that interested persons continue to
review this matter.
Additionally, the Board notes that today’s
definition references the “Class
I through Class III
groundwaters” of Part 620.
Part 620 has not yet been adopted;
moreover,
it also exists in two different First Notice forms
(see
discussion,
Water Quality Standards for Groundwater, Board Docket
R89-14, above).
Accordingly, today’s reference to these classes
of groundwater should be viewed as a holding action pending
action on the Part 620 rules.
At 1st First Notice the Board proposed a definition for
“groundwater standards” that identified both the water quality
standards found at 35 Ill.
Adm. Code Parts 302 and 303 and the
water quality standards anticipated to be adopted under Section
8
of the IGPA and prospectively found at 35 Ill. Adm. Code 620.
The standards found at Parts 302 and 303 currently apply to
groundwater; the standards to be found at Part 620 are eventually
to take over that role upon completion of the Board’s proceeding
in R89-14
(see previous discussion).
The purpose of citing both
—26—
sets of standards in the current proceeding was to assure the
proper standards were identified during any interim between the
adoption of today’s rules and those in R89—14.
Now, however,
it
appears most likely that the Part 620 rules of R89-l4 will
precede promulgation of today’s rules.
It is therefore no longer
necessary to cite to Parts 302 and 303 in the groundwater
standards definition,
and that provision is today deleted.
At 1st First Notice the Board proposed to define “surface
water” as “all water the surface of which is exposed to the
atmosphere”; this
is the definition found at 35 Ill.
Adm. Code
807.104.
The Agency suggests that this definition is too broad,
and notes that arguably it would cause a bucket of water to fall
under the definition
(PC #23 at ¶19).
The Agency’s suggested
remedy is to limit the definition only to atmospherically-exposed
water that is “subject to surface runoff within defined
boundaries of
a water course such as a stream,
river,
lake,
or
pond”.
The Board questions whether this remedy is in turn too
narrow.
For example, the Agency definition appears to exclude
non-channelized surface waters, such as occur
in sheetflow;
it
is
not apparent that such types of surface waters ought to be
excluded from constructions such as found at proposed Sections
615.462 (a) (2)
and 615.723(a) (2).
It also not apparent that the
Agency’s definition
is compatible with the “surface water run—
on” constructions found at proposed Sections 615.462(b) (2)
and
615.723(b)(1).
For the purpose of today’s 2nd First Notice the
definition proposed for “surface water” remains essentially that
proposed at 1st First Notice, except that the term “water”
is
changed to “waters” to make a nexus with the definition of
“waters” found both in the Act and in this proposed Part 615.
The definition of “practical quantitation limit or PQL”
is
the same today as at 1st First Notice
(there found at 616.103).
However,
the Board notes that this definition differs from the
definition of the same term most recently proposed by the Agency
for inclusion in Part 620.
The Agency is asked to advise the
Board of its perspective on these definitions.
Section 615.103 sets forth incorporations by reference.
The
format is that standardly used in the Board’s rule and
regulations.
Three of the incorporations by reference have been updated
relative to the 1st First Notice proposal.
Two
of these occur at
615.103(a) (2), where ASTM Standards D—93—79 and D—93—80 have been
replaced by the current D-93-85, and ASTM Standard D—3278-78 has
been replaced by the current D-3278-82.
The third occurs in
615.103(a) (3)
where the USEPA publication “Test Methods for
Evaluating Solid Wastes, Physical/Chemical Methods” has been
updated from the 2nd Edition to the 3rd Edition.
Section 615.105 sets forth the various general exceptions to
the applicability of Part 615.
The first of these exceptions
is
—27—
that the Part does not apply if an otherwise regulated facility
or unit possesses a minimum hazard certification pursuant to
Section 14.5 of the Act.
This provision is included in the
‘instant proposal based on the directive at Section 14.4(b)
of- the
Act that
“
.
.
.
the Board shall ensure that the promulgated
regulations are
.
.
.
not pre—emptive of the certification system
provided by Section 14.5~’of the Act.
Subsections 615.105(b)
and 615.105(c) note that exceptions
may flow as the result of an adjusted standards proceeding, site—
specific rulemaking,
or a regulated recharge area proceeding.
The subsections are intended only to alert interested persons to
the possibility that requirements alternate to t~~.osein Parts 615
and 616 might apply if such are authorized in any of these
alternate rule—making modes.
The Agency suggests that a literal reading of language found
at 1st First Notice Sections 615.105(b)
and
(c)
and 616.105(b)
and
(c) might provide that if a .person “obtains any ‘different
requirements’ under an adjusted standard or regulated recharge
area proceeding, none of the other”requirements contained in
Parts 615 or 616 would apply even if these other requirements
were not the subject of adjusted standard or regulated recharge
area proceedings”
(PC #23 at ¶21).
The Board believes this to be
an unfounded concern,
since in any of the three alternate
standards proceedings it is to be expected that any “relief”
authorized would be clearly delimited and granted only after a
full and careful consideration of all ramifications.
Subsections 615.105(d) and 615.105(e)
set forth exceptions
that flow from Sections 14.4(b) (A) ‘and
(B)
of the Act.
The
language used in the proposal
is the language of the Act, except
that negation is used in 615.105(e)
to conform the language to
the structure of Section 615.105.
Part 615. Subpart
B: Groundwater Monitoring
Subpart B establishes groundwater monitoring and associated
requirements, including a corrective action program.
The Subpart
is broadly modeled after
35
Ill. Adm.
C’ode 724.Subpart
F, which
establishes similar requirements for hazardous waste facilities.
Among the principal differences is that Subpart B is not
implemented via permit
(see preceding discussion), whereas the
provisions of
35 Ill.
Adm. Code 724.Subpart F are.
The Defenders again ask,
as they did prior to 1st First
Notice
(PC #10 at 16-19),
that,
in the absence of a permit,
various activities required of an owner or operator be undertaken
with the assistance or under the direction of a person with
credentials in hydrogeology
(PC #24 at 8).
As at 1st First
Notice, the Board today declines to do so.
The Board believes
that professional competence is essential in making groundwater
monitoring decisions.
However,
it is aware of no certification,
—28—
accreditation,
or other program that offers verification of the
competence required.
Section 615.201 identifies the facilities or units for which
groundwater monitoring is required.
These are on—site surface
impoundments, and facilities or units for the storage and
handling of pesticides,
fertilizers, road oils,
and de—icing
agents.
The groundwater monitoring requirement is specifically
~
required for underground storage tanks.
Additionally, the
otherwiáe affected facilities or units may be exempted pursuant
to an adjusted standard or regulated recharge area rule.
It is to be noted that waste piles are landfills pursuant to
Section 810.103,
and that existing on-site landfills are required
to monitoring groundwater pursuant to 35 Ill.
Adm. Code 814.
Thus,
groundwater monitoring is required for waste piles.
This
is different from the 1st First Notice Proposal, which
specifically excluded waste piles from the groundwater monitoring
requirement.
Section 615.201 is redundant to the extent that it repeats
applicability statements found in Subparts
D,
F,
I,
J,
K,
and L.
However,
it is believed that this repetition has value
in guiding
persons through the instant rules.
Section 615.202 prescribes that the required groundwater
monitoring period consists of the active life of the unit,
including its closure and post—closure care periods.
It further
specifies that the post-closure ca1e period is five years for all
units subject to the instant Part1
,
except for pesticide and
fertilizer facilities for which the post-closure care period
is
three years19.
Additionally, post-closure care is to be
continued beyond the three
or five until such time as any
required corrective action
is completed (see Section 615.211).
The Defenders have requested that the post—closure care
period for surface impoundments also be 15 years
(PC #10 at 22).
However,
the time periods involved in post—closure care as here
proposed are consistent with the required term of post—closure
care in other Board regulations and the Act.
The Board does not
believe that sufficient justification for an exceptional period
of care for the type of surface impoundments herein under
consideration has been presented so far in this record.
18 At 1st First Notice it was specified that the post-closure
care period for landfill units was 15 years or such longer period
as may be
set
by Board regulations.
Post—closure care is set in
Parts 811 through 815 at
5 to 30 years, depending upon the nature
of the material contained in the landfill.
19
This provision is new today,
based upon suggestion of the
Agency
(PC #23 at ¶37).
—29—
In the 1st First Notice Opinion the Board noted an intention
to include within Section 615.202 a provision that the active
life of a facility subject to Subpart B begin no earlier than one
year after the effective date of the Part.
The Board observed:
The intent is to allow all affected facilities a
maximum of one year within which to take the steps
necessary to comply with the requirements of the
Subpart.
This
is deemed necessary since requirements
such as siting and developing monitoring wells will
require lead time.
(Opinion,
p.
24—5)
The Agency correctly notes that this provision did not actually
appear in the 1st First Notice rule (PC #23 at ¶4);
it is
included today.
The Agency suggests that Section 615.202 might be better
placed within Subpart A rather than Subpart B
(PC #23 at ¶22).
The Agency observes that there are compliance periods for
requirements other than those contained in Subpart B.
While the
Agency
is clearly -correct in this observation, the Board does not
believe that its suggested remedy is workable.
Section 615.202
is essentially a definitional section wherein the term
“compliance period” is defined as it
is used within Subpart B20
the term is used nowhere else within Part 615.
The Board asks
the Agency or other interested persons to suggest ways in which
compliance timeframes for requirements outside Part B might be
further addressed.
Section 615.203 specifies that the owner or operator of any
unit subject to Subpart B must comply with groundwater standards
adopted by the Board.
Pursuant to the definition of groundwater
standards at 615.102 these standards are the groundwater-specific
standards mandated in the IGPA and found at proposed Part 620
(see preceding discussion).
Section 615.203
further specifies that compliance with the
groundwater standards is to be for the full compliance period and
that compliance is to be measured at the compliance point or
points.
The latter term is defined at 615.102, along with a
related definition for “unit boundary”.
The unit boundary is the
perimeter of the area at the surface of the land on, above or
below which an affected unit is located.
A compliance point is
any of those points within a Class
I through III groundwater
which exist directly beneath the unit boundary at a hydraulically
downgradient point of groundwater flow
(see discussion of Section
615.102,
above).
If the groundwater flow beneath a unit is in
20
Once
each
at
Sections
615.203(a),
615.207(a),
and
615.207(b), and three times at Section 615.211(e).
Similar usages
occur
in Part 616.
—30—
different directions at different depths or at different times,
there could be more than one compliance point and compliance
points could be other than vertically arrayed.
To the extent that “unit boundary” and “compliance point”
are intended to define monitoring requirements and the need for
corrective action, the definitions are designed under the
premises that contamination must be identified as close to its
source as
is practicable
(for example,
it is generally infeasible
to monitor directly beneath an affected unit)
and that
contamination must be contained and addressed, when it is found,
as close to its source as possible.
Section 615.204 prescribes groundwater monitoring system
requirements.
Its main provisions are directed to the
sufficiency of the monitoring network and well design and
construction.
A monitoring network is sufficient if it allows sampling of
the background groundwater quality and the quality of groundwater
passing the compliance point or points21.
Under certain
circumstances,
as specified in subsection
(b),
an owner or
operator may use a well other than a community water supply well
as the sole monitoring well.
This provision is allowed to
provide economy where circumstances warrant.
The standards for
well design and construction follow accepted practice
(R.
at 54;
Exh.
78, Attachment B).
Under the Agency’s version of the proposal, as here
presented, determination of the sufficiency of the number and
location of monitoring wells is to be made by the owner or
operator.
As regards this matter, the Board directs attention to
the foregoing discussion under “Absence of Permits”.
Section 615.205 prescribes protocols for groundwater
sampling.
The intent
is to have established a consistent
sampling protocol to assure that sample results may be compared
from event to event.
There are also specific requirements that
the groundwater surface elevation be determined for each sample
and that groundwater flow rate and direction be determined at
least annually.
The latter provisions are intended to assure
that movement of contaminants may be readily addressed.
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
21
In accordance with modifications made to the definition of
“compliance
point”
(see discussion
of
Section
615.102,
above),
reference
to “uppermost aquifer” has been deleted from proposed
subsections 615.204(a) and (c), as well as from Section 615.205(d).
—31—
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 op.~rators
(~.
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.
Section 615.206 prescribes the parameters which are to be
sampled.
For most facilities these parameters are those
contaminants which are present at the facility and for which the
Board has adopted a groundwater standard.
Sampling of special parameters are specified for two
activities:
storage and handling of pesticides and fertilizers.
Pesticide activities are required to sample for five specific
pesticides or five groups of chemically-similar pesticides which
are stored or handled at the facility, which are most likely to
enter the groundwater, and which are the most toxic.
A list of
five criteria, including volume stored or handled,
leachability,
toxicity, spillage history,
and existence of groundwater
standards,
is presented as guide to the owner or operator for
selection of the pesticides to be monitored.
An activity involving handling or storage of fertilizers
requires monitoring of five specific parameters:
pH, total
organic carbon,
nitrates as nitrogen, ammonia nitrogen,
and
specific conductance.
The Agency believes that these parameters
constitute
a sufficient list to determine whether spillage or
leakage of fertilizers has occurred, and hence are sufficient for
routine monitoring.
More extensive monitoring may be required if
corrective action must be undertaken pursuant to Sections 615.209
through 615.211.
Section 615.207 sets out required sampling frequencies.
For
all affected facilities sampling is required quarterly, except
for certain facilities for the storage and handling of pesticides
or fertilizer,
for which sampling is required semi-annually
(subsection b), and for facilities for the storage and handling
of road oils and de-icing agents,
for which sampling is required
annually (subsection
(c)).
The quarterly monitoring requirement
is premised upon the following observations:
—32—
Sampling at quarterly intervals helps assure that
seasonal variations in groundwater can be accounted for
when the sample results are reviewed.
Moreover,
quarterly monitoring strikes a reasonable balance that
results in a sampling frequency that helps assure that
a release will be detected at an early stage,
and yet
is not so frequent as to be overly burdensome to owners
and operators of units.
(PC #23 at ¶5)
The provision that allows certain facilities for the storage
and handling of pesticides or fertilizer to sample semi—annually
is new today.
Under the 1st First Notice proposal all affected
pesticide and fertilizer facilities would have been required to
sample quarterly.
Various objections to this provision have been
raised by the Illinois Fertilizer and Chemical Association
(“IFCA”) and IDOA.
IDOA also suggests that the 1st First Notice
quarterly requirements were overly onerous to facilities that
have containment struótures in place and that have shown that
groundwater impacts have not occurred (PC #22 at 12-13).
The Board does not believe that eliminating all monitoring
requirements for affected pesticide and fertilizer facilities is
acceptable as a rule-of—general-applicability.
Neither does the
Board believe that it would be acceptable to require monitoring
only after off—site occurrences of contamination have been
recognized22.
Either circumstance
is viewed as not compatible
with the mandate of the IGPA to reduce risk to the State’s
groundwaters.
Today’s attempted resolution is to halve the quarterly
monitoring requirement for those facilities deemed to present
lesser risks.
The qualifications for this lesser requirement
follow the general recommendation of the Agency
(PC #23 at ¶37).
However, because of the newness of this provision, the Board
particularly requests the comment of interested persons.
Section 615.208 specifies that the results of monitoring
must be reported to the Agency on a regular basis.
Section 615.209 sets out procedures to be followed when
monitoring shows that a groundwater standard has been exceeded.
The Agency must be notified of such exceedences.
Additionally,
the owner or operator must accelerate the sampling frequency and,
in some cases, expand the list of sampled parameters.
For most
22 IDOA suggests, among other matters, that certain facilities
that have containment and that have no prior history of causing
groundwater contamination should be “relieved of the requirement
for
groundwater
monitoring
until
such
time
as
a
detection
of
another
off-site
sampling entity would
trigger the
facility to
sample the on-site well”
(PC #22 at 13).
—33—
facilities it is required that the groundwater be resampled
within three days.
For pesticide facilities
it is also required
that the resampling address each pesticide. previously and
presently handled at the facility.
Section 615.209 further requires that an owner or operator
start
a corrective action program if the accelerated sampling
confirms that groundwater standards are exceeded.
The
requirement is waived
if the owner or operator can demonstrate
pursuant. to Section 615.210 that a source other than the
regulated activity is the cause of the exceedence or that the
monitoring results were spurious due to error in sampling,
analysis, or evaltation.
It is to be noted that there is
a difference between the
triggering mechanism for corrective action here and that found at
35 Ill. Adm. Code 724.Subpart
F.
There corrective action is
necessary if an increase above the background concentration is
detected in any monitoring well,’ even if the increase does’ not
violate a groundwater st,andard.
However, under Section 615.209
corrective action is necessary onl~if a groundwater standard is
exceeded at any monitoring well.
Section 615.210 sets out the requirements for making an
alternate non-compliance response.
The principle is that if the
standard is caused to be exceeded by other than activities at the
affected facility, the owner or operator need not assume
responsibility for corrective action.
Similarly,
if the
exceedence of the standard is only apparent due to error in
sampling, analysis, or evaluation, ~theowner or operator need not
undertake corrective action.
A significant provision in the instant proposal is the
specification that the facility which
is being monitored is
presumed to be responsible for the standard being exceeded,
and
that it is the responsibility of the owner or operator who elects
this alternate non-compliance response to overcome this
presumption.
This provision was introduced at 1st First Notice
on the well-taken suggestion of the Defenders that the affected
owner or operator should bear the burden of proving that the
contamination originated from some other source or was due to
error in the sampling required of the owner or operator
(PC #10
at 16).
Section 615.211 prescribes the corrective action program
that must be undertaken by an owner or operator when a
groundwater standard is found to be exceeded.
The result of the
corrective action program is compliance with the standards.
Accordingly,
the corrective action program must be continued
until
it
is demonstrated that the standards are no longer
exceeded.
—34—
Part 615.
Subpart
C:
General Closure and Post—Closure
Requirements
Subpart C establishes general closure and post—closure
requirements applicable to existing land treatment units, on-
site surface impoundments, and facilities for the storage and
related handling of pesticides and fertilizers.
Additional
closure requirements specific to these individual
facilities or
units are contained in following Subparts which pertain to the
individual types of facilities or units.
It is to be noted that
some facilities or units otherwise affected by this Part,
including underground storage tanks and storage and handling of
road oils and de—icing salts, are
j~
subject to the requirements
of Subpart C.
At 1st First Notice on-site landfills were specifically
included in the applicability statement of Section 615.301, and
waste piles were specifically excluded.
Existing on-site
landfills are now subject to the landfill closure requirements of
35
Ill. Adm. Code 811, and hence the closure requirements of
Subpart C are today not applied to them.
Waste piles are also
subject to the closure requirements of Part 811 through the
operation of 35
Ill. Adm. Code 810.103.
In general, the proposed closure and post—closure
requirements are modeled after similar requirements applicable to
hazardous waste facilities as found at 35
Ill.
AdTn. Code 724.
The Agency believes, and the Board concurs, that it
is not
appropriate to establish closure/post—closure procedures for
facilities subject to the instant rules that are different from
the requirements placed on facilities that are subject to the
permitting requirements of Part 724.
Section 615.301 lists the types of facilities or units to
which the provisions of Subpart C apply.
Today this list
includes land treatment units,
a provision not included at 1st
First Notice.
The Agency correctly points out that since land
treatment units ~
have closure requirements
(see Section
615.425),
land treatment units should be listed at Section
625.301
(PC #23 at ¶32).
Section 615.302 establishes the closure performance
standard.
The standard is patterned after and similar to the
closure standard of
35
Ill. Adm. Code 724.211 for hazardous waste
facilities.
The Agency persuasively points out that closure should be
carried out in a way that “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”
~
parts
of the environment
(PC #23 at ¶33);
at 1st First Notice only
escapes to “the ground” were specified.
Accordingly,
in today’s
—35—
proposal escapes to “soils, groundwaters, surface waters, and the
atmosphere” are specified.
Section 615.303 requires that a certificate of closure must
be signed by a registered professional engineer, as defined at
615.102.
This certification is intended to help assure that an
affected unit is closed in accordance with Board standards.
Section 615.203
is patterned after and similar to the certificate
of closure provision of 35 Ill.
Adm. Code 724.215 for hazardous
waste facilities.
Today’s proposal retains the Agency’s
recommendation that the registered professional engineer not be
an in—house engineer
(i.e., that the engineer be “independent”).
The requirement that a registered professioi~alengineer who
performs tasks such as closure certification be “indepen~1ent”is
a normal requirement in both USEPA and Board regulations ~
Section 615.304 requires that a survey plat must be filed
with the appropriate local zoning authority for units that
dispose of waste or facilities for the storage and handling of
pesticides or fertilizers.
This requirement is patterned after
and similar to the survey plat requirement of 35 Ill. Adm. Code
724.216 for hazardous waste facilities.
Section 615.305 requires owners and operators of affected
waste disposal units to file with the Agency,
County Recorder,
and local zoning authority within 60 days after the closure of a
unit a record of the type,
location, and quantity of waste
disposed at the unit.
This regulation is patterned after and
similar to the post-closure notice requirement of 35 Ill.
Adni.
Code 724.619(a)
for hazardous waste facilities.
Section 615.306 provides that a certificate of completion of
post-closure case,
signed by an independent
(see discussion of
Section 615.303) registered engineer, must be filed with the
Agency.
This regulation
is patterned after and similar to the
post-closure certification requirement of 35 Ill. Adm. Code
724.220 for hazardous waste facilities.
Part 615, Subpart D:
Landfills
Subpart D requires the closure of certain landfill units.
For the Subpart to apply,
several tests must be met,
as specified
at Section 615.401.
These are:
1)
The unit is an existing unit pursuant to the definition
of “existing” at 615.102.
23
E.g.,
35
Ill.
Adm.
Code
724.215,
724.220,
724.243(i).
724.245(i) 724.247(e), 724.292(a). 724.292(b), 724.293(i). 725.215,
725.220,
725.243(h),
725.245(h),
725.247(e),
725.291(a),
725.292(a),
725.292(b).
725.292(a),
725.293(1),
725.296(f),
and
811.502.
—36—
2)
The unit is located wholly or partially within either a
setback zone of a potable water supply well, or within a
regulated recharge area.
3)
The waste contained within the unit is generated on-
site, pursuant to the definition of “on—site” at
615. 102.
4)
The unit contains waste other than hazardous waste,
livestock waste,
landscape waste, or construction and
demolition debris.
5)
The unit is not exempt from Part 615 pursuant to any of
the exemptions identified at 615.105.
These tests are for the most part based upon the prescriptions of
Section 14.4(a)
of the Act, which sets out the scope of
activities intended to be regulated under the instant rulemaking.
See the preceding under the heading “Required Cessations and
Closures” for a general discussion of this provision.
At 1st First Notice various operating requirements were also
specified for existing landfill units at then Section 615.405
through 615.407.
These are today deleted in recognition of the
presence at 35
Ill.
Adni.
Code 810 through 815 of already existing
appropriate regulations
(see discussion, Regulation of Landfills
and Waste Piles,
above).
Part 615, Subpart
E: Land Treatment Units
Subpart D establishes special requirements for affected land
treatment units.
For a land treatment unit to be subject to the
Subpart,
it must meet the same tests that a landfill needs to
meet to be subject to Subpart D
(see above).
The principal provision of Subpart E
is the required closure
of certain land treatment units,
as specified in Sections 615.422
and 615.423.
The closure requirements are identical with those
contained in Subpart D pertaining to landfills, except that land
treatment units located in a regulated recharge area are not
required to close.
See the preceding under the heading “Required
Cessations and Closures” for a general discussion of this
provision.
The Agency observes that a provision pertaining to land
treatment of sludges from wastewater treatment plants and potable
water treatment plants recommended by the Agency and found at
616.Subpart
E
was not included at 1st First-Notice
in the
parallel 615.Subpart E.
The Agency then postulates,
correctly,
that this was an inadvertent exclusion (PC #23 at ¶35).
The
provision reads:
—37—
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 water to produce
potable water,
if such activities are conducted in
accordance with the Act and 35 Ill.
Adni.
Code:
Subtitle
C.
Today this provision is added back into 615.Subpart
E.
For
organizational reasons,
it is added as new, separate Section
615.424.
This addition necessitates renumbering 1st First Notice
Section 615.424 to 615.425.
The only other provision of Subpart E is that closure of
affected land treatment units is subject to two of the general
closure requirements found in Subpart C: Section 615.302, the
general Closure Performance Standard requirement,
and Section
615.303, the general Certification of Closure requirement.
At
1st First Notice affected land treatment units were required to
meet all the requirements of Subpart C, .not just Sections 615.302
and 615.303.
However, the Agency correctly observes that the
remaining general closure requirements of Subpart C are
inappropriate for existing land treatment units
(PC #23 at ¶32).
Part 615,
Subpart F:
Surface Impoundments
Subpart F establishes special requirements for affected
surface impoundment units.
For a surface impoundment unit to be
subject to the Subpart,
it must meet the same tests that a
landfill needs to meet to be subject to Subpart 0
(see above).
A principal provision of Subpart F is the required closure
of certain surface impoundment units.
See the preceding under
the heading “Required Cessations and Closures” for a general
discussion of this provision.
Section 615.444 prescribes that the owner or operator of any
surface impoundment unit subject to Subpart F shall comply with
the groundwater monitoring requirements and program of Subpart B.
Section 615.445 requires that operating surface impoundments
be inspected weekly and after storms for the purpose of detecting
any malfunctions of the impoundment that could lead to releases
to groundwater.
Section 615.446 establishes several additional operating
requirements applicable to affected surface impoundment units.
These include a prohibition against placing incompatible
materials in a surface impoundment unit, patterned after 35
Ill.
Adm. Code 724.413, and requirements to be met if the surface
impoundment is discovered to leak, patterned after 35
Ill. Adm.
Code 724.327.
—38—
Section 615.447 establishes standards for closure and post-
closure care of affected surface impoundment units.
Three
pathways are specified, depending upon whether the closure is by
complete removal, partial removal, or no removal.
The Section is
patterned after and similar to 35 Ill.
Adni. Code 724.328.
It is
to be noted that the same modifications relative to 1st First
Notice made to Section 615.407 are made here (see discussion and
rationale above).
Part 615, Subpart G:
Waste Piles
Subpart G establishes special requirements for affected
waste piles.
For a waste pile to be subject to the Subpart,
it
must meet the same tests that a landfill needs to meet to be
subject to Subpart D
(see above).
The principal provisions of Subpart G consist of design,
operation,
and closure standards.
These provisions are today
proposed in the same form as at 1st First Notice.
However, the
Baord notes that the adoption of 35 Ill. Adm. Code 810 though
815,
in combination with the inclusion of waste piles within the
definition of landfills found at 35
Ill.
Adm. Code 810.103, means
that the 810 through 815 requirements now apply to waste piles.
The Board asks interested persons to address the question of
whether there remains any need for further regulation of waste
piles via today’s proposal.
Section 615.462 establishes design and operating
requirements.
The goal of these requirements is to minimize the
possibility of escape of leachate,
runoff, and wind-blown debris
from the waste piles.
The principal provision is a requirement
that an affected waste pile be covered to protect it from
precipitation.
Other provisions include a prohibition against
placing free liquids in
a waste pile, required protection against
surface water run-on, required protection against wind dispersal,
and required control
of infiltration.
Owners or operators of
regulated waste piles are given six months from the date of first
applicability of today’s rules to comply with these design and
operating requirements.
Section 615.463 establishes that the sole method of
allowable closure of a regulated waste pile is closure by removal
and disposal of the waste and of any containment system
components that may have been used.
Part 615, Subpart H: Underground Storage Tanks
Subpart H establishes special requirements for existing
underground storage tanks that contain special waste.
Its
principal provision is that affected storage tanks that are
located within setback zones or regulated recharge areas must
comply with the requirements of
35
Ill. Adm. Code 731 even if any
of the exemptions of
35 Ill.
Adm. Code 731.101(b) would otherwise
—39—
apply.
35 Ill.
Adm. Code 731 is identical in substance to 40 CFR
280.
Part 615, Subpart
I:
Pesticide Storage and Handling Units
Subpart
I establishes special requirements for facilities
and units for the storage and handling of pesticides.
For the
Subpart to apply,
several tests must be met.
These are:
1)
The facility or unit is an existing facility or unit
pursuant to the definition of “existing” at 615.102.
2)
The facility or unit is located wholly or partially
within either a setback zone of a potable water well or
within a regulated recharge area.
3)
The facility or unit:
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 units which are warehouses or
bulk terminals.
Subpart
I
is similar to Subpart G in that it does not
require closure of affected facilities or units,
but rather
specifies design and operating requirements that must be met by
the owner or operator.
The principal provision of Subpart I is the specification of
certain design and operating requirements particular to the
facilities regulated under the instant Part.
These include
compliance with the groundwater monitoring and closure/post—
closure requirements of Parts B and C, maintenance of written
inventory records, weekly inspections for leaks and deterioration
of structures,
and a requirement that all containers of
pesticides be contained within a secondary containment structure.
A principal question regarding Subpart I has been how to
recognize IDOA’s regulations found at 8 Ill. Adm. Code 255
(see
discussion of Regulation of Pesticide and Fertilizer Facilities,
above).
The Agency initially proposed that the Board require
compliance with Part 255 as
a provision of Subpart I.
As the
Board noted at 1st First Notice, however,
it is not within the
Board’s authority to order compliance with IDOA regulations.
The Agency and the Defenders have more recently proposed
that the Board adopt the entirety of the Part 255 regulations
into the Board’s regulations
(PC #23 at ¶8; PC #24 at 10).
However, while this tactic may moot the question of the Board’s
ability to require compliance with IDOA’s regulations,
it does
—40—
not remove the authority question.
It is to be noted,
for
example, that Part 255 establishes an IDOA-managed permit system;
the Board has no apparent authority to promulgate this portion of
the Part 255 regulations.
In general, Part 255 would have to be
evaluated for appropriate content and submitted to the Board in
proper format pursuant to 35
Ill. Adm. Code 102.121 before the
Board could contemplate adoption of even portions of the Part 255
regulations.
For the purposes of today’s proposal, the Board believes
that the best strategy is simply to include a Board note
indicating that affected facilities or units might also have to
comply with the Part 255 rules.
This is accomplished by the
addition after Section 615.603 of the following:
(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).
Part 615, SubPart
3: Fertilizer Storage and Handling Units
Subpart 3 establishes special requirements for facilities
and units for the storage and handling of fertilizers.
Subpart 3
is essentially identical to Subpart I,
except for its application
to fertilizers facilities and units rather than to pesticide
facilities and units.
Part 615, Subpart K: Road Oil Storage and Handling Units
Subpart K establishes special requirements for facilities
and units for the storage and handling of road oils.
For the
Subpart to apply,
three tests must be met.
These are:
1)
The facility or unit is an existing facility or unit
pursuant to the definition of “existing”
at 615.102.
2)
The facility or unit is located wholly or partially
within either a setback zone of a potable water well or
within a regulated recharge area.
3)
The facility or unit stores or accumulates more than
25,000 gallons of road oils at any one time.
Section 615.702 prescribes the required closure by date
certain of those regulated road oil units that are located in a
minimum setback zone and where the road oils contain waste.
Closure is required to be completed within two years after the
date of first applicability.
Closure is not intended to be
required
if the unit ceases storing or handling road oils prior
to this time
(see PC #9 at ¶34).
The required closure of road oils units that store or handle
only oils that contain wastes
is today retained as initially
—41—
proposed by the Agency and as proposed for 1st First Notice by
the Board.
Nevertheless, the Board i~uncomfortable with this
matter.
The assumption would appear to be that road oils that
contain wastes somehow present an inherently greater risk to
groundwaters than do virgin oils.
However, the Board fails to
see why this should be so.
Moreover,
it is to be noted that the
Act,
in requiring that road oil be regulated, makes no
distinction between road oils with wastes or road oils without
wastes.
The Board requests that the Agency and other interested
persons provide their prospective on this matter during First
Notice.
The Board also notes a similar concern regarding Section
616.702
(see following discussion)
Section 615.703 prescribes that the owner or operator of any
unit subject to this Subpart shall comply with the groundwater
monitoring requirements and program of Subpart B.
Section 615.704 sets out various design and operating
requirements applicable to above—ground storage tanks.
For the
purposes of Part 615,
an above—ground storage tank is defined at
Section 615.102 as a storage tank that is not an underground
storage tank.
Design and operating requirements include providing and
maintaining primary and secondary containment, as well as various
prohibitions against operating practices.
The design and
operating requirements are patterned after and similar to 35
Ill.
Adm.
Code: Subpart 3
(PC #9 at ¶36).
These design and operating
requirements are specified in subsection
(f)
as becoming
applicable two years after date of first applicability the
instant rules.
Section 615.705 establishes the closure requirements
applicable to above-ground storage tanks.
Part 615, Subpart
L: De—Icing Agent Storage and Handling Units
Subpart L establishes special requirements for affected de-
icing agent facilities or units.
The Subpart is applicable to
all units located wholly or partially within a setback zone.
The
Subpart does not apply to affected units that are located in a
regulated recharge area,
unless the unit is also located within a
setback zone.
For Subpart L to be applicable,
the unit also must store or
accumulate more than 50,000 pounds of de—icing agent at any one
time.
In the Agency’s original proposal,
as well as Section
14.4(a) (5)
of the Act, reference is made to the applicability of
the Subpart to de-icing agent units located at a “central
location”.
In response to a query of the definition of “central
location”
(R.
at 408),
the Agency has responded that it intended
the term to be defined as a unit which stores or accumulates more
than 50,000 pounds of de—icing agent at any one time
(PC #
3 at
—42—
¶32).
Since this definition ‘is unique to this Subpart, the Board
simply uses the wording of the definition and excludes the phrase
“central location”.
Subpart L is similar to Subparts
G,
I, and 3 in that it does
not require closure of the affected facilities,
but rather
specifies design and operating requirements that must be met by
the owner or operator.
These include the groundwater monitoring
requirements and program of Subpart B.
Also included are design
and operating requirements for indoor and outdoor units.
DISCUSSION OF PART 616
Part 616 sets forth “Standards for New Activities Within a
Setback Zone or Regulated Recharge Area” pursuant to the Section
14.4(d)
of the Act.
Many provisions of Part 616 are identical to
provisions of Part 615, and in general, discussion of these will
not be repeated here.
Nevertheless, there are some several significant differences
between the two Parts,
including:
1.
Part 616 has no required closure provisions,
since
facilities of the type that have required closure if
governed by Part 615 are statutorily prohibited if
governed under Part 616.
2.
Each new facility or unit subject to the groundwater
monitoring requirements of Part 616
is required to
establish background concentrations for contaminants
likely to be present at or released from the facility
or unit.
These background concentrations constitute
both triggers and benchmarks for preventive action.
3.
Where corrective action must be undertaken, new
facilities are required to clean up groundwater to a
level consistent with background concentrations,
rather
than to the level of the groundwater standards.
As with Part 615, today’s proposed Part 616 contains
nonsubstantive modifications of the 1st First Notice proposal
based upon comments of the Code Division
(PC #11)
and the Agency
(PC #23)
Part 616, Subpart A: General
Sections 616.101,
616.102, and 616.105 present similar or
identical introductory provisions to those found
in Part 615.
For purposes of economy, the definitions of Section 615.102 are
incorporated into Part 616 rather than repeated, except for
several definitions that are particular to Part 616.
—43—
The Incorporations by Reference Section at found at 1st
First Notice Section 616.103 has been deleted.
In addition, all
references to incorporated material in Part 616 have been
referenced to the parallel Section at 615.103.
These changes tire
purely organizational.
Their effect is to place all
incorporated-by-reference material cited in Parts 615 and 616
into a single ~ection, thereby allowing for more ready amendment
at future times.
Section 616.104 sets out the two methods by which exceptions
to the prohibitions against sitings of new facilities may be
achieved.
Both exception procedures are prescribed in the Act,
and hence are statutory provisions.
Th.~first method, specified
at 616.104(a),
is the waiver provision for setback zones of
potable water supply wells other than co~miunitywater supply
wells found at Section 14.2(b) of the Act.
The second method,
specified at 616.104(d),
is the provision for the Board’s
granting of an exception for setback zones for community water
supply wells found at Section 14.2(c)
of the Act.
Part 616, Subpart B: Groundwater Monitoring Requirements
Subpart B sets out the groundwater monitoring and corrective
action requirements applicable to certain new regulated
facilities or units.
The affected facilities or units are all
the facilities or units subject to Part 616 except for
underground storage tanks.
In most of its provisions,
Subpart B is modeled after 35
Ill.
Adm. Code 724.Subpart
F.
It thus also closely parallels
6l5.Subpart B.
The principal differences between Parts 615 and
616 concern the preventive response procedures found in Part 616.
These are discussed below.
Sections 616.201 though 616.206 are proposed today without
substantial modification relative to the 1st First Notice
proposal.
In contrast, Section 616.207 through 616.211 are
significantly different in conformity with recommendations of the
Agency
(PC #23 at
¶5
9,
10,
27,
37,
41—43 and Exhibit 7).
Because these Sections are new today, the Board particularly
requests comment on them.
Section 616.207 sets out requirements for establishing
background concentrations and maximum allowable results.
The
procedure consists of the owner or operator collecting a series
of samples intended to represent the background groundwater
quality.
The sampling must start at or before the beginning of
operation of the facility24, and the parameters that must be
24 At 1st First Notice it was proposed that the sampling begin
“no later than six months after the beginnng of operation of the
facility”.
However,
as
the Agency points
out,
a
new
facility
—44—
sampled are those that are most likely to be represented in any
contamination deriving from the facility.
Based upon these
results the owner or operator calculates summary statistics (mean
and standard deviation)
and the Maximum Allowable Result
(‘~~KJJ~lI)25,
for each parameter.
A MAR is the upper limit of the
95
confidence interval s~ about the sample mean of the
background concentrations
Section 616.208 sets out the sampling procedures that are to
be followed after completion of the background sampling phase.
Except where a non—compliance response is required, these
constitute the normal, continuing sampling requirements.
The significant modification offered today is reduction of
the requirement for monitoring from quarterly to semi-annually
for certain pesticide or fertilizers storage and handling; the
modification parallels that at 615.207
(see discussion of Section
615.207, above).
The Board particularly requests comment on this
modification.
Section 616.209
is a new Section today.
In
it is spelled
out a preventive notification and response procedure,
as most
recently recommended by the Agency
(PC #23 at ¶9-10 and at
Exhibit
6).
The procedure closely parallels that currently under
consideration in Docket B of R89-14
(see discussion above)
at
proposed 35
Ill. Adm. Code 620.Subpart
C.
Depending upon the nature of the contaminant, preventive
notification is triggered either by the exceedence of the MAR for
any contaminant of the detection of any of a series of special
“triggering” contaminants.
The contaminants for which detection
is the trigger are the contaminants required to be monitored
under Section 616.207(a)
or that are listed in any of three
should have installed an appropriate monitoring
system prior
to
commencing operations
(PC
#23,
¶41),
and there
is therefore
no
obvious reason why gathering of background levels need be delayed
for
any
period
after
startup
of
the
facility.
Today’s
draft
accordingly deletes the six-month provision.
25
In the Agency’s most recent recommendation (PC #23, Exhibit
7),
procedures
for
calculating
MARs
are
found
at
Section
616.209(a).
In today’s proposal
they are placed within Section
616.207 and only the application of the MARs remains at 616.209(a).
This
organization
is
consistent
with the
structure
of
the
two
Sections.
26 At 1st First Notice
is was further specified that in
no
case could the
MAR
exceed the groundwater quality standard.
This
provision
is
today
deleted
based
on the recommendation
of
the
Agency
(PC
#23,
¶10).
The
B,oard
requests
comment
on
the
advisability of this action.
—45—
provisions of proposed Part 620.
The latter are the list of
preventive respo~secontaminants found at proposed Section
620.310 (a) (3) (A) ~ (except due to natural causes), any
contaminant identified as a carcinogen at proposed Section
620.410(b)
8, and any additional contaminant that might be
identified as critical pursuant to propc.3ed Section 620.430
(except due to natural causes).
A given contaminant may appear
on more than one of these lists.
Section 616.210 prescribes the procedure which must be
followed where corrective action
is necessary.
Many provisions
of this Section are unchanged from 1st First Notice
~,
although
they are today spelled out in greater detail.
Among different
provisions is a reduction in the rate of required confirmation
sampling at Section 616.210(b) (1)
for pesticide facilities from
monthly to quarterly, based on the Agency’s recommendation (PC
#23
at
Exhibit 6).
Perhaps the most significant departure today is the
requirement that corrective action .,result in compliance with
groundwater standards (proposed subsection
(h) (3)) rather than
with the level of the
MARs.
This change conforms with the
recommendation of the Agency
(PC #23 at Exhibit
6 at 9), and the
Board today proposes it for purposes of First Notice discussion.
However, the Board has continuing reservations about allowing
cleanups to cease at the level of groundwater standards as a
general rule,
at least where
it not demonstated that a more
stringent level
(background or
MARs)
might be reasonably
achievable.
Comment on this matter is particularly requested.
Section 616.211 sets out an alternate non-compliance program
similar to that of Section 615.210.
27 Para—dichlorobenzene, ortho—dichlorobenzene, ethylbenzene,
styrene,
toluene,
xylenes,
arsenic,
cadmium,
chromium,
cyanide,
lead,
mercury,
aldicarb,
atrazine,
carbofuran,
endrin,
lindane
(gamma—hexachlor
cyclohexane),
2,4—D,
1,1—dichloroethylene,
cis-1,2-dichioroethylene, trans—i,2-dichloroethylene, methoxychior,
monochlorobenzene,
2,4, 5—TP
(Silvex),
1,1, i—trichloroethane,
and
benzene.
28
Alachlor,
benzene,
carbon
tetrachloride,
chiordane,
heptachlor,
heptachlor
epoxide,
1,2—dichloroethane,
1, 2-dichloropropane, pentachlorophenol, polychlorinated biphenyls,
tetrachloroethylene, toxaphene, trichloroethylene, vinyl chloride.
29 At
1st First Notice the corrective action provisions were
found at Section 616.211 rather than 616.210.
—46—
Part 616, Subpart
C: General Closure and Post—Closure
Requirements
616.Subpart C is identical to 6l5.Subpart
C.
Part 616, Subpart D: Landfills
Regulations for new landfill units under Part 616 consists
of stating at ~ction
616.402
the statutory prohibitions against
the siting of new landfills found at Section 14.2(a),
14.2(d) and
14.3(e)
of the Act.
Section 616.402 also contains a prohibition
not specified in the Act.
It is a prohibition, first proposed by
the Agency,
against new on—site landfilling of special wastes
within a regulated recharge area if the distance from the
wellhead of the community water supply well to the proposed
landfill is less than 2500 feet.
The Agency recommends that all of Section 616.402 be deleted
because it
is
“a restatement of the Act” and “The Act speaks for
itself”
(PC #23 at ¶44).
However, the Board believes that
including reference here to the provisions of the Act
is useful
for unity of the Part 9.6 regulations and is of value to persons
reading the regulations
~
Moreover, Section 616.402 does go
beyond the Act, and is therefore not a simple restatement.
At 1st First Notice various design and operating requirement
were found at proposed Sectins 616.403 though 616.408.
These are
today deleted in recognition of comparable regulations at 35 Ill.
Adm. Code 810 through 815
(see discussion, Regulation of
Landfills and Waste Piles, above).
Part 616, Subpart
E: Land Treatment Units
616.Subpart E is similar to 615.Subpart E except in the
provision of Section 616.424, which requires that new land
treatment units be designed and operated in accordance with 35
Ill.
Adm.
Code:
Subtitle C and 35
Ill. Adm.
Code:
Subtitle G.
Section 616.422 contains the Act’s statutory prohibition
against the siting of new land treatment units which qualify as
either
a new potential primary source or a new potential
secondary source (see discussion of Section 616.402,
above).
Part 616k Subpart
F:
Surface Impoundments
616.Subpart F is similar in its thrust to 615.Subpart
F.
However,
it does impose additional requirements on new surface
30 The
same may be said for
similar
inclusion
at proposed
Sections 616.422,
616.442,
616.462, 616.602, 616.622,
616.702, and
616.722.
—47—
impoundments that go beyond those applicable to existing surface
impoundments.
The principal among these
is the requirement that
new surface impoundments be constructed containing two liners
with a leachate collection system between such liners,
found at
Section 616.444.
Section 616.442 contains the Act’s statutory prohibition
against the siting of surface impoundments which qualify as
either a new potential primary source or a new potential
secondary source
(see discussion of Section 616.402,
above).
Part 616, Subpart
G:
Waste Piles
616.Subpart G, applicable to new waste piles,
is identical
to 615.Subpart G applicable to existing waste piles, except for
the inclusion in Section 616.462 of the statutory prohibition
against new waste piles which are also a new potential primary
source or new potential secondary source
(see discussion of
Section 616.402,
above).
The Board notes that the same issue it
requests comment on at 615.Subpart G also applies to 6l6.Subpart
G.
Part 616, Subpart H: Underground Storage Tanks
616.Subpart H applicable to new underground storage tanks is
identical to 615.Subpart H applicable to existing underground
storage tanks.
Part 616. Subpart
I: Pesticide Storage and Handling Units
616.Subpart
I
is identical to 615.Subpart
I,
except for the
inclusion at Section 616.602 of the statutory prohibition against
the siting of a new pesticide storage or handling facility which
is also either a new potential primary source or a new potential
secondary source
(see discussion of Section 616.402,
above).
Part 616, Subpart
3: Fertilizer Storage and Handling Units
616.Subpart 3 is identical to 6l5.Subpart 3, except for the
inclusion at Section 616.622 of the statutory prohibition against
the siting of a new fertilizer storage or handling facility that
is also either a new potential primary source or a new potential
secondary source
(see discussion of Section 616.402, above).
Part 616, Subpart K: Road Oil Stora~eand Handling Units
616.Subpart K is
identical to 615.Subpart K,
except that the
required closure provision of 616.702
is replaced by the
statutory prohibition against the siting of’ a new road oil
storage and handling unit that is also either a new potential
primary source or a new potential secondary source
(see
discussion of Section 616.402, above).
—48—
The Agency recommends that the prohibition against new road
oil units in maximum setback zones be associated only with oils
that contain wastes
(PC #23 at ¶47);
the Defenders recommend that
the prohibition in maximum setback zones be identical to that in
minimum setback zones
(PC #24 at 6).
As noted in the discussion of Section 615.702, above,
the
Board fails to see why a road oil that contains wastes is
inherently a greater threat to groundwater than is a virgin road
oil.
Moreover, the Act,
in establishing the road oil
prohibitions, does not distinguish between road oils with or
without wastes; the Board fails to see why, as general rule,
616.Subpart K should depart from the provisions of the Act in
this regard.
Part 616, Subpart
L: De-Icing Agent Storage and Handling Units
616.Subpart L is similar in thrust to 615.Subpart L.
Provisions which differ include the statutory prohibition against
the siting of a new de-icing agent storage or handling facility
that is also either a new potential primary source or a new
potential secondary source
(see discussion of Section 616.402,
above).
At 1st First Notice the Board, in accord with the Agency’s
recommendation, proposed an added prohibition against the siting
of any new outdoor storage or handling facility within a
regulated recharge area.
The Agency now recommends that this
provision be deleted, noting that a “new de—icing agent storage
facility designed and operated in accordance with standards set
forth in Part 616 does not appear to present such significant
risk to groundwater that it ought to be prohibited from locating
within a regulated recharge area”
(PC #23 at ¶48).
Today’s
proposal accepts the Agency’s revised recommendation.
It should
be noted that de-icing agent storage units could still be
disallowed in any given regulated recharge area if such
prohibition is provided for in the regulatory action that defines
the regulated recharge area.
DISCUSSION OFPART
617
Part 617 is intended to be used as the site for regulations
delineating regulated recharge areas.
Because no regulated
recharge areas have been promulgated as of this time,
the Part is
essentially empty.
Nevertheless,
it
is useful to establish the
Part now to reserve the Part for future use and to allow for
consistent reference to the body of regulated recharge area
regulations within Parts 615 and 616.
Among the items that Part
617 will eventually include are the boundaries and effective date
of any regulated recharge area,
plus any special requirements or
exceptions that apply within the regulated recharge area.
—49—
ECONOMIC IMPACT
EcIS Document
On March
5,
1991, DENR filed its “Economic Impact Study of
Regulations for Activities within Setback Zones and Regulated
Recharge Areas
(R89-5)”
~.
The EcIS was prepared by
Environmental Science
& Engineering,
Inc.
of Peoria,
Illinois.
This study evaluated the initial and annual compliance costs for
regulated facilities and also examined quantitative benefits
which arise from avoided corrective action costs and avoidei
health costs,
as well as qualitative benefits such as improved
land valur~s, improved aesthetic values, and better protection of
the environment.
Compliance Cost Analysis
Information available from Agency well—site surveys was used
to estimate the statewide impact of the proposed regulations on
existing activities located within minimum setback zones of
community water wellheads.
As a result of the economic analysis,
the proposed regulations are expected to affect 5 existing
landfills,
5 land treatment units,
59 surface impoundments,
43
waste piles,
54 underground storage tanks,
54 agrichemical
facilities,
5 road oil units, and 27 de—icing agent facilities
within minimum setback zones.
The investigators calculated the
present value of the cost of complying with the proposed
regulations for existing facilities to be $36,324,500.
Calculation of the number of affected existing facilities
within potential maximum setback zones required an estimation of
the number of maximum setback zones which might be established in
the future.
The investigators chose to base their analysis on
two rates,
10
and 50
adoption.
These adoption rates were
presumed to represent the range of communities which will
eventually be expected to impose a maximum setback zone around
their water wells.
The investigators acknowledged, however,
that,
“Ei)n reality, the actual number may be higher or lower.”
(Exh.
97 at E-4).
These calculations indicated that, with a 10
adoption rate,
an additional
2
landfills,
1 land treatment unit,
11 surface impoundments,
3 waste piles,
7 underground storage
tanks,
21 agrichemical facilities,
and 3 de—icing agent
facilities will be affected by the proposed Part 615.
The
compliance costs to these facilities was estimated to be
$8,441,800 and $43,261,400 at 10
and 50
maximum setback zone
adoption rates,
respectively.
A draft copy of the EcIS was entered at hearing ~
Exhibit
89.
A final report version, under the same title, has subsequently
been filed.
The final report version
is hereby entered into the
record as Exhibit 97.
—50—
A similar tack was taken to estimate the affected existing
facilities in potential regulated recharge areas.
The EcIS
investigators reported that “IEPA believes that regulated
recharge areas will probably go
‘hand—in-hand’ with maximum
setback zones”
(Exh.
97 at E—4) and thus,
used 10
and 50
adoption rates for determining the number of affected facilities.
Agency well-site surveys generally identify facilities within
1000 feet of the wellhead.
But because regulated recharge areas
may encompass an area up to 2500 feet from the wellhead, the
investigators made a linear extrapolation of the number of
facilities between 1000 and 2500 feet by multiplying the number
of facilities inside a 1000 foot setback by 2.5 and then
subtracting the number of facilities within the 1.000 foot zone.
Using these methods,
an additional
4 landfills,
2 land treatment
units,
26 surface impoundments,
11 waste piles,
19 underground
storage tanks,
40 agrichemical facilities,
1 road oil units and
8
de—icing facilities were “identified”, assuming
a 10
adoption
rate.
The costs of compliance are estimated to be $13,305,600
and $65,963,000 at 10
and 50
regulated recharge area adoption
rates, respectively.
Benefits Analysis
The affect of the proposed regulations,
and,
indeed, the intent
of the IGPA is to reduce the likelihood of spills and leaks that
cause groundwater contamination.
As the EcIS investigators note:
“Tracing groundwater
contamination to a source is
often difficult and expensive,
especially if
significant amounts of time have passed since the
contamination event occurred.
Contaminated groundwater
pumped from non—community and private wells can be
consumed for long periods of time without realizing the
danger, since typical laboratory analysis of potable
water seeks only to detect coliform bacteria and
possibly nitrates.
Without the proposed regulations,
the burden of the cost of remediating contaminated
groundwater falls upon private well owners,
communities, and the State of Illinois.”
(Exh.
97 at E-
6)
The principal benefits of the proposed regulations are,
according to the EcIS, the avoided occurrences of contamination,
the avoided costs of groundwater corrective action, the avoided
costs of securing uncontaminated drinking water,
and the avoided
costs of health care resulting from the ingestion of contaminated
water.
Additional benefits include improved land values,
improved aesthetic values, and better protection of the
environment.
The investigators also point out that, under other
regulations, some facility owners are responsible for the cost of
—51—
corrective action.
Under the proposed rules,
however,
financial
assurance is not required32.
If financial assurance were
included in these rules,
communities and individuals would have
the assurance that a facility could pay the cost of corrective
action in the event of contamination.
To dcvelop avoided costs, the EcIS used case history
accidents, recorded groundwater contamination, and “real world”
corrective action costs in a series of contamination event
scenarios.
The investigators estimated corrective action costs
for a contamination event detected at an unregulated facility
versus that of a facility subject to the proposed rules.
The
major differences in costs of remcdiation result from more
expedient detection of contamination.
Early response facilitates
identification of the source and often limits the extent and
magnitude of the contamination.
For each contamination scenario,
the investigators presented
several corrective action option’s and then chose the cost—
effective alternative,
m.uch as would happen in an actual
corrective action.
Thus, the avoided costs derived from these
contamination scenarios are representative of actual
(and
therefore,
average) corrective action decisions, rather than of
worst—case conditions.
To estimate the frequency of past groundwater contamination
events
a-nd the likelihood of future contamination events, the
analysis used agrichemical contamination of community water
supplies.
The analysis assumed that such contamination may occur
at other sites at a frequency similar to that estimated for
agrichemical facilities.
The estimation was based on the number
of community water wells that are presently contaminated by
agrichemicals following approximately 30 years of agrichemical
use.
Based on this methodology, the investigators estimated that
one agrichemical contamination event occurs within
a potential
setback zone in Illinois every 1.39 years.
The investigators determined that surface impoundments,
agrichemical facilities and landfills make up approximately 80
of the affected facilities.
Using these numbers, the expected
contamination rate,
and the avoided cost values for each
scenario, the total avoided cost benefit is expected to be
$1,285,000.
The 95
upper limit on this benefit value increases
the expected benefits to $4,097,900.
The 95
upper limit was
presented to provide an example of maximum quantifiable benefits.
Cost and Benefits Comparison
32
The Board notes
that financial assurance is now required
for landfills and waste piles,
throught the operation of
35
Ill.
Mm. Code 811 through 815.
This was not the case at the time the
EcIS was being prepared.
—52—
The investigators presented a cost and benefits comparison
for surface impoundments, agrichemical facilities,
and landfills
within minimum setback zones.
Fifty—nine surface impoundments
were estimated to be affected at a compliance cost of $338,900
per facility versus a avoided cost benefit of $10,200.
Fifty-
four agrichemical facilities would be required to pay $112,600
each for compliance with proposed Part 615 versus
$11,800
avoided
cost benefit per facility.
Five landfills were identified as
affected by $796,000 compliance cost per facility compared to
$8,400 avoided cost benefit.
Total compliance costs for these
118 facilities were estimated by the EcIS at $30,056,000 while
total avoided cost benefits were expected to be $1,285,000.
Even though the estimated costs outweigh the estimated
avoided cost benefit nearly 30 tb
1,
the EcIS states that this
discrepancy,
“must be weighed against the benefits which are not
quantifiable, such as improved aesthetic values, better
protection of the environment, improved land values, avoidance of
latent or unknown health impacts (occurring beyond the 20-year
scope of this study),
and other currently unknown benefits.”
(Exh.
97 E—11)
Comments on the EcIS
Some participants at the April
3,
1991 hearing and
subsequent public comments indicated that the EcIS underestimated
the benefits of the proposed rule.
(Ex.
94; PC #23 and #24)
IFCA
testified that the EcIS underestimated costs to agrichemical
facilities.
Points of controversy in the calculation of economic
costs include:
1)
The investigators’ use of the frequency of agrichemical
contamination instead of other types of contamination
to determine the likelihood of future contamination
events.
The Agency asserted in Exhibit 94 that the
EcIS methodology incorrectly estimates the number of
contamination events from agricultural chemical
facilities and also incorrectly estimates the number of
contamination events from other types of activities.
The Agency states that,
“it must be kept in mind that
agricultural chemical facilities differ functionally
from surface impoundments,
landfills,
and waste piles.
At agricultural chemical facilities, contaminants are
not generally place on or under the ground yet that is
precisely what occurs at surface impoundments,
landfills,
and waste piles.
For this reason,
it is
reasonable to expect that surface impoundments,
landfills,
and waste piles may have more contamination
incidents than agricultural chemical facilities.”
(Ex.
94 at 11—12.)
—53—
2)
The use of the Agency’s 267 well-site surveys as the
sole data set on which to base the number of affected
facilities and subsequent compliance costs.
Several
parties asked if the investigators had requested an
additional, confirming data from the IEPA or other
agencies.
The EcIS investigators indicated that they
used only the well—site surveys.
(For example,
see R2.
at 20—21).
3)
Several questions were asked about the applicability of
the rules to the facilities determined in the EcIS to
be affected.
The investigators defended their
inclusion of municipal water treatment and wastewFcer
lagoons as on-site facilities which contain special
waste
(defined as, among other things, pollution
control waste).
The Agency challenged this assumption.
(R2. at 27;
Ex.
94 at 3).
The Agency also questioned
the inclusion in the EcIS of
5 landfills as affected
facilities.
The Agency contends that these are,
“landfills that contain special waste or other waste
generated off-site..
.
.such landfills are not subject
to 35 Illinois Administrative Code 615.
Accordingly
the EcIS should not attribute any costs under 35
Illinois Administrative Code 615 to these landfills.”
(Ex.
94 at
3;
emphasis in original).
4)
IFCA testified that the costs of compliance with
8
Illinois Administrative Code 255 should be included in
the cost analysis of proposed 35 Illinois
Administrative Code 615
& 616.
(Ex. 96, PC #20).
Discussion
The Board recognizes the difficulty in applying an economic
analysis to a rule of general applicability, .and particularly one
which has many self—implementing provisions.
It does appear,
however, that in calculating quantifiable costs and benefits, the
EcIS investigators have used a limited data set and, perhaps,
some misplaced assumptions to make their calculations.
The EcIS
investigators stated that determination of the weight of non-
quantifiable benefits is a decision of the Board
(R2. at 86). It
is indeed inescapable that the benefits of these rules extend
beyond the quantifiable cost avoidances and significantly
contribute to the protection of nearly all Illinois groundwater
drinking water resources.
The Board continues to seek economic information regarding
today’s proposed rules.
At this time it cannot find these
proposed rules to be economically unreasonable.
The Board does
recognize that there may be individual cases where the economic
burden is abnormally heavy and reminds such parties of the
adjusted standard process before the Board (pursuant to Title VII
—54—
of the Act)
and,
in some cases, the certification of minimal
hazard through the Agency (pursuant to Section 14.5 of the Act).
ORDER
The Board hereby proposes for First Notice the following
additions and amendments to 35 Ill.
Adm. Code,
Subtitle F: Public
Water Supplies, Chapter I, Pollution Control Board, Parts 601,
615,
616, and 617.
The Clerk of the Board is directed to file
these proposed rules with the Secretary of State.
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.
1987,
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—l2 at 14
Ill.
Reg. 1379,
effective January
8,
1990;
amended 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.
1989 1987,
ch.
111 1/2,
pars.
1001 et seq.).
“Agency” means the Illinois Environmental Protection
Agency.
—55—
“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
supp.~.iedmay have become bacteriologically
contaminated.
“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.
1989
1987,
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 mcans all natural or artificially
introduced waters found below the ground 3urface,
including watcr from dug, drilled, bored or driven
wclls,
infiltration lines, and springs.
“GROUNDWATER”
MEANS UNDERGROUND WATER WHICH OCCURS WITHIN THE
SATURATED ZONE AND GEOLOGIC MATERIALS WHERE THE FLUID
PRESSURE IN THE PORE SPACE
IS EOUAL TO OR GREATER THAN
ATMOSPHERIC PRESSURE.
(Section 3.64 of the Act)
—56—
“Halogen” means one of the chemical elements chlorine,
bromine or iodine.
“Man-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
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 trihalomethanes
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 coliform 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
—57—
these regulations,
to the consumer, who is then
individually or specifically billed for water service,
or where any monet.ary 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
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
___________)
—58—
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
F:
PUBLIC
WATER
SUPPLIES
CHAPTER
I:
POLLUTION
CONTROL
BOARD
EXISTING
Section
615.101
615.102
615.103
615.104
615.105
PART
615
ACTIVITIES
IN
A
SETBACK
ZONE
OR
REGULATED
RECHARGE
AREA
Purpose
Definitions
SUBPART
A:
GENERAL
Incorporations by Reference
Prohibitions
General Exceptions
SUBPART
B: GROUNDWATER MONITORING REQUIREMENTS
Applicability
Compliance Period
Compliance with Groundwater Standards
Groundwater Monitoring System
Groundwater Monitoring Program
Contaminants to be Monitored
Sampling Frequency
Reporting
Non—Compliance Response Program
Alternate Non—Compliance Response Program
Corrective Action Program
SUBPART
C:
GENERAL
CLOSURE
AND
POST-CLOSURE
REQUIREMENTS
Section
615. 301
615.302
615.303
615.304
615.305
615.
3 06
615.307
Applicability
Closure Performance Standard
Certificate of Closure
Survey Plat
Post-Closure
Notice
for
Waste
Disposal
Units
Certification of Completion of Post-Closure Care
Post—Closure Care Period
SUBPART D:
LANDFILLS
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
Section
615.
201
615.
202
615.
203
615.204
615.205
615.206
615.207
615.208
615.209
615.210
615.
211
SUBPART E:
LAND
TREATMENT
UNITS
—59—
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
Design and Operating Requirements
615.463
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
3:
FERTILIZER
STORAGE
AND
HANDLING
UNITS
Section
615.621
Applicability
615.622
Groundwater Monitoring
615.623
Design and Operating Requirements
615.624
Closure
and
Post-Closure
Care
SUBPART
K:
ROAD
OIL
STORAGE
AND
HANDLING
UNITS
—60—
Section
615.701
615.
702
615.703
615.704
615.705
Applicability
Required Closure of Units Located Within Minimum
Setback Zones
Groundwater Monitoring
Design and Operating Requirements for Above—Ground
Storage Tanks
Closure
SUBPART
L:
DE-ICING
AGENT
STORAGE
AND
HANDLING
UNITS
Section
615.721
615.722
615.723
615.724
Applicability
Groundwater Monitoring
Design and Operating Requirements
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
____
effective
________________________
Ill.
Reg.
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.
“Act”
means
the
Environmental
Protection
Act
(Ill.
Rev
Stat.
1989,
ch.
111
1/2,
pars.
1001
et
seq.)
—61—
“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 is located
immediately beneath a unit boundary and within
a
groundwater designated at
35
Ill. Adm.
Code 620.Subpart
B
as
a
Class
I
through
III
groundwater,
at
a
hydraulically downgradient point of groundwater flow.
If groundwater flow directions vary temporally or
vertically,
there may he more than one compliance
point.
“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,
except that:
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
—62—
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.
Reg.
22100;
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 in 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,
pouring,
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)
“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:
—63—
Expands laterally beyond the unit boundary after
the date of first applicability; or
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 whic~hcauses 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 1iq~lidswhich 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 in 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.
Adin.
Code 620.
“HAZARDOUS WASTE”
MEANS
A WASTE,
OR COMBINATION OF
WASTES, WHICH BECAUSE OF
ITS
QUANTITY,
CONCENTRATION,
OR PHYSICAL, CHEMICAL, OR INFECTIOUS CHARACTERISTICS
MAY
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
—64—
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,
mists,
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
isnot
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
treatment”
means
the
application
of
waste
onto
or
incorporation
of
waste
into
the
soil
surface.
“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
~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.
“New
unit”
means
a
unit
that
is
not
an
existing
unit.
—65—
“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
or
storage.
“POTABLE”
MEANS
GENERALLY
FIT
FOR
HUMAN
CONSUMPTION
IN
ACCORDANCE
WITH
ACCEPTED
WATER
SUPPLY
PRINCIPLES
AND
PRACTICES.
(Section
3.65
of
the
Act)
“Practical Quantitation Limit
(PQL)” means the limit
set forth in “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” EPA Publication SW—846,
incorporated by reference in Section 615.103.
“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
—66—
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 in 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.
111,
pars.
3201 et seq.).
“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)
—67—
“Road
oil”
means
slow—curing
asphaltic oils which show
no
separation
on
standing
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)
“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, 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.,
suinp pits)
or associated piping.
The term
—68—
“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
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 which has
a total volume greater than 10 cubic yards or which is
stored
for
over
90
days.
—69—
“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:
1)
49
CFR 173
(1988).
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:
Superintendent of Documents,
U.S. Government
Printing 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,
use
or
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
—70—
ci)
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.
Adin.
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;
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 establishing the regulated
recharge area.
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 3;
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
—71—
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 615.211(e)
c)
The post-close 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).
ci)
Subsections
(b),
(c) and
(ci)
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.
—72—
b)
If
a
potable
well
can
be
used
as
a
monitoring
well
pursuant
to
this
subsection,
no
additional
monitoring
wells
are
required
under
this
Section.
A
potable
well
may
be
used
as
a
monitoring
well
if:
1)
The unit is located within a setback zone for a
potable well other than a community water supply
well;
2)
The well has been inspected by a licensed water
well contractor;
3)
The owner or operator of the unit seeking 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.
Rev.
Stat.
1989,
ch.
111 1/2,
pars.
116.111
et seq.,
as amended) and 35
Ill.
Adm. Code 920,
or
that the well is ‘constructed in accordance with
the criteria adopted by the Agency pursuant to 35
Ill.
Adm. Code 602.115; and
4)
The unit treats and disposes solely non—special
waste if the unit is a surface 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.
ci)
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~bemade 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 formations and the surface to the
sampled depth.
—73—
Section
615.205
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.
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).
ci)
A determination at least annually of the groundwater
flow rate and direction.
e)
If the owner or operator determines that the
groundwater monitoring program
rio
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):
1)
Material containing such parameter is stored,
disposed,
or otherwise handled at the site; and
2)
There is a groundwater standard for such
parameter.
—74—
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 each 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
—75—
of any contaminant attributable to operation of
the unit; and
3)
No reportable agrichemical spills have occurred at
the facility with the previous two years.
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 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.
—76—
c)
Submit the results of sampling required under
subsection
(b) when submitting the groundwater results
required pursuant to Section 615.208.
ci)
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 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
—77—
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.
ci)
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 beyond the compliance period if the
owner or operator can demonstrate, based on data from
the groundwater monitoring program under subsection
—78—
(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
~ubject
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
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
—79—
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 and fertilizer storage and handling
units, with respect to permanently surveyed benchmarks.
This
plat must be prepared and certified by a registered land
surveyor.
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
Section 615.401
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:
—80—
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
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,
poses no significant hazard to a community
water supply well or other potable water supply well.
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 expressly finds,
in the regulatory
proceeding establishing the regulated recharge area, poses no
significant hazard to a community water supply well.
SUBPART E:
LAND
TREATMENT UNITS
Section 615.421
Applicability
—81—
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 significant 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
water to produce potable water,
if such activities are conducted
in accordance with the Act and 35
Ill.
Acm. 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.
—82—
SUBPART
F:
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 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 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 potable water supply well.
Section 615.444
Groundwater Monitoring
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:
—83—
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
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.
—84—
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.
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.
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
—85—
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
o~
otherwise
damaging
the
final
cover.
SUBPART
G:
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;
or
b)
Is
exempt
from
this
Part
pursuant
to
Section
615.105.
Section
615.462
Design
and
Operating
Requirements
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)
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.
c)
This
Section
becomes
applicable
six
months
after
the
date
of
first
applicability.
Section
615.463
Closure
—86—
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.
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
111.
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.
—87—
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.
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
S
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
—88—
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.
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.
ci)
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.
—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
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
use
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
three
years
after
the
effective
date
of
this
Part.
C)
Subsections
(a)
and
(b)
do
not
apply
to
any
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
615.703
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.
—90—
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
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:
—91—
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.
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.
—92—
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
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
—93—
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.
o)
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
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.
—94—
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.
—95—
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
of
Closure
616.304
Survey
Plat
616.305
Post—Closure
Notice
for
Waste
Disposal
Units
616.306
Certification
of
Completion
of
Post-Closure
Care
616.307
Post-Closure
Care
Period
SUBPART
D:
LANDFILLS
Section
616.401
Applicability
616
.
402
Prohibitions
SUBPART
E:
LAND
TREATMENT
UNITS
Section
616.421
Applicability
616.422
Prohibitions
—96—
SUBPART F:
SURFACE IMPOUNDMENTS
Section
616. 441
616.442
616. 443
616.444
616.445
616.446
616.447
Section
616.461
616.462
616. 4 63
616. 4 64
Section
616.501
616.502
Section
616. 621
616. 622
616. 623
616.624
616. 625
Section
616.701
616.702
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
SUBPART
H:
UNDERGROUND
STORAGE
TANKS
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
Applicability
Prohibitions
Groundwater
Monitoring
Design and Operating Requirements
Closure
and
Post—Closure
Care
SUBPART
K:
ROAD
OIL
STORAGE
AND
HANDLING
UNITS
Applicability
Prohibitions
616.423
616.424
616.425
Groundwater
Monitoring
Design
and
Operating
Requirements
Closure
and
Post—Closure
Care
Section
616.601
616. 602
616.603
616.604
616. 605
—97—
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
—98—
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)
—99—
“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
SAME
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
SAME
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
—100—
SPECIFICALLY LISTED OR DESIGNATED AS A HAZARDOUS
SUBSTANCE; OR
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, use 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
—101—
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)
c)
NO WAIVER UNDER THIS SECTION IS REQUIRED WHERE THE POTABLE
WATER
SUPPLY
WELL
IS
PART
OF
A
PRIVATE
WATER
CYSTEN
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)
ci)
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)
—102—
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 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.
ci)
Nothing in this Section shall limit the authority of
the Board to impose requirements on any facility or
unit within any portion ot 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;
ci)
Fertilizer storage and handling units subject to
Subpart J;
e)
Road oil storage and handling units subject to Subpart
K; and
—103—
f)
De-icing
agent
storage
and
handling
units
subject
to
Subpart L.
Section 616.202
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
provided
at
Section
616.211(e).
c)
The post—close 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 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
—104—
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
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 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
—105—
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.
ci)
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:
—106—
A)
Material containing such parameter is stored,
treated
or
disposed
at
the
unit;
and
B)
There
is
a
groundwater
standard
for
such
parameter.
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
3
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
—107—
the product of the contaminant’s standard
deviation times the following constant:
Sami~leSize
Constant
6
2.10
7
2.03
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
(Jpon 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, sp-
ecific 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
(ci),
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
—108—
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 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 3 for the storage and
handling of fertilizer sampling shall be at least
quarterly,
except as provided in subsection
ci),
and
analysis shall be for pH, total organic carbon,
nitrates as nitrogen, ammonia nitrogen, and specific
conductance.
ci)
Subsections
(b) and
(c) notwithstanding,
for a unit
subject to Subpart
I for the storage and handling of
pesticides or for a unit eubject to Subpart J for the
storage and handling of fertilizers, sampling shall be
at least semi-annually provided that each 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
—109—
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:
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
62 0.430
(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.
ci)
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;
—110—
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.
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
—111—
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.
Section 616.210
Corrective Action Program
Whenever any 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
616.207(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
—112—
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 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
(ci)
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
—113—
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.
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
clear
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:
—114—
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
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.
ci)
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;
—115—
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
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 and fertilizer storage and handling
units, with respect to permanently surveyed benchmarks.
This
plat must be prepared and certified by a registered land
surveyor.
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
—116—
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
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:
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).
—117—
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 welihead of the
community water supply well to the landfill unit is
2500 feet or less,
except as provided at Section
616.105.
SUBPART
E:
LAND
TREATMENT UNITS
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.
—118—
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 C.
SUBPART
F: 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
—119—
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 sentence,
a lower liner shall be
deemed to satisfy such requirement if it is constructed
of at least a 5—foot thick layer of recompacted clay or
other natura3 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
—120—
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;
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
—121—
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 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.
—122—
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
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)
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)
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
—123—
water
to
produce
potable
water,
if
such activities are
conducted in accordance with the Act and 35
Ill. Adm.
Code:
Subtitle C.
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.
—124—
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. Adm. 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:
—125—
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.
—126—
c)
Subsections
(a)
and
(b)
notwithstanding,
this Subpart
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 Sectiqn 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 ~rnit.
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.
—127—
ci)
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 616.625
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.
—128—
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
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:
—129—
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 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.
—130—
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
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
—131—
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 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 do-icing agents with
protection from precipitation to prevent run—off or
dissolved do-icing agents from entering into the
adjacent soil, surface water,
or groundwater.
ci)
All areas surrounding the storage pile,
including but
not limited to the loading pad, must be routinely
inspected to determine whether any release of do—icing
agents has occurred.
Such areas shall be cleaned as
necessary.
Spilled do—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.
—132—
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.
ill
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
3.
Anderson
and
B.
Forcade
concurred.
I,
Dorothy
M.
Gunn,
Clerk
of
the
Illinois
Pollution
Control
Board,
hereby
certify
that
the
above
Opinion
and
Order was adopted
on
the
~2(-~~
day
of
_____________________,
1991,
by
a
vote
of
7—c
.
/~_‘ ~/
Dorothy M.
Guni’i, Clerk
Illinois Pol~utionControl Board
