ILLINOIS POLLUTION CONTROL BOARD
February 7, 1991
IN THE MATTER OF:
)
STEEL AND FOUNDRY
)
R90-26
INDUSTRY AMENDMENTS TO
)
(Rulemaking)
THE LANDFILL REGULATIONS
)
(PARTS 810—815)
PROPOSED RULE. FIRST NOTICE.
OPINION AND ORDER OF THE BOARD (by J. Anderson):
On December 3, 1990, the Board received a Regulatory
Proposal from the Illinois Steel Group (“Steel Group”) and the
Illinois Cast Metals Association (“ICMA”). In its filing the
Steel Group and the ICMA proposed amendments to the development,
operating and reporting requirements for non—hazardous waste
landfills that were developed in R88—7 and that are found at 35
Ill. Adm. Code 811. On December 20, 1990, the Board issued an
Order directing the Steel Group and the ICMA to amend the
proposal to comply with certain filing requirements set forth in
35 Ill. Mm. Code 102.121. Specifically, the Board directed the
Steel Group and the ICMA to provide it with a list of those
sources and facilities affected by the proposal and with
information on the economic impact of the proposal. The Board
also directed the Steel Group and the ICMA to complete an
Analysis of Economic and Budgetary Effects questionnaire. On
February 4, 1991, the Steel Group and the ICMA filed a Response
to the Board’s December 20, 1990 Order.
The Board today acts to send this regulatory proposal to
First Notice. The Board directs the Clerk of the Board to cause
the publication of the proposal in the Illinois Register. This
action does not constitute the Board’s adoption of a substantive
position concerning the proposal.
Notwithstanding the above, the Board has made minor changes
in the proposal to correct minor deficiencies. For example, the
Board has corrected punctuation and has amended 35 Ill. Mm. Code
811.101 and 811.401 to reflect the addition of new Part 817. We
have also revised the caption of the proposal. As a result, all
future filings should reflect the new caption. Finally, because
35 Ill. Adm. Code 811 is quite lenghty, the Board has recodified
the various proposed regulatory sections from 35 Iii. Adm. Code
811 to 35 Ill. Adm. Code 817.
In addition to the foregoing, the Board directs the Hearing
Officer to set hearing dates for this proposal and, as
appropriate, to establish deadlines for the pre—filing of
118—359
—2—
testimony, exhibits, questions, and responses thereto. Those who
do not pre-file such materials will be able to present testimony
only as time permits. The Board believes that such procedures
will make efficient use of the Board’s limited hearing money,
avoid undue delay, and provide an opportunity for public
participation.
The Board also notes the following: First, pursuant to
Section 27 of the Environmental Protection Act (Act), the Board
has 60 days from the date of first acceptance for hearing to
determine whether or not an Economic Impact Study (EelS) is
necessary for this proposal. Accordingly, the calculation of
time during which the Board must make this determination for this
proposal begins to run as of this date. Those wishing to comment
on this aspect of the proceeding must do so within 21 days of
this date (see Section 27 of the Act). Second, we note that the
Steel Group and the ICMA have proposed amendments to 35 Ill. Adm.
Code 814, which cover existing landfills. We remind the
proponents that the Board, in R88—7, granted a one year stay from
the September 18, 1990 effective date of 35 Ill. Adm. Code 811
for new steel and foundry waste landfills only. We have,
however, included the amendments to 35 Ill. Adm. Code 814 in this
First Notice for the purpose of administrative ease and
economy. We emphasize that our action is not to be construed as
staying the September 18, 1990 applicability date of the landfill
regulations for existing landfills.
ORDER
The Board hereby proposes for First Notice the following
amendments to 35 Ill. Adm. Code 811 and 814, as well as 35 Ill.
Adm. Code 817. The Clerk of the Board is directed to file these
proposed amendments with the Secretary of State.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 811
STANDARDS FOR NEW SOLID WASTE LANDFILLS
SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS
Section
811.101
Scope and Applicability
811.102
Location Standards
811.103
Surface Water Drainage
811.104
Survey Controls
811.105
Compaction
811.106
Daily Cover
811.107
Operating Standards
118—360
—3—
SUBPART B: INERT WASTE LANDFILLS
Scope and Applicability
Determination of Contaminated Leachate
Design Period
Final Cover
Final Slope and Stabilization
Leachate Sampling
Load Checking
SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
Section
811.301
811.302
811.303
811.304
811.305
811.306
811.307
811.308
811.309
811.310
811.311
811.312
811.313
811.314
811.315
811.316
811.317
811.318
811.319
811.320
811.321
811.322
811.323
Scope and Applicability
Facility Location
Design Period
Foundation and Mass Stability Analysis
Foundation Construction
Liner Systems
Leachate Drainage System
Leachate Collection System
Leachate Treatment and Disposal System
Landfill Gas Monitoring
Landfill Gas Management System
Landfill Gas Processing and Disposal Systen
Intermediate Cover
Final Cover System
Hydrogeologici Site Investigations
Plugging and Sealing of Drill Holes
Groundwater Impact Assessment
Design, Construction, and Operation of Groundwater
Monitoring Systems
Groundwater Monitoring Programs
Groundwater Quality Standards
Waste Placement
Final Slope and Stabilization
Load Checking Program
Scope and Applicability
Notice to Generators and Transporters
Special Waste Manifests
Identification Record
Recordkeeping Requirements
Procedures for Excluding Regulated Hazardous Wastes
Salvaging
Boundary Control
Closure and Written Closure Plan
Postclosure Maintenance
811.108
811.109
811.110
811.111
Sect ion
811.201
811.202
811.203
811.204
811.205
811.206
811.207
SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Section
811.401
811.402
811.403
811.404
811.405
811.406
118—36 1
—4—
SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Scope and Applicability
Duties and Qualifications of Key Personnel
Inspection Activities
Sampling Requirements
Documentation
Foundations and Subbases
Compacted Earth Liners
Geomembranes
Leachate Collection Systems
SUBPART G: FINANCIAL ASSURANCE
Scope, Applicability and Definitions
Upgrading Financial Assurance
Release of Financial Institution
Application of Proceeds and Appeals
Closure and Postclosure Care Cot Estimates
Revisin of Cost Estimate
Mechanisms For Financial Assurance
Ues of Multiple Financial Mechanisms
Use of a Financial Mechanism for Multiple Sites
Trust Fund for Unrelated Sites
Trust Fund
Surety Bond Guaranteeing Payment
Surety Boud Guaranteeing Performance
Letter of Credit
Closure Insurance
Self—Insurance for Non—commercial Sites
Financial Assurance Forms
Trust Agreement
Certificate of Acknowledgment
Forfeiture Bond
Performance Bond
Irrevocable Standby Letter of Credit
Certificate of Insurance for Closure
and/or Postclosure Care
Operator’s Bond Without Surety
Operator’s Bond With Parent Surety
Letter from Chief Financial Officer
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and
28.1 and authorized by Section 27 of the Environmental Protection
Act (Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1005, 1021, 1021.1,
1022, 1022.17, 1028.1 and 1027.).
SOURCE: Adopted in R88—7 at 14 Ill. Reg. 15861, effective
September 18, 1990; amended in R90—26 at 15 Ill. Reg.
effective
Section
811.501
811.502
811.503
811.504
811.505
811.506
811.507
811.508
811.509
Section
811.700
811.701
811.702
811.703
811.704
811.705
811.706
811.707
811.708
811.709
811.710
811.711
811.712
811.713
811.714
811.715
8l1.Apperidix A
Illustration A
Illustration B
Illustration C
Illustration D
Illustration E
Illustration F
Illustration G
Illustration H
Illustration I
118—362
—5—
NOTE: Capitalization indicates statutory language.
SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS
Section 811.101 Scope and Applicability
a) The standards of this Part apply to all new landfills,
except those regulated pursuant to 35 Ill. Adm. Code 700
through 749. Subpart A contains general standards
applicable to all new landfills. Subpart B contains
additional standards for new landfills which dispose of
only inert wastes. Subpart C contains additional
standards for new landfills which dispose of chemical
and putrescible wastes. Part 817 contains additional
standards for new landfills which dispose of waste
generated by foundries and primary steel production
facilities.
b) This Part shall not apply until one year after the
effective date of this Part to new landfills solely
receiving the following wastes generated by the
following industries, provided that proposed regulations
of general applicability to that industry category are
filed with the Bord no later than December 1, 1990:
wastes generated by foundries and primary steel
production facilities and coal combustion wastes
generated by electric utilities. The requirements of 35
Ill. Adm. Code 807 shall apply to such landfills during
the interim period of one year after the effective date
of this Part. This Part shall become effective
immediately after December 1, 1990 if no proposal has
been filed by that date.
C)
All general provisions of 35 Ill. Adm. Code 810 apply to
this Part.
Source: amended at 15 Ill. Reg.
,
effective
SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Section 811.401 Scope and Applicability
a) This Subpart applies to all landfills permitted by the
Agency pursuant to Section 21 of the Act, including
landfills operated onsite, with or without a permit,
that accept special wastes, except for foundry and
primary steel production waste landfills, which are
regulated under Part 817 of these regulations.
b) The standards of this Subpart apply in addition to the
standards of 35 Ill. Mm. Code 809.
118—363
—6—
C) Inspection, testing or acceptance of waste by a solid
waste management facility shall not relieve the
generator or transporter of responsibility for
compliance with the requirements of 35 Ill. Adin. Code:
Subtitle G.
Source: amended at 15 Ill. Reg.
,
effective
118—364
—7—
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER 1: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 814
STANDARDS FOR EXISTING LANDFILLS AND UNITS
SUBPART A: GENERAL REQUIREMENTS
Section
814.101
Scope and Applicability
814.102
Compliance Date
814.103
Notification to Agency
814.104
Applications for Significant Modification of
Permits
814.105
Effect of Timely Filing of Notification and
Application for Significant Modification
814.106
Agency Action on Application for Significant
Modifications to Existing Permits
SUBPART B: STANDARDS FOR UNITS ACCEPTING INERT WASTE
Sect ion
814.201
Scope and Applicability
814.202
Applicable Standards
SUBPART C: STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AND
PUTRESCIBLE WASTES THAT MAY REMAIN OPEN FOR MORE THAN
SEVEN YEARS
Section
814.301
Scope and Applicabiity
814.302
Applicable Standards
SUBPART D: STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AN
PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WIHIN
SEVEN YEARS
Section
814.401
Scope and Applicability
814.402
Applicable Standards
SUBPART E: STANDARDS FOR EXISTING UNITS ACCEPTING INERT WA~
ONLY, OR ACCEPTING CHEMICAL AND PUTRESCIBLE WASTES THAT
MUST INITIATE CLOSURE WITHIN TWO YEARS
Section
814.501
Scope and Applicability
814.502
Standards for Operation and Closure
118—365
—8—
SUBPART F: STANDARDS FOR EXISTING UNITS ACCEPTING LOW RISK
WASTES FROM THE STEEL AND FOUNDRY INDUSTRIES THAT
MAY REMAIN OPEN FOR MORE THAN SEVEN YEARS
Section
814.601
Scope arid Applicability
814.602
Applicable Standards
SUBPART G: STANDARDS FOR EXISTING UNITS ACCEPTING LOW RISK
WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES THAT
MUST INITIATE CLOSURE WITHIN SEVEN YEARS
Section
814.701
Scope and Applicability
814.702
Applicable Standards
SUBPART H: STANDARDS FOR EXISTING UNITS ACCEPTING POTENTIALLY
REUSABLE STEEL OR FOUNDRY INDUSTRY WASTE ONLY, OR
ACCEPTING LOW RISK STEEL OR FOUNDRY INDUSTRY WASTES
THAT MUST INITIATE CLOSURE WITHIN TWO YEARS
Section
814.801
Scope and Applicability
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and
28.1 and authorized by Section 27 of the Environmental Protection
Act (Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1005, 1021, 1021.1,
1022, 1022.17, 1028.1 and 1027.).
SOURCE: Adopted in R88—7 at 14 Ill. Reg. 15861, effective
September 18, 1990; amended in R90—26 at 15 Ill. Reg.
effective
NOTE: Capitalization indicates statutory language.
SUBPART F: STANDARDS FOR EXISTING UNITS ACCEPTING LOW RISK
WASTES FROM THE STEEL AND FOUNDRY INDUSTRIES THAT MAY
REMAIN OPEN FOR MORE THAN SEVEN YEARS
Section 814.601 Scope and Applicability
a) The standards in this Subpart are applicable to all
existing units of landfills, including those exempt
permit requirements in accordance with Section 21(d)
the Act, that have accepted or accept low risk waste
Based on an evaluation of the information submitted
pursuant to Subpart A and any Agency site inspectior
units that meet the requirements of this Subpart ma~
118—366
—9—
remain open for an indefinite period of time beyond
seven years after the effective date of this Part.
b) Based on an evaluation of the information submitted
pursuant to Subpart A and any Agency site inspection,
units which are unable to comply with the requirements
of this Subpart are subject to the requirements of
Subpart G or Subpart H.
Source: amended at 15 Ill. Reg.
,
effective
Section 814.602 Applicable Standards
a) All of the requirements for new units described in 35
111. Mm. Code 817 shall apply to units regulated under
this Subpart except the following:
1) The location standards in 35 Ill. Mm. Code
817.402(a), (d), and (e);
2) The foundation and mass stability analysis
standards in 35 Ill. Adrn. Code 817.404 and 817.405;
3) The final cover requirements of 35 Ill. Adm. Code
817.407 shall not apply to units or parts of units
closed, covered and vegetated prior to the
effective date of this Part; and
4) The hydrogeological site investigation requIremen~
of 35 Ill. Adm. Code 817.408, except that
information shall be collected to implement a
groundwater monitoring program in accordance wiU
35 111. Adm. Code 817.411 and 817.412 and estabi
background concentrations for the purpose of
establishing water quality standards pursuant to
Ill. Adxn. Code 817.413.
b) Units regulated under this Subpart shall be subject
the following standards:
1) The unit must be equipped with a system which
effectively drain and collect leachate and
transport it to a leachate management system.
However, if the facility can provide proof tha
federal maximum concentration limits (MCLs) wi
not be exceeded at the compliance boundary, nc
leachate collection or transport system shall
required;
2) The operator shall provide a long—term static
safety factor of at least 1.5 to protect a
completed unit against slope failure;
118—367
—10—
3) Calculation of the Design Period
For the purpose of calculating financial assurance
the design period shall be calculated as follows:
A) The design period shall be no less than the
operating life of the landfill plus 15 years
of postclosure care;
B) The postclosure care period shall be extended
by three year for each year the unit is
expected to be in operation up to the
applicable design period required by 35 Ill.
Adm. Code 817 (For example, an existing unit
with expected operating lives of three or
seven years after the effective date of this
Part would be required to provide financial
assurance during operation and for a
postclosure care period of either 15 years
since 3 x 3
=
9 years is less than the 15 year
minimum specified in subsection (b)(3)(A); or
20 years since 3 x 7
=
21 years is greater
than the 20 years specified in 35 Iii. Adm.
817.403(a), respectively).
Source: amended at 15 111. Reg.
,
effective
SUBPART G: STANDARDS FOR EXISTING UNITS ACCEPTING
LOW RISK WASTES FROM THE STEEL OR FOUNDRY INDUSTRIES THAT
MUST INITIATE CLOSURE WITHIN SEVEN YEARS
Section 814.701 Scope and Applicability
a) The standards in this Subpart are applicable to all
existing units of landfills, including those exempt from
permit requirements in accordance with Section 21(d) of
the Act, that have accepted or accept low risk wastes.
Based on an evaluation of the information submitted
pursuant to Subpart A and any Agency site inspection,
units that meet the requirements of this Subpart shall
initiate closure between two and seven years after the
effective date of this Part.
b) Based on an evaluation of the information submitted
pursuant to Subpart A and any Agency site inspection,
units which are unable to comply with the requirements
of this Section are subject to the requirements of
Subpart H.
Source: amended at 15 Ill. Reg.
,
effective
118—3 68
—11—
Section 814.702 Applicable Standards
a) All of the requirements for new units described in 35
Ill. Adm. Code 817 shall apply to units regulated under
this Subpart, except the following:
1) The location standards in 35 Ill. Adm. Code
817.402(a),
(C),
(d) and (e);
2) The foundation and mass stability analysis
standards in 35 Ill. Adm. Code 817.404 and 817.405;
3) The final cover requirements of 35 Ill. Adm. Code
817.407 shall not apply to units or parts of units
closed, covered and vegetated prior to the
effective date of this Part;
4) The hydrogeological site investigation requirements
of 35 Ill. Mm. Code 817.408;
5) The groundwater impact assessment standards of 35
Ill. Adm. Code 817.410;
6) The groundwater monitoring program requirements of
35 Ill. Adm. Code 817.411(c); and
7) The groundwater quality standards of 35 Ill. Adm.
Code 817.413(a), (b) and (c).
b) The following standards shall apply to units regulated
under this Subpart:
1) No new units shall be opened and an existing unit
may not expand beyond the area included in a permit
prior to the effective date of this Part or, in the
case of permit exempt facilities, beyond the area
needed for landfilling to continue until closure is
initiated;
2) After the effective date of this Part, the unit may
apply for supplemental waste stream permits
provided, however, that the additional waste
streams are of a similar or compatible chemical
makeup to the wastes previously disposed of in the
unit. The unit may also continue to accept special
waste under permits existing prior to the effective
date of this Part and may renew those permits as
necessary.
3) Groundwater Standards
A unit shall not contaminate a source of drinking
water at the compliance boundary, defined as any
118—3 69
—12—
point on the edge of the unit at or below the
ground surface. At any point on the compliance
boundary, the concentration of constituents shall
not exceed the federal MCL5. The Board may provide
for a zone of attenuation and adjust the compliance
boundary in accordance with Section 28.1 of the Act
and the procedures of 35 Ill. Adm. Code 106.Subpart
G upon petition demonstration by the operator that
the alternative compliance boundary will not result
in contamination of groundwater which may be needed
or used for human consumption. In reviewing such
petitions, the Board will consider the following
factors:
A) The hydrogeological characteristics of the
unit and surrounding land, including any
natural attenuation and dilution
characteristics of the aquifer;
B) The volume and physical and chemical
characteristics of the leachate;
C) The quantity, quality, and direction of flow
of groundwater underlying the facility;
D) The proximity and withdrawal rates of
groundwater users;
E) The availability of alternative drinking water
supplies;
F) The existing quality of the groundwater,
including other sources of contamination and
their cumulative impacts on the groundwater;
G) Public health, safety, and welfare effects;
and
H) In no case shall the zone of compliance extend
beyond the facility property line or beyond
the annual high water mark of any navigable
surface water.
4) Calculation of the Design Period
For the purposes of calculating financial assurance
the design period shall be calculated as follows:
A) The design period shall be no less than five
years; and
B) The postclosure care period shall be extended
by three years for each year the unit is
118—370
—13—
expected to be in operation up to the
applicable design period required by 35 Ill.
Adm. Code 817. (For example, an existing unit
with an expected life of three years after the
effective date of this Part would be required
to provide financial assurance for nine years
of postclosure care, 9
=
3 x 3.)
Source: amended at 15 Ill. Reg.
,
effective
SUBPART H: STANDARDS FOR EXISTING UNITS ACCEPTING POTENTIALLY
REUSABLE STEEL OR FOUNDRY INDUSTRY WASTE ONLY, OR ACCEPTING
LOW RISK STEEL OR FOUNDRY INDUSTRY WASTES THAT MUST
INITIATE CLOSURE WITHIN TWO YEARS
Section 814.801 Scope and Applicability
a) The standards in this Subpart are applicable to all
existing units of landfills, including those exempt from
permit requirements in accordance with Section 21(d) of
the Act, that accept potentially reusable waste only, or
which accept low risk wastes.
b) All units that cannot demonstrate compliance with the
requirements of Subparts B, F or G, or are scheduled to
begin closure within two years of the effective date of
this Part must begin closure within two years of the
effective date of this Part.
Source: amended at 15 Ill. Req.
,
effective
118—37 1
—14—
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPETER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 817
STANDARDS FOR NEW STEEL AND FOUNDRY INDUSTRY WASTE LANDFILLS
SUBPART A: GENERAL STANDARDS FOR ALL STEEL AND FOUNDRY
INDUSTRY WASTE LANDFILLS
Section
817.101
817.102
817.103
817.104
817.105
SUBPART
Scope and Applicability
Determination of Waste Status
Sampling Frequency
Waste Classification
Waste Classification Table
B: STANDARDS FOR DISPOSAL OF BENEFICIALLY USABLE
STEEL AND FOUNDRY INDUSTRY WASTES
Scope and Applicability
Limitations on Use
Certification
Notification of Use
SUBPART C: STEEL AND FOUNDRY INDUSTRY POTENTIALLY USABLE
WASTE LANDFILLS
SUBPART D: NEW STEEL AND FOUNDRY INDUSTRY LOW RISK
WASTE LANDFILLS
Section
817.401
817.402
817.403
817.404
817.405
817.406
817.407
817.408
817.409
817.410
Scope and Applicability
Facility location
Design Period
Foundation and Mass Stability Analysis
Foundation Construction
Liner Systems
Final Cover System
Hydrogeologic Site Investigations
Plugging and Sealing of Drill Holes
Groundwater Impact Assessment
Section
817.201
817.202
817
.
203
817.204
Section
817.301
817.302
817.303
817.304
817.305
817.306
Scope and Applicability
Design Period
Final Cover
Final Slope and Stabilization
Leachate Sampling
Load Checking
118—372
—15—
817.411
Design, Construction and Operation of Groundwater
Monitoring Systems
817.412
Groundwater Monitoring Programs
817.413
Groundwater Quality Standards
817.414
Waste Placement
817.415
Final Slope and Stabilization
817.416
Load Checking
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and
28.1 and authorized by Section 27 of the Environmental Protection
Act (Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1005, 1021, 1021.1,
1022, 1022.17, 1028.1 and 1027.).
SOURCE: Adopted in R90—26 at 15 Ill. Reg.
,
effective
NOTE: Capitalization indicates statutory language.
SUBPART A: GENERAL STANDARDS FOR ALL STEEL AND
FOUNDRY INDUSTRY WASTE LANDFILLS
Section 817.101 Scope and Applicability
a) In addition to the requirements of 35 Ill. Adm. Code
8ll.Subpart A, the standards of this Part apply
exclusively to non—protectible wastes from the steel and
foundry industries.
b) Landfills units regulated under this Part shall accept
waste only from the steel and foundry industries.
c) This Part shall not apply to the legitimate use of iron
and steelmaking slags including the use as abase for
road building, but not including use for land
reclamation except as allowed under subsection (e).
d) This Part shall not apply to the legitimate use of
foundry sand which has been demonstrated as suitable for
beneficial use under Section 817.104, including the use
as a base for road building, but not including use for
land reclamation except as allowed under subsection (e).
e) The use of iron and steelmaking slags and foundry sands
for land reclamation purposes may be approved by the
Illinois Environmental Protection Agency (Agency)
provided it is determined that these uses do not pose a
threat to public health and the environment.
f) The use of iron and steelrnaking slags and foundry sands
as raw material in the manufacture of another product
shall in no way be restricted by this Part.
118—3 73
—16—
Section 817.102 Determination of Waste Status
a) A representative sample of leachate extracted from the
waste by the laboratory procedure listed in 35 Ill. Adm.
Code.Appendix B may be used to model the expected
constituents and concentrations of the leachate.
b) Actual samples of leachate from an existing solid waste
disposal unit or beneficial use site may be utilized
under the following conditions:
1) The waste in the existing unit is similar to the
waste to be used or disposed;
2) The conditions under which the leachate was formed
are similar to those expected to be encountered;
and
3) Leachate is sampled so as to be representative of
undiluted and unattenuated leachate emanating from
the unit.
Section 817.103 Sampling Frequency
a) All wastes shall be tested annually.
b) Additional testing on individual waste streams shall be
conducted when any of the following occurs:
1) There is a change in the raw materials which could
significantly affect the wastes’ leaching
characteristics;
2) There is a modification to the process which
generates the waste and the change could
significantly affect the wastes’ leaching
characteristics; or
3) There is an addition of a new process which may
generate a new waste material.
Section 817.104 Waste Classification
a) Wastes regulated by this Part shall be classified on the
basis of leaching potential as determined by the
procedure at Section 817.102.
b) Non—putrecible wastes regulated by this Part shall fall
into one of four classifications:
1) Beneficially Usable;
2) Potentially Usable;
118—374
—17—
3) Low Risk; or
4) Chemical
c) Maximum Allowable Leaching Concentration (MALC) for the
Beneficially Usable, Potentially Usable and Low Risk
classes are presented in the table at Section 817.105.
Wastes exceeding the MALCs for the Low Risk class shall
be regulated as Chemical Wastes under 35 Ill. Adm. Code
8ll.Subpart C.
Section 817.105 Waste Classification Table
MAXIMUM ALLOWABLE LEACHING CONCENTRATIONS
(Concentrations in mg/l)
Beneficially
Potentially
Low
Usable
Usable
Risk
Parameter
Wastes
Wastes
Wastes
(Primary Standards)
Arsenic
0.05
0.05
0.25
Barium
1.0
1.0
5.0
Cadmium
0.01
0.01
0.05
Chromium
0.05
0.05
0.25
Lead
0.05
0.05
0.25
Nitrate
10
10
50
Selenium
0.01
0.01
0.05
Fluoride
4
4
20
(Secondary Standards)
Chloride
250
250
500
Manganese
0.15
0.75
3.75
Copper
5
5
10
Iron
5
5
15
Sulfates
400
400
800
Zinc
5
10
50
TDS
1,200
1,200
5,000
BOARD NOTE: Any waste which leachates concentrations of
constituents above the levels stated for Low Risk Wastes would be
considered a Chemical Waste arid, therefore, subject to the
disposal requirements of a Chemical Waste.
118—375
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SUBPART B: STANDARDS FOR DISPOSAL OF BENEFICIALLY USABLE
STEEL AND FOUNDRY INDUSTRY WASTES
Section 817.201 Scope and Applicability
The standards of this Subpart, along with 35 Ill. Adm. Code
811.101 and 811.102, shall apply to all steel and foundry
industry wastes not exempt under Section 817.101 and meeting the
MALC limits for beneficially usable wastes provided in Section
817.205.
Section 817.202 Limitations on Use
Wastes regulated by this Subpart may be used as road ballast,
construction fill material, daily cover to landfills and similar
beneficial uses.
Section 817.303 Certification
The generator of wastes regulated by this Subpart shall certify
each load sent to a offsite beneficial use as meeting the
requirements of Subpart A.
Section 817.204 Notification of Use
The generator of wastes regulated by this Subpart shall notify
the Agency of the location of each beneficial use site through
the use of an annual report.
SUBPART C: STEEL AND FOUNDRY INDUSTRY POTENTIALLY
USABLE WASTE LANDFILLS
Section 817.301 Scope and Applicability
The standards of this Subpart, in addition to the requirements of
35 Iii. Adm. Code 8ll.Subpart A, shall apply to all landfills in
which only potentially usable waste is to be placed.
Section 817.302 Design Period
The design period for all potentially usable waste disposal units
shall be the estimated operating life of the unit plus a minimum
postclosure care period of five years. For landfills, other than
those used exclusively for disposing waste generated at the site,
the minimum postclosure care period, for purposes of monitoring
settling at the site, shall be 15 years.
Section 817.303 Final Cover
A minimum of 0.46 meter (1.5 feet) of soil material that will
support vegetation which prevents or minimizes erosion shall be
applied over all disturbed areas. Where no vegetation is
required for the intended postclosure land use, the requirements
118—3 76
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of Section 817.304(b) will not apply; however, the final surface
shall still be designed to prevent or minimize erosion.
Section 817.304 Final Slope and Stabilization
a) The waste disposal unit shall be designed and
constructed to achieve a minimum static slope safety
factor of 1.5 and a minimum seismic safety factor of
1.3.
b) Standards for Vegetation
1) Vegetation shall be promoted on all reconstructed
surfaces to minimize wind and water erosion;
2) Vegetation shall be compatible with (i.e., grow and
survive under) the local climatic conditions;
3) vegetation shall require little maintenance;
4) Vegetation shall consist of a diverse mix of native
and introduced species consistent with the post-
closure land use; and
5) Temporary erosion control measures, including, but
not limited to, the application, alone or in
combination, or mulch, straw, netting, or chemical
soil stabilizers, shall be undertaken while
vegetation is being established.
C)
The landfill site shall be monitored for settling for a
minimum period of 15 years after closure as specified in
Section 817.302 in order to meet the requirements of
this Section.
Section 817.305 Leachate Sampling
a) All potentially usable waste landfills shall be designed
to include a monitoring system capable of collecting
representative samples of leachate generated by the
waste, using methods such as, but not limited to, a
pressure—vacuum lysimeter, trench lysimeter or a well
point. The sampling locations shall be located so as to
collect the least dilute leachate samples.
b) Leachate samples shall be collected and analyzed at
least once every six months to determine, using the
statistical procedures of 35 Ill. Adm. Code 811.320(e),
the proper waste classification as defined in Section
817.102.
c) Once every two years, leachate samples shall be tested
for the presence of organic chemicals in accordance with
118—377
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35 Ill. Adm. Code 811.3l9(a)(3). If the results of such
testing show the presence of organic chemicals, the
operator shall notify the Agency of this fining, in
writing, before the end of the business day following
the finding.
d) If the results of testing of leachate samples in
accordance with subsection (b) confirm that the leachate
exceeds the limits for potentially usable waste as
defined in Section 817.104, the operator shall notify
the Agency of this finding, in writing before the end of
the business day following the finding. In addition,
the potentially usable waste landfill facility causing
the contamination:
1) shall no longer be subject to the potentially
usable waste landfill requirements of Subpart C;
2) shall be subject to the requirements for Low Risk
Waste Landfills of Subpart D, including closure and
remedial action.
e) The results of the chemical analysis tests shall be
included in the Quarterly Groundwater Reports submitted
to the Agency in accordance with 35 Ill. Adm. Code
8l5.Subpart D for non—permitted facilities.
Section 817.306 Load Checking
a) The operator shall not accept wastes for disposal at a
potentially usable waste landfill unless it is
accompanied by documentation that such wastes are
potentially usable based on testing of the leachate from
such wastes performed in accordance with the requirement
of Section 817.302.
b) The operator shall institute and conduct a random load
checking program at each potentially usable waste
facility in accordance with the requirements of 35 Ill.
Adm. Code 811.323 except that this program shall also be
designed:
1) to detect and discourage attempts to dispose non—
potentially usable wastes at the landfill;
2) to require the facility’s inspector to examine at
least one random load of solid waste delivered to
the landfill on a random day each week; and
3) to require the operator to test one randomly
selected waste sample on an annual basis in
accordance with Sections 817.302(a) and (b) to
118—3 78
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determine if the waste is potentially usable as
defined in this part.
c) The operator shall include the results of the load
checking in the Annual Report submitted to the Agency in
accordance with 35 Ill. Adm. Code 813.501 for permitted
facilities and 35 Ill. Mm. Code 815.Subpart C for non—
permitted facilities.
SUBPART D: NEW STEEL AND FOUNDRY INDUSTRY LOW RISK
WASTE LANDFILLS
Section 817.401 Scope and Applicability
The standards of this Subpart, along with 35 Ill. Adm. Code
8ll.Subpart A, shall apply to all new landfills in which steel
and foundry industry low risk wastes are to be placed.
Section 817.402 Facility Location
a) No part of a unit shall be located within a setback zone
established pursuant to Section 14.2 or 14.3 of the
Environmental Protection Act (Act) (Ill. Rev. Stat.
1989, ch. 111 1/2, pars. 1014.1 and 1014.3).
b) No part of a unit shall be located within the recharge
zone or within 366 meters (1200 feet), vertically or
horizontally, of a sole-source aquifer designated by the
United States Environmental Protection Agency pursuant
to Section 1424(e) of the Safe Drinking Water Act (42
U.S.C. 300h—3(e)) unless there is a stratum between the
bottom of the waste disposal unit and the top of the
aquifer that meets the following minimum requirements:
1) The stratum has a minimum thickness of 15.2 meters
(50 feet);
2) The maximum hydraulic conductivity in both the
horizontal and vertical directions is no greater
than lxlO7 centimeters per second, as determined
by in situ borehole or equivalent tests;
3) There is no indication of continuous sand or silt
seams, faults, fractures or cracks within the
stratum that may provide paths for migration; and
4) Age dating of extracted water samples from both the
aquifer and the stratum indicates that the time of
travel for water percolating downward through the
relatively impermeable stratum is no faster than
15.2 meters (50 feet) in 100 years.
118—37 9
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c) A facility located within 152 meters (500 feet) of the
right of way of a township or county road or state or
interstate highway shall have its operations screened
from view by a barrier of natural objects, fences,
barricades, or plants no less than 2.44 meters (8 feet)
in height.
d) No part of a unit shall be located closer than 152
meters (500 feet) from an occupied dwelling, school, or
hospital that was occupied on the date when the operator
first applied for a permit to develop the unit or the
facility containing the unit, unless the owner of such
dwelling, school, or hospital provides permission to the
operator, in writing, for a closer distance.
Section 817.403 Design Period
The design period for low risk waste disposal units shall be the
estimated operating life plus 20 years.
Section 817.404 Foundation and Mass Stability Analysis
a) The material beneath the unit shall have sufficient
strength to support the weight of the unit during all
phases of construction and operation. The loads and
loading rate shall not cause or contribute to the
failure of the liner.
b) The total settlement or swell of the foundation shall
not cause or contribute to the failure of the liner.
c) The solid waste disposal unit shall be designed to
achieve a safety factor against bearing capacity failure
of at least: 2.0 under static conditions and 1.5 under
seismic loadings.
d) The waste disposal unit shall be designed to achieve a
factor of safety against slope failure of at least: 1.5
for static conditions and 1.3 under seismic conditions.
e) In calculating factors of safety, both long term (in
tens of hundreds of years) and short term (over the
design period of the facility) conditions expected at
the facility shall be considered.
f) The potential for earthquake or blast induced
liquefaction, and its effect on the stability and
integrity of the unit shall be considered and taken into
account in the design. The potential for landslides or
earthquake induced liquefaction outside the unit shall
be considered if such events could affect the unit.
118—380
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Section 817.405 Foundation Construction
a) If the in situ material provides insufficient strength
to meet the requirement of Section 817.404, then the
insufficient material shall be removed and replaced with
clean materials sufficient to meet the requirements of
Section 817.404.
b) All trees, stumps, roots, boulders and debris shall be
removed.
c) All material shall be compacted to achieve the strength
and density properties necessary to demonstrate
compliance with this Part in conformance with a
construction quality assurance plan pursuant to 35 Ill.
Adm. Code 8ll.Subpart E.
d) Placement of frozen soil onto frozen ground is
prohibited.
e) The foundation shall be constructed and graded to
provide a smooth, workable surface on which to construct
the liner.
Section 817.406 Liner Systems
a) All units shall be equipped with a compacted earth liner
designed in compliance with the requirements of this
Section.
b) The liner shall be stable during all phases on
construction and operation. The side slopes shall
achieve a minimum static safety factor of 1.3 and a
minimum seismic safety factor of 1.0 at all times.
C)
The liner shall be designed to function for the entire
design period.
d) Compacted Earth Liner Standards
1) The minimum allowable thickness shall be 0.76
meters (2.5 feet).
2) The liner shall be compacted to achieve a maximum
hydraulic conductivity of lx107 centimeters per
second.
3) The construction and compaction of the liner shall
be carried out in accordance with the construction
quality assurance procedures of 35 111.
Adrn. Code
8ll.Subpart E so as to reduce void spaces and allow
the liner to support the loadings imposed by the
waste disposal operation without settling that
118—38 1
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causes or contributes to the failure of the
leachate collection system.
4) The liner shall be constructed from materials whose
properties are not affected by contact with the
constituents of the leachate expected to be
produced.
e) Slurry Trenches and Cutoff Walls Used to Prevent
Migration of Leachate
1) Slurry trenches and cutoff walls built to contain
leachate migration shall be used only in
conjunction with a compacted earth liner meeting
the requirements Of subsection (d) or as part of a
remedial action required by 35 Ill. Adm. Code
811.319.
2) Slurry trenches and cutoff walls shall extend into
the bottom confining layer to a depth that will
establish and maintain a continuous hydraulic
connection and prevent seepage.
3) Exploration borings shall be drilled along the
route of the slurry trench or cutoff wall to
confirm the depth to the confining layer. In situ
tests shall be conducted to determine the hydraulic
conductivity of the confining layer.
4) Slurry trenches and cutoff walls shall be stable
under all conditions during the design period of
the facility. They shall not be susceptible to
displacement or erosion under stress or hydraulic
gradient.
5) Slurry trenches and cutoff walls shall be
constructed in conformance to a construction
quality assurance plan, pursuant to 35 Ill. Mm.
Code 8ll.Subpart E, that insures that all material
and construction methods meet design
specifications.
f) The owner or operator may utilize liner configurations
other than those specified in this Section, special
construction techniques, and admixtures, provided that:
1) The alternative technology or material provides
equivalent, or superior, performance to the
requirements of this Section;
2) The technology or material has been successfully
utilized in at least one application or pilot
facility similar to the proposed application; and
118—382
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3) Methods for manufacturing quality control and
construction quality assurance can be implemented.
Section 817.407 Final Cover System
a) The unit shall be covered by a final cover consisting of
a low permeability layer overlain by a. final protective
layer constructed in accordance with the requirements of
this Section.
b) Standards for the Low Permeability Layer
1) Construction of a low permeability layer shall
begin not later than 60 days after placement •of the
final lift of solid waste.
2) The low permeability layer shall cover the entire
unit and connect with the liner system.
3) The low permeability layer shall consist of any one
of the following:
A) A compacted earth layer constructed in
accordance with the following standards:
i) The minimum allowable thickness shall be
0.46 meters (1.5 feet); and
ii) The layer shall be co~ypactedto achieve a
permeability of lxl0 centimeters per
second and minimize void spaces; or
iii) Alternative specifications may be
utilized provided that the performance of
the low permeability layer is equal to or
superior to the performance of a layer
meeting the requirements of subsections
(b)(3)(A)(i) and (b)(3)(A)(ii).
B) A geomembrane constructed in accordance with
the following standards:
i) The geomembrane shall provide performance
equal or superior to the compacted earth
layer described in subsection (b)(3)(A);
ii) The geomembrane shall have strength to
withstand the normal stresses imposed by
the waste stabilization process; and
iii) The geomembrane shall be placed over a
prepared base free from sharp objects and
other materials which may cause damage.
118—383
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C) Any other low permeability layer construction
techniques or materials, provided that they
provide equivalent or superior performance to
the requirements of this subsection.
C)
Standards for the Final Protective Layer
1) The final protective layer shall cover the entire
low permeability layer.
2) The thickness of the final protective layer shall
be sufficient to protect the low permeability layer
from freezing and minimize root penetration of the
low permeability layer, but shall not be less than
0.46 meter (1.5 feet).
3) The final protective layer shall consist of soil
material capable of supporting vegetation.
4) The final protective layer shall be placed as soon
as possible after placement of the low permeability
layer to prevent desiccation, cracking, freezing or
other damage to the low permeability layer.
Section 817.408 Hydrogeologic Site Investigations
a) Purpose
The operator shall conduct a hydrogeologic investigation
to develop hydroqeologic information for the following
uses:
1) Provide information to perform a groundwater impact
assessment; and
2) Provide information to establish a groundwater
monitoring system.
b) General Requirements
1) The investigation shall be conducted in a minimum
of three phases prior to submission of any
application to the Agency for a permit to develop
and operate a landfill facility.
2) The study area shall consist of the entire area
occupied by the facility and any adjacent areas; if
necessary for the purpose of the hydrogeological
investigation set forth in subsection (a).
3) All borings shall be sampled continuously at all
recognizable points of geologic variation, except
that where continuous sampling is impossible or
118—384
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where non-continuous sampling can provide
equivalent information, samples shall be obtained
at intervals no greater than 1.52 meters (5 feet)
in homogeneous strata.
C)
Minimum Requirements for a Phase I Investigation
1) The operator shall conduct a Phase I Investigation
to develop the following information:
A) Climatic aspects of the study area;
B) The regional and study area geologic settings,
including a description of the geomorphology
and stratigraphy of the area;
C) The regional groundwater regime including
water table depths and aquifer
characteristics; and
D) Information for the purpose of designing a
Phase II Hydrogeologic Investigation.
2) Specific Requirements
A) The regional hydrogeologic setting of the unit
shall be established by using material
available from all possible sources,
including, but not limited to, the Illinois
Scientific Surveys, the Agency, other State
and Federal organizations, water well drilling
logs, and previous investigations.
B) A minimum of one continuously sampled boring
shall be drilled on the site, as close as
feasible to the geographic center, to
determine if the available regional
hydrogeologic setting information is accurate
and to characterize the site—specific
hydrogeology to the extend specified by this
phase of the investigation. The boring shall
extend at least 15.2 meters (50 feet) below
the bottom of the uppermost aquifer or through
the full depth of the confining layer below
the uppermost aquifer, or to bedrock, if the
bedrock is below the upper most aquifer,
whichever elevation is higher. The locations
of any additional borings, required under this
subsection, may be chosen by the investigator,
but shall be sampled continuously.
d) Minimum Requirements for a Phase II Investigation
118—385
—28-
1) Information to be developed
Using the information developed in the Phase I
survey, a Phase II study shall be conducted to
collect the site—specific information listed below
as needed to augment data collected during the
Phase I Investigation and to prepare for the Phase
III Investigation:
A) Structural characteristics and distribution of
underlying strata including bedrock;
B) Chemical and physical properties including,
but not limited to, lithology, mineralogy, and
hydraulic characteristics of underlying strata
including those below the uppermost aquifer;
C) Soil characteristics, including soil types,
distribution, geochemical and geophysical
characteristics;
D) The hydraulic conductivities of the uppermost
aquifer and all strata above it;
E) The vertical extent of the uppermost aquifer;
F) The direction and rate of groundwater flow.
2) Specific Requirements
A) One boring shall be located as close as
feasible to the topographical high point, and
another shall be located as close as feasible
to the topographical low point of the study
area.
B) At least one boring shall be at or near each
corner of the site. Where the property is
irregularly shaped the borings shall be
located near the boundary in a pattern and
spacing necessary to obtain data over the
entire study area.
C) Additional borings may be located at
intermediate points at locations and spacings
necessary to establish the continuity of the
stratigraphic units.
D) Piezorneters and groundwater monitoring wells
shall be established to determine the
direction and flow characteristics of the
groundwater in all strata and extending down
to the bottom of the uppermost aquifer.
Groundwater samples taken from such monitoring
118—386
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wells shall be used to develop preliminary
information needed for establishing background
concentrations in accordance with subsection
(e) (1) (G)
E) Other methods may be utilized to confirm or
accumulate additional information. Such
methods may be used only as a supplement to,
not in lieu of, site—specific boring
information. Other methods include, but are
not limited to, geophysical well logs,
geophysical surveys, aerial photography, age
dating, and test pits.
e) Minimum Standards for a Phase III Investigation
1) Using the information developed during the Phase I
and Phase II Investigations, the operator shall
conduct a Phase III Investigation. This
investigation shall be conducted to collect or
augment the site—specific information needed to
carry out the following:
A) Verification and reconciliation of the
information collected in the Phase I and 11
Investigations;
B) Characterization of potential pathways for
contaminant migration;
C) Correlation of stratigraphic units between
borings;
D) Continuity of petrographic features including,
but not limited to, sorting, grain size
distribution, cementation and hydraulic
conductivity;
E) Identification of zones of potentially high
hydraulic conductivity;
F) Identification of the confining layer, if
present;
G) Concentrations of chemical constituents
present in the groundwater and expected to
appear in the leachate below the unit, down to
the bottom of the uppermost aquifer, using a
broad range of chemical analysis and detection
procedures such as, gas chromatographic and
mass spectrometric scanning. However,
additional measurements and procedures shall
be carried out to establish background
I 18—387
—30—
concentrations, in accordance with 35 Ill.
Adm. Code 811.320(d), for:
(i) Any constituent for which there is a
public or food processing water supply
standard at 35. Ill. Adm. Code 302
established by the Board and which is
expected to appear in the leachate; and
ii) Any other constituent for which there is
no Board-established standard, but which
is expected to appear in the leachate at
concentrations above PQL, as defined in
35 Ill. Adm. Code 8l1.3l9(a)(4) for that
constituent.
H) Characterization of the seasonal and temporal,
naturally and artificially induced, variations
in groundwater quality and groundwater flow;
I) Identification of unusual or unpredicted
geologic features, including: fault zones,
fractures traces, facies changes, solution
channels, buried stream deposits, cross
cutting structures and other geologic features
that may affect the ability of the operator to
monitor the groundwater or predict the impact
of the disposal facility on groundwater.
2) In addition to the specific requirements applicable
to Phase I and II Investigations, the operator
shall collect information needed to meet the
minimum standards of a Phase III Investigation by
using methods that may include, but not be limited
to, excavation to test pits, additional borings
located at intermediate points between boreholes
placed during Phase I and II Investigations,
placement of piezometers and monitoring wells, and
institution of procedures for sampling and
analysis.
f) The operator may conduct the hydrogeologic investigation
in any number of alternative ways provided that the
necessary information is collected in a systematic
sequence consisting of at least three phases that is
equal to or superior to the investigation procedures of
this Section.
Section 817.409 Plugging and Sealing of Drill Holes
All drill holes, including exploration borings that are not
converted into monitoring wells, monitoring wells that are no
longer necessary to the operation of the site, and other holes
118—388
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that may cause or facilitate contamination of groundwater shall
be sealed in accordance with the following standards:
a) If not sealed or plugged immediately, the drill hole
shall be covered to prevent injury to people or animals.
b) All drill holes no longer intended for use shall be
back-filled with materials that are compatible with the
geochemistry of the site and with the leachate in
sufficient quantities and in such a way as to prevent
the creation of a pathway for contaminants to migrate.
c) For drill holes in gravels and other permeable strata
where a watertight seal is not necessary to prevent the
creation of pathway, drill cuttings and other earthen
materials may be utilized as backfill.
d) All excess drilling mud, oil, drill cuttings, and any
other contaminated materials uncovered during or created
by drilling shall be disposed of in accordance with the
requirements of 35 Ill. Adm. Code 700 through 749, 807,
and 809 through 815.
e) The operator shall restore the area around the drill
hole to its original condition.
Section 817.410 Groundwater Impact Assessment
This impacts of the leachate seepage of leachate from the unit
shall be assessed in a systematic fashion using the techniques
described in this Section.
a) Procedures for Performing the Groundwater Impact
Assessment
1) The operator shall estimate the amount of seepage
from the unit during operations which assume:
A) That the minimum design standards for slope
configuration, cover, liner, leachate drainage
and collection system apply; and
B) That the actual design standards planned for
the unit apply. Other designs for the unit
may be used if determined by the operator to
be appropriate to demonstrate the impacts to
groundwater.
2) The concentration of constituents in the leachate
shall be determined from actual leachate samples
from the waste or similar waste, or laboratory
derived extracts.
118—389
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Section 817.411 Design, Construction and Operations of
Groundwater Monitoring Systems
a) All potential sources of discharges to groundwater
within the facility, including, but not limited to, all
waste disposal units, shall be identified and studied
through a network of monitoring wells operated during
the active life of the unit and for the time after
closure specified in accordance with Section 817.412.
Monitoring wells designed and constructed as part of the
monitoring network shall be maintained along with
records that include, but are not limited to, exact well
location, well size, type of well, the design and
construction practice used in its installation and well
and screen depths.
b) Standards for the Location of Monitoring Points
1) A network of monitoring points shall be established
at sufficient locations downgradient with respect
to groundwater flow, and not excluding the downward
direction, to detect any discharge of contaminants
from any part of a potential source of discharge.
2) Monitoring wells shall be located in stratigraphic
horizons that could serve as contaminant migration
pathways.
3) Monitoring wells shall be established as close to
the potential source of discharge as possible
without interfering with the waste disposal
operations, and within half the distance from the
edge of the potential source of discharge to the
edge of the zone of attenuation downgradient, with
respect to groundwater flow, from the source.
4) The network of monitoring points of several
potential sources of discharge within a single
facility may be combined into a single monitoring
network, provided that discharges from any part of
all potential sources can be detected.
5) A minimum of at least one monitoring well shall be
established at the edge of the zone of attenuation
and shall be located downgradient with respect to
groundwater flow and not excluding the downward
direction, from the unit. Such well or wells shall
be used to monitor any statistically significant
increase in the concentration of any constituent,
in accordance with Section 817.413(e) and shall be
used for determining compliance with an applicable
groundwater quality standard of Section 817.413.
An observed statistically significant increase
118—390
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above the applicable groundwater quality standards
of Section 817.413 in a well located at or beyond
the compliance boundary shall constitute a
violation.
c) Maximum Allowable Predicted Concentrations
The operator shall use the same calculation methods,
data, and assumptions as used in the groundwater impact
assessment to predict the concentration over time and
space of all constituents chosen to be monitored in
accordance with Section 817.412 at all monitoring
points. The predicted values shall be used to establish
the maximum allowable predicted concentrations (MAPCs)
at each monitoring point. The MAPCs calculated in this
subsection shall be applicable within the zone of
attenuation.
d) Standards for Monitoring Well Design and Construction
1) All monitoring wells shall be cased in a manner
that maintains the integrity of the borehole. The
casing material shall be inert so as not to affect
the water sample. Casing requiring solvent—cement
type coupling shall not be used.
2) Wells shall be screened to allow sampling only at
the desired interval. Annular space between the
borehole wall and well screen section shall be
packed with gravel sized to avoid clogging by the
material in the zone being monitored. The slot
size of the screen shall be designed to minimize
clogging. Screens shall be fabricated from
material expected to be inert with respect to the
constituents of the groundwater to be sampled.
3) Annular space above the well screen section shall
be sealed with a relatively impermeable, expandable
material such as a cement/bentonite grout, which
does riot react with or in any way affect the
sample, in order to prevent contamination of
samples and groundwater and avoid interconnec-
tions. The seal shall extend to the highest known
seasonal groundwater level.
4) The annular space shall be back-filled with
expanding cement grout from an elevation below the
frost line and mounded above the surface and sloped
away from the casing so as to divert surface water
away.
118—391
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5) The annular space between the upper and lower seals
and in the unsaturated zone may be back filled with
uncontaminated cuttings.
6) All wells shall be covered with vented caps and
equipped with devices to protect against tampering
and damage.
7) All wells shall be developed to allow free entry of
water, minimize turbidity of the sample, and
minimize clogging.
8) The transmissivity of the zone surrounding all well
screens shall be established by field testing
techniques.
9) Other sampling methods and well construction
techniques may be utilized if they provide equal or
superior performance to the requirements of this
subsection.
e) Standards for Sample Collection and Analysis
1) The groundwater monitoring program shall include
consistent sampling and analysis procedures to
assure that monitoring results can be relied upon
to provide data representative of groundwater
quality in the zone being monitored.
2) The operator shall utilize procedures and
techniques to insure that collected samples are
representative of the zone being monitored and that
prevent cross contamination of samples from other
monitoring wells or from other samples. At least
95 percent of a collected sample shall consist of
groundwater from the zone being monitored.
3) The operator shall establish a quality assurance
program that provides quantitative detection limits
and the degree of error for analysis of each
chemical constituent.
4) The operator shall establish a sample preservation
and shipment procedure that maintains the
reliability of the sample collected for analysis.
5) The operator shall institute a chain of custody
procedure to prevent tampering arid contamination of
the collected samples prior to completion of
analysis.
6) At a minimum, the operator shall sample the
following parameters at all wells at the time of
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sample collection and immediately before filtering
and preserving samples for shipment:
A) The elevation of the water table;
B) The depth of the well below ground;
C) pH;
D) The temperature of the sample; and
E) Specific Conductance.
Section 817.412 Groundwater Monitoring Programs
a) Detection Monitoring Program
Any use of the term “maximum allowable predicted
concentration” in this Section is a reference to Section
817.411(c). The operator shall implement a detection
monitoring program in accordance with the following
requirements;
1) Monitoring Schedule and Frequency
A) The monitoring period shall begin as soon as
waste is placed into the unit of a new
landf ill or within one year of the effective
date of this Part for an existing landfill.
Monitoring shall continue for a minimum period
of 15 years after closure. The operator shall
sample all monitoring points for all potential
sources of contamination on a quarterly basis
except as specified in subsection (a)(3) or
may institute more frequent sampling
throughout the time the source constitutes a
threat to groundwater. For the purposes of
this Section, the source shall be considered a
threat to groundwater, if the results of the
monitoring indicate that the concentrations of
any of the constituent monitored within the
zone of attenuation are above the MAPC for
that constituent.
B) Beginning 15 years after closure of the unit,
or five years after all other potential
sources of discharge no loner constitute a
threat to groundwater, as defined in
subsection (a)(l)(A), the monitoring frequency
may change on a well by well basis to an
annual schedule if either of the following
conditions exist. However, monitoring shall
return to a quarterly schedule at any well
where a statistically significant increase is
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determined to have occurred in accordance with
Section 817.413(e), in the concentration of
any constituent with respect to the previous
sample.
i) All constituents monitored within the
zone of attenuation have returned to a
concentration less than or equal to ten
percent of the maximum allowable
predicted concentration; or
ii) All constituents monitored within the
zone of attenuation are less than or
equal to their MAPC for eight consecutive
quarters.
C) Monitoring shall be continued for a minimum
period of five years after closure or, in the
case of landfills, other than those used
exclusively for disposing waste generated at
the site, a minimum period of 15 years after
closure. Monitoring, beyond the minimum
period, may be discontinued under the
following conditions:
i) No statistically significant increase is
detected in the concentration of any
constituent above that measured and
recorded during the immediately preceding
scheduled sampling for three consecutive
years, after changing to an annual
monitoring frequency; or
ii) Immediately after contaminated leachate
is no longer generated by the unit.
2) Criteria for Choosing Constituents to be Monitored
A) The operator shall monitor each well for
constituents that will provide a means for
detecting groundwater contamination.
Constituents shall be chosen for monitoring if
they meet the following requirements:
i) The constituent appears in, or is
expected to be in, the leachate; and
ii) The Illinois Pollution Control Board
(Board) has established for the
constituent a public or food processing
water supply standard, at 35 Ill. Adm.
Code 302, the Board has established a
groundwater quality standard under the
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Illinois Groundwater Protection Act (Ill.
Rev. Stat. 1989, ch. lii 1/2, pars. 7451
et seq.), or the constituent may
otherwise cause or contribute to
groundwater contamination.
B) One or more indicator constituents,
representative of the transport processes of
constituents in the leachate, may be chosen
for monitoring in place of the constituents it
represents. The use of such indicator
constituents must be included in an Illinois
Environmental Protection Agency (Agency)
approved permit.
3) Confirmation of Monitored Increase
A) The confirmation procedures of this Section
shall be used only if the concentrations of
the constituents monitored can be measured at
or above the practical quantitation limit
(PQL). The PQL is defined as the lowest
concentration that can be reliably measured
within specified limits of precision and
accuracy under routine laboratory operating
conditions. The operator shall institute the
confirmation procedures of subsection
(a)(4)(B) after notifying the Agency in
writing, within ten days, of the following
observed increases:
i) The concentration of any constituent
monitored in accordance with subsection
(a)(l) and (a)(2) shows a progressive
increase over four consecutive quarters;
ii) The concentration of any constituent
exceeds the maximum allowable predicted
concentration at an established
monitoring point within the zone of
attenuation;
iii) The concentration of any constituent
monitored in accordance with subsection
(a)(3) exceeds the preceding measured
concentration at any established
monitoring point; and
iv) The concentration of any constituent
monitored at or beyond the zone of
attenuation exceeds the applicable
groundwater quality standards of Section
817.413.
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B) The confirmation procedures shall include the
following:
i) The operator shall verify any observed
increase by taking additional samples
within 45 days of the initial observation
and ensure that the samples and sampling
protocol used will detect any
statistically significant increase in the
concentration of the suspect constituent
in accordance with subsection 817.413(e),
so as to confirm the observed increase.
The operator shall notify the Agency of
any confirmed increase before the end of
the next business day following the
confirmation;
ii) The operator shall determine the source
of any confirmed increase, which may
include, but shall not be limited to,
natural phenomena, sampling or analysis
errors, or an off-site source; and
iii) The operator shall notify the Agency in
writing of any confirmed increase and
state the source of the confirmed
increase and provide the rationale used
in such a determination within ten days
of the determination.
b) Assessment Monitoring
The operator shall begin an assessment monitoring
program in order to confirm the source of the
contamination and to provide information needed to carry
out a groundwater impact assessment in accordance with
subsection
(C).
The assessment monitoring program shall
be conducted in accordance with the following
requirements:
1) The assessment monitoring shall be conducted to
collect information to assess the nature and extent
of groundwater contamination, which shall consist
of, but not be limited to, the following steps:
A) More frequent sampling of the wells in which
the observation occurred;
B) More frequent sampling of any surrounding
wells;
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C) The placement of additional monitoring wells
to determine the source and extent of the
contamination;
D) Monitoring of additional constituents that
might indicate the source and extent of
contamination; and
E) Any other investigative techniques that will
assist in determining the nature and extent of
the contamination.
2) The operator of the facility for which assessment
monitoring is required shall file the plans for an
assessment monitoring program with the Agency. If
the facility is permitted by the Agency, then the
plans shall be filed for review as a significant
permit modification pursuant to 35 Ill. Adm. Code
8l3.Subpart B. The assessment monitoring program
shall be implemented within 90 days of confirmation
of any monitored increase in accordance with
subsection (a)(4) or, in the case of permitted
facilities, within 90 days of the Agency approval.
3) If the analysis of the assessment monitoring data
shows that the concentration of one or more
constituents, monitored at or beyond the zone of
attenuation is above the applicable grOundwater
quality standards of Section 817.413 and is
attributable to the solid waste disposal facility,
then the operator shall determine the nature and
extent of the groundwater contamination including
an assessment of the potential impact on the
groundwater should waste continue to be accepted at
the facility and shall implement remedial action ii
accordance with subsection (d).
4) If the analysis of the assessment monitoring data
shows that the concentration of one or more
constituents is attributable to the solid waste
disposal facility and exceeds the maximum allowab
predicted concentration within the zone of
attenuation, then the operator shall conduct a
groundwater impact assessment in accordance with
the requirements of subsection (C).
c) Assessment of Potential Groundwater Impact
An operator required to conduct a groundwater impact
assessment in accordance with subsection (b)(4) shaU
assess the potential impacts outside the zone of
attenuation that may result from confirmed increases
above the MAPC within the zone of attenuation,
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attributable to the facility, in order to determine if
there is need for remedial action. In addition to the
requirements of 35 Ill. Adm. Code 811.317, the following
shall apply:
1) The operator shall utilize any new information
developed since the initial assessment and
information from the detection and assessment
monitoring programs and such information may be
used for the recalibration of the GCT model; and
2) The operator shall submit the groundwater impact
assessment and any proposed remedial action plans
determined necessary pursuant to subsection (d) to
the Agency within 180 days of the start of the
assessment monitoring program.
d) Remedial Action
1) The operator shall submit plans for the remedial
action to the Agency. Such plans and all
supporting information including data collected
during the assessment monitoring shall be submitted
within 90 day of determination of either of the
following:
A) The groundwater impact assessment performed
in
accordance with subsection (c) indicates that
remedial action is needed; or
B) Any confirmed increase above the applicable
groundwater quality standards of Section
817.413 is determined to be attributable to
the solid waste disposal facility in
accordance with subsection (b).
2) If the facility has been issued a permit by the
Agency, then the operator shall submit this
information as an application for significant
modification to the permit.
3) The operator shall implement the plan for remedial
action within 90 days of the following:
A) Completion of the groundwater impact
assessment under subsection (c) that requires
remedial action;
B) Establishing that a violation of an applicable
groundwater quality standard of Section
817.413 is attributable to the solid waste
disposal facility in accordance with
subsection (b)(3); or
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C) Agency approval of the remedial action plan,
where the facility has been permitted by the
Agency.
4) The remedial action program shall consist of one or
a combination of one or more of the following
solutions:
A) Retrofit additional groundwater protective
measures within the unit;
B) Construct an additional hydraulic barrier,
such as a cutoff wall or slurry wall system;
C) Pump and treat the contaminated groundwater;
or
D) Any other equivalent technique which will
prevent further contamination of groundwater.
5) Termination of the Remedial Action Program
A) The remedial action program shall continue in
accordance with the plan until monitoring
shows that the concentrations of all monitored
constituents are below the MAPC within the
zone of attenuation, arid below the applicable
groundwater quality standards of Section
817.413 at or beyond the zone of attenuation,
over a period of four consecutive quarters.
B) The operator shall submit to the Agency all
information collected under the subsection
(d)(5)(A). If the facility is permitted then
the operator shall submit this information as
significant modification of the permit.
Section 817.413 Groundwater Quality Standards
a) Applicable Groundwater Quality Standards
1) Groundwater quality shall be maintained at each
constituent’s background concentration, at or
beyond the zone of attenuation. The applicable
groundwater quality standard established for any
constituent shall be:
A) The background concentration; or
B) The Board established standard adjusted by the
Board in accordance with the justification
procedure of subsection (b).
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2) Any statistically significant increase above an
applicable groundwater quality standard established
pursuant to subsection (a) that is attributable to
the facility and which occurs at or beyond the zone
of attenuation within 100 years after closure of
the last unit accepting waste within such a
facility shall constitute a violation.
3) For the purposes of this Part:
A) “Background concentration” means that
concentration of a constituent that is
established as the background in accordance
with subsection (d); and
B) “Board established standard” is the
concentration of a constituent adopted by the
Board as a standard for public and food
processing water supplies under 35 Ill. Adm.
Code 302 or as a groundwater quality standard
adopted by the Board pursuant to Section 14.4
of the Act or Section 8 of the Illinois
Groundwater Protection Act (Ill. Rev. Stat.
1989, ch. 111 1/2, par. 7458), whichever is
lower.
b) Justification for Adjusted Groundwater Quality Standards
1) An operator may petition the Board for an adjusted
groundwater quality standard in accordance with the
procedures specified in Section 28.1 of the Act and
35 Ill. Adm. Code 106.410 through 106.416;
2) For groundwater which contains naturally occurring
constituents which meet the requirements of 35 Ill.
Adm. Code 302.301, 302.304 and 302.305, the Board
will specify adjusted groundwater quality standards
no greater than those of 35 Ill. Adm. Code 302.301,
302.304, and 302.305, upon a demonstration by the
generator that:
A) The change in standards will not interfere
with, or become injurious to, any present or
potential beneficial uses for such waters;
B) The change in standards is necessary for
economic or social development by providing
information including, but not limited to, the
impacts of the standards on the regional
economy, social disbenefits such as loss of
jobs or closing of landfills and economic
analysis contrasting the health and
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3—
environmental benefits with costs likely to be
incurred in meeting the standards; and
C) All technically feasible and economically
reasonable methods are being used to prevent
the degradation of the groundwater qUality.
3) For groundwater which contains naturally occurring
constituents which do not meet the standards of 35
Ill. Adm. Code 302.301, 302.304, arid 302.305, the
Board will specify adjusted groundwater quality
standards, upon a demonstration by the operator
that:
A) The groundwater does not presently serve as a
source of drinking water;
B) The change in standards will not interfere
with, or become injurious to, any present or
potential beneficial uses for such waters;
C) The change in standards is necessary for
economic or social development, by providing
information including, but not limited to, the
impacts of the standards on the regional
economy, social disbenefits such as loss of
jobs or closing of landfills, and economic
analysis contrasting the health and
environmental benefits with costs likely to be
incurred in meeting the standards; and
D) The groundwater cannot presently, and will not
in the future, serve as a source of drinking
water because:
i) It is impossible to remove water in
usable quantities;
ii) The groundwater is situated at a depth or
location such that recovery of water for
drinking purposes is not technologically
feasible or economically reasonable;
iii) The groundwater is so contaminated that
it would be economically or
technologically impractical to render
that water fit for human consumption;
iv) The total dissolved solids content of the
groundwater is more than 3,000 mg/i and
that the water will not be used to serve
a public water supply system; or
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v) The total dissolved solids content of the
groundwater exceeds 10,000 mg/i.
c) Determination of the Zone of Attenuation
1) The zone of attenuation, within which
concentrations of constituents in leachate
discharged from the unit may exceed the applicable
groundwater quality standard of this Section, is a
volume bounded by a vertical plane at the property
boundary or 100 feet from the edge of the unit,
whichever is less, extending from the ground
surface to the bottom of the uppermost aquifer and
excluding the volume occupied by the waste.
2) Zones of attenuation shall not extend to the annual
high water mark of navigable surface waters.
3) Overlapping zones of attenuation from units within
a single facility may be combined into a single
zone for the purposes of establishing a monitoring
network.
d) Establishment of Background Concentrations
1) The initial monitoring to determine background
concentrations shall commence during the
hydrogeological assessment required by Section
817.408. The background concentrations for those
parameters identified in 35 Ill. Adm. Code
8ll.308(e)(l)(G) and 8l7.4l2(a)(2) and (a)(3) shall
be established based on quarterly sampling of wells
for one year, monitored in accordance with the
requirements of subsections (d)(2), (d)(3) and
(d)(4), which may be adjusted during the operation
of a facility. Statistical tests and procedures
shall be employed, in accordance with subsection
(e), depending on the number, type and frequency of
samples collected from the wells, to establish the
background concentrations. Adjustments to the
background concentrations shall be made only if
changes in the concentrations of constituents
observed in upgradient wells over time are
determined, in accordance with subsection (3), to
be statistically significant. Background
concentrations determined in accordance with this
subsection shall be used for the purposes of
establishing groundwater quality standards, in
accordance with subsection (a). The operator shall
prepare a list of background concentrations
established in accordance with this subsection.
The operator shall maintain such a list at the
facility, shall submit a copy of the list to the
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Agency for establishing standards in accordance
with subsection (a), and shall provide updates to
the list within ten days of any change to the list.
2) A network of monitoring wells shall be established
upgradient from the unit, with respect to
groundwater flow, in accordance with the following
standards, in order to determine the background
concentrations of constituents in the groundwater:
A) The wells shall be located at such a distance
that discharges of contaminants from the unit
will not be detectable;
B) The wells shall be sampled at the same
frequency as other monitoring points to
provide continuous background concentration
data, throughout the monitoring period; and
C) The wells shall be located at several depths
to provide data on the spatial variability.
3) A determination of background concentrations may
include the sampling of wells that are not
hydraulicially upgradient of the waste unit where:
A) Hydrogeologic conditions do not allow the
owner or operator to determine what wells are
hydraulically upgradient of the waste; and
B)
Sampling at other wells will provide an
indication of background concentrations that
is representative of that which would have
been provided by upgradient wells.
4) If background concentrations cannot be determined
on site, then alternative background concentrations
may be determined from actual monitoring data from
the aquifer of concern, which includes, but is not
limited to, data from another landfill site that
overlies the same aquifer.
e) Statistical Analysis of Groundwater Monitoring Data
1) Statistical tests shall be used to analyze
groundwater monitoring data. One or more of the
normal theory statistical tests listed in
subsection (e)(4) shall be chosen first for
analyzing the data set or transformation of the
data set. Where such normal theory tests are
demonstrated to be inappropriate, tests listed in
subsection (e)(5) or a test in accordance with
subsection (e)(6) shall be used. Any statistical
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test chosen from subsections (e)(4) or (e)(5), the
level of significance (Type 1 error level) shall be
no less than 0.01 for individual well comparisons,
and no less than 0.05 for multiple well
comparisons. The statistical analysis shall
include, but riot be limited to, the accounting of
data below, the detection limit of the analytical
method used, the establishment of background
concentrations and the determination of whether
statistically significant changes have occurred in:
A) The concentration of any chemical constituent
with respect to the background concentration
or maximum allowable predicted concentration;
and
B) The established background concentration of
any chemical constituents over time.
2) The statistical test or tests used shall be based
upon the sampling and collection protocol of
Sections 817.411 and 817.412.
3) Monitored data that are below the level of
detection shall be reported as not detected (ND).
The level of detection for each constituent shall
be the minimum concentration of that constituent
which can be measured and reported with 99 percent
confidence that the true value is greater than
zero, which is defined as the method detection
limit (MDL). The following procedures shall be
used to analyze such data, unless an alternative
procedure in accordance with subsection (e)(6) is
shown to be applicable:
A) Where the percentage of riondetects in the data
base used is less than 15 percent, the
operator shall replace ND5 with the MDL
divided by two, then proceed with the use of
one or more of the Normal Theory statistical
tests listed in subsection (e)(4);
B) Where the percentage of nondetected in the
data base or data transformations used is
between 15 and 50 percent, and the data are
normally distributed, the operator shall use
Cohen’s adjustment to the sample mean and
standard deviation, followed by one or more of
the tests listed in subsection (e)(4)(C).
However, where data are not normally
distributed, the operator shall use an
applicable noriparametric test from subsection
(e) (5);
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C) Where the percentage of nondetects in the
database used is above 50 percent, then the
owner or operator shall use the test of
proportions listed in subsection (e)(4).
4) Normal theory statistical tests:
A) Student t—test including, but not limited to,
Cochran’s Approximation to the Behren—Fisher
(CABF) t-test and Averaged Replicate (AR) t—
test.
B) Parametric analysis of variance (ANOVA)
followed by one or more of the multiple
comparison procedures including, but not
limited to, Fisher’s Least Significant
Difference (LSD), Student Newman—Kuel
procedure, Duncan’s New Multiple Range Test
and Tukey’s W procedure.
C) Control Charts, Prediction Intervals and
Tolerance Intervals, for which the Type I
error levels shall be specified by the Agency
in accordance with the requirements of 35 Ill.
Adrn. Code 724.197(i).
5) Nonparametric statistical tests shall include:
Mann—Whitney U—test, Kruskal—Wallis test, a non—
parametric analysis of variance (ANOVA) for
multiple comparisons or the Wilcoxon Rank Sum test;
arid
6) Any other statistical test based on the
distribution of the sampling data may be used, if
it is demonstrated to meet the requirements of 35
Ill. Adm. Code 724.197(1).
Section 817.414 Waste Placement
a) Phasing of Operations
1) Waste disposal operations shall move from the
lowest portions of the unit to the highest
portions. Except as provided in subsection (a)(2),
the placement of waste shall begin in the lowest
part of the active fact of the unit, located in the
part of the facility most downgradient with respect
to groundwater flow.
2) The operator may dispose of wastes in areas other
than those specified in subsection (a)(l) only
under any of the following conditions:
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A) Climatic conditions, such as wind and
precipitation, are such that the placement of
waste in the bottom of the unit would cause
water pollution, litter, damage to any part of
the liner or damage to equipment;
B) The topography of the land surrounding the
unit makes the procedure of subsection (a)(l)
environmentally unsound, for example, because
steep slopes surround the unit;
C) When groundwater monitoring wells, constructed
in accordance with the requirements of 35 Ill.
Mm. Code 811.319, are placed 50 feet, or
less, downgradient from the filled portions of
the unit; or
El) Equipment required for placement is
temporarily unavailable.
b) Initial Waste Placement
1) An initial layer of waste, a minimum of five feet
thick, shall be placed over the entire liner as
soon as is practicable after construction, but
prior to the onsetof weather conditions that may
cause the compacted earth liner to freeze.
2) Waste shall not be placed over areas that are
subject to freezing conditions until the liner has
been inspected, tested, and reconstructed (if
necessary) to meet the requirement of 35 Iii. Adm.
Code 811.306.
Section 817.415 Final Slope and Stabilization
a) All final slopes shall be designed and constructed to a
grade capable supporting vegetation and which minimizes
erosion.
b) All slopes shall be designed to drain runoff away from
the cover and which prevents ponding. No standing wate
shall be allowed anywhere in or on the unit.
c) Vegetation
1) Vegetation shall be promoted on all reconstructed
surfaces to minimize wind and water erosion of th
final protective cover.
2) Vegetation shall be compatible with the climatic
conditions.
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3) vegetation shall require little maintenance.
4) Vegetation shall consist of a diverse mix of native
and introduced species that is consistent with the
postclosure land use.
5) Vegetation shall be tolerant of the landfill gas
expected to be generated.
6) The root depth of the vegetation shall not exceed
the depth of the final protective cover system.
7) Temporary erosion control measures including, but
not limited to, mulch straw, netting and chemical
soil stabilizers, shall be undertaken while
vegetation is being established.
d) Structures Constructed Over the Unit
1) Structures constructed over the unit must be
compatible with the land use; and
2) Such structures must in no way interfere with the
operation of a cover system, leachate collection
system or any monitoring system.
Section 817.416 Load Checking
a) The operator shall not accept wastes for disposal at an
offsite low risk waste landfill unless it is accompanied
by documentation that such wastes are low risk wastes
based on testing of the leachate from such wastes
performed in accordance with the requirements of Sectior
817.102.
b) The operator shall institute and conduct a random load
checking program at each low risk waste facility in
accordance with the requirements of 35 Ill. Mm. Code
811.323 except that this program shall also be designec
1) to detect and discourage attempts to dispose non—
low risk wastes at the landfill;
2) to require the facility’s inspector examine at
least one random load of solid waste delivered t
the landfill on a random day each week; and
3) to require the operator to test one randomly
selected waste sample in accordance with Sectior
817.102(a) and (b) to determine if the waste is
risk.
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b) The operator shall include the results of the load
checking in the Annual Report submitted to the Agency in
accordance with 35 Ill. Adm. Code 8l5.Subpart C for non—
permitted facilities.
IT IS SO ORDERED.
I, Dorothy M. Gum, Clerk of the Illinois Pollution Control
Board, hereby certif that the ab ye Opinion and Order was
adopt~on the _______day of
~‘~_LL~L~j_ ,
1991, by a vote
Dorothy M. ~nn, Clerk
/~J
Illinois P9lution Control Board
118—408
