)

R88—7

(Rulemaking)

ILLINOIS POLLUTION CONTROL BOARD

June

7,

1990

IN THE MATTER OF:

DEVELOPMENT,

 OPERATING

AND

REPORTING REQUIREMENTS FOR

MON-HAZARDOUS WASTE LANDFILLS

PROPOSED RULES.

 SECOND NOTICE.

PROPOSED ORDER OF THE BOARD

 (by J. Anderson):

The Board hereby proposes the following rules for Second

Notice pursuant to Ill.

 Rev.

 Stat.

 1989,

ch.

 127, par.

1005.01(b).

 A discussion

 of the proposed rules and all public

comments received to date appears in

 a separate Opinion of this

same date.

 The text of the proposed rules will not appear

 in the

bound opinion volumes due to their extreme length.

The Board hereby directs the Clerk of the Board

 to cause a

copy of the proposed rules, together with the necessary

supporting documents,

 to be forwarded to the Joint Committee on

Administrative Rules.

IT IS SO ORDERED.

J.

 Dumelle and B.

 Forcade concurred.

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board,

 do hereby certify that the above Order was adopted on the

day of

____________,

 1990,

 by a vote of

lerk

Control Board

112—133

2

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

 SOLID WASTE

AND

SPECIAL WASTE

HAULING

PART 807

SOLID WASTE

SUBPART A:

 GENERAL PROVISIONS

Authority,

 Policy and Purposes

Repeals

SUBPART B:

 SOLID WASTE PERMITS

Section

807.201

807.202

807.203

807.204

807.205

807.206

807.207

807.208

807.209

807 .210

807 .211

807.212

807.213

807.214

Section

807. 301

807.302

807.303

807.304

807.305

807.306

807.307

807.308

807.309

807.310

807.311

807.312

807.313

807.314

807.315

807.316

807.317

Development Permits

Operating Permits

Experimental Permits

Former Authorization

Applications for Permit

Permit Conditions

Standards for Issuance

Permit No Defense

Permit Revision

Supplemental Permits

Transfer of Permits

Permit Revocation

 Design,

 Operation

 arid Maintenance Criteria

Revised Cost Estimates

SUBPART C:

 SANITARY LANDFILLS

Prohibition

Compliance with Permit

Methods of Operation

Equipment,

 Personnel and Supervision

Cover

Litter

Salvaging

Scavenging

Animal Feeding

Special Wastes

Open Burning

Air Pollution

Water Pollution

Standard Requirements

Protection of Waters of the State

Application

Operating Records

Section

807 .101

807.102

807.103

807. 104

807. 105

Severability

Definitions

Relation to Other Rules

I12—1~34

3

807.318

 Completion or Closure Requirements

SUBPART

E:

 CLOSURE

AND

 POST-CLOSURE CARE

Section

807.501

807.502

807.503

807.504

807. 505

807. 506

807.507

807.508

807.509

807.523

807.524

Purpose,

 Scope and Applicability

Closure Performance Standard

Closure Plan

Amendment of Closure Plan

Notice of Closure and Final Amendment to Plan

Initiation of Closure

Partial Closure

Certification of Closure

Use of Waste Following Closure

 Postclosure Care Plan

Implementation and Completion of Postclosure Care Plan

SUBPART

F:

 FINANCIAL ASSURANCE FOR CLOSURE AND POSTCLOSURE CARE

Purpose,

 Scope and Applicability

Requirement to Obtain Financial Assurance

Time for Submission of Financial Assurance

Upgrading Financial Assurance

Release of Financial Institution

Application of Proceeds and Appeal

Release of the Operator

Current Cost Estimate

Cost Estimate for Closure

Cost Estimate for Postclosure Care

Biennial Revision of Cost Estimate

Interim Formula for Cost Estimate

Mechanisms for Financial Assurance

Use of Multiple Financial Mechanisms

Use of Financial Mechanism for Multiple Sites

Trust Fund for Unrelated Sites

RCRA Financial Assurance

Trust Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter of Credit

Closure Insurance

Self—insurance for Non-commercial Sites

Appendix A

 Financial Assurance Forms

Illustration A Trust Agreement

Illustration B Certificate of Acknowledgment

Illustration C Forfeiture Bond

Illustration D Performance Bond

Illustration E Irrevocable Standby Letter of Credit

Illustration F Certificate of Insurance for Closure and/or

Postclosure Care

Operator’s Bond Without Surety

Operator~sBond With Parent Surety

Section

807.600

807.601

807.602

 807. 603

807.604

807.605

807.606

807.620

807.621

807.622

807.623

807.624

807.640

807.641

807.642

807.643

807.644

807.661

807. 662

807. 663

807.664

807

665

807.666

Illustrati.on G

Illustration H

i12—135

4

Illustration

 I Letter from Chief Financial Officer

Appendix B

 Old Rule Numbers Referenced

AUTHORITY:

 Implementing Sections

5,

 21.1 and 22 and authorized

by Section 27 of the Environmental Protection Act

 (Ill.

 Rev.

Stat.

 1989,

ch.

 111 1/2,

 pars.

 1005,

 1021.1,

 1022 and 1027)

SOURCE:

 Adopted as an emergency rule and filed with the

Secretary of State July 27,

 1973; amended at

2

 Ill. Reg.

16,

p.

3,

 effective April

10,

 1978; codified at

7

 Ill. Reg.

 13636;

recodified from Subchapter h to Subchapter

at

 8 Ill.

 Reg.

13198; emergency amendment

 in R84-22A at 9

 Ill. Reg.

 741,

effective January

 3, 1985 for a maximum of 150 days;

 amended in

 R84—22B at

 9 Ill.

 Reg.

 6722,

 effective April 29,

 1985; amended in

R84—22C at

 9 Ill.

 Reg.

 18942, effective November 25,

 1985;

amended in R88—7 at

14

 Ill.

 Reg.

 effective

NOTE:

 Capitalization denotes statutory language.

SUBPART

A:

 GENERAL PROVISIONS

Section 807.105

 Relation to Other Rules

~j

 Persons and facilities regulated pursuant to 35

 Ill.

Adm. Code 700 through 749 are not sublect to the

requirements

 of this Part or of 35

 Ill.

 Adrn.

 Code 811

through 815.

 However,

 if such

 a facility also contains

one or more units used solely for the disposal of solid

wastes,

 as defined in

 35 Ill.

 Adm.

 Code 810.103.

 such

units are sub-ject to requirements

 of this Part and

35

Ill. Adm.

 Code 811 through 815.

bJ

 Persons and facilities subect to 35

 Ill.

 Adm. Code

807,

 809 or 811 through 815 may be subject to other

applicable Parts of 35 Ill.

 Adni.

 Code:

 Chapter I based

on the language of those other Parts.

 Specific

examples of such applicability are provided

as

explained at

 35 Ill.

 Adni.

 Code 700.102.

gj

 The requirements of

35

 Ill. Adm. Code 810 through 815

are intended to supersede the requirements of this

Part.

 Persons and facilities regulated pursuant to 35

Ill.

 Adni. Code 810 through

 815 are not sublect to the

requirements

 of this Part.

 This Part does not apply to

new units as defined

 in 35

 Ill.

 Adrn.

 Code 810.103.

Source:

 Added at

14

 Ill.

 Reg.

 effective

112—136

5

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

1:

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 810

SOLID WASTE DISPOSAL:

 GENERAL PROVISIONS

Section

810.101

 Scope and Applicability

810. 102

 Severability

810.103

 Definitions

810.104

 Incorporations by Reference

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

 22 and 22.17, 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 and 1027).

SOURCE:

 Adopted in R88-7

at

14

 Ill. Reg.

 effective

NOTE:

 Capitalization indicates statutory language.

Section 810.101

 Scope and Applicability

This Part applies to all solid waste disposal facilities

regulated pursuant to 35

 Ill.

 Adni. Code 811 through 815.

 This

Part does not apply to hazardous waste management facilities

regulated pursuant to 35 Ill. Adm.

 Code 700 through 750.

Section 810.102

 Severability

If any provision of this Part or of

 35 Ill.

 Adni.

 Code 811 through

815 or its application to any person or under any circumstances

is adjudged invalid, such adjudication shall not affect the

validity of this Part or of 35 Ill.

 Adm. Code 811 through 815 as

a whole or of any portion not adjudged invalid.

Section 810.103

 Definitions

Except as stated in this Section,

 or 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 that applied to

the same words or terms in the Environmental Protection Act

 (Act)

(Ill.

 Rev. Stat.

 1989,

ch.

 111 1/2,

 pars.

 1001 et. seq.):

“Act” means the Environmental Protection Act,

 Ill. Rev.

Stat.

 1989,

ch.

 ill 1/2, pars.

1001

 et. seq.

“AGENCY” IS THE ENVIRONMENTAL PROTECTION AGENCY

 ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT.

(Section 3.08 of the Act.)

112—137

6

“Admixtures” are chemicals added to earth materials to

improve for a specific application the physical or

chemical properties of the earth materials.

 Admixtures

include, but are not limited to:

 lime, cement,

bentonite and sodium silicate.

“Applicant” means the person,

 submitting an appli—

cation to the Agency for a permit for a solid waste

disposal facility.

“AQUIFER”

MEANS

SATURATED

 (WITH GROUNDWATER)

 SOILS AND

GEOLOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO

READILY YIELD ECONOMICALLY USEFUL QUANTITIES OF WATER

TO WELLS,

 SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC

GRADIENTS and whose boundaries can be identified and

mapped from hydrogeologic data.

 (Section

 3 of the

Groundwater Protection Act

 (Ill. Rev.

 Stat.

 1989,

ch.

111 1/2,

 par.

 7453).)

“Bedrock” means the solid rock formation immediately

underlying any loose superficial material such as soil,

alluvica or glacial drift.

“BOARD”

 IS THE POLLUTION CONTROL BOARD ESTABLISHED BY

THE ACT.

 (Section 3.04 of the Act.)

“Borrow area” means an area from which earthen material

is excavated for the purpose of constructing daily

 cover,

 final cover,

a

 liner, a gas venting system,

roadways or berins.

“Chemical waste” means a non-putrescible solid whose

characteristics

 are such that any contaminated leachate

is expected to be formed through chemical or physical

processes,

 rather than biological processes,

 and no gas

is expected to be formed as a result.

“Contaminated leachate” means any leachate whose

constituent violate the standards

 of 35 Ill. Adm. Code

811.202.

“Design Period” means that length of time determined by

the sum of the operating life of the solid waste

landfill facility plus the postclosure care period

necessary to stabilize the waste

 in the units.

“DISPOSAL” MEANS THE DISCHARGE, DEPOSIT,

 INJECTION,

DUMPING, SPILLING, LEAKING OR PLACING OF ANY SOLID

WASTE INTO OR ON ANY LAND OR WATER OR INTO ANY WELL

SUCH THAT SOLID WASTE OR ANY CONSTITUENT OF THE SOLID

WASTE MAY ENTER THE ENVIRONMENT BY BEING EMITTED INTO

112—138

7

THE AIR OR DISCHARGED INTO

ANY

WATERS,

 INCLUDING

GROUNDWATER.

 (Section 3.08 of the Act.)

 If the solid

waste

 is accumulated and not confined or contained to

prevent its entry into the environment,

 or there

 is no

certain plan for its disposal elsewhere, such

accumulation shall constitute disposal.

“Disturbed areas” means those areas within a facility

that have been physically altered during waste disposal

operations or during the construction of any part of

the facility.

“Documentation” means

 items,

 in any tangible form,

whether directly legible or legible with the aid of any

machine or device,

 including but not limited to

affidavits,

 certificates, deeds,

 leases,

 contracts or

other binding agreements,

 licenses, permits,

photographs,

 audio or video recordings,

 maps,

geographic surveys, chemical and mathematical formulas

or equations, mathematical and statistical calculations

and assumptions,

 research papers, technical reports,

technical designs and design drawings,

 stocks, bonds

and financial records, that are used to support facts

or hypothesis.

“Earth liners” means structures constructed from

naturally occurring soil material that has been

compacted to achieve a low permeability.

“Existing facility” or “Existing unit” means a facility

or unit which is not defined in this Section as a new

facility or a new unit.

“Facility” means

 a site and all equipment and fixtures

on a site used to treat,

 store or dispose of solid or

special wastes.

 A facility consists of an entire solid

or special waste treatment, storage or disposal

operation.

 All structures used in connection with or

 to facilitate the waste disposal operation shall be

considered a part of the facility.

 A facility may

include, but

 is not limited to, one or more solid waste

disposal units,

 buildings, treatment systems,

processing and storage operations,

 and monitoring sta-

tions.

“Field capacity” means that maximum moisture content of

a waste, under field conditions of temperature and

pressure,

 above which moisture is released by gravity

drainage.

“Gas collection system” means

 a system of wells,

trenches,

 pipes and other structures that collects and

112—139

8

transports the gas produced in a putrescible waste

disposal unit to one or more gas processing points.

The flow of gas through such a system may be produced

by naturally occurring gas pressure gradients or may be

aided by an induced draft generated by mechanical

means.

“Gas condensate” means the liquid formed as a landfill

gas is cooled or compressed.

“Gas venting system” means a system of wells,

 trenches,

pipes and other related structures that vents the gas

produced in a putrescible waste disposal unit to the

atmosphere.

“Geoinembranes” means manufactured membrane liners and

barriers of

 low permeability used to control the migra-

tion of fluids or gases.

“Geotextiles” are permeable manufactured materials used

 for purposes which include, but are not limited to,

strengthening soil, providing a filter to prevent

clogging of drains, collecting and draining liquids and

gases beneath the ground surface.

“GROUNDWATER” MEANS UNDERGROUND WATER WHICH OCCURS

WITHIN THE SATURATED ZONE AND WITHIN GEOLOGIC MATERIALS

WHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TO

OR GREATER THAN ATMOSPHERIC PRESSURE.

 (Section

 3 of

the Illinois Groundwater Protection Act)

“Hydraulic barriers” means structures designed to

prevent or control the seepage of water.

 Hydraulic

barriers include,

 but are not limited to cutoff walls,

slurry walls, grout curtains and liners.

“Inert waste” means any solid waste that will not

decompose biologically, burn,

 serve as food for

vectors, form a gas, cause an odor,

 or form a

contaminated leachate,

 as determined in accordance with

Section 811.202(b).

 Such inert wastes shall include

only non—biodegradable and non—putrescible solid

wastes.

 Inert wastes may include, but are not limited

to,

 bricks, masonry and concrete

 (cured for 60 days or

more)

“Land application unit” means an area where wastes are

agronomically spread over or disked into land or

otherwise applied so as to become incorporated into the

soil surface.

 For the purposes of this Part and 35

Ill.

 Adm. Code 811 through 815,

 a land application unit

 is not a landfill; however, other Parts of 35 Ill.

Adin.

112—140

9

Code:

 Chapter

 I may apply,

 and may include the

permitting requirements

 of 35

 Ill.

 Adni.

 Code 309.

“Landfill” means a unit or part of a facility

 in or on

which waste is placed and accumulated over time for

disposal, and which

is

not

 a land application unit,

a

surface impoundment or an underground injection well.

For the purposes of this Part and 35

 Ill.

 Adm. Code 811

through 815,

 landfills include waste piles,

 as defined

in this Section.

“Leachate” means liquid that has been or

is

 in direct

contact with

 a solid waste.

“Lift” means an accumulation of waste which is

compacted into a unit and over which cover is placed.

“Malodor” means an odor caused by ONE OR MORE

CONTAMINANT EMISSIONS INTO THE ATMOSPHERE FROM A

FACILITY THAT IS IN SUFFICIENT QUANTITIES

AND

OF SUCH

CHARACTERISTICS

AND

DURATION AS TO BE described as

malodorous and which may be INJURIOUS TO

HUMAN,

PLANT,

OR

ANIMAL

LIFE,

 TO HEALTH,

 OR TO PROPERTY, OR TO

UNREASONABLY INTERFERE WITH THE ENJOYMENT OF LIFE OR

 PROPERTY.

 (Section 3.02 of the Act (defining “air

pollution”).)

“National Pollutant Discharge Elimination System”

or

“NPDES” means the program for issuing, modifying,

revoking and reissuing, terminating, monitoring and

enforcing permits and imposing and enforcing

pretreatment requirements under the Clean Water Act

(33

U.S.C.

 1251 et seq.),

 Section 12(f)

 of the

Environmental Protection Act and 35 Ill.

 Adm. Code

309.Subpart A and

 310.

 “NPDES permit” means a permit

issued under the NPDES program.

“New facility” or “New unit” means a solid waste

landfill facility or

 a unit at a facility,

 if one or

more of the following conditions apply:

It is

 a landfill or unit exempt from permit

requirements pursuant to Section 21(d)

 of the Act

that has not yet accepted any waste as of the

effective date of this Part;

It is a landfill or unit not exempt from permit

requirements pursuant to Section 21(d)

 of the Act

that has no development

 or operating permit issued

by the Agency pursuant to 35 Ill. Adm.

 Code 807 as

of the effective date of this Part;

or

112—141

10

It is a landfill with a unit whose maximum design

capacity or lateral extent is increased after the

effective date of this Part.

BOARD NOTE:

 A new unit located in an existing

facility shall

 be considered

 a unit subject to 35

Ill.

 Adin. Code 814, which references applicable

requirements of 35 Ill.

 Adm. Code 811.

“One hundred

 (1001 year flood plain” means any land

area which is subject to a one percent or greater

chance of flooding

 in a given year from any source.

“One hundred

 (1001 year,

 24 hour precipitation event”

means a precipitation event of

 24 hour duration with a

probable recurrence interval of once in 100 years.

“Operator” means the person responsible for the

operation and maintenance of a solid waste disposal

facility.

“Perched watertable” means an elevated watertable above

a discontinious saturated lense, resting on a low

permeability

 (such as clay)

 layer within a high

permeability

 (such as sand)

 formation.

“Permit area” means the entire horizontal and vertical

region occupied by a permitted solid waste disposal

facility.

“PERSON”

 IS ANY INDIVIDUAL, PARTNERSHIP, CO-

PARTNERSHIP, FIRM,

 COMPANY, CORPORATION, ASSOCIATION,

JOINT STOCK COMPANY,

 TRUST, ESTATE, POLITICAL

SUBDIVISION, STATE AGENCY, OR ANY OTHER LEGAL ENTITY,

OR THEIR LEGAL REPRESENTATIVE, AGENT OR ASSIGNS.

(Section 3.26 of the Act.)

“Professional engineer” means

 a person who has

registered and obtained a seal pursuant to “The

 Illinois Professional Engineering Act”

 (Ill.

 Rev. Stat

1987,

ch.

 ill, par.

 5101 et seq.).

“Professional land surveyor” means a person who has

received a certificate of registration and a seal

pursuant to “The Land Surveryors Act”

 (Ill.

 Rev.

 Stat.

1989,

ch.

 ill, par. 3201 et seq.)

“Putrescible waste” means a solid waste that contains

organic matter capable of being decomposed by

microorganisms so as to cause a rnalodor, gases,

or

other offensive conditions,

 or which is capable of

providing food for birds and vectors.

 Putrescible

wastes may form

 a contaminated leachate from

112—14 2

11

microbiological degradation, chemical processes,

and

physical processes.

 Putrescible waste includes, but is

not limited to,

 garbage,

 offal, dead animals, general

household waste,

 and commercial waste.

 All solid

wastes which do not meet the definitions of inert or

chemical wastes shall

 be considered putrescible wastes.

“Publicly owned treatment works” or “POTW” means a

treatment works that

 is owned by the State of Illinois

or a unit of local government.

 This definition

includes any devices and systems used in the storage,

treatment,

 recycling and reclamation of municipal

sewage or industrial wastewater.

 It also includes

sewers, pipes and other conveyances only if they convey

wastewater to a POTW treatment plant.

 The term also

means the unit of local government which has

jurisdiction over the indirect discharges to and the

discharges from such a treatment works.

“Recharge zone” means an area through which water can

enter an aquifer.

“Responsible charge,” when used to refer to a person,

means that the person is normally present at a waste

disposal site; directs the day-to-day overall operation

at the site; and either is the owner or operator or is

employed by or under contract with the owner or

operator to assure that the day-to—day operations at

the site are carried out in compliance with any Part of

35 Ill.

 Adm. Code:

 Chapter

 I governing operations

at

waste disposal sites.

“Runoff” means water resulting from precipitation that

flows overland before it enters a defined stream chan-

nel,

 any portion of such overland flow that infiltrates

into the ground before it reaches the stream channel,

and any precipitation that falls directly into a stream

channel.

“Salvaging” means the return of waste materials to use,

under the sutervision of the landfill operator,

 so long

as the activity is confined to an area remote from the

operating face of the landfill,

 it does not interfere

with or otherwise delay the operations of the landfill,

and it results in the removal of all materials for

salvaging from the landfill site daily or separates

them by type and stores them in a manner that does not

create a nuisance, harbor vectors or cause an unsightly

appearance.

112—143

12

“Scavenging” means the removal of materials from a

solid waste management facility or unit which is not

salvaging.

“Seismic Slope Safety Factor” means the ratio between

the resisting forces or moments in a slope and the

driving forces or moments that may cause a massive

slope failure during an earthquake or other seismic

event such as an explosion.

“Settlement” means subsidence caused by waste loading,

changes

 in groundwater level,

 chemical changes within

the soil and adjacent operations involving excavation.

“Shredding” means the mechanical reduction in particle

sizes of solid waste.

 Putrescible waste

 is considered

shredded

 if 90 percent of the waste by dry weight

passes a

 3 inch sieve.

“Significant Modification” means a modification to an

approved permit that

 is required when one or more of

the following changes, considered significant when the

change is outside the expected operating range of

values for that parameter of as specified in the

 permit,

 are planned,

 occur or will occur:

An increase in the capacity of the waste disposal

unit over the permitted capacity;

Any change in the placement of daily,

 intermediate

or final cover;

A decrease in performance, efficiency or longevity

of the liner system;

A decrease in efficiency or performance of the

leachate collection system;

A change in configuration, performance,

or

efficiency of the leachate management system;

A change in the final disposition of treated

effluent or in the quality of the discharge from

the leachate treatment or pretreatment system;

Installation of

 a gas management system, or a

decrease in the efficiency or performance of an

existing gas management system;

A change in the performance or operation of the

surface water control system;

112—144

13

A decrease in the quality or quantity of data from

any environmental monitoring system;

A change in the applicable background concentra-

tions or the mz~ximumallowable predicted

concentrations;

A change in the design or configuration of the

regraded area after development or after final

closure;

A change in the amount or type of postclosure

financial assurance;

Any change in the permit boundary;

A change in the postclosure land use of the

property;

A remedial action necessary to protect

groundwater;

Transfer of the permit to a new operator;

Operating authorization is being sought to place

into service a structure constructed pursuant to a

construction quality assurance program; or

A change in any requirement set forth as a special

condition in the permit.

“Sole source aquifer” means those aquifers designated

pursuant to Section 1424(e)

 of the Safe Drinking Water

Act of 1974,

 (42 U.S.C 300h—3).

“Solid Waste” means

 a waste that is defined in this

Section as an inert waste, as a putrescible waste,

as

a

chemical waste or as a special waste,

 and which is not

also defined as a hazardous waste pursuant to 35 Ill.

Adm. Code

 721.

“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.)

“Static Safety Factor” means the ratio between

resisting forces or moments

 in a slope and the driving

forces or moments that may cause a massive slope

failure.

112—145

14

“Surface impoundment” means

 a natural topographic

depression,

 a man-made excavation,

 or a diked area into

 which flowing wastes, such as liquid wastes or wastes

containing free liquids,

 are placed.

 For the purposes

of this Part and 35 Ill.

 Adm. Code 811 through 815,

a

surface impoundment

 is not a landfill.

 Other Parts of

35

 Ill.

 Adni.

 Code:

 Chapter

 I may apply,

 including the

permitting requirements of

 35 Ill. Adm. Code 309.

“Twenty-five

 (25) year,

 24 hour precipitation event”

means a precipitation event of 24 hour duration with a

probable recurrence interval of once in 25 years.

“Uppermost aquifer” means the first geologic formation

above and below the bottom elevation of

 a constructed

liner or wastes, where no liner is present, which is an

aquifer,

 and includes any lower aquifer that is

hydraulically connected with this aquifer within the

facility’s permit area.

“Unit” means a contiguous area used for solid waste

disposal.

“Unit of local government” means a unit of local

government, as defined by Article

 7, Section

 1 of the

Illinois Constitution.

 A unit of local government may

include,

 but is not limited to,

 a municipality,

a

county,

 or a sanitary district.

“Waste pile” means an area on which noncontainerized

masses of solid, non flowing wastes are placed for

disposal.

 For the purposes of this Part and 35

 Ill.

Adin. Code 811 through 815,

 a waste pile is

 a landfill,

unless the operator can demonstrate that the wastes are

not accumulated over time for disposal.

 At a minimum,

such demonstration shall include photographs, records

or other observable or discernable information,

maintained on a yearly basis, that show that within the

preceeding year the waste has been removed for

utilization or disposed elsewhere.

“Waste stabilization” means any chemical, physical or

thermal treatment of waste, either alone or in

combination with biological processes,

 which results in

a reduction of microorganisms,

 including viruses, and

the potential for putrefaction.

“Working face” means any part of

 a landfill where waste

is being disposed.

“Zone of attenuation”

 is the three dimensional region

formed by excluding the volume occupied by the waste

112—146

15

placement from the smaller of the volumes resulting

from vertical planes drawn to the bottom of the

uppermost aquifer at the property boundary or 100 feet

from the edge of one or more adjacent units.

Section

~31O.i04

 Incorporations by Reference

a)

 The Board incorporates the following material by

reference:

40 CFR 141.40

 (1988).

Accounting Standards, General Standards,

 1988/89

Edition,

 as of June

1,

 1988,

 available through the

Financial Accounting Standards Board,

 401 Merrit

7,

 P.O. Box

 5116, Norwalk,

CT

 06856—5116.

b)

 This incorporation includes no later amendments or

editions.

112—147

16

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART

811

STANDARDS

FOR

NEW

 SOLID WASTE LANDFILLS

SUBPART

GENERAL

STANDARDS

FOR

ALL

LANDFILLS

Section

811.101

811.102

811.103

811. 104

811.105

811.106

811. 107

811.108

811.109

811.110

811.111

Section

811.201

811.202

811.203

811.204

811.205

811.206

811.207

Scope and Applicability

Location Standards

Surface Water Drainage

Survey Controls

Compaction

Daily Cover

Operating Standards

Salvaging

Boundary Control

Closure and Written Closure Plan

Postclosure Maintenance

SUBPART

B:

 INERT WASTE LANDFILLS

Scope

and

Applicability

Determination

 Contaminated Leachate

Design

Period

Final Cover

Final Slope and Stabilization

Leachate Sampling

Load Checking

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

SUBPART C:

 PUTRESCIBLE

AND

 CHEMICAL WASTE LANDFILLS

Scope and Applicability

Facility Location

Design Period

Foundation and Mass Stability Analysis

Foundation Construction

Liner Systems

Leachate Drainage System

Leachate Collection System

Leachate Treatment and Disposal System

Landfill Gas Monitoring

Landfill Gas Management System

Landfill Gas Processing and Disposal System

Intermediate Cover

Final Cover System

 Hydrogeological Site Investigations

Plugging and Sealing of Drill Holes

Groundwater Impact ASsessment

Design, Construction, and Operation of Groundwater

Monitoring Systems

112—148

17

Section

811.401

811.402

811.403

811.404

811.405

811.406

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

SUBPART D:

 MANAGEMENT OF SPECIAL WASTES AT LANDFILLS

Scope and Applicability

Notice to Generators and Transporters

Special Waste Manifests

Identification Record

Recordkeeping Requirements

Procedures for Excluding Regulated Hazardous Wastes

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

C:

 FINANCIAL

ASSURANCE

Scope, Applicability and Definitions

 Upgrading Financial Assurance

Release of Financial Institution

Application of Proceeds and Appeals

Closure and Postclosure Care Cost Estimates

Revision of Cost Estimate

Mechanisms for Financial Assurance

Use of Multiple Financial Mechanisms

Use of a Financial Mechanism for Multiple Sites

Trust Fund for Unrelated Sites

Trust Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter of Credit

Closure Insurance

Self-Insurance for Non-commercial Sites

8l1.Appendix A Financial Assurance Forms

illustration A Trust Agreement

Illustration B Certificate of Acknowledgment

Illustration C Forfeiture Bond

Illustration D Performance Bond

Illustration E Irrevocable Standby Letter of Credit

811.319

811.320

811.321

811 .322

811.323

Groundwater

 Monitoring

Programs

Groundwater Quality Standards

Waste Placement

Final Slope and Stabilization

Load Checking Program

Section

811.501

811.502

811.503

811.504

811.505

811.506

811.507

811.508

811. 509

112—149

18

Illustration F Certificate of Insurance for Closure and/or

Postclosure Care

Illustration G Operator’s Bond Without Surety

Illustration H Operator’s Bond With Parent Surety

Illustration

 I Letter from Chief Financial Officer

AUTHORITY:

 Implementing Sections 5,

21,

 21.1,

 22, 22.17 and 28.1

and authorized by Section 27 of the Environmental Protection Act

(Ill.

 Rev.

 Stat.

 1989,

ch.

 111 1/2, pars.

 1005,

 1021,

 1021.1,

1022,

 1022.17,

 1028.1 and 1027).

SOURCE:

 Adopted in R88—7 at

14

Ill.

Reg.

effective

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.

b)

 This Part shall not apply until one year after the

effective date of this Part to new landfills solely

receiving the following wastes generated by the

following industries, provided that proposed

 regulations of general applicability to that industry

category are filed with the Board no later than

December

1,

 1990:

 wastes generated by foundries and

primary steel production facilities and coal combustion

wastes generated by electric utilities.

The

requirements of

35

 Ill. Adm.

 Code 807

shall apply to

such landfills during the interim period of one year

after the effective date of this Part.

 This Part shall

become effective immediately after Dec.

1,

 1990 if no

proposal has been filed by that date

 All general provisions of 35

 Ill. Adm. Code 810 apply

to this Part.

Section 811.102

 Location Standards

a)

 The facility shall not invade or diminish the scenic,

recreational and fish and wildlife values for any river

112—150

19

designated for protection under the Wild and Scenic

Rivers Act

 (16 U.S.C.

 1271 et seq.).

b)

 The facility shall not restrict the flow of a lao-year

flood,

 result in washout of solid waste from the 100—

year flood, or reduce the temporary water storage

capacity of the 100—year floodplain,

 unless measures

are undertaken to provide alternative storage capacity.

c)

 The facility shall not be located in areas where

 it may

pose

 a threat of harm or destruction to the features

for which an irreplaceable historic, or archaeological

site was listed pursuant to the National Historic Pre-

servation Act

 (16 U.S.C.

 470 et seq.)

 or the Illinois

Historic Preservation Act (Ill.

 Rev.

 Stat.

 1989,

ch.

127, par.

 133d1 et seq.)

 for which

 a Natural Landmark

was designated by the National Park Service or the

Illinois State Historic Preservation Officer,

 or for

which a natural area was designated as a Dedicated

Illinois Nature Preserve pursuant to the Illinois

Natural Areas Preservation Act

 (Ill. Rev.

 Stat.

 1989,

ch.

 105 par.

 701 et seq.).

d)

 The facility shall not be located in areas where

 it may

jeopardize the continued existence of any designated

endangered species, result in the destruction or ad-

verse modification of the critical habitat listed for

such species,

 or cause or contribute to the taking of

any endangered or threatened species of plant,

 fish or

wildlife listed pursuant to the Endangered Species Act

16 U.S.C.

 1531 et seq.,

 or the Illinois Endangered

Species Protection Act

 (Ill. Rev.

 Stat.

 1989,

ch.

8,

par.

 331 et seq.).

e)

 The facility shall not cause a violation of Section 404

 of the Clean Water Act

 (33 U.S.C.

 1251 et seq.).

f)

 The facility shall not cause

 a nonpoint source of pol-

lution that violates applicable legal requirements

implementing an areawide or statewide water quality

management ~1an that has been approved under Section

208 of the Clean Water Act

 (33 U.S.C.

 1288).

Section 811.103

 Surface Water Drainage

•Runoff Froin.Di~turbedAreas

1)

 Runoff from disturbed areas resulting from precip-

itation events less than or equal to the 25—year,

24-hour precipitation event that is discharged

to

waters of the State shall meet the requirements of

35 Ill.

 Adm.

 Code 304.

112—151

20

All

discharges

runoff

from

disturbed

areas

to

waters of the State shall

 be permitted by the

Agency in accordance with

35 Ill. Adm. Code 309.

3)

 All treatment facilities shall be equipped with

bypass outlets designed to pass the peak flow of

runoff from the 100-year, 24-hour precipitation

event without damage to the treatment facilities

or surrounding structures.

4)

 All surface water control structures shall be

operated until the final cover is placed and ero-

sional stability is provided by the vegetative or

 other cover meeting the requirements

 of Section

811.205 or 811.322.

All

discharge

structures

shall

 be designed to

prevent erosion and scouring of the receiving

stream

channel.

b)

 Diversion of Runoff From Undisturbed Areas.

1)

 Runoff from undisturbed areas shall be diverted

around disturbed areas to the maximum practical

extent.

2)

 Diversion facilities shall be designed to-prevent

runoff from the 25-year, 24-hour precipitation

event from entering disturbed areas.

3)

 Runoff from undisturbed areas which becomes com-

mingled with runoff from disturbed areas shall be

handled as runoff from disturbed areas and treated

in accordance with subsection

 (a).

4)

 All diversion structures shall be designed to

prevent erosion and scouring in the diversion

channel and downstream channels.

5)

 All diversion structures shall

 be operated until

the

final

cover

 is placed and erosional stability

provided

the

vegetative

 or other cover

meeting

the

requirements

Section

811.205

811.322.

Section 811.104

 Survey Controls

a)

 The boundaries of all waste disposal units, property

 boundaries,

 disturbed areas,

 and the permit area for

facilities subject to the requirements of Section 21 of

the Environmental Protection Act

 (Act)

 (Ill. Rev.

 Stat.

112—152

21

1989,

ch.

 111 1/2,

par.

 1021)

 shall be surveyed and

marked by a professional land surveyor.

b)

 All stakes and monuments shall be clearly marked for

identification.

c)

 All stakes and monuments shall be inspected annually

and surveyed no less frequently than once

in five years

by a professional

 land surveyor, who shall also replace

and resurvey any missing or damaged stakes and

monuments discovered during an inspection.

d)

 Control monuments shall be established to check verti-

cal elevations.

 The control monuments shall be estab-

lished and maintained by a professional land surveyor.

Section 811.105

 Compaction

All wastes shall be deposited at the lowest part

of the active

face,

 and compacted to the highest achievable density necessary

to minimize void space and settlement unless precluded by extreme

weather conditions.

 The Agency may approve an alternative

location

for

placement

 of wastes,

 if the operator demonstrates

 that

it is required under the conditions existing at the site or

for reasons of safety.

Section 811.106

 Daily Cover

a)

 A uniform layer of

 at least 0.15 meter

 (six inches)

of

clean

soil

 material shall be placed on all exposed

waste by the end of each day of operation.

b)

 Alternative materials or procedures,

 including the

removal of daily cover prior to additional waste

placement, may be used, provided that the alternative

materials or procedures achieve equivalent or superior

performance to the requirements of subsection

(a)

in

the following areas:

1)

 Prevention

 of blowing debris;

2)

 Minimization

 of access to the waste by vectors;

3)

 Minimization

 of the threat of fires at the open

face; and

4)

 Minimization

 of odors.

112—153

22

Section 811.107

 Operating Standards

a)

 Phasing of Operations

1)

 Waste shall be placed in a manner and at such a

rate that mass stability is provided during all

phases of operation.

2)

 The phasing of operations at the facility shall be

designed in such a way as to allow the sequential

construction, filling,

 and closure of discrete

 units or parts of units.

3)

 The operator shall dispose of wastes in a manner

which will facilitate the filling to final grade

and minimize the operational phase

 of each dis-

crete unit or parts of units.

b)

 Size and Slope of Working Face

The

 working face of the unit shall be no

larger

than is necessary to conduct operations in a safe

and efficient manner.

2)

 The slopes of the working face area shall be no

steeper than two to one (horizontal to vertical)

unless the waste

 is stable at steeper slopes.

c)

 Equipment

Equipment shall be maintained and available for use at

the facility during all hours of operation,

 so as to

achieve and maintain compliance with the requirements

of this Part.

d)

 Utilities

All utilities,

 including but not limited to heat,

lights,

 power and communications equipment, necessary

for safe operation in compliance with the requirements

of this Part shall be available at the facility at all

times.

e)

 Maintenance

The operator shall maintain and operate all systems and

related appurtenances and structures in a manner that

facilitates proper operations in compliance with this

Part.

f)

 Open Burning

112—154

23

Open burning is prohibited except in accordance with 35

Ill. Adm. Code 200 through 245.

g)

 Dust Control

The operator shall implement methods for controlling

dust so as to prevent wind dispersal

 of particulate

matter.

h)

 Noise Control

The facility shall be designed, constructed and main-

tained to minimize the level of equipment noise audible

outside the facility.

 The facility shall not cause or

contribute to a violation of

 35 Ill. Adm.

 Code 900

through 905 or of Section 24 of the Act.

i)

 Vector Control

The operator shall implement measures to control the

population of disease and nuisance vectors.

 Fire Protection

The operator shall institute fire protection measures

including, but not limited to, maintaining a supply of

water onsite and radio or telephone access to the

nearest fire department.

k)

 Litter Control

The

operator

shall

patrol

the

facility

daily

to

check for litter accumulation.

 All litter shall

be collected and placed in the fill or in

a

secure, covered container for later disposal.

2)

 The facility shall not accept solid waste from

vehicles that do not utilize devices such as

covers or tarpaulins to control litter,

 unless the

nature of the solid waste load is such that it

cannot cause any litter during its transporation

to the facility.

1)

 Mud Tracking

The facility shall implement methods, such as use

of

wheel washing units,

 to prevent tracking of mud by

hauling vehicles onto public roadways.

112— 155

24

Section 811.108

 Salvaging

a)

 All salvaging operations shall

 in no way interfere with

the operation of the waste disposal facility, result in

a violation of any standard in this Part or of

 35 Iii.

Adm. Code 812 through 815,

 or delay the construction or

interfere

 in the operation of the liner,

 leachate

collection system,

 daily,

 intermediate or final cover

and any monitoring devices.

b)

 All salvaging operations shall be performed in

 a safe

and sanitary manner in compliance with the requirements

of this Part.

c)

 Salvagable materials:

May

accumulated

 onsite by a landfill operator,

provided they are managed so as not to create a

nuisance, harbor vectors, cause malodors,

or

create an unsightly appearance; and

2)

 May not be accumulated onsite for longer than

seven days,

 unless, pursuant to Section 39 of the

Act, the Agency has issued a permit with

alternative conditions for management of such

materials in compliance with subsection

 (c) (1).

Section 811.109

 Boundary Control

a)

 Access to the open face area of the unit and all other

areas within the boundaries of the facility shall be

restricted to prevent unauthorized entry at all times.

b)

 A permanent sign shall be posted at the entrance to the

facility stating that disposal of hazardous waste is

prohibited and,

 if the landfill is approved for

accepting special wastes, that special wastes must be

permitted by the Agency and accompanied by a manifest

and an identification record along with the following

information:

1)

 Permit number,

 if the facility is subject to the

permit requirements of Section 21 of the Act.

2)

 Hours of operation;

3)

 The penalty for unauthorized trespassing and

dumping;

4)

 The name and telephone number of the appropriate

emergency response agencies who shall be available

112—156

25

to deal with emergencies and other problems,

if

different than the operator; and

5)

 The name,

 address and telephone number of the

company operating the facility.

Section 811.110

 Closure and Written Closure Plan

a)

 The final slopes and contours shall be designed to

complement and blend with the surrounding topography of

the proposed final land use of the area.

b)

 All drainage ways and swales shall be designed to

safely pass the runoff from the 100-year, 24-hour pre-

cipitation event without scouring or erosion.

c)

 The final configuration of the facility shall be de-

signed in a manner that minimizes the need for further

maintenance.

d)

 Written closure plan

1)

 The operator shall maintain a written plan

describing all actions that the operator will

undertake to close the unit

or facility in a

manner that fulfills the provisions of the

Act,

of

this Part and of other applicable Parts of

35

 Ill.

Adm.

 Code:

 Chapter

I.

 The written closure plan

shall fulfill the minimum information requirements

of

35

 Ill. Adm.

 Code 812.114.

2)

 A modification of the written closure plan shall

constitute a significant modification of the

permit for the purposes of 35

 Ill.

 Adni. Code

813.Subpart B.

Section 811.111

 Postclosure Maintenance

a)

 The operator shall treat, remove from the site, or

dispose of all wastes and waste residues within

 30 days

after receipt of the final volume of waste.

b)

 The operator shall remove all equipment or structures

not necessary for the postclosure land use, unless

otherwise authorized by permit.

c)

 Maintenance and Inspection of the Final Cover and

Vegetation:

1)

 Frequency of Inspections

A)

 The operator shall conduct a quarterly

inspection of all vegetated surfaces for a

112—157

26

minimum

five

years

after

closure,

and

after five years,

 the operator may reduce the

frequency of annual inspections until

settling has stopped and there are no eroded

or scoured areas.

B)

 For landfills,

 other than those used

exclusively for disposing waste generated at

the site,

 inspections shall be continued for

a minimum period of 15

years

after

closure.

2)

 All rills,

 gullies and crevices six inches or

deeper identified in the inspection shall be

filled.

 Areas identified by the operator or the

Agency inspection as particularly susceptible to

erosion

shall

recontoured.

3)

 All eroded and scoured drainage channels shall be

repaired

and

lining

material

shall

replaced

necessary.

4)

 All holes and depressions created by settling

shall

 be filled and recontoured so as to prevent

standing

water.

5)

 All reworked surfaces,

 and areas with failed or

eroded vegetation in excess of 100

square

feet

cumulatively, shall be revegetated in accordance

with the approved closure plan for the facility.

SUBPART

B:

 INERT WASTE LANDFILLS

Section 811.201

 Scope and Applicability

The standards of this Subpart,

 in addition to the requirements of

Subpart A,

 shall apply to all new landfills in which only inert

waste

is

to be

placed.

Section 811.202

 Determination of Contaminated Leachate

a)

 Leachate shall be considered contaminated if it con-

tains concentrations of constituents greater than the

public and food processing water supply standards 35

Ill.

 Adni. Code 302.301,

 302.304, and 302.305.

The

operator shall determine whether the leachate from the

waste

 is contaminated by analyzing it for constituents

for

which

 a numerical standard has been established by

the Board.

b)

 A representative sample of leachate extracted from the

waste by

 a laboratory procedure may be used to model

112—158

27

the expected constituents and concentrations of the

leachate.

 The laboratory test shall meet the following

standards:

1)

 The procedure shall be designed to closely repro-

duce expected field conditions; and

2)

 The test shall utilize an extraction fluid

representative of the physical and chemical

characteristics of the liquid expected to

infilitrate through the waste.

c)

 Actual samples of leachate from an existing solid waste

disposal unit or a test fill may be utilized under the

following conditions:

1)

 The waste

 in the existing unit is similar to the

waste expected to be 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 811.203

 Design Period

The design period for all inert 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 the purposes of monitoring

 settling at the site,

 shall be 15 years.

Section 811.204

 Final Cover

A minimum of 0.91 meter

 (three feet)

 of soil material

 of a

quality sufficient to support vegetation and 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 of Section 811.205(b) will not apply;

however, the final surface shall still be designed to prevent or

minimize erosion.

Section 811.205

 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.

112—159

28

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 the climatic

conditions;

3)

 Vegetation shall require little maintenance;

4)

 Vegetation shall consist of a diverse mix of

native and introduced species consistent with the

postclosure land use; and

5)

 Temporary erosion control measures,

 including,

but

not limited to, the application, alone or in

combination,

 of mulch, straw,

 netting,

 or chemi-

cal 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 811.203

 in order to meet the requirements

of

this Section.

Section 811.206

 Leachate Sampling

a)

 All inert 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 diluted leachate samples.

b)

 Leachate samples shall be collected and analyzed at

least

once

six

month

determine,

using

the

statistical procedures of Section 811.320(e),

 whether

the collected leachate is contaminated as defined

 in 35

Ill. Adm.

 Code 810.103.

c)

 Once every two years,

 leachate samples shall be tested

for the presence of organic chemicals in accordance

with Section 81l.319(a)(3).

 If the results of such

testing shows the presence of organic chemicals,

the

operator shall notify the Agency

of this finding,

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 is contaminated as defined in 35 Ill.

 Adm.

112—160

29

Code 810.103,

the operator shall notify the Agency of

this finding,

 in writing,

 before the end of the

business day following the finding.

 In addition, the

inert waste landfill facility causing the

contamination:

1)

 shall no longer be subject to the inert waste

landfill requirements of Subpart B;

2)

 shall be subject to the requirements for

Putrescible and Chemical Waste Landfills of

Subpart

C,

 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.

 Adrn.

 Code

813.502 for permitted facilites and 35 Ill. Adm.

 Code

8l5.Subpart D for non-permitted facilities.

Section 811.207

 Load Checking

a)

 The operator shall not accept wastes for disposal at an

inert waste landfill unless

it

 is accompanied by

documentation that such wastes are inert based on

testing

of the leachate from such wastes performed

in

accordance with the requirements of Section 811.202.

b)

 The operator shall institute and conduct a random load

checking program at each inert waste facility in

accordance with the requirements of Section 811.323

except that this program shall also be designed:

1)

 to detect and discourage attempts to dispose non-

inert wastes at the landfill;

2)

 to require the facility’s inspector 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 in accordance with Section

811.202(a)

and

 (b) to determine if the waste

is

inert.

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 813.501 for

permitted facilites and 35

 Ill. Adm.

 Code 815.Subpart C

for non—permitted facilites.

SUBPART

C:

 PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

112—161

30

Section 811.301

 Scope and Applicability

In addition to

the

requirements

Subpart

the

 standards of

this Subpart apply to all landfills in which chemical and

putrescible wastes are to be placed.

Section 811.302

 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 Act;

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.

 300f et seq.)

 unless there

is

 a stratum

between the bottom of the waste disposal unit and the

top of the aquifer that meets the following minimum

requirements:

1)

 The stratum has a minimum thickness of 15.2 meters

(50 feet)

2)

 The maximum hydraulic conductivity

 in both the

horizontal and vertical directions

 is no greater

than lx107

 centimeters per second, as determined

by in situ borehole or equivalent tests;

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.

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

112—1 62

31

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.

e)

 The facility shall not be located closer than 1525

meters

 (5000

 feet) of any runway used by piston type

aircraft or within 3050 meters

 (10,000

 feet)

 of any

runway used by turbojet aircraft unless the Federal

Aviation Administration provides the operator with

 written permission,

 including technical justification,

for a closer distance.

Section 811.303

 Design Period

a)

 The design period for putrescible and chemical waste

disposal units

 shall be the estimated operating life

plus 30 years unless measures are undertaken

 in compli-

ance with subsections

 (b) and

(c)

 to encourage stabili-

zation of putrescible waste.

b)

 The design period for a disposal unit which accepts

only putrescible waste in shredded form shall be the

estimated operating life plus 20 years.

c)

 The design period for a putrescible waste disposal unit

that recycles leachate in accordance with Section

811.309(f)

 shall be the estimated operating life plus

20 years.

Section 811.304

 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 fail-

ure of the liner leachate collection system.

b)

 The total settlement or swell

 of the foundation shall

not cause or contribute to the failure of the liner

leachate collection system.

c)

 The solid waste disposal unit shall achieve a safety

factor against bearing capacity failure of 2.0 under

static conditions and

1.5 under seismic loadings.

d)

 The waste disposal unit shall achieve a factor of

safety against slope failure of 1.5 for static condi-

tions and 1.3 under seismic conditions.

112—163

32

e)

 In calculating factors of safety both long term and

short term conditions shall be considered.

f)

 The potential for earthquake or blast induced liquefac-

tion,

 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 earth-

quake induced liquefaction outside the unit shall be

considered if such events could affect the unit.

Section 811.305

 Foundation Construction

a)

 If the in situ material provides insufficient strength

to meet the requirements of Section 811.304, then the

insufficient material shall be removed and replaced

with clean materials sufficient to meet the require-

ments of Section 811.304.

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 con-

struction quality assurance plan pursuant to Subpart

E.

d)

 Placement of frozen soil or soil onto frozen ground is

prohibited.

e)

 The foundation shall be constructed and graded to pro-

vide a smooth, workable surface on which to construct

the liner.

Section 811.306

 Liner Systems

a)

 All units shall be equipped with a leachate drainage

and collection system and a compacted earth liner

designed as an integrated system in compliance with the

requirements of this Section and of Sections 811.307

and 811.308.

b)

 The liner and leachate collection system shall be

stable during all phases of construction and opera-

tion.

 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.

Compacted

Earth

Liner

Standards

112—164

33

1)

 The minimum allowable thickness shall be 1.52

meters

(5

feet).

The

liner

 shall be compacted to achieve a maximum

hydraulic conductivity of lx107 centimeters per

second.

3)

 The liner shall be compacted to minimize void

spaces and support the loadings imposed by the

waste disposal operation without settling so as to

 cause or contribute to the failure of the leachate

collection system.

4)

 The liner shall be constructed from materials

compatible with the constituents of the leachate

expected to be produced.

5)

 Alternative specifications, using standard

construction techniques,

 for hydraulic

conductivity and liner thickness may be utilized

under the following conditions:

A)

 The liner thickness shall be no less than

1.52 meter

(5

 feet) unless a composite liner

consisting of a geomembrane immediately

overlying

 a compacted earth liner is

installed.

 The following minimum standards

shall apply for a composite

 liner:

i)

 the geomembrane

shall be no less than 60

mils in thickness and meet the

requirements

 of subsection

 (e); and

ii)

 the compacted earth liner shall be no

less than 0.91 meter in thickness

(3

feet)

 and meet the requirements of

subsections

 (d) (2) through

 (d) (4)

B)

 The modified liner shall operate

 in conjunc-

tion with

 a leachate drainage and collection

system to achieve equivalent or superior

performance to the requirements of this sub-

section.

 Equivalent performance shall be

evaluated at maximum annual leachate flow

conditions.

e)

 Geomembrane Liners

1)

 Geomembranes may be used only in conjunction with

a compacted earth liner system meeting the re-

quirements of subsection

(d)

 and a leachate

112—165

34

drainage and collection system meeting the

requirements of Sections 811.307 and 811.308.

2)

 The geomembrane shall be supported by a compacted

base free from sharp objects.

 The geoxnembrane

shall be chemically compatible with the supporting

soil materials.

3)

 The georneinbrane material shall be compatible with

the leachate expected to be generated.

4)

 Geolnembranes shall have sufficient strength and

durability to function at the site for the design

period under the maximum expected loadings imposed

by the waste and equipment and stresses imposed by

settlement, temperature, construction and opera-

tion.

5)

 Seams shall be made in the field according to the

manufacturer’s specifications.

 All sections shall

be arranged so that the use of field seams is

minimized and seams are oriented in the direction

subject to the least amount of stress.

6)

 The leachate collection system shall be designed

to avoid, to the maximum extent possible, openings

through

the

geornembrane.

f)

 Slurry Trenches and Cutoff Walls Used to Prevent Migra-

 tion of Leachate

1)

 Slurry trenches and cutoff walls built to contain

leachate

migration

shall

 be used only in

conjunction with

 a compacted earth liner and a

leachate drainage system meeting the requirements

of subsection

(d)

 and Section 811.307 or as part

of a remedial action required by Section 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 con-

firm 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

112—166

35

displacement

 or erosion under stress or hydraulic

gradient.

5)

 Slurry trenches and cutoff walls shall be

constructed

 in conformance to a construction qual-

ity assurance plan,

 pursuant to Subpart

E,

 that

insures that all material and construction methods

 meet design specifications.

g)

 Liner configurations other than those specified

 in this

Section, special construction techniques,

and

admixtures may be utilized, provided that:

1)

 The alternative technology or material provides

equivalent,

 or superior,

 performance to the re-

quirements of this Section;

2)

 The technology or material has been successfully

utilized in at least one application similar to

the proposed application; and

3)

 Methods for manufacturing quality control and

construction quality assurance can be implement-

ed.

Section 811.307

 Leachate Drainage System

a)

 The leachate drainage system shall

 be designed and

constructed to operate for the entire design period.

b)

 The system shall be designed in conjunction with the

leachate collection system required by Section 811.308:

1)

 To maintain a maximum head of

 leachate 0.30 meter

(one foot)

 above the liner and

2)

 To operate during the month when the highest

average monthly precipitation occurs and

 if the

liner bottom

 is located within the saturated

 zone,

under the condition that the groundwater table is

at its seasonal high level.

 In addition,

the

following design assumptions shall apply:

A)

 The unit

 is assumed to be at field capacity,

and

B)

 The final cover is

 in place.

c)

 A drainage

 layer shall overlay the entire liner sys—

tern.

 This drainage

layer

shall

less

than

0.30

meter

 (one foot)

 thick and shall have

 a hydraulic con-

112-

1~7

36

ductivity equal to or greater than lx103 centimeters

per second.

d)

 The drainage layer shall be designed to maintain lami-

nar flow throughout the drainage layer under the condi-

tions described in subsection

 (b).

e)

 The drainage layer shall be designed with a graded

filter or geotextile as necessary to minimize clogging

and prevent intrusion of fine material.

f)

 Materials used in the leachate collection system shall

be chemically resistant to the wastes and the leachate

expected to be produced.

Section 811.308

 Leachate Collection System

a)

The

leachate

collection

system

shall

designed

and

constructed to function for the entire design period.

b)

 Collection pipes shall be designed for open channel

flow to convey leachate under the conditions

established in Section 811.307(b).

c)

 Collection pipes shall be of a cross sectional area

that allows cleaning.

Materials

used

 in the leachate collection system shall

be chemically resistant to the leachate expected to be

produced.

e)

 The collection pipe material and bedding materials as

placed shall possess structural strength to support the

maximum loads imposed by the overlying materials and

equipment used at the facility.

f)

 Collection pipes shall be constructed within

 a coarse

gravel envelope

using a graded filter or geotextile as

necessary to minimize clogging.

g)

 The system shall be equipped with a sufficient number

of manholes and cleanout risers to allow cleaning and

maintenance of all pipes throughout the design period.

h)

 Leachate shall be able to drain freely from the collec-

tion pipes.

If

sumps

are

used

then

pumps

shall

 remove

the collected leachate before the level of leachate in

the sumps rises above the invert of the collection

pipes under the conditions established in Section

811.307(b).

112—168

Section 811.309

 Leachate Treatment and Disposal System

Leachate

shall

allowed

flow

freely

from

the

drainage

and

collection

system.

The

operator

responsible

for

the

operation

leachate

management

system

designed

handle

all

leachate

drains

from the collection system.

 The leachate management

system shall consist of any combination of storage,

treatment, pretreatment, and disposal options designed

and constructed in compliance with the requirements

of

this Section.

b)

 The leachate management system shall consist of any

combination

 of multiple treatment and storage struc-

tures,

 to allow the management and disposal of leachate

during

routine

maintenance

and

repairs.

Standards for Onsite Treatment and Pretreatment

1)

 All onsite treatment

 or pretreatment systemsshall

be considered part of the facility.

2)

 The onsite treatment or pretreatment

system

shall

be designed

 in accordance with the expected char-

acteristics of the leachate.

 The design may

include modifications to the system necessary to

accommodate changing leachate characteristics.

3)

 The onsite

treatment

pretreatment

system

shall

designed

function

for

the

entire

design

period.

All

the

facility’s

unit

operations,

tanks,

ponds,

 lagoons and basins shall be designed and

constructed with liners or containment structures

control

seepage

groundwater.

5)

 All treated effluent discharged to waters of the

State shall meet the requirements of

 35 Ill.

 Adm.

Code

 309.

6)

 The treatment system shall be operated by an

operator

certified

under

the

requirements

Ill.

Adm.

Code

312.

d)

 Standards for Leachate Storage Systems

The

leachate

storage

facility

must

able

store a minimum of at least five days’ worth of

accumulated

leachate

the

maximum

generation

rate used

 in designing the leachate drainage

system in accordance with Section 811.307.

The

minimum

storage

capacity

may

built

over

time

12-16)

38

and in stages,

 so long as the capacity for five

consecutive days of accumulated leachate, during

extreme precipitation conditions,

 is available at

any time during the design period of the facility.

2)

 All leachate storage tanks shall be equipped with

secondary containment systems equivalent to the

protection

provided

clay

liner

0.61

meter

feet thick)

 having a permeability no greater than

l0~centimeters per second.

Leachate

storage

systems

shall

fabricated

 from

material compatible with the leachate expected to

be generated and resistant to temperature

extremes.

4)

 The leachate storage system shall not cause or

contribute

 malodor.

The

leachate

drainage

 and collection system shall

not be used for the purpose of storing leachate.

e)

 Standards for Discharge to an Offsite Treatment Works

1)

 Leachate may be discharged to an offsite treatment

works that meets the following requirements:

A)

 All discharges of effluent from the treatment

 works shall meet the requirements of 35 Ill.

Adm.

 Code 309.

B)

 The treatment system shall be operated by an

operator certified under the requirements of

35

 Ill. Adm. Code 312.

C)

 No more than 50 percent of the average daily

influent flow can be attributable to leachate

from the solid waste disposal facility.

Otherwise, the treatment works shall be

considered a part of the solid waste disposal

facility.

2)

 The operator is responsible for securing permis-

sion from

the offsite treatment works for

authority to discharge to the treatment works.

3)

 All discharges to a treatment works shall meet the

requirements of

 35 Ill.

 Adm. Code 310.

4)

 Pumps, meters, valves and monitoring stations that

control and monitor the flow of leachate from the

unit and which are under the control of the

112—170

~39

operator shall be considered part of the facility

and shall be accessible to

the

operator

all

times.

5)

 Leachate shall be allowed to flow into the sewer-

age system at all times; however,

 if access to the

treatment works

 is restricted

 or anticipated to be

restricted for longer than five days,

 then an

 alternative leachate management system shall

be

constructed

 in accordance with subsection

(c)

6)

 Where

 leachate is not directly discharged

 into a

sewerage system,

 the operator shall provide

storage capacity sufficient

 to transfer all

leachate to an offsite treatment works.

The

storage system shall meet the requirements of

subsection

 (ci)

f)

 Standards for Leachate Recycling Systems

1)

 Leachate recycling systems may be utilized only at

permitted waste disposal units that meet the fol-

lowing requirements:

A)

 The unit must have a liner designed,

constructed and maintained to meet the mini-

mum standards of Section 811.306.

B)

 The unit must have a leachate collection

system

 in place and operating

 in accordance

with Section 811.307.

C)

 A gas management system,

 equipped with a

mechanical device such as

 a compressor to

withdraw gas,

 must be implemented to control

odors and prevent migration of methane

 in ac-

cordance with Section 811.311.

D)

 The topography must be such that any acci-

dental leachate runoff can be controlled by

ditches,

 berrns or other equivalent control

means.

2)

 Leachate shall not be recycled during precipita-

tion events or in volumes large enough to cause

runoff or surface seeps.

3)

 The amount of leachate added to the unit shall not

exceed the ability of the waste and cover soils to

transmit leachate flow downward.

 All other leach-

ate shall be considered excess leachate,

 and a

I ~2-I7I

40

leachate management system capable of disposing of

all excess leachate must be available.

4)

 The leachate storage and distribution system shall

be designed to avoid exposure of leachate to air

unless aeration or functionally equivalent devices

are

utilized.

5)

 The distribution system shall be designed to allow

leachate

evenly

distributed

beneath

the

surface over the recycle area.

6)

 Daily and intermediate cover shall be permeable to

the extent necessary to prevent the accumulation

of water and formation of perched watertables and

gas

buildup;

alternatively

cover

shall

removed

prior to additional waste placement.

Daily

and

intermediate

cover

shall

slope

 away from

the perimeter of the site to minimize surface

discharges.

Leachate

Monitoring

1)

 Representative samples of leachate shall be

collected from each unit and tested in accordance

with subsections

 (g) (2) and

 (g) (3)

 at a frequency

of once per quarter while the leachate management

system is in operation.

 The frequency of testing

may

 be changed to once per year for any monitored

constituent,

 if it

 is not detected in the

leachate.

However,

 if such a constituent is

detected in the leachate, testing frequency shall

return to a quarterly schedule.

2)

 Discharges of leachate from units that dispose of

putrescible

wastes

shall

tested

 for the fol-

lowing constituents prior to treatment or

pretreatment:

A)

 Five day biochemical oxygen demand

 (BOD5);

B)

 Chemical oxygen demand;

C)

 Total Suspended Solids;

D)

 Total

 Iron;

E)

pH;

F)

 Any other constituents listed in the

operator’s National Pollution Discharge

Elimination System

 (NPDES) discharge permit,

112—172

41

pursuant to

 35 Ill.

 Adm. Code

 304,

or

required by a publicly owned treatment works,

pursuant to

35

 Ill. Adm. Code 310; and

G)

 All of the indicator constituents used by the

operator for groundwater monitoring.

3)

 Discharges of leachate from units which dispose

only chemical wastes shall be monitored for

constituents determined by the characteristics

of

the chemical waste to be disposed of

 in the unit.

They shall include,

as

 a minimum:

A)

pH;

B)

 Total Dissolved Solids;

C)

 Any other constituents listed

 in the

operator’s NPDES discharge permit, pursuant

to 35

 Ill. Adm.

 Code

 304,

 or required by a

publicly owned treatment works, pursuant to

35 Ill.

 Adm.

 Code 310;

and

D)

All

 of the indicator constituents used by the

operator for groundwater monitoring.

h)

 Time of Operation of the Leachate Management System

1)

 The operator shall collect and dispose of leachate

for a minimum of five years after closure and

thereafter until treatment

 is no longer necessary.

2)

 Treatment

 is no longer necessary

 if the leachate

constituents do not exceed the wastewater effluent

standards

 in 35

 Ill.

 Adm.

 Code 304.124,

 304.125,

304.126 and do not contain a BOD5 concentration

greater than 30 mg/L for six consecutive months.

Section 811.310

 Landfill Gas Monitoring

a)

 This Section applies to all units that dispose

putrescible wastes.

b)

 Location and Design of Monitoring Wells

1)

 Gas monitoring devices shall

 be placed at inter-

vals and elevations within the waste to provide a

representative sampling of the composition and

buildup of gases within the unit.

112—1

42

Gas

monitoring

devices

shall

placed

around

the

unit at locations and elevations capable of

detecting

migrating

gas

from

the

ground

surface

the

lowest

elevation

the

liner

system

 or the

top

elevation

 of the groundwater, whichever is

higher.

3)

 A predictive gas flow model may be utilized to

determine

the optimum placement of monitoring

points required for making observations and

tracing the movement of gas.

4)

 Gas monitoring devices shall be constructed from

materials that will not react with or be corroded

by the landfill gas.

5)

 Gas monitoring devices shall be designed and

constructed to measure pressure and allow collec-

tion of

 a representative sample of gas.

6)

 Gas monitoring devices shall be constructed and

maintained to minimize gas leakage.

7)

 The gas monitoring system shall not interfere with

the

 operation of the liner,

 leachate collection

system or delay the construction of the final

cover

system.

8)

 At least three ambient air monitoring locations

shall be chosen and samples shall be taken no

higher than 0.025 meter

(1

 inch)

 above the ground

and 30.49m

 (100 feet) downwind from the edge of

the unit or at the property boundary, whichever

is

closer to the unit.

Monitoring

Frequency

All

gas

monitoring

devices,

including

the

ambient

air

 monitors shall be operated to obtain samples

on a monthly

basis

for

 the entire operating period

and for a minimum of five years after closure.

2)

 After a minimum of five years after closure, moni-

toring frequency may be reduced to quarterly

sampling intervals.

3)

 The sampling frequency may be reduced to yearly

sampling intervals

upon

the

installation

and

oper-

ation of

 a gas collection system equipped with a

mechanical

device

such

 compressor to withdraw

gas.

112—174

4)

 After a minimum of five years or,

 in the case of

landfills,

 other than those used exclusive.ly for

disposing of wastes generated at the site,

a

minimum of fifteen years after closure, moni-

toring shall be discontinued

 if the following

conditions have been met for at least one year:

A)

 The concentration of methane

 is less than

five percent of the lower explosive limit

in

air for four consecutive quarters at all

monitoring points outside the unit; and

B)

 Monitoring points within the unit indicate

that methane

 is no longer being produced

in

quantities that would result in migration

from the unit and exceed the standards of

subsection

(a)

(1)

5)

 The operator shall

 include in the permit,

 a list

of air toxics to be monitored

 in accordance with

subsection

 (ci).

 The Agency shall determine the

monitoring frequency of the listed compounds based

upon their emission rates and ambient levels in

the atmosphere.

ci)

 Parameters to be Monitored

1)

 All below ground monitoring devices shall

 be moni-

tored for the following parameters

 at each

sampling interval:

A)

 Methane;

B)

 Pressure;

C)

 Nitrogen;

D)

 Oxygen;

E)

 Carbon dioxide; and

F)

 Any compound on the

 list of air toxics,

adopted by the Board pursuant to Section 9.5

of the Act, which

 is expected to be produced

in the landfill unit.

2)

 Ambient air monitors shall be sampled for methane

only when the average wind velocity

 is less than 8

kilometers

 (five miles)

 per hour at

 a minimum of

three downwind locations 30.49 meters

 (100

 feet)

from the edge of the unit or the property

boundary,

whichever

closer

the

unit.

112—175

44

3)

 All buildings within a facility shall be monitored

for

methane

utilizing

continuous

detection

devices located at the most likely points for

methane to enter.

Section 811.311

 Landfill Gas Management System

The

operator

 shall install a gas management system if

any one of the following conditions are met:

1)

 A methane concentration greater than 50 percent of

 the lower explosive limit in air,

 attributable to

the unit,

 is detected below the ground surface by

an ambient air monitor or a monitoring device

which is located at or beyond the property

boundary or 30.5 meters

 (100 feet)

 from the edge

of the unit, whichever is

 less;

2)

 Methane attributable to the unit is detected at a

concentration greater than

25 percent of the lower

explosive limit

 in air

 in any building on or near

the facility;

3)

 Malodors caused by the unit are detected beyond

the

property

boundary;

4)

 Leachate is recycled in accordance with Section

811.309(e)

b)

 Standards for Gas Venting System

1)

 Gas venting systems shall be utilized only as

optional, temporary mitigation until the

completion of an active system.

2)

 All materials shall be resistant to chemical

reaction

with

the

 constituents

 of the gas.

3)

 The system shall be capable of venting all gas

down to the water table or bottom of the liner,

whichever

 is higher.

4)

 Gas venting systems shall be installed only

outside the perimeter of the unit.

c)

 Standards for Gas Collection Systems

1)

 Gas collection systems may be installed either

 within the perimeter of the unit or outside the

unit.

112—176

45

2)

 The operator shall design and operate the system

so that the standards of subsections

 (a) (1),

(a) (2)

and

 (a) (3) will not be exceeded.

3)

 The gas collection system shall transport gas to a

central point or points for processing for

beneficial uses or disposal

 in accordance with the

requirements of Section 811.312.

4)

 The gas collection system shall be designed to

function for the entire design period.

 The design

may include changes

 in the system to accommodate

changing gas flow rates or compositions.

5)

 All materials and equipment used in construction

of the system shall be rated by the manufacturer

as safe for use

 in hazardous or explosive envi-

ronments and shall be resistant to corrosion by

constituents

 of the landfill gas.

6)

 The gas collection system shall be designed and

constructed to withstand all landfill operating

conditions,

 including settlement.

7)

 The gas collection system and all associated

equipment including compressors,

 flares, moni-

toring installations,

 and manholes shall be con-

sidered part of the facility.

8)

 Provisions

 shall be made for collecting and drain-

ing gas condensate to a management system meeting

the requirements of Section 811.309.

9)

 Under no circumstances shall the gas collection

system compromise the integrity of the liner,

leachate collection

 or cover systems.

10)

 The portion of the gas collection system,

 used to

convey the gas collected from one or more units

for processing and disposal shall be tested to be

airtight to prevent the leaking of gas from the

collection system or entry of air into the system.

11)

 The gas collection system shall be operated until

the waste has stabilized enough to no longer

produce methane in quantities that exceed the

minimum allowable concentrations

 in subsections

(a) (1)

 (a) (2),

and

 (a) (3).

12)

 The gas collection system shall

 be equipped with a

mechanical device,

 such as

 a compressor,

 capable

of withdrawing gas,

 or be designed so that a

112—177

46

mechanical device can be easily installed at a

later

time,

 if necessary, to meet the requirements

of subsections (a)(1),

 (a)(2), and

 (a)(3).

Section 811.312

 Landfill Gas Processing and Disposal System

a)

 The processing of landfill gas for use is strongly

 encouraged but is not required.

b)

 Except as allowed

subsection

(g),

the

landfill

gas

processing and disposal system, including compressors,

blowers,

 raw gas monitoring systems, devices used to

control the flow of gas from the unit,

 flares, gas

treatment devices,

 air pollution control devices and

monitoring equipment must remain under the control of

the

operator

and

 shall be considered part of the waste

disposal facility.

c)

 No gas may be discharged directly to the atmosphere

unless treated or burned onsite prior to discharge in

accordance with a permit issued by the Agency pursuant

to 35 Ill.

 Adm. Code 200 through 245.

d)

 Representative flow rate measurements shall be made of

gas flow into treatment or combustion devices.

e)

 When used for the onsite combustion of landfill gas,

flares shall meet the general control device require-

ments of new source performance standards adopted

pursuant to Section 9.1(b)

 of the Act.

f)

 Standards for Onsite Combustion

 of Landfill Gas Using

Devices Other Than Flares

1)

 At a minimum,

 landfill gas shall be measured for

flow rate, heat value,

 and moisture content along

with combustion parameters including,

 but not

 limited to, oxygen

and

carbon

dioxide

prior

treatment or combustion.

 Constituents of the

landfill gas and combustion byproducts shall be

identified for inclusion

 in an Agency issued

permit based on the type of waste streams that are

or will be

 in the landfill,

 landfill gas analysis

and potential for being emitted into the air after

treatment or combustion.

2)

 All constituents and parameters that must be

measured

before

and

after

treatment

combustion

shall

identified

and

included

permit

issued by the Agency pursuant to 35

Ill.

Adm.

Code

200 through 245.

 At a minimum, the following

112—178

47

types of constituents must be considered for

inclusion in the permit:

A)

 The six criteria air pollutants and the

hazardous air pollutants subject to

regulation under the Clean Air Act (42 U.S.C.

7401 et seq.);

B)

 Any list of toxic air contaminants,

 including

carcinogens,

 mutagens and listed hazardous

air pollutants adopted by the Board pursuant

to Section 9.5 of the Act;

C)

 Volatile Organic Compounds;

D)

 Constituents present in the landfill gas;

and

E)

 Combustion byproducts expected to be emitted

from the combustion or treatment device.

g)

 Landfill gas may be transported offsite to

 a gas

processing facility

 in accordance with the following

requirements:

1)

 The solid waste disposal facility contributes less

than

 50 percent of the total volume of gas

accepted by the gas processing facility.

 Other-

wise,

 the processing facility must be considered

a

part of the solid waste management facility.

2)

 The landfill gas shall be monitored for the

parameters listed in subsection

 (ci) (1)

 as well as

other constituents such as, ammonia

 (NH3)

hydrogen sulfide(H2S)

 and hydrogen(H2)

 that are

needed to operate the gas processing facility.

3)

 The gas processing facility is be sized to handle

the expected volume of gas.

4)

 The transportation

 of gas to an offsite gas pro-

cessing facility shall

 in no way relieve the

operator

 of the requirements

 of Section

811.311(a).

Section 811.313

 Intermediate Cover

a)

 All waste which

 is not to be covered within 60 days of

placement by another

 lift of waste or final cover in

accordance with Section 811.314 shall have a cover

 equivalent

 to that provided by 0.30 meter

(1

 foot)

of

compacted clean soil material.

I 12-l7~

48

b)

 All areas with intermediate cover shall be graded so as

to facilitate drainage of runoff and minimize infiltra-

tion and standing water.

 The grade and thickness of intermediate cover shall be

maintained until the placement of additional wastes or

the final cover.

 All, cracks,

 rills, gullies and

depressions shall be repaired to prevent access to the

solid waste by vectors, to minimize infiltration and to

prevent standing water.

Section 811.314

 Final Cover System

a)

 The unit shall be covered by a final cover consisting

of

low

permeability

layer

overlain

final

protec-

tive layer constructed

 in accordance with the require-

ments of this Section.

b)

 Standards for the Low Permeability Layer

1)

 Not later than 60 days after placement of the

final lift of solid waste, a low permeability

layer shall be constructed.

2)

 The low permeability layer shall cover the entire

unit and connect with 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:

1)

The

minimum

allowable

thickness

shall

be

0.91 meter

 (3 feet);

ii)

The

 layer shall be compacted to achieve

permeability

lx107

 centimeters per

second and minimize void spaces.

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 geomernbrane constructed in accordance with

the following standards:

112—180

49

i)

 The geornembrane shall provide perform-

ance equal or superior to the compacted

earth layer described

 in subsection

(b) (3) (A)

ii)

 The geornembrane shall have strength to

withstand the normal stresses imposed by

the waste stabilization process.

iii) The geomembrane shall be placed over

a

prepared base free from sharp objects

and other materials which may cause

damage.

C)

 Any other low permeability layer construction

 techniques or materials,

 provided that they

provide equivalent or superior performance to

the requirements

 of this subsection.

c)

 Standards for the Final Protective Layer

1)

 The final protective

 layer shall cover the entire

low permeability layer.

2)

 The thickness of the final protective layer

 shall

be sufficient to protect the low permeability

layer from freezing and minimize root penetration

of the low permeability

 layer,

 but shall not be

less than 0.91 meter

 (3 feet).

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 811.315

 Hydrogeologic Site Investigations

a)

 Purpose

The operator shall conduct a hydrogeologic investiga-

tion to develop hydrogeologic information for the fol-

lowing uses:

1)

 Provide information

 to perform a groundwater

impact assessment;

and

2)

 Provide information to establish

 a groundwater

monitoring system.

1 12—1~1

50

General

Requirements

The

investigation

shall

 be conducted in a minimum

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 related

areas, to the extent necessary to characterize the

hydrogeology.

3)

 All borings shall be sampled continuously at all

recognizable points of geologic variation,

 except

that where continuous sampling is impossible or

where non—continuous sampling can provide

equivalent information, samples shall be obtained

at intervals no greater than 1.52 meters

 (five

feet)

 in homogeneous strata.

c)

 Minimum Requirements for a Phase

 I Investigation

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 setting,

including a description of the geomorpholgy

and stratigraphy of the area;

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, in-

cluding,

 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

112—182

51

hydrogeologic setting information

 is accurate

and and to characterize the site-specific

hydrogeology to the extent 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 additonal borings, required

under this subsection, may be chosen by the

investigator,

 but shall be sampled

continuously.

d)

 Minimum Requirements for a Phase II Investigation

1)

 Information to be developed

Using the information developed

 in the Phase

I

survey,

 a Phase II study shall

 be conducted to

collect the site—specific information listed below

as needed to augment data collected during the

Phase

.1

 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 feas-

ible to the topographical high point,

and

another

 shall

 be located as close as feasible

to

the

 topographical

low

 point of the study

area.

1I2-1~~

52

B)

 At least one boring shall be at or near each

corner

 of• the site.

 Where the property is

irregularly

shaped

the

borings

shall

located

near

the

boundary

pattern

and

spacing necessary to obtain data over the

entire study area.

C)

 Additional borings may be located at inter-

mediate points at locations and spacings

necessary to establish the continuity of the

stratigraphic units.

D)

 Piezometers and groundwater monitoring wells

shall be established to determine the direc-

tion and flow characteristics of the ground-

water in all strata and extending down to the

bottom of the uppermost aquifer.

 Ground-

water samples taken from such monitoring

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 informa-

tion.

 Other methods include, but are not

 limited to, geophysical well logs, geophysi-

cal 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 infor-

mation collected in the Phase

 I and II inves-

tigations;

B)

 Characterization of potential pathways for

contaminant migration;

C)

 Correlation of stratigraphic units between

borings.

112—184

53

D)

 Continuity

 of petrographic features includ-

ing,

 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 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 concentrations,

in

accordance with Section 811.320(d),

 for:

i)

 Any constituent for which there

 is a

public or food processing water supply

standard at 35

 Ill.

 Adrn.

 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

Section 811.319 (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,

fracture traces,

 facies changes,

 solution

channels,

 buried stream deposits,

 cross

cutting structures and other geologic fea-

tures that may affect the ability of the

operator to monitor the groundwater or pre-

dict 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

I 12—1S5

54

the minimum standards of

 a phase III

investigations by using methods that may include,

but not limited to exáavation of 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

procedures

for

sampling

and

 analysis.

The

operator

may

 conduct the hydrogeologic

investigation in any number of alternative ways

provided

that

the

necessary

information

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 811.316

 Plugging and Sealing of IDrill Holes

All drill holes,

 including exploration borings that are not con-

verted into monitoring wells,

 monitoring wells that are no longer

necessary to the operation of the site,

 and other holes that may

 cause or facilitate contamination of groundwater 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 n~olonger intended for use shall be

backfilled 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.

For

drill

holes

 in gravels and other permeable strata

where a watertight seal

 is not necessary to prevent the

creation of a pathway,

 drill cuttings and other earthen

materials

may

 utilized as backfill.

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

its

original

condition.

Section 811.317

 Groundwater Impact Assessment

112—186

55

The impacts of the 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,

 pursuant to subsection

 (b).

2)

 The concentration of constituents

 in the leachate

shall be determined from actual leachate samples

from the waste or similar waste,

 or laboratory de-

rived extracts.

3)

 A contaminant transport model meeting the

standards of subsection

 (c) shall be utilized to

estimate the concentrations of the leachate con-

stituents

 over’ time and space.

 The Agency must

review a groundwater contaminant transport model

for acceptance

 in accordance with 35 Ill. Adm Code

813.111.

b)

 Acceptable Groundwater Impact Assessment

The groundwater contaminant transport

 (GCT)

 model

results shall be used in the assessment of the

groundwater impact.

 The groundwater impact shall be

considered acceptable

 if the GCT model predicts that

the concentrations

 of all the constituents

 of the

leachate outside the zone of attenuation are less than

the applicable groundwater quality standards of Section

811.320, within 100 years of closure

 of the unit.

c)

 Standards

for the Contaminant Transport Model

1)

 The model shall have supporting documentation that

establishes

 its ability to represent groundwater

flow and contaminant transport and any history of

its previous applications.

2)

 The set of equations representing groundwater

movement and contaminant transport.must be theo-

retically sound and well documented.

112—1 R7

56

The

 numerical solution methods must be based upon

sound mathematical principles and be supported by

verification and checking techniques.

4)

 The model must be calibrated against site specific

field data developed pursuant to this Part.

5)

 A sensitivity analysis shall be conducted to

measure the model’s response to changes

 in the

values assigned to major parameters,

 specified

error tolerances,

 and numerically assigned space

and time discretizations.

6)

 Mass balance calculations on selected elements in

the model shall be performed to verify physical

validity.

 Where the model does not prescribe the

amount of mass entering the system as a boundary

condition,

 this step may be ignored.

7)

 The values of the model’s parameters requiring

site specific data shall be based upon actual

field or laboratory measurements.

8)

 The values of the model’s parameters which do not

require site specific data shall be supported by

laboratory test results or equivalent methods

documenting the validity of the chosen parametric

values.

Section 811.318

 Design,

Construction

 and Operation of

Groundwater Monitoring Systems

a)

 All potential sources of discharges to groundwater

within the facility,

 including,

but not limited to, all

waste disposal units and the leachate management sys-

tem,

 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 811.319.

 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 estab-

lished at sufficient locations downgradient with

respect to groundwater flow and not excluding the

112—188

57

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 811.320(e)

and shall be used for determining compliance with

an applicable groundwater quality standard of

Section 811.320.

 An observed statistically

significant increase above the applicable

groundwater quality standards of Section 811.320

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 811.319

 at all monitoring

points.

 The predicted values shall be used to

establish the maximum allowable predicted

concentrations

 (MAPC)

 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

112—1~3Q

58

All

monitoring

wells

 shall be cased in a manner

that

maintains

the

integrity

 the bore hole.

The casing material shall be inert so as not to

affect the water sample.

 Casing requiring sol-

vent—cement type couplings 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 not react with or in any way

affect the sample,

 in order to prevent

contamination of samples and groundwater and avoid

interconnections.

 The seal shall extend to the

highest known seasonal groundwater level.

4)

 The annular space shall be backfilled 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.

5)

 The annular space between the upper and lower

seals and

 in the unsaturated zone may be

backfilled 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.

112—190

59

e)

 Standards for Sample Collection and Analysis

1)

 The groundwater monitoring program shall include

consistent sampling and analysis procedures to

assure that monitoring results will provide a

reliable indication

 of groundwater quality in the

zone being monitored.

2)

 The operator shall utilize procedures and

techniques to insure that collected samples are

representative of the zone being monitored and

that prevent cross contamination of samples from

other monitoring wells or from other samples.

At

least 95 percent of a collected sample shall

consist

 of groundwater from the zone being

monitored.

3)

 The operator shall establish a quality assurance

program that provides quantitative detection

limits and the degree of error for analysis of

each chemical constituent.

4)

 The operator shall establish

 a sample preservation

and shipment procedure that maintains the

reliability of the sample collected for analysis.

5)

 The operator shall institute

 a chain of custody

procedure to prevent tampering and contamination

of the collected samples prior to completion of

analysis.

6)

 At a minimum,

 the operator shall sample the fol-

lowing parameters

 at all wells

 at the time of

sample collection and immediately before filtering

and preserving samples for shipment:

A)

 The elevation of the water table

B)

 The depth of the well below ground

C)

pH

D)

 The temperature of the sample

E)

 Specific Conductance

1 l2-l~1

60

Section 811.319

 Groundwater Monitoring Programs

a)

 Detection Monitoring Program

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

landfill or within one year of the effective

date of this Part for an existing landfill.

Monitoring’shall continue for a minimum

period of fifteen 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

 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 maximum allowable

predicted concentration

 for that constituent.

B)

 Beginning fifteen years after closure of the

unit,

 or five years after all other potential

sources of discharge no longer constitute a

threat to groundwater,

 as defined in

subsection

 (a)(1)(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

 any well where

 a statistically

significant increase is determined to have

occurred in accordance with Section

811.320(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

112—192

61

ii)

 All constituents monitored within the

zone of attenuation are less than or

equal to their maximum allowable

predicted concentration 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 fifteen 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 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

Illinois Groundwater Protection Act

(Ill.

 Rev.

 Stat.

 1989,

ch.

 111 1/2, par.

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

11 2—1~)3

62

represents.

The

use

such

indicator

constituents must be included in an Agency

approved permit.

3)

 Organic Chemicals Monitoring

The

operator

shall

 monitor each existing well that

is being used as a part of the monitoring well

network at the facility within one year of the

effective date of this Part,

 and monitor each new

well within three months of its establishment.

The monitoring required by this subsection shall

be for a broad range of organic chemical

contaminants in accordance with the procedures

described

below:

A)’

 The analysis shall be at least as

comprehensive and sensitive as the tests for;

i)

 The 51 organic chemicals in drinking

water described at 40

CFR

141.40

(1988),

incorporated by reference at 35 Ill.

Adm.

 Code 810.104; and

ii)

 Any other organic chemical for which a

groundwater quality standard or

criterion has been adopted pursuant to

Section 14.4 of the Act or Section

 8 of

the Illinois Groundwater Protection Act.

B)

 At least once every two years,

 the operator

shall monitor each well in accordance with

subsection

(a) (1)

(A).

Confirmation

Monitored

Increase

A)

 The confirmation procedures of this

subsection shall be used only if the

concentrations of the constituents monitored

can be measured at or above the practical

quantitation

limit

(PQL).

The

PQL

 defined

the

 lowest concentration that can be

reliably measured within specified limits of

precision and accuracy, under routine

laboratory operating conditions.

The

operator shall confirmation procedures of

subsection

(a)

(4) (B)

after

notifying

the

Agency in writing, within

 10 days,

 of the

following observed increases:

i)

 The concentration of any constituent

monitored

accordance

with

subsection

112—194

63

(a) (1) 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) exceeeds 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

811. 320.

B)

 The confirmation procedures shall include

the

following:

i)

 The operator shall verify any observed

increase by taking 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 811.320(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 offsite source.

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

11 2—1’Y

64

The

operator

shall

begin

assessment

monitoring

program in order to confirm that the solid waste

disposal facility is the source of the contamination

and

provide

information

needed

carry

out

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

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;

C)

 The placement of additional monitoring wells

determine

the

source

and

 extent of the

contamination;

ID)

 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

the

contamination.

The

 operator of the facility for which assement

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

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

permitted

facilities,

within

 90 days of Agency

approval.

the

analysis

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 811.320 and is

attributable to the solid waste disposal facility,

112—196

65

then the operator shall determine the nature and

 extent of the groundwater contamination including

an assessment

 of the potential impact on the

groundwater should waste continue to be accepted

at the facility and shall implement remedial

action in accordance with subsection

 (ci).

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

allowable predicted concentration within the zone

of attenuation,

 then the operator shall conduct

a

groundwater impact assessment

 in accordance with

the requirements of subsection

(c)

c)

 Assessment

of Potential Groundwater Impact

An operator required to conduct

 a groundwater impact

assessment

 in accordance with subsection

 (b) (4) shall

assess the potential impacts outside the zone of

attenuation that may result from confirmed increases

above the maximum allowable predicted concentration

within the zone of attenuation,

 attributable to the

facility,

 in order to determine if there

 is need for

remedial action.

 In addition to the requirements

of

Section 811.317, the following shall apply:

1)

 The operator shall utilize any new information

developed since the initial assessment and inform-

ation 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

 (ci)

to

the Agency within 180 days of the start of the

assessment monitoring program.

ci)

 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 days of determination of

either

 of the following:

A)

 The groundwater impact assessment performed

in accordance with subsection

 (c),

 indicates

that remedial action

 is needed;

or

Ii 2-1~7

66

B)

 Any confirmed increase above the applicable

groundwater quality standards of Section

811.320 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 811.320 is attributable to the solid

waste disposal facility in accordance with

subsection

(b) (3);

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

ID)

 Any other equivalent technique which will

prevent

further

contamination

groundwater.

5)

 Termination of the Remedial Action Program

The

remedial

action

program

 shall continue in

accordance with the plan until monitoring

shows that the concentrations of all

monitored constituents are below the maximum

allowable

predicted

concentration

within

the

112—198

67

zone of attenuation,

 and below the applicable

groundwater quality standards of Section

811.320

 at or beyond the zone of attenuation,

over

 a period of

 4 consecutive quarters.

B)

 The operator shall submit to the Agency all

information collected under subsection

(d) (5) (A).

 If the facility is permitted then

the operator shall submit this information as

significant modification of the permit.

Section 811.320

 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).

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 purp.oses 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,

 whichever is

lower.

112—1(19

68

b)

 Justification for Adjusted Groundwater Quality

Standards

operator

may

petition

the

Board

for

adjusted

groundwater quality standard in accordance with

the

procedures

specified

Section

28.1

the

Act

and 35 Ill.

 Acm.

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 operator 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; and

C)

 All technically feasible and economically

reasonable methods are being used to prevent

the degradation of the groundwater quality.

For

groundwater

which

 contains naturally occurring

constituents which do not meet the standards of

35

Ill.

 Adra.

 Code 302.301,

302.304,

and

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 is necessary for economic or

social development; and

The

groundwater

cannot

presently,

and

will

not in the future,

 serve as a source of

drinking water because:

impossible

remove

water

usable

quantities;

112—200

69

ii)

 The groundwater

 is situated at a depth

or location such that recovery of water

for drinking purposes

 is not techno-

logically feasible or economically

reasonable;

iii) The groundwater

 is so contaminated that

it would be economically or technologi-

cally impractical to render that water

fit for human consumption;

iv)

 The total dissolved solids content of

the groundwater is more than 3,000 mg/l

and that water

 is not reasonably

expected to serve a public water supply

system; or

v)

 The total dissolved solids content of

the groundwater exceeds 10,000 mng/l.

c)

 Determination of the Zone of Attenuation

1)

 The zone of attenuation, within which

concentrations

 of constituents

 in leachate

discharged from the unit may exceed the applicable

groundwater quality standard of this Section,

 is a

volume bounded by a vertical plane

 at the property

boundary or 100 feet from the edge of the unit,

whichever

is

 less,

 extending from the ground

surface to the bottom of the uppermost aquifer and

excluding the volume occupied by the waste.

2)

 Zones

 of attenuation shall not extend to the an-

nual 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

811.315.

 The background concentrations

 for those

parameters

 identified

 in Sections 811.315(e) (1) (G)

and 811.319(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.

I 12—2111

70

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

the

 concentrations of constituents

observed in upgradient wells over time are

determined,

 in accordance with subsection

 (e), to

be statistically significant.

 Background

concentrations determined in accordance with this

subsection shall be used for the purposes of

establishing groundwater quality standards,

in

accordance with subsection

(a)

 The operator

shall prepare a list of the background

concentrations established in accordance with this

subsection.

 The operator shall maintain such a

list at the facility,

 shall submit a copy of the

list to the Agency for establishing standards in

accordance with subsection

 (a), and shall provide

updates to the list within ten days of any change

to the list.

2)

 A network of monitoring wells shall be established

upgradient from the unit, with respect to

groundwater flow,

 in accordance with the following

 standards,

 in order to determine the background

concentrations of constituents in the groundwater:

A)

 The wells shall be located at such a distance

that discharges of contaminants from the unit

will not be detectable;

B)

 The wells shall be sampled at the same

frequency as other monitoring points to pro-

vide continuous background concentration

data, throughout the monitoring period; and

C)

 The wells shall be established in locations

and at depths that account for spatial

variability.

3)

 A determination of background concentrations may

include

the

sampling

wells

that

are

not

hydraulically 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 concentations that

112—202

71

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 transformations

 of the

data

 set.

 Where such normal theory tests are

demonstrated to be inappropriate,

 tests listed in

subsection

 (e) (5)

or

 a test

 in accordance with

subsection

 (e) (6)

 shall

 be used.

 Any statistical

test chosen from subsections

 (e) (4)

or

 (e) (5),

the

level of significance

 (Type

 1 error level)

 shall

be no less than 0.01,

 for individual well

comparisons,

 and no less than 0.05,

 for multiple

well comparisons.

 The statistical analysis shall

include, but not be limited to, the accounting of

data below the detection limit of the analytical

method used,

 the establishment

 of background

concentrations and the determination of whether

statistically significant changes have occurred

in:

A)

 The concentration of any chemical constituent

with respect to the background concentration

or maximum allowable predicted concentration;

and

B)

 The established background concentration of

any chemical constituents over time.

2)

 The statistical test or tests used shall be based

upon the sampling and collection protocol of

Sections 811.318 and 811.319.

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

112—203

72

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 nondetects in the

data base used is less than 15 percent, the

operator shall replace NDs 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 nondetects 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

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 nonparametric test from subsection

(e) (5)

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 Newmnan—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.

 Adm. Code 724.197(i).

5)

 Nonparametric statistical tests shall include:

Mann-Whitney U-test, Kruskal-Wallis test,

a

112—204

73

nonparametric analyis of variance

 (ANOVA)

for

multiple comparisons

 or the Wilcoxon Rank Sum

test.

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(i).

Section 811.321

 Waste Placement

a)

 Phasing of Operations

1)

 Waste disposal operations

 shall move from the

lowest portions of the unit to the highest por-

tions.

 Except as provided in subsection

 (a) (2)

the placement of waste shall begin

 in the lowest

part of the active face 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) (1)

 only

under any of the following conditions:

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 or damage to any part

of the liner;

B)

 The topography

 of the land surrounding the

unit makes the procedure of subsection

 (a) (1)

environmentally unsound,

 for example, because

steep slopes surround the unit;

or

C)

 When groundwater monitoring wells,

constructed in accordance with the

requirements of Section 811.319,

 are placed

50 feet,

or

 less,

 downgradient

 from the

filled portions of the unit.

b)

 Initial Waste Placement

1)

 Construction, compaction and earth moving equip-

ment shall

 be prohibited

 from operating directly

on the leachate collection piping system until a

minimum of five feet of waste has been mounded

over the system.

2)

 Construction, compaction and earth moving equip-

ment shall

 be prohibited

 from operating directly

112—205

74

on the leachate drainage blanket.

 Waste disposal

operations shall begin at the edge of the drainage

layer

carefully

pushing

waste

out

over

the

drainage layer.

3)

 An initial layer of waste,

 a minimum of five feet

thick,

 shall be placed over the entire drainage

blanket immediately after construction, but prior

to the onset of weather conditions that may cause

 the compacted earth liner to freeze.

4)

 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 requirements of Section

811. 306.

Section 811.322

 Final

 Slope and Stabilization

a)

 All final slopes shall be designed and constructed to a

grade capable of supporting vegetation and which

minimizes erosion.

b)

 All slopes shall be designed to drain runoff away from

the cover and which prevents ponding.

 No standing

water shall be allowed anywhere in or on the unit.

c)

 Vegetation

1)

 Vegetation shall be promoted on all reconstructed

surfaces to minimize wind and water erosion of the

final

protective

cover.

2)

 Vegetation shall be compatible with the climatic

conditions.

3)

 Vegetation shall require little maintenance;

4)

 Vegetation shall consist of

 a diverse mix of na-

tive 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.

112—206

75

ci)

 Structures Constructed Over the Unit

1)

 Structures constructed over the unit must be

compatible with the land use;

2)

 Such structures

 shall be designed to vent gases

away from the interior; and

3)

 Such structures must in no way interfere with the

operation of

 a cover system,

 gas collection sys-

tem,

 leachate collection system or any monitoring

system.

Section 811.323

 Load Checking Program

a)

 The operator shall

 implement a load checking program

that meets the requirements of this Section,

for

detecting and discouraging attempts to dispose

regulated hazardous wastes at the facility.

For

purposes of this Section and Section 811.406,

“regulated hazardous wastes”

 are wastes defined as such

under

RCRA,

at

 35 Ill. Adm. Code 721,

 and subject to

regulations under 35 Ill. Adm.

 Code:

 Subtitle

G.

b)

 The load checking program shall consist of,

 at a

minimum,

 the following components:

1)

 Random inspections

A)

 An inspector designated by the facility shall

 examine at least three random loads of solid

waste delivered to the landfill on

 a random

day each week.

 The drivers randomly selected

by the inspector shall be directed to

discharge their loads at a separate,

designated location within the facility.

The

facility shall conduct

 a detailed inspection

of the discharged material for any regulated

hazardous or other unacceptable wastes that

may be present.

 Cameras or other devices may

be used to record the visible contents of

solid waste shipments.

 Where such devices

are employed, their use should be designated

on

 a sign posted near the entrance to the

facility.

B)

 If regulated hazardous wastes or other

unacceptable wastes are suspected, the

facility shall communicate with the

generator,

 hauler or other party responsible

11 2—207

76

for shipping the waste to the facility to

determine

the

identity

the

waste.

2)

 Recording inspection results

Information and observations derived from each

random inspection shall be recorded in writing and

retained at the facility for at least three years.

The recorded information shall include,

 at a

minimum,

 the date and time of the inspection; the

 names of the hauling firm and the driver of the

vehicle; the vehicle license plate number; the

source of the waste,

 as stated by the driver; and

observations made by the inspector during the

detailed inspection.

 The written record shall be

signed by both the inspector and the driver.

3)

 Training

The

solid

 waste management facility shall train

designated inspectors,

equipment

operators,

weigh

station attendants, spotters at large facilities,

and all other appropriate facility personnel in

the identification of potential sources of

regulated hazardous wastes.

 The training program

shall emphasize familiarity with containers

typically

used

for

 regulated hazardous wastes and

with labels for regulated hazardous wastes, under

PCRA,

 and for hazardous materials under the

Hazardous

Materials

Transportation

Act

(49

 U.S.C.

1801

seq.).

c)

 Handling Regulated Hazardous Wastes

1)

 If any regulated hazardous wastes are identified

by random load checking, or are otherwise

discovered to be improperly deposited at the

facility,

the

facility

shall

promptly

notify

the

Agency,

 the person responsible for shipping the

wastes

the

 landfill, and the generator of the

wastes,

known.

Waste

loads

identical

the

regulated

hazardous

waste

identified

through

the

random load checking which have not yet been

deposited in the landfill shall not be accepted’.

The

area

where

the

 wastes are deposited shall

immediately

cordoned

off

from

public

access.

The

solid

waste

management

facility

shall

assure

the cleanup, transportation and disposal of the

waste at a permitted hazardous waste management

facility.

112—208

77

2)

 The party responsible for transporting the waste

to the solid waste management facility shall be

responsible for the costs of such proper cleanup,

transportation and disposal.

3)

 Subsequent shipments by persons or sources found

or suspected to be previously responsible for

shipping regulated hazardous waste shall be

subject to the following special precautionary

measures prior to the solid waste management

facility accepting wastes.

 The operator shall use

precautionary measures such as questioning the

driver concerning the waste contents prior to

discharge and visual inspection during the

discharge of the load at the working face or

elsewhere.

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.

b)

 The standards of this Subpart apply in addition to the

standards of 35

 Ill. Adm. Code 809.

c)

 Inspection,

 testing or acceptance of waste by a solid

waste management facility shall not relieve the genera-

tor or transporter of responsibility for compliance

with the requirements

of

35

 Ill. Adm.

 Code 700:

Subtitle

G.

Section 811.402

 Notice to Generators and Transporters

A prominent sign at the entrance to each solid waste management

facility shall state that disposal of hazardous waste

is

prohibited and,

if

 it is

 a facility permitted by the Agency to

accept special wastes pursuant to 35

 Ill.

 Adm.

 Code 807,

 also

state that special waste will be accepted only

 if accompanied by

an

 identification record and a manifest,

 unless such waste

is

exempted from the manifest requirements of this Part and

35

 Ill.

Adm. Code 809.Subpart

E.

Section 811.403

 Special Waste Manifests

a)

 Each special waste accepted for disposal at

 a permitted

solid waste

management

facility

 shall be accompanied by

a manifest containing the following information,

 unless

ii 2—2fl~

78

such special waste is disposed at an onsite facility

and

exempted,

accordance

with

 35 Ill.

 Adm. Code

809.211,

from

the

manifest

requirement:

1)

 The name of the generator of the special waste;

2)

 When and where the special waste was generated;

3)

 The name

 of the special waste hauler;

The

 name of the solid waste management facility to

which it

 is shipped as

 a final destination point;

5)

 The date of delivery;

6)

 The name, waste stream permit number

(if

applicable)

 and quantity of special waste

delivered to the hauler;

7)

 The signature of the person who delivered the

 special waste to the special waste hauler,

acknowledging such delivery;

The

signature

 of the special waste hauler,

acknowledging receipt of the special wastes; and

9)

 The signature of the person who accepted the

special waste at its final destination,

acknowledging acceptance of the special waste.

b)

 A permitted facility that accepts special waste must be

designated on the manifest as the final destination

point.

 Any subsequent delivery of the special waste or

any portion or product thereof to a special waste

hauler

shall

conducted

under

transportation

record

initiated by the permitted solid waste management

facility.

c)

 Distribution of Manifests After Delivery

1)

 The receiving solid waste management facility,

shall accept special waste only if accompanied by

three copies of the manifest from the hauler.

The

hauler

shall

 retain one copy.

2)

 The receiving solid waste management facility

shall:

A)

 Send one copy of the completed transportation

record to the person who delivered the

special waste to the special waste hauler

112—210

79

(usually the generator,

 or another special

 waste management

 facility);

B)

 Send one copy of each signed manifest to the

Agency

 in accordance with the requirements

of

35 Ill. Adm.

 Code

 809; and

C)

 Send information on rejected loads to the

Agency

 in a quarterly report.

d)

 Every, person who delivers special waste to a

 special

waste hauler,

 every person who accepts special waste

from

 a special waste hauler and every special waste

hauler shall retain a copy of the special waste trans-

portation record as

 a record of each special waste

transaction.

 These copies shall be retained for three

years,

 and shall be made available at reasonable times

for inspection and photocopying by the Agency pursuant

to Section 4(d)

 of the Act.

Section 811.404

 Identification Record

a)

 Each special waste disposed of at a facility (including

special wastes generated at the facility)

 shall be

accompanied by a special waste profile identification

sheet,

 from the waste generator,

 that certifies the

following:

1)

 The generator’s name and address;

2)

 The transporter’s name and telephone number;

3)

 The name of waste;

4)

 The process generating the waste;

5)

 Physical characteristics

 of waste

 (e.g.,

 color,

odor,

 solid or liquid,

 flash point);

6)

 The chemical composition of the waste;

7)

 The metals content

 of the waste;

8)

 Hazardous characteristics

 (including

identification

 of wastes deemed hazardous by the

United States Environmental Protection Agency or

the state);

9)

 Presence of polychlorinated biphenyls

 (PCB)s or

2,3,7,8—tetrachlorodibenzodioxin

 (2,3,7,8—TCDD)

;

and

112—21.1

80

10)

 Any other information, such as the result of any

test

carried

out

accordance

with

Section

811.202, that can be used to determine:

A)

 Whether the special waste

 is regulated as a

hazardous waste,

 as defined at

Ill.

Adm.

Code

721;

B)

Whether

the

 special waste

 is of a type that

is permitted for or has been classified,

in

accordance with 35

 Ill. Adm.

 Code 809,

for

storage, treatment,

 or disposal

the

facility; and

C)

 Whether the method of storeage,

 treatement,

or disposeal, using the methods available at

the facility,

appropriate

for

the

waste.

b)

 Special waste recertification

Each subsequent shipment of a special waste from the

same generator must be accompanied by a transportation

record,

copy

 the original special waste profile

identification sheet,

 and either:

1)

 A special waste recertification by the generator

describing whether there have been changes in the

following:

A)

 Laboratory analysis

 (copies to be attached);

B)

 Raw material

 in the waste-generating process;

C)

 The waste-generating process itself;

D)

 The physical or hazardous characteristics of

the

waste;

and

E)

 New information on the human health effects

of exposure to the waste; or

2)

 Certification indicating

that

any

change

 in the

physical or hazardous characteristic of the waste

not

sufficient

require

 a new special waste

profile.

Section 811.405

 Recordkeeping Requirements

The

solid

 waste management facility operator shall retain copies

of any special waste profile identification sheets, special waste

recertifications,

certifications

representative

sample,

special waste laboratory analyses, special waste analysis plans,

and

any

waivers

 requirements (prohibitions, special waste

112—212

81

management authorization,

 and operating requirements)

 at the

facility until the end of the postclosure care period.

Section 811.406

 Procedures

 for Excluding Regulated Hazardous

Wastes

The operator shall implement

 a load checking program that meets

the requirements of Section 811.323 for detecting and

discouraging attempts to dispose of regulated hazardous wastes at

the facility.

SUBPART

E:

 CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Section 811.501

 Scope and Applicability

All structures necessary to comply with the requirements of this

Part shall be constructed according to a construction quality

assurance program that,

at

 a minimum, meets the requirement of

this Subpart.

Section 811.502

 Duties and Qualifications

 of Key Personnel

a)

 Duties and Qualifications of the Operator

The operator shall designate a third party contractor,

a person other than the operator or an employee of the

operator,

 as the construction quality assurance

 (CQA)

 officer.

b)

 Duties and Qualifications of the CQA officer

1)

 The CQA officer shall supervise and be responsible

for all inspections, testing and other activities

required to be implemented as part of the CQA

program under this Subpart.

2)

 The CQA officer shall be a professional engineer.

Section 811.503

 Inspection Activities

a)

 The CQA officer shall be present

 to provide supervision

and assume responsibility for performing all

inspections of the following activities:

1)

 Compaction

 of the subgrade and fo~ndationto

design parameters;

2)

 Installation of the compacted earth liner;

3)

 Installation of a geomembrane;

4)

 Installation

 of slurry trenches or cutoff walls;

112—213

82

5)

 Installation of the leachate drainage and

collection

system;

Application

final

cover;

7)

 Installation of gas control facilities; and

8)

 Construction of ponds, ditches,

 lagoons and berms.

b)

 If the CQA officer is unable to be present to perform,

as required by subsection

 (a),

 then the CQA officer

shall provide,

 in writing, reasons for his absence,

a

designation of a person who shall exercise professional

 judgement

 in carrying out the duties of

 a CQA officer

as the designated CQA officer-in-absentia,

 and a signed

statement that the CQA officer assumes full personal

responsibility for all inspections performed

and

reports prepared by the designated CQA officer-in-

absentia during the absence of the CQA.

Section 811.504

 Sampling Requirements

A sampling program shall be implemented as part of the CQA plan,

for all construction activities,

 in order to ensure,

 at a

minimum, that construction materials and operations meet the

following requirements:

a)

 The sampling program shall be designed prior to

construction.

b)

 The sampling program shall be based upon statistical

sampling techniques and shall establish and specify

criteria for acceptance or rejection of materials and

operations.

Section 811.505

 Documentation

daily

summary

report

shall

prepared

the

CQA

officer,

under

the

direct

supervision

the

CQA

officer,

during

each

day

 activity.

 The report shall

contain,

 at a minimum:

1)

 The date;

2)

 A summary of the weather conditions;

3)

 A summary of locations where construction

is

occurring;

4)

 Equipment and personnel on the project;

5)

 A summary of any meetings held and attendees;

112—214

83

6)

 A description of all materials used and references

or results of testing and documentation;

7)

 The calibration and recalibration of test

equipment;

8)

 The daily inspection report from each inspector.

b)

 Daily Inspection Reports

Each inspector shall complete a daily inspection report

containing the following information:

1)

 The location;

2)

 The type of inspection;

3)

 The procedure used;

4)

 Test data;

5)

 The results of the activity;

6)

 Personnel involved in the inspection and sampling

activities; and

7)

 The signature of the inspector.

c)

 Photographic Records

Photographs may be used as tools to document the

progress and acceptability of the work and may be

incorporated into the daily summary report,

 daily

inspection report,

 and an acceptance report.

 Each

photo shall be identified with the following

information:

1)

 The date,

 time and location of photograph;

2)

 The name of photographer; and

3)

 The signature of photographer.

ci)

 Acceptance Reports

Upon completion of the construction of each major

phase,

 the CQA officer shall submit an acceptance

report to the Agency.

 The acceptance report shall

be

submitted before the structure is placed into service

and shall contain the following:

1 ~2—2 5

84

certification

the

CQA

officer

that

the

construction

has

been

prepared

and

constructed

accordance

with

the

engineering

design;

As-built

drawings;

and

3)

 All daily summary reports.

Section 811.506

 Foundations and Subbases

a)

 The CQA officer shall identify and ensure that the site

investigation is carried out in accordance with the

plans,

 identify unexpected conditions and record all

modifications to the plans and construction procedures

on the as-built drawings.

The

CQA

 officer shall observe soil and rock surfaces

for joints, fractures and depressions, document the

filling

all

 joints and fractures and document the

 removal and filling of local sand deposits on the as—

built drawings.

c)

 The CQA officer shall ensure that there are no moisture

seeps and that all soft, organic or other undesirable

materials are removed.

Section 811.507

 Compacted Earth Liners

a)

 Requirements for a Test Liner

A test fill shall

 be constructed before construction of

the actual,

 full-scale compacted earth liner,

in

accordance with the following requirements:

The

test

liner

shall

constructed

 from the same

soil material, design specifications, equipment

and procedures as are proposed for the full—scale

liner;

2)

 The test fill shall be at least four times the

width of the widest piece of equipment to be used;

3)

 The test fill shall be long enough to allow the

equipment to reach normal operating speed before

reaching the test area;

4)

 At least three lifts shall

 be constructed;

5)

 The test fill shall be tested as described below

for each of the

following

physical

properties

using tests to ensure

 a statistically valid sample

size:

112—216

85

A)

 Field testing techniques shall be used to

 determine the hydraulic conductivity.

B)

 Samples shall also be tested in the

laboratory for hydraulic conductivity.

The

laboratory results shall be evaluated to

determine if there

 is a statistical

correlation to the field testing results.

C)

 Other engineering parameters,

 including but

not limited to particle size distribution,

plasticity,

 water content, and in—place

density, that are needed to evaluate the

full-scale liner shall be determined.

6)

 Additional test fills shall be constructed for

each time the material properties of

 a new borrow

source changes or for each admixture or change in

equipment or procedures;

and

b)

 Construction of a test fill or the requirements

 for an

additional test fill may be omitted if a full—scale

liner or a test fill has been previously constructed

in

compliance with this subsection and documentation and

is available to demonstrate that the previously

constructed liner meets the requirements

 of subsection

(a)

 The CQA officer shall inspect the construction and

testing of test fills to ensure that the requirements

of subsection

(a)

 are met.

 During construction of the

actual,

 full—scale compacted earth liner, the CQA

officer shall ensure the following:

1)

 Use of same compaction equipment as used in test

 fill;

2)

 Use of same procedures,

 such as number of passes

and speed;

3)

 Uniformity of coverage by compaction equipment;

4)

 Consistent achievement of density, water content

and permeability of each successive

 lift;

5)

 Use of methods to bond successive lifts together;

6)

 Achievement of liner strength on sidewalls;

112—217

86

7)

 Contemporaneous placement of protective covering

prevent

drying

and

desiccation,

where

necessary;

8)

 Prevention of the placement of frozen material or

the placement of material on frozen ground;

9)

 Prevention of damage to completed liner sections;

and

10)

 That construction proceeds only during favorable

climatic

conditions.

Section 811.508

 Geomembranes

The CQA officer shall insure the following:

a)

 The bedding material contains no undesirable objects;

b)

 The placement plan has been followed;

c)

 The anchor trench and backfill are constructed to

prevent damage to the geomembrane;

ci)

 All tears,

 rips,

 punctures,

 and other damage are

repaired; and

e)

 All geomembrane seams are properly constructed and

tested.

Section 811.509

 Leachate Collection Systems

a)

 The CQA officer shall insure that pipe sizes, material,

perforations, placement and pipe grades are in

accordance with the design.

b)

 The CQA officer shall insure that all soil materials

used for the drainage blanket and graded filters meet

the required size and gradation specifications and are

placed in accordance with the design plans.

All

prefabricated

structures

 shall be inspected for

conformity to specifications

and

for

defective

manufacturing.

SUBPART G:

 FINANCIAL ASSURANCE

Section 811.700

 Scope, Applicability and Definitions

a)

 This Subpart provides procedures by which the operator

of a permitted waste disposal facility provides

112—218

87

financial assurance satisfying the requirements of

Section 21.1(a)

 of the Act.

b)

 Financial assurance may be provided,

 as specified in

Section 811.706,

by

 a trust agreement,

 a bond

guaranteeing payment,

 a bond guaranteeing payment or

performance,

 a letter of credit,

 insurance or self—

insurance.

 The operator shall provide financial

assurance to the Agency before the receipt of the

 waste.

 This Subpart does not apply to the State of Illinois,

its agencies and institutions,

 or to any unit of local

government; provided,

 however,

 that any other persons

who conduct such

 a waste disposal operation on a site

that

 is owned or operated by such

 a governmental

 entity

shall provide financial assurance for closure and

postclosure care of the site.

d)

 The operator

 is not required to provide financial

assurance pursuant to this Subpart if the operator

demonstrates:

1)

 That closure and postclosure care plans filed

pursuant to 35

 Ill. Adm.

 Code 724 or 725 will

result in closure and postclosure care of the site

in accordance with the requirements of this Part;

and

2)

 That the operator has provided financial assurance

adequate to provide for such closure and

postclosure care pursuant to

35

 Ill.

 Adm.

 Code 724

or 725.

e)

 Definition:

 “Assumed closure date” means the date

during the the next permit term on which the costs of

premature final closure of the facility,

 in accordance

with the standards of this Part, will

 be greatest.

Section 811.701

 Upgrading Financial Assurance

a)

 The operator shall maintain financial assurance equal

to or greater than the current cost estimate calculated

pursuant to Section 811.704

 at all times, except as

otherwise provided by subsection

 (b).

b)

 The operator shall increase the total amount of

financial assurance so as to equal the current cost

estimate within

 90 days after any of the following

occurrences:

1)

 An increase

 in the current cost estimate;

112—219

88

2)

 A decrease in the value of a trust fund;

determination

the

Agency

that

operator

longer meets the gross revenue test of Section

811.715(d)

 or the financial test of Section

811.715(e);

or,

4)

 Notification by the operator that the operator

intends

substitute

alternative

financial

assurance,

 as specified in Section

811.706,

for

self—insurance.

Section 811.702

 Release of Financial Institution

The Agency shall release a trustee,

 surety,

 insurer or other

financial institution when:

a)

 An operator substitutes alternative financial assurance

such that the total financial assurance for the site is

equal to or greater than the current cost estimate,

without counting the amOunts to be released; or

The

Agency

 releases the operator from the requirements

of this Subpart pursuant to 35 Ill.

 Adm. Code

813.403(b).

Section 811.703

 Application of Proceeds and Appeals

a)

 The Agency may sue in any court of competent

jurisdiction

enforce

its

 rights

under financial

instruments.

The

filing

enforcement

action

before the Board

 is not

 a condition precedent to such

Agency

action,

except

when

 this Subpart or the terms

of the instrument provide otherwise.

b)

 As provided in Titles VIII and IX of the Act and 35

Ill.

 Admn.

 Code 103

and

 104, the Board may order

modifications in permits to change the type or amount

of financial assurance pursuant to an enforcement

action or a variance petition.

 Also,

 the Board may

order that an owner or operator modify a closure or

postclosure care planor order that proceeds from

financial

assurance

applied

the

execution

closure or postclosure care plan.

The

following

Agency

actions

may

appealed

the

Board as a permit denial pursuant to 35

 Ill. Adm. Code

105 and Section 21.5(e) of the Act:

1)

 A refusal to accept financial assurance tendered

by the operator;

112~-220

89

2)

 A refusal to release the operator from the

requirement to maintain financial assurance;

3)

 A refusal to release excess funds from a trust;

4)

 A refusal to approve a reduction

 in the penal sum

of a bond;

5)

 A refusal to approve a reduction in the amount of

a letter of credit;

6)

 A refusal to approve a reduction in the face

amount of an insurance policy; or

7)

 A determination that an operator no longer meets

the gross revenue test or financial test.

Section 811.704

 Closure and Postclosure Care Cost Estimates

a)

 Written cost estimate.

 The operator shall have a

written estimate of the cost of closure of all parts

of

the facility where wastes have been deposited in

accordance with the requirements of this Part; the

written closure plan,

 required by Section 811.110 and

35

 Ill. Adm. Code 812.114; and the cost of postclosure

care and plans required by this Part and the written

postclosure care plans required by 35

 Ill. Adm.

 Code

812.115.

 The cost estimate

 is the total cost for

closure and postclosure care.

b)

 The operator shall revise the cost estimate whenever a

change in the closure plan or postclosure care plan

increases the cost estimate.

c)

 The cost estimate must be based on the steps necessary

for the premature final closure of the facility on the

assumed closure date.

d)

 The cost estimate must be based on the assumption that

the Agency will contract with

 a third party to

implement the closure plan.

e)

 The cost estimate may not

be reduced by allowance for

the salvage value of equipment or waste,

 for the resale

value of

 land,

 or for the sale

 of landfill gas.

f)

 The cost estimate must,

 at a minimum,

 include all costs

for all activities necessary to close the facility in

accordance with all requirements of this Part.

11 2—221

90

g)

 The postclosure monitoring and maintenance cost

estimate must be prepared:

1)

 On the basis of the design period for each unit at

a facility, assuming operations will cease on the

assumed closure date;

and

2)

 Reduced to present value, as follows:

A)

 Based on a

 4 percent discount rate;

B)

 Without allowing for inflation;

C)

 Over a period including the time remaining

until the assumed closure date,

 plus the

postclosure care period;

h)

 The postclosure care cost estimate must,

 at a minimum,

be based on the following elements in the postclosure

care plan:

Groundwater

monitoring,

based

the

number

monitoring points and parameters and the frequency

of sampling specified in the permit.

2)

 The annual Cost of Cover Placement and

Stabilization, including an estimate of the annual

residual settlement and erosion control and the

cost of mowing.

3)

 Alternative Landfill Gas Disposal.

 If landfill

gas

 is transported to an offsite processing

system, then the operator shall include in the

cost estimate the costs necessary to operate an

onsite

gas

 disposal system,

 should access to the

offsite facility become unavailable.

 The cost

estimate must include the following information:

installation,

 operation, maintenance and

monitoring of an onsite gas disposal system.

4)

 Cost Estimates Beyond the Design Period.

 When a

facility

must

extend

the

postclosure

care

period

beyond the applicable design period, the cost

estimate must be based upon such additional time

 and the care activities occurring during that

time.

i)

 This Section does not authorize the Agency to require

the operator to perform any of the indicated activities

upon which cost estimates are to be based;

 however,

if

the site permit requires a closure activity, the

112—222

91

operator shall include the cost of that activity in the

cost estimate.

 Once the operator has completed an activity,

the

operator may file an application for significant permit

modification pursuant to 35

 Ill. Adm.

 Code 813.201

indicating that the activity has been completed,

and

zeroing that element of the cost estimate.

Section 811.705

 Revision of Cost Estimate

a)

 The operator shall revise the current cost estimates

for closure and postclosure care in each new

application for permit renewal or where

 a facility

modification results in an increase of the cost

estimate.

b)

 The operator shall review the closure and postclosure

care plans prior to filing a revised cost estimate in

order to determine whether they are consistent with

current operations,

 and the requirements of this

Subchapter.

 The operator shall either certify that the

plans are consistent,

 or shall file an application

 incorporating new plans pursuant to 35

 Ill. Adm.

 Code

813.

c)

 The operator shall prepare

new closure and postclosure

cost estimates reflecting current prices for the items

included

 in the estimates when submitting any new

application for permit renewal.

 The operator shall

file revised estimates even if the operator determines

that there are no changes

 in the prices.

Section 811.706

 Mechanisms for Financial Assurance

The operator of a

waste disposal site may utilize any of the

following mechanisms to provide financial assurance for closure

and postclosure care:

a)

 A trust Fund

 (Section 811.710) ;

b)

 A surety Bond Guaranteeing Payment (Section 811.711);

c)

 A surety Bond Guaranteeing Performance

 (Section

811.712)

;

d)

 A letter of Credit

 (Section 811.713);

Closure

Insurance

(Section

 811.714); or

f)

 Self—insurance

 (Section 811.715).

1.12—22

Section 811.707

 Use of Multiple Financial Mechanisms

An operator

may

satisfy

 the requirements of this Subpart by

establishing more than one financial mechanism per site.

 These

mechanisms are limited to trust funds,

 surety bonds guaranteeing

payment,

 letters of credit and insurance.

 The mechanisms must be

as specified in 35 Ill.

 Adm. Code 811.710, 811.711,

 811.713 and

811.714, respectively, except that

it

 is the combination of

mechanisms, rather than the single mechanism, which must provide

financial

assurance

for

amount

 at least equal to the current

cost estimate.

 The operator may use any or all of the mechanisms

to provide for closure and postclosure care of the site.

Section 811.708

 Use of

 a Financial Mechanism for Multiple

Sites

An operator may use a financial assurance mechanism specified in

this

Subpart

meet

the

requirements

this

Subpart

for

than one site.

 Evidence of financial assurance submitted to the

Agency must include a list showing,

 for each site,

 the name,

address

and

the

amount

funds

assured

 by the mechanism.

The

amount

funds

available

through

the

 mechanism must be no less

than the sum of funds that would be available if a separate

mechanism had been established and maintained for each site.

The

amount of funds available to the Agency must be sufficient to

close and provide postclosure care for all of the operator’s

sites.

 In directing funds available through a single mechanism

for the closure and postclosure care of any single site covered

by that mechanism,

 the Agency may direct only that amount of

funds designated for that

 site,

 unless the operator agrees to the

use of additional funds available under that mechanism.

Section 811.709

 Trust Fund for Unrelated Sites

Any

 person may establish a trust fund for the benefit of the

Agency which may receive funds from more than one operator for

closure of different sites.

 Such a trust fund must operate like

the trust fund specified in

 35 Ill.

 Adm. Code 807.710,

 except as

follows:

a)

 The trustee shall maintain a separate account for each

site and shall evaluate such annually as of the day of

creation of the trust;

b)

 The trustee shall annually notify each operator and the

Agency of the evaluation of each operator’s account;

c)

 The trustee shall release excess funds as required from

the account for each site;

112—224

93

d)

 The trustee shall reimburse the operator or other

person authorized to perform closure or postclosure

care only from the account for that site.

e)

 The Agency may direct the trustee to withhold payments

only from the account for the site for which it has

determined the cost of closure and postclosure care

will be greater than the value of the account for that

site pursuant to Section 811.710(g) (3).

Section 811.710

 Trust Fund

a)

 An operator may satisfy the requirements of this

Subpart by establishing

 a trust fund which conforms to

the requirements

 of this Section’ and submitting an

original signed duplicate

 of the trust agreement to the

Agency.

b)

 The trustee shall be an entity which has the authority

to act as a trustee and:

1)

 Whose trust operations are examined by the

Illinois Commissioner

 of Banks and Trust Companies

pursuant to the Illinois Banking Act

 (Ill.

 Rev.

Stat.

 1989,

oh.

 17, pars.

 301 et seq.);

or

2)

 Who complies with the Corporate FiduciaryAct

(Ill.

 Rev.

 Stat.

 1989,

ch.

 17, pars.

 1551—1 et

seq.)

c)

 The trust agreement must be on the forms specified

in

Appendix A,

 Illustration

 A, and the trust agreement

must be accompanied by

 a formal certification of

acknowledgment,

 on the form specified in Appendix A,

Illustration B.

ci)

 Payments into the trust:

1)

 The operator shall make

 a payment into the trust

fund each year during the pay-in period.

2)

 The pay-in period is the number of years remaining

until the assumed closure date.

3)

 Annual payments are determined by the following

formula:

Annual payment

 (CE-CV)/Y

where:

CE

 Current cost estimate

112—275

94

CV

 Current value of the trust fund

Y

 Number of years remaining in the pay in

period.

The

operator

shall

make

the

first

annual

payment

prior to the initial receipt of waste for

disposal.

 The operator shall also, prior to such

initial receipt of waste,

 submit to the Agency a

receipt from the trustee for the first annual

payment.

5)

 Subsequent annual payments must be made no later

than 30 days after each anniversary of the first

payment.

6)

 The operator may accelerate payments into the

trust fund,

 or may deposit the full amount of the

current cost estimate at the time the fund is

established.

7)

 An operator required to provide additional

financial assurance for an increase

 in the cost

estimate because of an amendment to this

Subchapter may provide such additional financial

assurance pursuant to this subsection.

The

operator may provide the increase by contributing

to a new or existing trust fund pursuant to this

Section.

 Subsection

 (ci) (2) notwithstanding, the

pay-in period for such additional financial

assurance shall be not less than three years.

e)

 The trustee shall evaluate the trust fund annually, as

of the day the trust was created or on such earlier

date as may be provided in the agreement.

 The trustee

shall notify the operator and the Agency of the value

within 30 days after the evaluation date.

f)

 Release of excess funds:

1)

 If the value of the financial assurance is greater

than the total amount of the current cost

estimate, the operator may submit a written

request to the Agency for a release of the amount

in excess of the current cost estimate.

2)

 Within 60 days after receiving a request from the

operator for a release of funds, the Agency shall

instruct the trustee to the operator such funds as

the Agency specifies in writing to be in excess of

the

current

cost

estimate.

112-226

95

Reimbursement

for

closure

and

postclosure

care

expenses:

1)

 After initiating closure,

 an operator,

 or any

other person authorized to perform closure or

postclosure care, may request reimbursement for

closure or postclosure care expenditures, by

submitting itemized bills to the Agency.

2)

 Within

 60 days after receiving the itemized bills

for closure or postclosure care activities, the

Agency shall determine whether the expenditures

are

in accordance with the closure or post.closure

care plan.

 The Agency shall instruct the trustee

to make reimbursement

 in such amounts as the

Agency specifies in writing as expenditures

in

accordance with the closure or postclosure care

plan.

3)

 If the Agency determines,

 based on such

information as

 is available to

it,

 that the cost

of closure and postclosure care will be greater

than the value of the trust fund,

 it shall

withhold reimbursement of such amounts as it

determines are necessary to preserve the in order

to accomplish closure and postclosure care until

it determines that the operator

 is no longer

required to maintain financial assurance for

closure and postclosure care.

 In the event the

fund is inadequate to pay all claims,

 the Agency

shall pay claims according to the following

priorities:

A)

 Persons with whom the Agency has contracted

to perform closure or postclosure care

activities

 (first priority);

B)

 Persons who have completed closure or

postclosure care authorized by the Agency

(second priority);

C)

 Persons who have completed work which

furthered the closure or postclosure care

(third priority);

D)

 The operator and relatedbusiness

 entities

(last priority)

Section 811.711

 Surety Bond Guaranteeing Payment

a)

 An operator may satisfy the requirements

 of this

Subpart by

obtaining

surety

bond

which

 conforms to

112—227

the requirements of this Section and submitting the

bond to the Agency.

b)

 The surety company issuing the bond shall be licensed

by the Illinois Department of Insurance pursuant to the

Illinois Insurance Code

 (Ill..

 Rev.

 Stat.

 1989,

ch.

73,

pars.

 613 et seq.).

c)

 The surety bond must be on the forms specified in

Appendix A, Illustration C, D or H.

d)

 Any payments made under the bond will be placed in the

landfill closure and postclosure fund within the State

Treasury.

Conditions:

1)

 The bond must guarantee that the operator will

provide closure and postclosure care in accordance

with the approved closure and postclosure care

plans.

2)

 The surety will become liable on the bond

obligation when, during the term of the bond,

the

operator fails to perform as guaranteed by the

bond.

 The operator fails to perform when the

operator:

A)

 Abandons the site;

adjudicated

bankrupt;

C)

 Fails to initiate closure of the site or

postclosure care when ordered to do so by the

Board pursuant to Title VII of the Act,

or

when ordered to do so by a court of competent

jurisdiction;

or

D)

 Notifies the Agency that it has initiated

closure,

initiates

closure,

but

fails

close the site or provide postclosure care in

accordance with the closure and postclosure

care plans.

f)

 Penal sum:

1)

 The penal sum of the bond must be in an amount at

least equal to the current cost estimate.

2)

 The Agency shall approve a reduction in the penal

sum whenever the current cost estimate decreases.

g)

 Term:

112—2 28

97

1)

 The bond must be issued for a term of at least

 five years and must not be cancelable during that

term.

the

operator

fails

provide

substitute

financial assurance prior to expiration

 of a bond,

the term of the bond must be automatically

extended for one twelve-month period starting with

the date of expiration of the bond.

 During such

extension the bond will cease to serve as

financial assurance satisfying the requirements

of

this Part,

 and will not excuse the operator from

the duty to provide substitute financial

assurance.

h)

 Cure of default and refunds:

1)

 The Agency shall release the surety

 if, after the

surety becomes liable on the bond,

 the operator or

another person provides financial assurance for

closure and postclosure care of the site,

 unless

the Agency determines that the closure or

postclosure care plan or the amount of substituted

financial assurance

 is inadequate to provide

closure and postclosure care

 in compliance with

this Part.

2)

 After closure and postclosure care have been

completed

 in accordance with the plans

 arid

requirements of this Part,

 the Agency shall refund

any unspent money which was paid to the Agency by

the surety.

Section 811.712

 Surety Bond Guaranteeing Performance

a)

 An operator may satisfy the requirements of this

Subpart by obtaining

 a surety bond which conforms to

the requirements of this Section and submitting the

bond to the Agency.

b)

 The surety company issuing the bond shall be licensed

by the Illinois Department

 of Insurance pursuant to the

Illinois Insurance Code.

c)

 The surety bond must be on the forms as specified

in

Appendix A,

 Illustration

 C, D or

H.

d)

 Any payments made under the bond will be placed

 in the

landfill closure and postclosure fund within the State

Treasury.

I 12—229

Conditions:

1)

 The bond must guarantee that the operator will

provide closure and postclosure care in accordance

with the closure and postclosure care plans

 in the

permit.

 The surety shall have the option of

providing closure and postclosure care in

accordance with the closure and postclosure care

plans,

 or of paying the penal sum.

2)

 The surety will become liable on the bond

obligation when,

 during the term of the bond, the

operator fails to perform as guaranteed by the

bond.

 The operator fails to perform when the

operator:

A)

 Abandons the site;

adjudicated

bankrupt;

C)

 Fails to initiate closure of the site or

postclosure care when ordered to do so by the

Board

pursuant

Title

VII

the

Act,

when ordered to do so by a court of competent

jurisdiction; or

D)

 Notifies the Agency that it has initiated

closure,

 or initiates closure, but fails to

close the site or provide postclosure care in

accordance with the closure and postclosure

care plans.

Penal

sum:

1)

 The penal sum of the bond must be in an amount at

least equal to the current cost estimate.

2)

 The Agency shall approve a reduction in the penal

sum whenever the current cost estimate decreases.

g)

 Term:

1)

 The bond must be issued for a term of at least

five years and must not be cancelable during that

term.

2)

 If the operator fails to provide substitute

financial assurance prior to expiration of a bond,

the term of the bond must be automatically

extended for one twelve-month period starting with

the date of expiration of the bond.

 During such

extension, the bond will cease to serve as

112—230

99

financial assurance satisfying the requirements

of

this Part,

 and will not excuse the operator from

the duty to provide substitute financial

assurance.

h)

 Cure of default and refunds:

1)

 The Agency shall release the surety

 if, after the

surety becomes liable on the bond,

 the operator or

another person provides financial assurance for

closure and postclosure care of the site,

 unless

the Agency determines that the closure or

postclosure care plan or the amount of substituted

financial assurance is inadequate to provide

closure and postclosure care in compliance with

this Part.

2)

 After closure and postclosure care have been

completed

 in accordance with the closure and

postclosure care plans and the requirements

of

this Part, the Agency shall refund any unspent

money which was paid to the Agency by the surety.

i)

 The surety will not be liable for deficiencies

 in the

performance of closure by the operator after the Agency

releases the operator from the requirements

 of this

Subpart.

Section 811.713

 Letter of Credit

operator

may

satisfy

the

requirements

this

Subpart by obtaining an irrevocable standby letter of

credit which conforms to the requirements of this

Section and submitting the letter to the Agency.

b)

 The issuing institution shall be an entity which has

the authority to issue letters of credit and:

1)

 Whose letter-of-credit operations are regulated by

the Illinois Commissioner of Banks and Trust

Companies;

or,

2)

 Whose deposits are insured by the Federal Deposit

Insurance Corporation or the Federal Savings and

Loan Insurance Corporation.

Forms:

1)

 The letter of credit

must

the

forms

specified

 in Appendix

A,

 Illustration

E.

112—231

100

2)

 The letter of credit must

accompanied

letter from the operator, referring to the letter

of credit by number,

 issuing institution and date,

and providing the following information:

 name and

address of the site and the amount of funds

assured for closure and postclosure care of the

site

the

letter

credit.

Any

amounts

drawn

the

Agency

pursuant

the

letter

of credit will be deposited in the landfill closure and

postclosure

fund

within

the

State

Treasury.

e)

 Conditions on which the Agency may draw on the letter

of credit:

1)

 The Agency shall draw on the letter of credit

if

the operator fails to perform closure or

postclosure care in accordance with the closure

and postclosure care plans.

2)

 The Agency shall draw on the letter of credit when

the operator:

A)

 Abandons the site;

B)

 Is adjudicated bankrupt;

C)

 Fails to initiate closure

of the site or

postclosure care when ordered to do so by the

Board pursuant to Title VII of the Act,

or

when ordered to do so by a court of competent

jurisdiction;

or

D)

 Notifies the Agency that it has initiated

closure,

 or initiates closure, but fails to

provide closure and postclosure care in

accordance with the closure and postclosure

care plans.

f)

 Amount:

1)

 The letter of credit must be issued in an amount

at least equal to the current cost estimate.

2)

 The Agency shall approve a reduction in the amount

whenever the current cost estimate decreases.

g)

 Term;

1)

 The letter of credit must be issued for a term of

at least five years and must be irrevocable during

that term.

112—232

101

2)

 If the operator fails to substitute alternative

financial assurance prior to expiration of a

letter of credit,

 the term of the letter of credit

must be automatically extended for one twelve—

month period starting with the date of expiration.

During such extension,

 the letter of credit will

cease to serve as financial assurance satisfying

the requirements of this Part,

 and will not excuse

the operator from the duty to provide substitute

financial assurance.

h)

 Cure of default and refunds:

1)

 The Agency shall release the financial institution

if,

 after the Agency

 is allowed to draw on the

letter of credit,

 the operator or another person

provides

 financial assurance for closure and

postclosure care of the site,

 unless the Agency

determines that a plan or the amount of

substituted financial assurance

 is inadequate to

provide closure and postclosure care as required

by this Part.

2)

 After closure and postclosure care have been

completed

 in accordance with the closure and

postclosure care plans and the requirements

of

this Part,

 the Agency shall refund any unspent

money which was paid to the Agency by the

financial institution.

Section 811.714

 Closure Insurance

a)

 An operator

may satisfy the requirements

 of this

Subpart by obtaining closure and postclosure care

insurance which bonforms to the requirements

 of this

Section and submitting an executed duplicate original

of such insurance policy to the Agency.

b)

 The insurer shall be licensed to transact the business

of insurance by the Illinois Department of Insurance

pursuant to the Illinois Insurance Code.

c)

 The policy must be on forms approved by the Illinois

Department of Insurance.

ci)

 Face amount:

1)

 The closure and postclosure care insurance policy

must be issued for a

 face amount at least equal to

the current cost estimate.

 The term “face amount”

means the total

amount

 the insurer

 is obligated to

11.2—233

102

pay under the policy.

 Actual payments by the

insurer will not change the face amount, although

the insurer’s future liability will be lowered by

the amount of the payments.

 The Agency shall approve a reduction in the amount

of the policy whenever the current cost estimate

decreases.

e)

 The closure and postclosure care insurance policy must

guarantee that funds will be available to close the

site and to provide postclosure care thereafter.

The

 policy must also guarantee that, once closure begins,

the’insurer will be responsible for paying out funds,

up to an amount equal to the face amount of the policy,

upon the direction ~f the Agency to such party or

parties as the Agency specifies.

 The insurer will be

liable when:

1)

 The operator abandons the site;

2)

 The operator

 is adjudicated bankrupt;

3)

 The Board,

 pursuant to Title VIII of the Act,

 or a

court of competent jurisdiction orders the site

closed;

4)

 The operator notifies the Agency that it is

initiating closure; or

5)

 Any person initiates closure with approval of the

Agency.

f)

 Reimbursement for closure and postclosure care

‘expenses:

1)

 After initiating closure, an operator or any other

person authorized to perform closure or

postclosure care may request reimbursement for

closure and postclosure care expenditures by

submitting itemized bills to the Agency.

2)

 Within 60 days after receiving bills for closure

postclosure

 care activities, the Agency shall

determine

whether

the

expenditures

are

accordance with the closure or postclosure care

plan.

 The Agency shall direct the insurer to make

reimbursement

 in such amounts as the Agency

 specifies in writing as expenditures

 in accordance

with the closure and postclosure care plans.

112—234

103

3)

 If the Agency determines based on such information

as

 is available to

 it that the cost of closure and

postclosure care will be greater than the face

amount of the policy,

 it shall withhold

reimbursement of such amounts as it deems prudent

until it determines that the operator

 is no longer

required to maintain financial assurance.

 In the

event the face amount of the policy is inadequate

to pay all claims, the Agency shall pay claims

according to the following priorities:

A)

 Persons with whom the Agency has contracted

to perform closure or postclosure care

activities

 (first priority);

B)

 Persons who have completed closure

or

postclosure care authorized by the Agency

(second priority);

C)

 Persons who have completed work which

furthered the closure

 or postclosure care

(third priority);

D)

 The operator and related business entities

(last priority).

g)

 Cancellation:

1)

 The operator shall maintain the policy in full

force and effect until the Agency releases the

insurer pursuant to Section 811.702.

2)

 The policy must provide that the insurer may not

 cancel, terminate or fail to renew the policy,

except

 for failure to pay the premium.

The

automatic renewal

 of the policy must,

 at a

minimum, provide the insured with the option of

renewal at the face amount of the expiring policy.

If there is a failure to pay the premium, the

insurer may elect to cancel,

 terminate or fail to

renew the policy by sending notice by certified

mail to the operator and the Agency.

Cancellation,

 termination or failure to renew may

not occur,

 however, during the 120 days beginning

with the date

 of receipt

 of the notice by both the

Agency and the operator,

 as evidenced by the

return receipts.

 Cancellation, termination or

failure to renew may not occur and the policy will

remain in full

 force and effect

 in the

event

that

on or before the date of expiration the premium

due is paid.

2--235

104

h)

 Each policy must contain a provision allowing

assignment

the

po1icy

successor

operator.

Such

assignment may be conditional upon consent of the

insurer, provided such consent is not unreasonably

refused.

Section 811.715

 Self—Insurance for Non—commercial Sites

a)

 Definitions.

 The following definitions are intended to

assist in the understanding of this Part and are not

intended to limit the meanings of terms

 in any way that

conflicts with generally accepted accounting

principles:

“Assets” means all existing and all probable

future economic benefits obtained or controlled by

a particular entity.

“Current assets” means cash or other assets or

resources commonly identified as those which are

reasonably expected to be realized

 in cash or sold

or consumed during the normal operating cycle of

the business.

“Current liabilities” means obligations whose

liquidation is reasonably expected to require the

use of existing resources properly classifiable as

current assets or the creation of other current

liabilities.

“Generally accepted accounting principles” means

Accounting Standards,

 General Standards,

incorporated by reference at

35

 Ill. Adm Code

810. 104.

“Gross Revenue” means total receipts less returns

and allowances.

“Independently audited” refers to an audit

performed by an independent certified public

accountant in accordance with generally accepted

auditing

standards.

“Liabilities” means probable future sacrifices of

economic benefits arising from present obligations

to transfer assets or provide services to other

 entities in the future as a result of past

transactions or events.

“Net working capital” means current assets minus

current liabilities.

112—236

105

“Net worth” means total assets minus total

liabilities and is equivalent to owner’s equity.

“Tangible net worth” means tangible assets less

liabilities;

 tangible assets do not include

intangibles such as goodwill and rights to patents

or royalties.

b)

 Information to be Filed

An operator may satisfy the financial assurance

requirements of this Part by providing the following:

1)

 Bond without surety promising to pay the cost

estimate

 (subsection

 (c)).

2)

 Proof that the operator meets the gross revenue

test

 (subsection

 Cd)).

3)

 Proof that the operator meets the financial test

(subsection

 (e)).

c)

 Bond Without Surety.

 An operator utilizing self-

insurance shall provide a bond without surety on the

forms specified in Appendix A,

 Illustration

G.

The

operator shall promise to pay the current cost estimate

to the Agency unless

the

 operator provides closure and

postclosure care

 in accordance with the closure and

postclosure care plans.

d)

 Gross Revenue Test.

 The operator shall demonstrate

 that less than one—half of its gross revenues are

derived from waste disposal operations.

 Revenue

is

“from waste disposal operations”

if

 it would stop upon

cessation of the operator’s waste disposal operations.

e)

 Financial Test

1)

 To pass the financial test,

 the operator shall

meet the criteria of either subsection

 (e) (1) (A)

or

 (e) (1) (B):

A)

 The operator shall have:

i)

 Two of the following three ratios:

a

ratio of total

 liabilities to net worth

of

 less than 2.0;

 a ratio of the sum of

net income plus depreciation, depletion

and amortization to total liabilities of

greater than 0.1;

or

 a ratio

 of current

assets to current liabilities of greater

than

 1.5; and

112—237

106

ii)

 Net working capital and tangible net

worth each at least six times the

current cost estimate; and

iii) Tangible net worth of at least $10

million; and

iv)

 Assets

 in th? United States amounting to

at least 90 percent of the operator’s

total assets and at least six times the

current

cost

estimate.

The

operator

shall

have:

i)

 A current rating of AAA, AA, A or BBB

for

its

most

recent

bond

issuance

issued by Standard and Poor,

 or a rating

of Aaa,

 Aa, A or Baa,

as

 issued by

Moody; and

ii

 Tangible net worth at least six times

the current cost estimate; and

iii)

 Tangible net worth of at least $10

million; and

iv)

 Assets located

 in the United States

amounting to at least 90 percent of its

total assets or at least six times the

current cost estimate.

2)

 To demonstrate that

 it meets this test,

the

operator shall submit the following items to the

Agency:

A)

 A letter signed by the operator’s chief

financial officer and worded as specified in

Appendix A,

 Illustration I; and

B)

 A copy

 of the independent certified public

accountant’s report on examination of the

operator’s financial statements for the

latest completed fiscal year; and

C)

 A special report from the operator’s

independent certified public accountant to

the operator stating that:

i)

 The accountant has compared the data

which the letter from the chief

financial

officer

specifies

having

112-238

107

been derived from the independently

audited, year—end financial statements

for the latest fiscal year with the

amounts

 in such financial statements;

and

ii)

 In connection with that procedure,

no

matters came to the accountant’s

attention which caused the accountant to

believe that the specified data should

be adjusted.

f)

 Updated Information.

1)

 After the initial submission of items specified in

subsections

(d)

and

 (e), the operator shall send

updated information to the Agency within 90 days

after the close of each succeeding fiscal year.

2)

 If the operator no longer meets the requirements

of subsections

(d)

and

 (e),

 the operator shall

send notice to the Agency of intent to establish

alternative financial assurance.

 The notice must

be sent by certified mail within 90 days after the

end of the fiscal year for which the year—end

financial data show that the operator no longer

meets the requirements.

g)

 Qualified Opinions.

 If the opinion required by

subsections

 (e) (2) (B) and

 (e) (2) (C)

 includes an adverse

opinion or

 a disclaimer

 of opinion, the Agency shall

disallow the use of self-insurance.

 If the opinion

 includes other qualifications,

 the Agency shall

disallow the use of self-insurance

if:

1)

 The qualifications relate to the numbers which are

used

 in the gross revenue test or the financial

test;

 and,

2)

 In light of the qualifications, the operator has

failed to demonstrate that

 meets the gross

revenue test or financial test.

h)

 Parent Corporation.

 An operator may satisfy the

financial assurance requirements

 of this Part by

demonstrating that

 a corporation which owns an interest

in the operator meets the gross revenue and financial

tests.

 The operator shall also provide a bond with the

parent as surety

 (Appendix

A,

 Illustration

H)

1

12—23~~

108

Section 811.Appendix A

 Financial Assurance Forms

Illustration A

 Trust Agreement

TRUST AGREEMENT

Trust Fund Number_________________

Trust Agreement, the “Agreement,” entered into as of the

day of

________________,

 by and between

__________________

the “Grantor,” and ____________________________________

______________________

 the “Trustee.”

Whereas,

 Section 21.1 of the Environmental Protection Act,

 “Act”,

prohibits any person from conducting any waste disposal operatior

unless such person has posted with the Illinois Environmental

Protection Agency,

 “IEPA”,

 a performance bond or other security

for the purpose of insuring closure of the site and postclosure

care in accordance with the Act and Illinois Pollution Control

Board,

 “IPCB”, rules.

Whereas, the IPCB has established certain regulations applicable

to the Grantor, requiring that an operator of a waste disposal

site provide assurance that funds will be available when needed

for closure and/or postclosure care of the site.

Whereas, the Grantor has elected to establish a trust to provide

all or part of such financial assurance for the sites identified

this

agreement.

Whereas,

 the Grantor, acting through its duly authorized

officers, has selected the Trustee to be the trustee under this

agreement,

 and the Trustee

 is willing to act as trustee.

Whereas, Trustee is an entity which has authority to act as a

trustee and whose trust operations are regulated by the Illinois

Commissioner of Banks

 & Trust Companies or who complies with the

Corporate Fiduciary Act

 (Ill. Rev.

 Stat.

 1987,

ch.

17,

 par.

1551-1 et seq.)

 (Line through any condition which does not

apply.)

Now, Therefore, the Grantor and the Trustee agree as follows:

Section

1.

 Definitions.

 As used in this Agreement:

a)

 The term “Grantor” means the operator who enters into this

Agreement and any successors or assigns of the operator.

b)

 The term “Trustee” means the Trustee who enters into this

Agreement and any successor Trustee.

Section

2.

 Identification of Sites and Cost Estimates.

 This

Agreement pertains to the sites and cost estimates identified on

112—240

109

attached Schedule A

 (on Schedule

A,

 list the name and address and

initial cost estimate of each site for which financial assurance

is demonstrated by this agreement)

Section

3.

 Establishment of Fund.

 The Grantor and the

Trustee hereby establish a trust fund, the “Fund,” for the

benefit of the IEPA.

 The Grantor and the Trustee intend that no

other third party have access to the Fund except as provided in

this agreement.

 The Fund is established initially as consisting

of the property, which

 is acceptable to the Trustee, described

in

Schedule B attached to this agreement.

 Such property and any

other property subsequently transferred to the Trustee is

referred to as the Fund,

 together with all earnings and profits

on the Fund,

 less any payments or distributions made by the

Trustee pursuant to this agreement.

 The Fund shall be held by

the Trustee,

 in trust,

 as provided

this

agreement.

The

Trustee shall not be responsible nor shall

 it undertake any

responsibility for the amount or adequacy of, nor any duty to

collect from the Grantor, any payments necessary to discharge any

liabilities of the Grantor.

Section

4.

 Payment for Closure and Postclosure Care.

The

Trustee shall make payments from the Fund as the IEPA shall

direct,

 in writing, to provide for the payment of the costs of

closure and/or postclosure care of the sites covered by this

agreement.

 The Trustee shall reimburse the Grantor or other

persons as specified by the IEPA from the Fund for closure and

postclosure expenditures

 in such amounts as the IEPA shall direct

in writing.

 In addition,

 the Trustee shall refund to the Grantor

such amounts as the IEPA specifies

 in writing.

 Upon refund,

 such

funds shall no longer constitute part of the Fund.

Section

5.

 Payments Comprising the Fund.

 Payments made to

the Trustee for the Fund shall consist of cash or securities

acceptable to the Trustee.

Section

6.

 Trust Management.

 The Trustee shall invest and

reinvest the principal and income of the Fund and keep the Fund

invested as a single fund, without distinction between principal

and income,

 in accordance with general investment policies and

guidelines which the Grantor nay communicate

 in writing to the

Trustee from time to time,

 subject, however,

 to the provisions of

this Section.

 In investing,

 reinvesting,

 exchanging,

 selling and

managing the Fund, the Trustee shall discharge his duties with

respect to the trust fund solely

 in the interest of the

beneficiary and with the care,

 skill, prudence and diligence

under the circumstances then prevailing which persons of

prudence,

 acting

in

 a like capacity and familiar with such

matters, would use

 in the conduct of

 an enterprise of

 a like

character and with like aims;

 except that:

1.1 2—2!~

110

a)

 Securities or other obligations of the Grantor,

 or any other

owner or operator of the site, or any of their affiliates as

defined in the Section BOa-2(a)

 of the Investment Company

Act of 1940,

 as amended

 (15 U.S.C.

 80a—2(a)) shall not be

acquired or held, unless they are securities or other

obligations of the Federal government or the State of

Illinois;

b)

 The Trustee is authorized to invest the Fund in time or

demand deposits of the Trustee, to the extent insured by the

Federal Deposit Insurance Corporation.

 The Trustee is authorized to hold cash awaiting investment

or distribution uninvested for a reasonable time and without

liability for the payment of interest thereon.

Section 7.

 Commingling and Investment.

 The Trustee is

expressly

authorized

its

discretion:

a)

 To transfer from time to time any or all of the assets of

the Fund to any common, commingled or collective trust fund

created by the Trustee

 in which the Fund is eligible to

participate, subject to all of the provisions thereof, to be

commingled with the assets of other trusts participating

therein;

and

b)

 To purchase shares

 in any investment company registered

under the Investment Company Act of 1940

 (15 U.S.C.

 80a—1 et

seq.)

 including one which may be created, managed,

underwritten or to which investment advice is rendered or

the shares of which are sold by the Trustee.

 The Trustee

may vote such shares in its discretion.

Section

8.

 Express Powers of Trustee.

 Without in any way

limiting the powers and discretions conferred upon the Trustee by

the other provisions of this agreement or by law, the Trustee is

expressly authorized and empowered:

a)

 To sell,

 exchange,

 convey,

 transfer or otherwise dispose of

any property held by it,

 by public or private sale.

No

person dealing with the Trustee shall

 be bound to see to the

application of the purchase money or to inquire into the

validity or expedience of any such sale or other

disposition;

b)

 To make, execute, acknowledge and deliver any and all

documents of transfer and conveyance and any and all other

instruments that may be necessary or appropriate to carry

out the powers granted in this agreement;

c)

 To register any securities held in the Fund in its own name

or in the name of a nominee and to hold any security in

112—242

111

bearer form or in book entry,

 or to combine certificates

representing such securities with certificates of the same

issue held by the Trustee in other fiduciary capacities,

or

to deposit or arrange for the deposit of such securities

in

a qualified central depositary even though, when so

deposited,

 such securities may be merged and held in bulk in

the name of the nominee of such depositary with other

securities deposited therein by another person,

 or to

deposit or arrange for the deposit of any securities issued

by the United States Government,

 or any agency or

instrumentality thereof, with a Federal Reserve Bank,

but

the books and records

 of the Trustee shall

 at all times show

 that all such securities are part of the Fund.

d)

 To deposit any cash in the Fund

 in interest—bearing accounts

maintained or savings certificates issued by the Trustee,

in

its separate corporate capacity,

or

 in any other banking

institution affiliated with the Trustee,

 to the extent

insured by the Federal Deposit Insurance Corporation;

and

e)

 To compromise or otherwise adjust all claims in favor of or

against the Fund.

Section

9.

 Taxes and Expenses.

 All taxes of any kind that

may be assessed or levied against or in respect of the Fund and

all brokerage commissions incurred by the Fund shall be paid from

the Fund.

 All other expenses incurred by the Trustee, to the

extent not paid directly by the Grantor,

 and all other proper

charges and disbursements of the Trustee shall be paid from the

Fund.

Section 10.

 Annual

Valuation.

 The Trustee shall annually

furnish to the Grantor and to the IEPA

 a statement confirming the

value of the Trust.

 The evaluation day shall be each year on the

_______

 day of

__________________

 Any securities

 in the Fund

shall valued at market value as of the evaluation day.

The

Trustee shall mail the evaluation statement to the Grantor and

the IEPA within

 30 days after the evaluation day.

 The failure of

the Grantor to object in writing to the Trustee within 90 days

after the statement has been furnished to the Grantor and the

IEPA shall constitute

 a conclusively binding assent by the

Grantor, barring the Grantor from asserting any claim or

liability against the Trustee with respect to matters disclosed

in the statement.

Section

11.

 Advice of counsel.

 The Trustee may from time to

time consult with counsel, who may be counsel to the Grantor,

with respect to any question arising as to the construction of

this agreement

 or any action to be taken hereunder.

 The Trustee

shall

 be fully protected,

 to the extent permitted by law,

in

acting upon the advice of counsel.

Il2—2L~3

112

Section 12.

 Trustee Compensation.

 The Trustee shall be

entitled to reasonable compensation for its services as agreed

upon in writing from time to time with the Grantor.

Section 13.

 Successor Trustee.

 The Trustee may resign or the

Grantor may replace the Trustee,

 but such resignation or

replacement shall not be effective until the Grantor has

appointed

successor

trustee

and

the

successor

accepts

the

appointment.

 The successor trustee shall have the same powers

 and duties as those conferred upon the Trustee hereunder.

 Upon

the successor trustee’s acceptance of the appointment, the

Trustee shall assign, transfer and pay over to the successor

trustee the funds and properties then constituting the Fund.

If

for any reason the Grantor cannot or does not act in the event of

the

resignation

the

Trustee,

the

Trustee

may

apply

court

of competent jurisdiction for the appointment of a successor

trustee or for instructions.

 The successor trustee shall specify

the date on which

 it assumes administration of the trust in

a

writing sent to the Grantor,

 the IEPA and the present Trustee by

certified mail ten days before such change becomes effective.

Any expenses incurred by

the Trustee as a result of any of the

acts contemplated by this Section shall be paid as provided in

Section

14.

Instructions

the

Trustee.

All

orders,

requests

and instructions by the Grantor to the Trustee shall

be

in

writing,

 signed by such persons as are designated in the attached

Exhibit

such

other

designees

the

Grantor

may

designate

amendment to Exhibit A.

 The Trustee shall be fully protected in

acting without inquiry

 in accordance with the Grantor’s orders,

requests and instructions.

 All orders, requests and instructions

by the IEPA to the Trustee shall be in writing, signed by the

IEPA Director or his designees,

 and the Trustee shall act and

shall be fully protected in acting in accordance with such

orders, requests and instructions.

 The Trustee shall have the

right to assume,

 in the absence

of written notice to the

contrary, that no event constituting

 a change or a termination of

the

 authority of any person to act on behalf of the Grantor or

IEPA hereunder has occurred.

 The Trustee shall have no duty to

act in the absence of such orders,

 requests and instructions

from

the

Grantor

and/or

IEPA,

except

provided

this

 agreement.

Section

15.

Notice

Nonpayment.

The

Trustee

shall

notify

the

Grantor

and

the

IEPA,

certified

 mail within ten days

following the expiration of the 30-day period after the

anniversary of the establishment of the Trust,

 if no payment is

received from the Grantor during that period.

 After the pay-in

period is completed,

the

Trustee shall not be required to send a

notice of nonpayment.

Section

16.

 Amendment of Agreement.

 This Agreement may be

amended by an instrument

 in writing executed by the Grantor, the

112—244

113

Trustee and the IEPA Director,

 or by the Trustee and the IEPA

Director

 if the Grantor ceases to exist.

Section 17.

 Irrevocability and Termination.

 Subject to the

right

 of the parties to amend this Agreement as provided in

Section 16, this Trust shall be irrevocable and shall continue

until terminated at the written agreement of the Grantor,

the

Trustee and the IEPA Director,

 or by the Trustee and the IEPA,

if

the Grantor ceases to exist.

 Upon termination of the Trust,

all

remaining trust property,

 less final trust administration

expenses,

 shall

 be delivered to the Grantor.

Section

18.

 Immunity and Indemnification.

 The Trustee shall

not incur personal liability of any nature

 in connection with any

act or omission, made in good faith,

in

the

administration

this Trust,

 or in carrying out any directions by the Grantor or

the IEPA Director issued

 in accordance with this Agreement.

The

Trustee shall be indemnified and saved harmless by the Grantor or

from the Trust Fund,

 or both,

 from and against any personal

liability to which the Trustee may be subjected by reason of any

act or conduct in its official capacity,

 including all expenses

reasonably

 incurred

 in its defense

 in the event the Grantor fails

to provide such defense.

Section 19.

 Choice

of

Law.

 This Agreement shall be

administered, construed and enforced according to the laws of the

State of Illinois.

Section 20.

 Interpretation.

 As used

 in this Agreement,

 words

in the singular include the plural and words

 in the plural

include the singular.

 The descriptive headings for each Section

of this Agreement shall not affect the interpretation or the

legal efficacy of this Agreement.

In Witness Whereof the parties have caused this Agreement to be

executed by their respective officers duly authorized and their

corporate seals to be hereunto affixed and attested as of the

date first above written.

112—245

114

Attest:

 Signature of Grantor____

Typed

Name________________

Title_____________________

Seal

Attest:

 Signature of Trustee_____

Typed Name_______________

Title_____________________

Seal

112—246

115

Section 81l.Appendix A

 Financial Assurance Forms

Illustration

B

 Certificate of Acknowledgment

CERTIFICATE OF ACKNOWLEDGMENT

State of

_______________________)

)SS

County of

____________________

On this

_____

 day of

________________,

______

 before me

personally came

______________________

(operator)

 to me known,

who, being by meduly

 sworn, did depose and say that she/he

resides at

 (address),

that she/he is

 (title)

of

_______________________________________

 (corporation),

the

corporation described

 in and which executed the above instrument;

that she/he knows the seal of said corporation; that the seal

affixed to such instrument

 is such corporate seal; that it was so

affixed by order of the Board of Directors of said corporation,

and that she/he signed her/his name thereto by like order.

______________________________ Notary Public

My Commission Expires

_____________________

112—247

116

Section Bll.Appendix A

 Financial Assurance Forms

Illustration C

 Forfeiture Bond

FORFEITURE BOND

Date bond executed:

______________________________

Effective date: _______________________________

Principal: _____________________________________

Type of organization: __________________________

State

incorporation:

__________________________

Surety:

Sites:

Name

Address

City

Amount guaranteed by this bond:

 _________________________

Name

Address

City

Amount guaranteed by this bond:

 _________________________

Please attach

 a separate page if more space is needed for all

sites.

Total penal sum of bond:

_________________________________

Surety’s bond number: _______________________________________

The Principal and the Surety promise to pay the Illinois

Environmental Protection Agency

 (“IEPA”)

 the above penal sum

unless

the

Principal

provides

closure

and

postclosure

care

for

each site in accordance with the closure and postclosure care

plans for that site.

 To the payment of this obligation the

Principal and Surety jointly and severally bind themselves,

 their

heirs, executors,

 administrators,

 successors and assigns.

Whereas the Principal

 is required, under Section 21(d)

 of the

Environmental Protection Act

 (Ill. Rev.

 Stat.

 1989,

ch.

 111 1/2,

112—248

117

par.

 1021(d))

 to have a permit to conduct a waste disposal

operation;

Whereas the Principal is required,

 under Section 21.1 of the

Environmental Protection Act to provide financial assurance for

closure and postclosure care; and

Whereas the Surety

 is licensed

by the Illinois Department of

Insurance;

Whereas the Principal and Surety agree that this bond shall be

governed by the laws of the State of Illinois;

The Surety shall pay the penal sum to the IEPA

 if, during the

term of the bond, the Principal fails to provide closure and

postclosure care for any site

 in accordance with the closure and

postclosure care plans for that site as guaranteed by this bond.

The Principal fails

 to so provide when the Principal:

Abandons

the

site;

b)

 Is adjudicated bankrupt;

c)

 Fails to initiate closure of the site or postclosure

care when ordered to do so by the Board or a court of

competent jurisdiction; or

ci)

 Notifies the Agency that

 it has initiated closure,

or

initiates closure, but fails to close the site or

provide postclosure care in accordance with the closure

and postclosure care plans.

The Surety shall pay the penal sum of the bond to the IEPA within

30 days after the IEPA mails notice to the Surety that the

Principal has failed to so provide closure and postclosure care.

Payment shall be made by check or draft payable to the State of

Illinois,

 Landfill Closure and Postclosure Fund.

The liability of the Surety shall not be discharged by any

payment or succession of payments unless and until such payment

or payments shall amount

 in the aggregate to the penal sum of the

bond.

 In no event shall the obligation of the Surety exceed the

amount of the penal sum.

This bond shall expire on the

_____

 day of

___________,

_____

provided, however, that

 if the Principal fails to provide

substitute financial assurance prior ‘to the expiration date,

and

the IEPA mails notice of such failure to the Surety within 30

days after such date, the term of this bond shall

be

automatically extended for one twelve—month period starting with

the date of expiration

 of the bond.

1 i2—24~

118

The Principal may terminate this bond by sending written notice

 to the Surety; provided, however, that no such notice shall

become effective until the Surety receives written authorization

for termination of the bond from the IEPA.

In Witness Whereof, the Principal and Surety have executed this

Forfeiture Bond and have affixed their seals on the date set

forth above.

The persons whose signatures appear below certify that they are

authorized

execute

this

surety

bond

behalf

the

Principal

and Surety.

Principal Corporate Surety

_______________________

Signature Name

Typed Name

Address

Title

State of Incorporation ____________________________

Date

Signature

Typed

Name

Title

Corporate

seal

Corporate

seal

Bond premium:

_______

112—250

119

Section 8l1.Appendix A

 Financial Assurance Forms

Illustration D

 Performance Bond

PERFORMANCE BOND

Date bond executed:

______________________________

Effective date: ________________________________

Principal: ________________________________________

Type of organization: ___________________________

State of incorporation: __________________________

Surety: ___________________________________________

Sites:

Name

Address ___________________________________________

City ____________________________________________

Amount guaranteed by this bond:

_____________

Name

Address _________________________________________

City

_______________________________________________

Amount guaranteed by this bond:

_____________

Please attach a separate page

 if more space

 is needed for all

sites.

Total penal sum of bond:

________________________________

Surety’s bond number: ______________________________________

The Principal and the Surety promise to pay the Illinois

Environmental Protection Agency

 (“IEPA”)

 the above penal sum

unless the Principal

 or Surety provides closure and postclosure

care for each site in accordance with the closure and postclosure

care plans for that site.

 To the payment of this obligation the

Principal and Surety jointly and severally bind themselves,

 their

heirs,

 executors,

 administrators,

 successors

and

assigns.

Whereas the Principal

 is required,

 under Section 21(d)

 of the

Environmental Protection Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

 111 1/2,

1. 12—251

120

par.

 1021(d)) to have a permit to conduct a waste disposal

operation;

Whereas the Principal is required, under Section 21.1 of the

Environmental Protection Act,

 to provide financial assurance for

closure and postclosure care; and

Whereas the Surety is licensed by the

Illinois Department of

Insurance;

Whereas the Principal and Surety agree that this bond shall be

governed by the laws of the State of Illinois;

The Surety shall pay the penal sum to the IEPA or provide closure

and postclosure care in accordance with the closure and

postclosure care plans for the site

 if, during the term of the

bond,

 the Principal fails to provide closure and postclosure care

for any site

 in accordance with the closure and postclosure care

plans for that site as guaranteed by this bond.

 The Principal

fails

provide

when

the

Principal:

Abandons

the

site;

b)

 Is adjudicated bankrupt;

Fails

initiate

closure

the

site

postclosure

care when ordered to do so by the Board or a court of

competent jurisdiction;

or

ci)

 Notifies the Agency that it has initiated closure, or

initiates closure, but fails to close the site or

provide

postclosure

care

accordance

with

the

closure

and

postclosure

care

plans.

The Surety shall pay the penal sum of the bond to the

 IEPA or

notify the IEPA that

 it intends to provide closure and

postclosure care in accordance with the closure and postclosure

care plans for the site within 30 days after the IEPA mails

notice to the Surety that the Principal has failed to so provide

closure and postclosure care.

 Payment shall be made by check or

draft payable to the State of Illinois, Landfill Closure and

Postclosure

Fund.

If the Surety notifies the Agency that

 it intends to provide

closure

and

postclosure

care,

then

the

Surety

must

initiate

closure

and

postclosure

care

within

days

after

the

IEPA

mailed

notice to the Surety that the Principal failed to provide closure

and postclosure care.

 The Surety must complete closure and

postclosure care in accordance with the closure and postclosure

care

plans,

pay

the

penal

sum.

112—252

121

The liability of the Surety shall not be discharged by any

payment or succession

 of payments unless and until such payment

or payments shall amount

 in the aggregate to the penal sum of the

bond.

 In’rio event shall the obligation of the Surety exceed the

amount of the penal sum.

This bond shall expire on the

______

 day of

___________,

_____;

provided,

 however,

 that if the Principal fails to provide

substitute financial assurance prior to the expiration date,

and

the IEPA mails notice of such failure to the Surety within 30

days after such date, the term of this bond shall be

automatically extended for one twelve-month period starting with

the date of expiration

 of the bond.

The Principal may terminate this bond by sending written notice

to the Surety;

 provided, however,

 that no such notice shall

become effective until the Surety receives written authorization

for termination of the bond from the IEPA.

In Witness Whereof,

 the Principal and Surety have executed this

Forfeiture Bond and have affixed their seals on the date set

forth above.

The persons whose signatures appear below certify that they are

authorized to execute this surety bond on behalf

 of the Principal

and Surety.

Principal Corporate Surety _______________________

Signature

Name

Typed Name

Address

Title

State of Incorporation ____________________________

Date Signature

Typed Name

Title

Corporate seal

 Corporate seal

112—253

122

Bond premium:

____________________

112—254

123

Section

811.Appendix

Financial

Assurance

Forms

Illustration E

 Irrevocable Standby

Letter

 of Credit

IRREVOCABLE STANDBY LETTER OF CREDIT

Director

Illinois Environmental Protection Agency

2200 Churchill Road

Springfield,

 Illinois

62706

Dear Sir or Madam:

We have authority to issue letters of credit.

 Our letter—of—

credit operations are regulated by the Illinois Commissioner of

Banks and Trusts or our deposits are insured by the Federal

Deposit Insurance Corporation.

 (Omit language which does not

apply)

We hereby establish our Irrevocable Standby Letter of Credit No.

______________

 in your favor,

 at the request and for the account

of

_______________

____________________

 up to the aggregate

amount of ________________________ U.

 S. dollars

_________),

available upon presentation of

1.

 your sight draft, bearing reference to this letter of

credit No.

_______________;

 and,

your

signed

statement

reading

follows:

“I

certify

that the amount of the draft is payable pursuant to

regulations issued under authority of the Environmental

Protection Act

 (Ill.

 Rev.

 Stat.

 1987,

ch.

 111 1/2,

par.

 1001 et seq.)

 and 35

 Ill. Adm. Code

 811.713(e).

This letter of credit

 is effective as of

__________________

and

shall expire on

__________________;

 but,

 such expiration date

shall

 be automatically extended for one period of twelve months

starting with the expiration date if the operator fails to

substitute alternative financial assurance prior to the

expiration of this letter of credit and you notify us of such

failure within

 30 days after the above expiration date.

Whenever this letter of credit

 is drawn on under and in

compliance with the terms of this credit,

 we shall duly honor

such draft upon presentation to us, and we shall deposit the

amount of the draft directly into the State of Illinois landfill

closure and postclosure fund in accordance with your

instructions.

This letter of credit

 is governed by the Uniform Commercial

 Code

(Ill.

 Rev.

 Stat.

 1989,

ch.

26,

 pars.

 1—101

 et seq.).

Signature

1.12—255

124

Typed

Name

____________________________

Title

Date

Name and address of issuing institution

This credit is subject to

________

112—256

125

Section 81l.Appendix A

 Financial Assurance Forms

Illustration F

 Certificate of Insurance for Closure and/or

Postclosure Care

CERTIFICATE OF INSURANCE FOR CLOSURE AND/OR POSTCLOSURE CARE

Name and Address of Insurer

 (“Insurer”)

_______________________

Name and Address of Insured

 (“Insured”)

 _________________________

Sites Covered:

Name

Address

City

Amount insured for this site:

 __________________________________

Name

Address

City

Amount

insured

for

this

site:

_______________________________

Please attach a separate page

 if more space is needed for all

sites.

Face

Amount

Policy Number

Effective Date

The Insurer hereby certifies that

 it is licensed to transact the

business of insurance by the Illinois Department of Insurance.

The insurer hereby certifies that it has issued to the Insured

the policy of insurance identified above to provide financial

assurance for closure and postclosure care for the sites

identified

 above.

 The Insurer further warrants that such policy

conforms

 in all respects with the requirements of 35

 Ill. Adm.

Code

 811.714,

 as applicable and as such regulations were

constituted on the date shown immediately

 below.

 It is agreed

112—257

126

that any provision of the policy inconsistent with such

regulations

 is hereby amended to eliminate such inconsistency.

Name

 (Authorized signature for Insurer)

_________________________

Typed Name

Title

Date

_______

112—258

127

Section 811.Appendix A

 Financial Assurance Forms

Illustration G

 Operator’s

 Bond Without Surety

OPERATOR’S

 BOND WITHOUT SURETY

Date bond executed:

Effective date:

Operator:

__________

Operator’ s address:

Site:

Site address:

Penal sum:

The operator promises to pay the penal sum to the Illinois

Environmental Protection Agency unless the Operator provides

closure and postclosure care of the site in accordance with the

closure and postclosure care plans for the site.

Operator ____________________________

Signature _________________________

Typed Name

______________________

Title ___________________________

Date _____________________________

Corporate seal

112—259

128

Section 8ll.Appendix A

 Financial Assurance Forms

Illustration H

 Operator’s Bond With Parent Surety

OPERATOR’S BOND WITH PARENT SURETY

Date bond executed:

 ____________________________________

Effective Date:

Surety:

Surety’s address: ____________________________________

Operator:

Operator’ s address: _______________________________________

Site:

Site address:

Penal

 sum:

The Operator and Surety promise to pay the above penal sum to the

 Illinois Environmental Protection Agency

 (“IEPA”) unless the

Operator provides closure and postclosure care of the site

in

accordance with the closure and postclosure care plans for the

site.

 To the payment of this obligation the Operator and Surety

jointly and severally bind themselves,

 their heirs,

 executors,

administrators,

 successors and assigns.

Whereas the Operator

 is required under the Environmental

Protection Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

111

 1/2,

 par.

 1021(d))

to have

 a permit to conduct a waste disposal operation; and

Whereas the Operator

 is required under Section 21.1 of the

Environmental Protection Act to provide financial assurance for

closure and postclosure care; and

Whereas the Operator and Surety agree that this bond shall be

governed by the laws of the State

 of Illinois;

and

Whereas the Surety is

 a corporation which owns an interest in the

Operator;

The Surety shall pay the penal sum to the IEPA if, during the

term of the bond, the Operator fails to provide closure and

postclosure care for any site in accordance with

the closure and

postclosure care plans for that site as guaranteed by this bond.

The Operator fails to so provide when the Operator:

a)

 Abandons the site;

112—2(~fl

129

adjudicated

bankrupt;

c)

 Fails

 to initiate closure of the site or postclosure

care when ordered to do so by the Board or

 a court of

competent jurisdiction;

or

ci)

 Notifies the Agency that it has initiated closure,

or

initiates closure,

 but fails to close the site or

provide

postclosure

care

accordance

with

the

closure

and postclosure care plans.

The Surety shall pay the penal sum of the bond to

the

IEPA

within

30 days after the IEPA mails notice to the Surety that the

Operator has failed to

 so provide closure and postclosure care.

Payment shall be made by check or draft payable to the State of

Illinois,

Landfill

Closure

and

Postclosure

Fund.

In Witness Whereof,

 the Operator and Surety have executed this

bond and have affixed their

 seals on the date set forth above.

The persons whose signatures appear below certify that they are

authorized to execute this surety bond on behalf

 of the Operator

and Surety.

Operator

Surety

Signature

Name

Typed Name

Address

Title

State of Incorporation ____________________________

Date

Signature

Typed Name

Title

Corporate seal

 Corporate seal

11 2—2(d

130

Section 81l.Appendix A

 Financial Assurance Forms

Illustration

I

 Letter From Chief Financial Officer

LETTER FROM CHIEF FINANCIAL OFFICER

Director

Illinois

Environmental

Protection

Agency

2200

Churchill

Road

Springfield,

Illinois

62706

Dear Sir or Madam:

I am the chief financial officer of

This letter is

 in support

 of this firm’s use of the gross revenue

test and financial test to demonstrate financial assurance

pursuant to 35

 Ill. Adm. Code

 811.715.

This letter

 is to demonstrate financial assurance for the

following

sites:

Operator:

Name:

Address:

City:

Current cost estimate:

_________________________________________

Operator:

Name:

Address:

City:

Current cost estimate:

_________________________________________

Please attach

 a separate page

 if more space is needed for all

facilities.

Attached is an Operator’s Bond without Surety or an Operator’s

 Bond with Parent Surety for the current cost estimate for each

site.

(Strike

inapplicable

language.)

Gross Revenue Test

1.

 Gross revenue of the firm

___________________________

112—262

131

2.

 Gross revenue from waste disposal operations

_____________

Line

divided

line

________________________________

Financial

Test

Alternative

1.

 Sum of current cost estimates

 (total of all cost estimates

shown in paragraphs above)

_________________________________

2.

 Total liabilities

(if

any

portion

the

cost

estimates

is

included

 in total liabilities,

 you may deduct the amount of

that portion from this line and add that amount to lines

3

and4)

3.

 Tangible net worth

____________________________________

4.

 Net worth

_____________________________________________

5.

 Current assets

_________________________________________

6.

 Current liabilities

____________________________________

7.

 Net working capital

 (line

 5 minus line

6)

______________

8.

 The sum of net income plus depreciation,

 epletion,

and

amortization

________________________________________________

9.

 Total assets

 in U.S.

 (required only

if

less

than

percent

of firm’s assets are located

 in the U.S.

________________

Yes

No

10.

 Is line

3

 at least $10 million? _____________________________

11.

 Is line

3

 at least

 6 times line

 1? __________________________

12.

 Is line

 7 at least

 6 times

 line

 1? __________________________

13.

 Are at least

 90 percent

 of firm’s assets located

 in the

U.S.?

 If not, complete line 14. __________________________

14.

 Is line

9

 at least

 6 times line 1? ________________________

15.

 Is line

 2 divided by line

4

 less than 2.0?

_________________

16.

 Is line 8 divided by line 2 greater than 0.1?

_____________

17.

 Is line

 5 divided by line

 6 greater than 1.5?

_____________

Signature

I

12—263

132

Typed

Name

________________________

Title

____________________________

Date _______________________________

Financial Test

Alternative II

1.

 Sum of current cost estimates

 (total of all cost estimates

shown

paragraphs

above)

________________________________

2.

 Current bond rating of most recent issuance

of this firm and name of rating service

_____________________

3.

 Date of issuance of bond _________________________________

Date

maturity

bond

______________________________

5.

 Tangible net worth

 (if any portion of the closure and

postclosure cost estimates is

included in “total

liabilities” on your firm’s financial statements,

 you may

add the amount of that portion to this line)

___________

6.

 Total assets in U.S.

 (required only if less than 90 percent

of

 firm’s assets are located in the U.S.)

_____________

Yes

No

7.

 Is line

 5 at least $10 million? __________________________

8.

 Is line

 5 at least 6 times line 1? ________________________

9.

 Are at least 90

percent

 of firm’s assets located in the

U.S.?

 If not coxnplet~line 10. _________________________

10.

 Is line

 6 at least

 6 times line 1? _________________________

Signature

Typed name

Title

Date

_______

112—264

133

TITLE

35:

 ENVIRONMENTAL

 PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

i:

 SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART 812

INFORMATION

SUBMITTED

PERMIT

APPLICATION

SUBPART

GENERAL

 INFORMATION

 REQUIRED FOR ALL LANDFILLS

Scope and Applicability

Certification

Professional

Engineer

Application Fees

Required Signatures

Approval

Unit

Local

Government

 Site Location

Map

Site Plan Map

Narrative

Description

the

Facility

Location

Standards

Surface Water Control

812.111

 Daily Cover

Legal Description

Proof of Property Ownership and Certification

Closure Plans

Postclosure Care Plans

Closure and Postclosure Cost Estimates

SUBPART

B:

 ADDITIONAL

 INFORMATION

 REQUIRED FOR INERT WASTE

LANDFI

LLS

Section

812.301

812.302

812.303

812.304

812.305

812.306

812.307

812.308

812.309

812.310

812.311

812.312

812.313

812. 314

CHEMICAL WASTE LANDFILLS

Scope and Applicability

Waste Analysis

Site Location

Waste Shredding

Foundation Analysis

and

 Design

Design of the Liner System

Leachate Drainage

 and Collection

 Systems

Leachate Management System

Landfill

Gas

Monitoring

Systems

Gas Collection Systems

Landfill

Gas

Disposal

Intermediate

 Cover

Design

of the Final

 Cover

 Syster.~

Description

 the Hydrocjeology

Section

812.101

812.102

812.103

812.104

812. 105

812.106

812.107

812.108

812.109

812.110

812.112

812.113

812.114

812.115

812.116

Section

812.201

812.202

812.203

812.204

Scope and Applicability

Waste Stream Test Results

Final Cover

Closure Requirements

SUBPART

C:

 ADDITIONAL

INFORMATION

 REQUIRED FOR PUTRESCIBLE

AND

2—265

134

812.315

 Plugging and Sealing of Drill Holes

812.316

 Results of the Groundwater Impact Assessment

812.317

 Groundwater Monitoring Program

812.318

 Operating Plans

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.

 effective

NOTE:

 Capitalization indicates statutory language.

SUBPART

A:

 GENERAL INFORMATION REQUIRED FOR ALL LANDFILLS

Section 812.101

 Scope and Applicability

a)

 All persons,

 except those specifically exempted by

Section 21(d)

 of the Environmental Protection Act

 (Act)

(Ill.

 Rev.

 Stat.

 1989,

ch.

 111 1/2,

 par. 1021(d)),

shall submit to the Agency an application for a permit

to develop and operate

 a landfill.

 The application

must contain the information required by this Subpart

and by Section 39(a)

 of the Act.

b)

 Subpart A contains general standards applicable to all

landfills.

 Subpart B contains additional standards

applicable to landfills which accept only inert waste.

Subpart C contains additional standards applicable to

landfills which accept chemical and putrescible waste.

c)

 All general provisions of

35

 Ill. Adm.

Code

810

apply

to this Part.

Section 812.102

 Certification by Professional Engineer

All designs shall

 be prepared by,

 or under the supervision of,

a

professional engineer.

 The professional engineer shall affix the

name of the engineer, date of preparation, registration number,

a

statement attesting to the accuracy, of the information and

design, and

 a professional seal to all designs.

Section 812.103

 Application Fees

The permit application must be accompanied by all filing fees

required pursuant to Section

 5(f)

 of the Act.

112— 266

135

Section 812.104

 Required Signatures

a)

 All permit applications shall contain the name,

address, and telephone number of

 a duly authorized

agent of the operator and the property owner to whom

all inquiries and correspondence

 shall be addressed.

b)

 All permit applications shall be signed by a duly

authorized agent of the operator and the property

owner, shall be accompanied by an oath or affidavit

attesting to the agent’s authority to sign the

application and shall

 be notarized.

 The following per-

sons are considered duly authorized agents of the

operator and the property owner:

1)

 For corporations,

 a principal executive officer of

at least the level

 of vice president

2)

 For a sole

proprietorship or partnership,

a

proprietor

 or general partner,

 respectively;

3)

 For a municipality,

 state,

 federal or other public

agency, by the head of the agency or ranking

elected official.

Section 812.10.5

 Approval by Unit of Local Government

The applicant shall

 state whether the facility is

 a new regional

pollution control

 facility,

 as defined

 in Section 3.32

of

the

Act,

 which

 is subject

 to the site location suitability approval

requirements of Sections 39(c)

 and 39.2 of the Act.

 If such

approval by a unit of local government

 is required,

the

application shall identify the unit of local government with

jurisdiction.

 The application shall contain any approval issued

by that unit of

 local government.

 If ‘no approval has been

granted, the application shall describe the status of the

approval request.

Section 812.106

 Site Location

Map

All permit applications

 shall contain

 a site location map on the

most recent United States Geological Survey

 (USGS) quadrangle of

the area from the

7½

minute series

 (topographic),

 or on such

other map whose scale clearly shows the following information:

a)

 The permit area and all adjacent property,

 extending at

least

 1000 meters

 (3300

 feet)

 beyond the boundary of

the facility;

b)

 All surface waters;

c)

 The prevailing wind direction;

112-- 2 67

136

ci)

 All rivers designated for protection under the Wild and

Scenic Rivers Act

 (16 U.S.C.

 1271 et seq.);

e)

The

 limits of all 100—year floodplains;

f)

 All natural areas designated as

 a Dedicated Illinois

Nature Preserve pursuant to the Illinois Natural Areas

Preservation Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

 105, par.

701 et seq.);

g)

 All historic and archaeological sites designated by the

National Historic Preservation Act

 (16 U.S.C.

 470 et

seq.)

 and the Illinois Historic Areas Preservation Act

(Ill.

 Rev.

 Stat.

1989

oh.

 127,

 par.

 133d1 et

seq.);

h)

 All areas identified as critical habitat pursuant to

the Endangered Species Act

 (16 U.S.C.

 1531 et seq.)

and

the Illinois Endangered Species Protection Act

 (Ill.

Rev.

 Stat.

 1989,

ch.

 8, par.

 331 et seq.); and

i)

 All main service corridors,

 transportation routes,

and

access roads to the facility.

Section 812.107

 Site Plan Nap

The application shall contain maps,

 including cross sectional

maps of the site boundaries,

 showing the location of the facility

scale

smaller

than

one

inch

equals

200

feet

containing

two-foot

contour

interval.

The

following

information

shall

shown:

a)

 The’entire permit area;

b)

 The boundaries,

 both above and below ground level,

of

the facility and all units included in the facility;

 Location of borrow areas;

d)

 Boundaries of all areas

 to be disturbed;

e)

 The proposed phasing of the facility, including a

delineation of the approximate area to be disturbed

each year and areas expected to be closed each year in

compliance with 35111.

 Adm.

 Code 811.107(a);

f)

 All roads

 in and around the facility;

Devices

 for controlling access to the facility;

h)

 Devices for controlling litter;

112—2 68

137

i)

 Fire protection facilities;

and

j)

 Utilities.

Section 812.108

 Narrative Description of the Facility

The permit application shall contain a written description of the

facility with supporting documentation describing the procedures

and plans that will be used at the facility to comply with the

 requirements of

35

 Ill. Adm.

 Code 811 and any other applicable

Parts of

35

 Ill. Adm.

 Code:

 Chapter

I.

 Such descriptions shall

include, but not be ‘limited to the following information:

a)

 The type of waste disposal units and the types of

wastes expected

 in each unit;

b)

 An estimate of the maximum capacity of each unit and

the rate at which waste

 is to be placed;

c)

 The manner

which

waste

will

placed

and

compacted

to comply with

35

 Ill.

 Adm.

 Code 811.105;

ci)

 The estimated unit weight

 of the waste;

e)

 The length of time each unit will receive waste;

f)

 The design period to be used

 for each unit;

g)

 Size of the open face area,

 including all information

showing that slopes steeper than two to one will be

stable and

 in compliance with

35

 Ill.

 Adm.

 Code

811.107(b);

h)

 A description of how units will be developed to allow

contemporaneous closure and stabilization pursuant to

35

 Ill.

 Adm.

 Code 811.110, 811.111,

 811.204, 811.205

or

811.322;

i)

 A description of all equipment to be used at the facil-

 ity for complying with

 35 Ill.

Adm.

Code

807.304;

j)

 A litter control plan for complying

with

35

 Ill. Adm.

Code 811.107(k);

k)

 A salvaging plan including

 a description of all salvage

facilities and a plan for complyin~with

35

 Ill. Adm.

Code 811.108;

1)

 A description of all utilities for operation in

compliance with 35 Ill.

 Adrn.

Code

811.107(d);

ii 2—26~)

138

in)

 A boundary control plan describing how the operator

will

comply

the

requirements

Ill.

Adm.

Code

811.109;

n)

 A maintenance plan describing how the operator will

comply with 35 Ill.

 Adm. Code 811.107(c)

and

 (e);

o)

 An air quality plan describing the methods to be used

to comply with the open burning requirements of

 35 Ill.

Adm.

 Code 811.107(f)

 and for controlling dust in

compliance with 35

 Ill. Adm.

 Code 811.107(g);

p)

 A noise control plan describing how the operator will

control

noise

compliance

with

 35 Ill.

 Adm. Code

811.107(h);

q)

 An odor control plan;

r)

 A vector control plan to comply with 35

 Ill. Adm. Code

811.107(i);

s)

 A firefighting and fire safety plan;

and

t)

 A transportation plan that includes all existing and

planned roads

 in the facility that will be used during

the operation of the landfill facility; the size and

type of such roads and the frequency with which they

will be used.

Section 812.109

 Location Standards

The permit application shall contain:

a)

 Documentation that the facility will operate

in

compliance with

 35 Ill.

 Adm. Code 811.102(a).

b)

 A floodplain determination containing:

1)

 Documentation that the facility is not located

within the floodplain of the 100-year flood event;

2)

 Documentation that the facility meets the

requirements of 35

 Ill. Adm. Code 811.102(b).

c)

 Documentation from the State Historic Preservation

Officer that the facility will be in compliance with 35

Ill. Adm. Code 811.102(c).

d)

 Documentation from the Illinois Nature Preserves

Commission

that

the

facility

will

compliance

with

112—270

139

811.102(c)

as

 it relates to Dedicated Illinois Nature

Preserves.

e)

 Documentation that the facility will be

 in compliance

with 35 Ill.

 Adm.

 Code 811.102(d).

f)

 Documentation that

 a facility located within

 a wetland

is

 in compliance with Section 404 of the Clean Water

Act

 (35 U.S.C.

 1344).

g)

 Documentation that the facility is

 in compliance with

35111.

 Adm.

 Code 811.102(f).

Section 812.110

 Surface Water Control

The permit application shall contain

 a plan for controlling

surface water which demonstrates compliance with 35 Ill.

 Adm.

Code 811.103, and which shall include at least the following:

a)

 A copy of the approved National Pollutant Discharge

Elimination

System

(NPDES)

permit

or,

permit

pending,

 a copy of the NPDES permit application to

discharge runoff from all disturbed areas;

b)

 A map showing the location of all structures affected

by the surface water runoff from disturbed areas on the

facility;

 Detailed designs

 of all structures to be constructed

during development of the facility and during the first

five year operating period; and

ci)

 Estimated construction dates of all structures to be

constructed beyond the first five year operating

period.

Section 812.111

 Daily Cover

The application shall contain

 a description of the material to be

used as daily cover:

a)

 A description of the soil to be used,

 including

its

classification and approximate hydraulic conductivity;

or

b)

 Documentation that any proposed alternative materials

or procedures to substitute for daily cover meet the

minimum requirements of

35

 Ill. Adm.

 Code 811.106(b).

112--271

140

Section 812.112

 Legal Description

The permit application shall contain a legal description of the

facility boundary and the boundaries of all units included

 in the

facility.

 This legal description shall identify the nature and

location of all stakes and monuments required by Section 811.104

and shall be prepared by or under the supervision of

a

professional surveyor, who shall affix a professional seal to the

work.

Section 812.113

 Proof of Property Ownership and Certification

The permit application shall contain a certificate of ownership

of the permit area or

 a copy of the lease.

 The lease shall

clearly specify that the owner authorizes the construction of a

 waste disposal facility on the leased premises,

 and the duration

of the lease will be at least as long as the design period of the

landfill.

 Any prior conduct certifications issued to the owner

or operator shall be included

 in the permit application.

The

owner and operator shall certify that the Agency will be notified

within seven days of any changes

 in ownership or conditions in

the lease affecting the permit area.

Section 812.114

 Closure Plans

The permit application shall contain a written closure plan which

contains,

 at a minimum, the following:

a)

 A map showing the configuration of the facility after

closure of all units, with the following:

1)

 A contour map showing the proposed final

topography

 (after placement of the final cover)

of

all disturbed areas on a 1”

 200’

 scale and a

contour interval of two feet; and

2)

 The location of all facility-related structures to

remain as permanent features after closure.

b)

 Steps necessary for the premature final closure of the

site at the assumed closure date,

 as defined in 35

 Ill.

Adm. Code 811.700(e);

c)

 Steps nec,essary for the final closure of the site at

the end of its intended operating

 life;

ci)

 Steps necessary to prevent damage to the environment

 during temporary suspension of waste acceptance

 if the

operator wants a permit which would allow temporary

suspension

waste

acceptance

the

site

without

initiating

final

closure;

112—272

141

e)

 A description of the steps necessary to decontaminate

equipment during closure;

f)

 An estimate of the expected year of closure;

g)

 Schedules

 for the premature and final closure, which

shall include,

at

 a minimum:

1)

 Total time required to close the site;

and

2)

 Time required for closure activities which will

allow tracking of the progress of closure; and

h)

 A description of methods for compliance with all

closure, requirements of 35

 Ill.

 Adm.

 Code 811.

Section 812.115

 Postclosure Care Plans

The application shall contain a postclosure care plan which

includes

 a written description of the measures to be taken during

the postclosure care period

 in compliance with the requirements

of 35

 Ill.

 Adm.

 Code 811.

Section 812.116

 Closure and Postclosure Cost Estimates

The application shall contain an estimate of the costs of closure

and postclosure care and maintenance

 in accordance with the

requirements of

 35 Ill.

Adn

Code

8l1.Subpart

SUBPART

ADDITIONAL

INFORMATION

REQUIRED

FOR

INERT

WASTE

LANDFILLS

Section 812.201

 Scope and Applicability

In addition to the information required by Subpart A,

an

application for a permit to develop an inert waste disposal unit

shall contain the information required by this Subpart.

Section 812.202

 Waste Stream Test Results

The application shall contain information describing the waste

and results of tests conducted on the waste pursuant to 35

 Ill.

Adm.

 Code 811.202 demonstrating that all waste entering the unit

meet the definition

of

 an inert waste.

Section 812.203

 Final Cover

The permit application shall contain a description of the

material to be used

 as the final cover,

 application and spreading

techniques,

 and the types of vegetation

 to be planted pursuant to

35

 Ill.

 Adm.

 Code 811.204.

112--273

142

Section 812.204

 Closure Requirements

The permit application shall contain a description of how the

applicant will comply with 35 Ill. Adm. Code 811.205(a)

and

 (b).

SUBPART C:

 ADDITIONAL

INFORMATION

REQUIRED FOR PUTRESCIBLE

AND

CHEMICAL WASTE LANDFILLS

Section 812.301

 Scope and Applicability

In addition to the information required by Subpart A, an

application for a permit to develop a putrescible or chemical

waste landfill shall contain the information required by this

Subpart.

Section 812.302

 Waste Analysis

An application for a landfill that accepts only chemical wastes

shall include the results of

 a waste analysis showing that the

wastes to be accepted at the facility meet the definition of

a

chemical waste.

 The analysis shall show that all wastes entering

the unit will be compatible and will not react to form a

hazardous substance or gaseous products.

Section

812.303

Site

Location

a)

 The permit application shall contain a site location map

showing the location of the following structures or areas

located within one mile of the facility:

1)

 All water supply wells

 in use for drinking water;

2)

 All setback zones established pursuant to Section 14.2

or 14.3 of the Act;

3)

 Any sole source aquifer,

 or that an impervious strata

exists between the facility and the aquifer that meets

the minimum requirements of

 35 Ill. Adm. Code

811.302(b);

4)

 Units located within a setback zone established

 pursuant to Section 14.2 or 14.3 of the Act showing

that the location still meets the minimum requirements

Ill.

Adm.

Code

811.302(b);

5)

 All state and federal parks and recreational areas;

6)

 All state,

 federal or nterstate highways and the

location of any barriers necessary to comply with 35

Ill. Acm. Code 811.302(c);

112—274

143

7)

 All occupied dwellings,

 hospitals and schools;

and

8)

 All airports.

b)

 If any areas or structures included

 in a site location map,

in accordance with subsection

(a)

 requires

 a demonstration

or showing,

 then documentation of the demonstration or

showing must accompany the site location map.

Section 812.304

 Waste Shredding

If waste shredding is planned

 for the facility operation,

including the landfilling

 of shredded waste,

 then the application

shall contain documentation to demonstrate compliance with

35

Ill. Adm Code 811.303(b),

 including a description of the

mechanical shredder proposed for use.

Section 812.305

 Foundation Analysis and Design

a)

 The permit application shall contain a foundation study

and analysis showing that the unit demonstrates compli-

ance with

35

 Ill. Adm.

 Code 811.304 and 811.305.

b)

 The study shall be performed by or under the super-

vision of

 a registered professional engineer.

 The following information shall

 be included

 in the

permit

application:

1)

 Results

 of tests performed on foundation

materials;

2)

 Estimated settlement of the unit;

3)

 Diagrams and cross sections

 of any proposed sub-

base or foundation construction;

4)

 Specifications for soil to be used for foundation

construction; and

construction

quality

assurance

program

for

proper

implementation

 of the foundation pursuant

to

35

 Ill. Adm.

 Code 8l1.Subpart E.

Section 812.306

 Design of the Liner System

The application shall contain information to show that the design

of the liner system meets the minimum requirements of

35

 Ill.

Adm.

Code

811.306,

including

the

following

information:

a)

 For Compacted Clay Liners:

112--275

144

1)

 Cross sections and plan views of the liner system;

2)

 Results of any field or laboratory tests

demonstrating that the liner material complies

with

 35 Ill. Adm.

 Code 811.306(d);

3)

 A description of the test liner,

 including:

A)

 Diagrams and any supporting documentation

showing that the test liner will be

constructed and evaluated in accordance with

Ill.

Adm.

Code

811.507(a);

B)

 A detailed description of the results of the

test liner constructed in accordance with

35

Ill.

 Adin Code 811.507(a),

 if constructed

prior to permit application;

4)

 A description of construction methods and

equipment to be utilized; and

5)

 A construction quality assurance plan pursuant to

 Ill. Adm. Code 8l1.Subpart

E.

b)

 For geoinembranes:

1)

 A description of the physical properties of the

geoiriembrane;

2)

 Documentation showing that the design of the

geomembrane meets the minimum requirements of

35

Ill.

 Adm.

 Code 811.306(e);

3)

 A description of the methods to seam the

geornembrane in the field in compliance with 35

Ill.

 Adm.

 Code 811.306(e) (5);

4)

 A plan showing the proposed layout of the

individual panels and the locations of all

openings through the geomembrane;

5)

 A cross section and description of how openings

in

the membrane will be constructed to minimize

leaks; and

6)

 A construction quality assurance program pursuant

to 35 Ill. Adm.

 Code 811.Subpart E for proper

construction, seaming and inspection of the

geomembrane.

c)

 For Slurry Trenches and Cutoff Walls:

112—276

145

1)

 A description of the slurry trench or cutoff wall,

including documentation of cross sections,

material specifications and methods of

construction to demonstrate compliance with 35

Ill. Adm.

 Code 811.306(f);

2)

 Location and descriptions of the boreholes,

including the results of any testing; and

3)

 A construction quality assurance plan,

 pursuant to

35

 Ill. Adm.

 Code Bll.Subpart

E.

ci)

 For Alternative Liner Technology:

A complete description of the technology,

 including

documentation

demonstrating

that

 the technology will

perform as required by 35

 Ill. Adm.

 Code 811.306(f).

Section 812.307

 Leachate Drainage and Collection

 Systems

The permit application shall contain information to demonstrate

that the proposed leachate drainage and collection system will be

 in compliance with 35

 Ill. Adm. Code 811.307 and 811.308,

including:

a)

 A plan view

 of the leachate collection system,

 showing

pipe locations,

 cleanouts, manholes,

 sumps,

 leachate

storage structures and other

 relat.ed information;

b)

 Cross sections and descriptions

 of manholes,

 sumps,

cleanouts, connections and other appurtenances;

 The locations of all leachate

 level monitoring

locations;

ci)

 A stability analysis showing that the side slopes will

maintain the necessary static and seismic safety fac-

tors during all phases of operation;

e)

 All calculations, assumptions and information used to

design the leachate collection and drainage system;

f)

 A description of the methods to be used to clean and

otherwise maintain the leachate collection and drainage

system,

 including the number and location of access and

cleanout points;

and

g)

 A construction quality assurance program to insure

proper

construction

the

systems

pursuant

Ill.

Adm.

 Code B11.Subpart

E.

112—277

146

Section 812.308

 Leachate Management System

The

application

shall

contain

information

show

how

the applicant will comply with 35

 Ill. Adm. Code

811.309,

 including the following

 information:

1)

 Leachate disposal methods,

 including:

A)

 The approved NPDES permit or,

 if the permit

is pending,

 the NPDES permit application;

B)

 Documentation to demonstrate that the offsite

treatment works meets the requirements of

35

Ill.

 Adm. Code 811.309(e) (1);

or

C)

 Pretreatment authorization,

 if necessary from

the offsite publicly owned treatment works

pursuant to 35

 Ill. Adm. Code 310.

2)

 Design of tanks,

 lagoons, and all other treatment

or storage units;

3)

 A map showing the location of all units, piping

and monitoring stations;

and

4)

 A description of the leachate monitoring system,

including all parameters to be monitored and the

location of the sampling points.

b)

 The operator may include in the application a request

for authorization to recycle leachate,

 if desired.

The

request shall be supported by information to

demonstrate compliance with 35

 Ill. Adm.

 Code

811.309(f),

 including:

1)

 A demonstration that the unit satisfies the

criteria of 35

 Ill. Adm.

 Code 811.309(f) (1);

2)

 Estimates of the expected volume of excess

leachate,

 as defined in 35

 Ill. Adm. Code

811.309(f) (3);

3)

 A plan for the disposal of excess leachate,

as

defined

Ill.

Adm.

Code

811.309(f)

(3);

4)

 Layout and design of the leachate distribution

system; and

5)

 Pursuant to 35 Ill.

 Adm. Code 811.309(f) (6), a

demonstration that the daily and intermediate

cover is permeable, or

 a plan to remove daily and

112—278

147

intermediate cover prior

 to additional waste

disposal.

Section 812.309

 Landfill Gas Monitoring Systems

The permit application shall contain a plan to monitor the

buildup and composition of landfill gas

 in compliance with 35

Ill. Adm.

 Code 811.310,

 including:

a)

 A description of the most likely paths of migration of

landfill gas expected to be generated by the unit,

supported by the results of any predictive modeling

study of gas flow through the strata surrounding the

facility used, pursuant to 35

 Ill.

 Adm.

 Code

811.310(b) (2);

b)

 The location and design of sampling points; and

c)

 Support for the items under subsections

 (a) and

(b)

must be provided and shall include the results of the

predictive modeling study of the gas flow in accordance

with 35

 Ill. Adm.

 Code 811.310(b) (3).

Section 812.310

 Gas Collection Systems

The permit application shall contain, when a gas collection

system is required pursuant to 35

 Ill. Adm.

 Code 811.311(a),

a

plan for collecting landfill gas from the unit.

 The plan shall

contain information to demonstrate compliance with 35

 Ill. Adm.

Code 811.311,

 including:

a)

 Location of the collection points;

b)

 Layout and design of the collection system;

c)

 A description of and specifications for all machinery,

compressors,

 flares,

 piping and other appurtenances

necessary to the system;

and

ci)

 A gas condensate disposal plan.

Section 812.311

 Landfill Gas Disposal

When a permit application contains

 a plan for a gas collection

system,

 then

 a plan for landfill gas disposal shall

 be submitted.

The plan shall contain information to demonstrate compliance with

35

 Ill.

 Adin.

 Code 811.312, including~

a)

 The approved air discharge permit or,

 if the permit is

 pending,

 a copy

 of the air discharge permit application

required pursuant to 35 Ill.

 Adm.

 Code 200 thru

245;

1

12—27~

148

b)

 A map showing the location of the gas processing

facility;

c)

 Designs for the disposal system;

ci)

 A gas processing plan which includes

 a description of

the beneficial uses to be derived for the gas and the

design of the processing system; and

e)

 Where an offsite processing plant is utilized,

the

application shall contain documentation showing that

the plant meets all requirements of

35

 Ill. Adm. Code

811.312(g).

Section 812.312

 Intermediate Cover

The application shall contain a description of the material to be

used as intermediate cover in accordance with 35

 Ill. Adm. Code

811.313,

 including:

a)

 A description of the soil to be used,

 including its

classification and approximate hydraulic conductivity;

or

b)

 A demonstration that any proposed alternative materials

or procedures to substitute for intermediate cover meet

the minimum requirements of 35

 Ill.

 Adm. Code 811.313.

Section ‘812.313

 Design of the Final Cover System

The permit application shall contain documentation for the final

 cover system to demonstrate compliance with

 35 Ill.

 Adm. Code

811.314,

 including:

a)

 Material specifications;

b)

 Placement techniques;

c)

 Estimates of settling;

ci)

 A description of final protective cover, including a

description of the soil and the depth necessary to

maintain the proposed land use of the area;

e)

 A description showing how the low permeability

layer

will tie into the liner system;

and

f)

 A construction quality assurance program, pursuant to

35 Ill. Adm.

 Code 8ll.Subpart

 E, which provides that

the cover

 is constructed in compliance with all

applicable requirements of 35

 Ill. Adm. Code 811.

112—280

149

Section 812.314

 Description of the Hydrogeology

The permit application shall contain

 a description of the local

hydrogeologic system,

 which shall

 include the results of the

investigation conducted in accordance with 35

 Ill. Adm.

 Code

811.315 and which includes the following information:

a)

 A narrative description of the regional setting;

b)

 A narrative description characterizing the

hydrogeological conditions within the permit area;

 Geological cross sections of the permit area showing

all water bearing strata,

 water elevations and all

geological units;

d)

 Location of all bore holes and test pits;

e)

 All well and bore logs;

f)

 Laboratory and field testing data;

g)

 A detailed description of each geological unit found

within the study area,

 including physical and

geochemical properties; and

h)

 A description of all water bearing strata under the

facility,

including

potentiometric

map,

groundwater

flow velocities and directions and

 a description of the

water quality.

Section 812.315

 Plugging and Sealing of Drill Holes

The application shall contain a plan describing the techniques

and materials to be

utilized to plug and seal drill holes in

accordance with 35

 Ill.

 Adrn. Code 811.316.

Section 812.316

 Results of the Groundwater Impact Assessment

The application shall contain the results of

 a groundwater impact

assessment showing that the proposed unit will not violate the

requirements

of

 35 Ill.

 Adm.

 Code 811.317.

 The assessment shall

contain,

at

 a minimum,

 the following information:

a)

 Documentation of the contaminant transport model ‘used

for the assessment;

b)

 All input data used to perform the analysis and

modeling;

c)

 A sensitivity analysis of the model’s predictions

versus the magnitude of the input parameters;

ii 2—281

150

ci)

 Predicted concentration versus time profiles for

several points within the zone of attenuation over

a

predicted time period of 100 years;

e)

 Predicted concentration versus distance profiles taken

at five year increments for 100

years;

f)

 Documentation showing reliability of the model;

g)

 Documentation demonstrating validity of all input

parameters and assumptions;

and

h)

 A written evaluation of the groundwater impacts

expected at the facility.

Section

812.317

 Groundwater Monitoring Program

The permit application shall contain a groundwater monitoring

plan which demonstrates compliance with 35

 Ill. Adm.

 Code

811.318

and 811.319 and which includes the following information:

a)

 A site plan map showing all zones of attenuation;

b)

 Distance to the bottom of the uppermost aquifer;

c)

 The location and depth of all groundwater monitoring

points;

ci)

 The design of the groundwater monitoring wells, with a

description of the materials to be used in constructing

each well;

e)

 A list of the parameters to be tested at each

monitoring point;

f)

 A concentration versus time profile for each monitoring

point,

 showing the maximum allowable concentration at

that monitoring point for the 100 years after the

closure of the unit;

g)

 A description of the sampling procedure to be followed;

h)

 A description of the preservation techniques to be

utilized;

i)

 A description of the chain of custody, packing and

transportation plans for all samples to meet the

requirements of

 35 Ill.

 Adm. Code 811.318(g);

112—282

151

j)

 A description of the laboratory analysis,

 including

laboratory procedures,

 quality control,

 and error

detection;

k)

 A description of the statistical analysis techniques to

be used for evaluating the monitoring data;

1)

 A description of the groundwater quality standards

applicable at the facility pursuant to

35

 Ill.

 Adin.

Code 811.320, including

 a specific numerical value for

each constituent and including an evaluation of the

background concentrations

 of each constituent to be

monitored; and

m)

 A description of the statistical method to be utilized

 when evaluating groundwater data.

Section 812.318

 Operating Plans

a)

 The application shall contain all information necessary

to demonstrate compliance with 35

 Ill.

 Adm. Code

811.321(a)

b)

 The application shall contain

 a narrative description

of the initial waste placement plan, to demonstrate

compliance with

 35 Ill.

 Adm. Code 811.321(b).

112—283

152

TITLE

35:

 ENVIRONMENTAL’PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART 813

PROCEDURAL REQUIREMENTS FOR PERMITTED LANDFILLS

Section

813.101

813.102

813.103

813

104

813.105

813.106

813.107

813.108

813.109

813.110

813.111

SUBPART A:

 GENERAL PROCEDURES

Scope and Applicability

Delivery of Permit Application

Agency Decision Deadlines

Standards for Issuance

of a Permit

Standards for Denial of

 a Permit

Permit Appeals

Permit No Defense

Term of Permit

Transfer of Permits

Adjusted Standards to Engage in Experimental Practices

Agency Review of Contaminant Transport Models

SUBPART B:

 ADDITIONAL PROCEDURES FOR MODIFICATION AND

SIGNIFICANT MODIFICATION OF PERMITS

Section

813.201

 Initiation of a Modification or Significant

Modification

813.202

 Information Required for a Significant Modification of

Approved

Permit

813.203

 Specific Information Required for a Significant

Modification

 to Obtain Operating Authorization

813.204

 Procedures for

a Significant Modification of an

Approved Permit

SUBPART C:

 ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS

Section

813.301

813.302

813.303

813.304

813.305

Time of Filing

Effect of Timely Filing

Information Required for a Permit Renewal

Updated Groundwater Impact Assessment

Procedures for Permit Renewal

SUBPART D:

 ADDITIONAL PROCEDURES FOR INITIATION AND TERMINATION

TEMPORARY

AND

PERftkNENT

CLOSURE

AND

POSTCLOSURE

CARE

813.401

 Agency Notification Requirements

813.402

 Certification of Closure

813.403

 Termination of the Permit

SUBPART E:

 REPORTS TO BE FILED WITH THE AGENCY

Section

813.501

813.502

Annual Reports

Quarterly Groundwater Reports

112—284

153

813.503

 Information to be Retained at or near the Waste

Disposal Facility

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

22,

 22.17 and

28.1,

 and authorized by Section 27 of the Environmental

Protection Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

111

 1/2,

 pars.

 1005,

1021,

 1021.1,

 1022,

 1022.17,

 1027 and 1028.1).

SOURCE:

 Adopted in R88-7

at

14

 Ill. Req.

 effective

NOTE:

 Capitalization indicates statutory language.

SUBPART

 GENERAL

PROCEDURES

Section 813.101

 Scope and Applicability

a)

 This Subpart contains the procedures

 to be followed by

all applicants and

the Agency for applications for

permits required pursuant to Section 21(d)

of

Environmental Protection Act

 (Act)

 (Ill.

 Rev.

 Stat.

1989,

 ch. 111 1/2,

 par.

 1021(d)) and

 35 Ill. Adm.

 Code

 811,

 812,

and

 814.

 The procedures

 in this Part apply

to applications to issue a permit to develop and

operate

 a landfill,

 to modify

 a permit,

 to renew an

expired permit,

 and to conduct an experimental

practice.

b)

 All general provisions of

35

 Ill. Adm.

 Code 810 apply

to this Part.

Section 813.102

 Delivery of Permit Application

All permit applications shall

 be made on such forms as are

prescribed by the Agency,

 and shall be mailed or delivered to the

address designated by the Agency on the forms.

 The Agency shall

provide a dated,

 signed receipt upon request.

 The Agency’s

record of the date of filing shall be deemed conclusive unless a

contrary date is proven by

 a dated,

 signed receipt.

Section 813.103

 Agency Decision Deadlines

a)

THERE

FINAL

ACTION

THE

AGENCY

WITHIN

90

DAYS

AFTER

THE

FILING

THE

APPLICATION

FOR

PERMIT,

THE

APPLICANT

MAY

DEEM

THE

PERMIT

ISSUED;

EXCEPT

THAT

THIS

 TIME

PERIOD SHALL BE EXTENDED TO 180 DAYS WHEN:

1)

NOTICE

AND

OPPORTUNITY

FOR

PUBLIC

HEARING

ARE

REQUIRED

STATE

FEDERAL

LAW

OR

REGULATION,

Ii 2—285

154

2)

 THE APPLICATION WHICH WAS FILED IS FOR

ANY

PERMIT

TO DEVELOP A LANDFILL.

 (Section

 39 of the Act)

b)

 An application for permit pursuant to this Subpart

shall not be deemed to be filed until the Agency has

received all information and documentation in the form

and with the content required by this Part and 35 Ill.

Adm. Code 811,

 812, and 814.

 However,

 if, pursuant to

the standards of Section 813.105,

the Agency fails to

notify the applicant within 30 days after the filing of

a purported application that the application is

incomplete and the reason the Agency deems it

incomplete, the application shall be deemed to have

been filed as of the date of such purported filing as

calculated

pursuant

Section

813.102.

The

applicant

may treat the Agency’s notification that an application

is incomplete as

 a denial of the application for the

purposes of review pursuant to Section

813.106.

c)

 The applicant may waive the right to a final decision

in writing prior to the applicable deadline in

subsection

 (a).

ci)

 The applicant may modify a permit application at any

time prior to the Agency decision deadline date.

Any

modification of a permit application that would

otherwise be considered a significant modification of

an approved permit shall constitute a new application

for the purposes of calculating the Agency decision

deadline date.

e)

 The Agency shall mail all notices of final action by

registered or certified mail, post marked with a date

stamp and with return receipt requested.

 Final action

shall be deemed to have taken place on the post marked

date that such notice is mailed.

Section

 813.104

 Standards for Issuance of

 a Permit

a)

 THE AGENCY SHALL ISSUE A PERMIT UPON PROOF THAT THE

FACILITY,

 UNIT, OR EQUIPMENT WILL NOT CAUSE A VIOLATION OF

THIS ACT OR OF BOARD REGULATIONS SET FORTH IN 35 ILL.

 ADM.

CODE:

 CHAPTER I.

b)

 IN GRANTING PERMITS, THE AGENCY SHALL

IMPOSE SUCH CONDITIONS

AS

MAY

BE NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS

ACT

AND

AS ARE NOT INCONSISTENT WITH BOARD REGULATIONS SET FORTH

IN 35 ILL.

 ADM.

 CODE:

 CHAPTER

I.

c)

 EXCEPT FOR THOSE FACILITIES OWNED OR OPERATED BY SANITARY

DISTRICTS

ORGANIZED

UNDER

“AN

ACT

CREATE

SANITARY

DISTRICTS AND TO REMOVE OBSTRUCTIONS IN THE DES PLAINES

AND

112—786

155

ILLINOIS RIVERS”, APPROVED

MAY

29,

 1889,

AS

NOW

 OR HEREAFTER

AMENDED

(Ill.

Rev.

Stat.

1989,

ch.

42,

par.

320

seq.),

PERMIT FOR THE DEVELOPMENT OR CONSTRUCTION OF A NEW REGIONAL

POLLUTION CONTROL FACILITY

MAY

BE GRANTED BY THE AGENCY

UNLESS THE APPLICANT SUBMITS PROOF TO THE AGENCY THAT THE

LOCATION OF SAID FACILITY HAS BEEN APPROVED BY THE COUNTY

BOARD OF THE COUNTY

 IF IN AN UNINCORPORATED AREA,

 OR THE

GOVERNING BODY OF THE MUNICIPALITY WHEN IN AN INCORPORATED

AREA

WHICH

THE

FACILITY

LOCATED

ACCORDANCE

WITH

SECTION

39.2

THE

ACT.

ci)

PERMIT

SHALL

 BE ISSUED BY THE AGENCY FOR DEVELOPMENT OR

 OPERATION OF

ANY

FACILITY

OR

SITE

LOCATED

WITHIN

THE

BOUNDARIES OF ANY SETBACK ZONE ESTABLISHED PURSUANT TO THE

ACT IN

WHICH

SUCH

DEVELOPMENT

 OPERATION

 IS PROHIBITED.

(Section 39

of

the

Act)

Section 813.105

 Standards for Denial

of

 a Permit

IF THE AGENCY DENIES ANY PERMIT UNDER THIS SECTION, THE AGENCY

SHALL TRANSMIT TO THE APPLICANT WITHIN THE TIME LIMITATIONS OF

SECTION 813.103 SPECIFIC,

 DETAILED STATEMENTS AS TO THE REASONS

THE PERMIT APPLICATION WAS DENIED.

 SUCH A STATEMENT SHALL

INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:

a)

 THE SECTIONS OF THE ACT WHICH MAY BE VIOLATED IF THE

PERMIT

WERE

 GRANTED;

b)

 THE PROVISION

THE

REGULATIONS

SET

FORTH

IN

 35 ILL.

ADM.

 CODE:

 CHAPTER I PROMULGATED UNDER THE ACT, WHICH

MAY

VIOLATED

THE

PERMIT

WERE

GRANTED;

c)

 THE SPECIFIC TYPE OF

INFORMATION,

 IF ANY,

 WHICH

THE

AGENCY DEEMS THE APPLICANT DID NOT PROVIDE THE AGENCY;

AND

d)

 A STATEMENT OF SPECIFIC REASONS WHY THE ACT AND BOARD

REGULATIONS SET FORTH

IN

35

 ILL.

ADM.

 CODE:

 CHAPTER

I

MIGHT NOT BE

MET

THE

 PERMIT WERE GRANTED.

 (Section

39 of the Act)

Section 813.106

 Permit Appeals

a)

 IF THE AGENCY REFUSES TO GRANT OR GRANTS WITH

CONDITIONS

PERMIT

THE

APPLICANT

 MAY,

WITHIN

 35 DAYS,

PETITION FOR

HEARING

BEFORE

THE

BOARD

CONTEST

THE

DECISION OF

THE

AGENCY.

 (Section 40(a) (1)

 of the Act)

The petition shall

 be filed,

 and the proceeding

conducted, pursuant to the procedures

 of Section 40 of

the

Act

and

 Ill.

 Adrn.

 Code

 105.

12—287

156

b)

 Preparation and distribution by the Agency of any draft

permit is not a final decision for purposes of appeal.

c)

 Any Agency action to deny a permit or to grant

 a permit

with conditions will not be deemed final for the

purposes of appeal

 if the applicant has requested

Agency reconsideration of that action prior to the

filing of

 a petition pursuant to this Section.

Section

813.107

Permit

Defense

The issuance and possession of

 a permit shall not constitute a

defense to

 a violation of the Act or any Board regulations set

forth in 35

 Ill. Adm.

 Code:

 Chapter

 I except for the development

and operation of

 a landfill without

 a permit.

Section 813.108

 Term of Permit

a)

 No permit issued pursuant to this Part shall have a

term of more than five years.

b)

 A DEVELOPMENT PERMIT ISSUED UNDER SUBSECTION

 (A) OF

SECTION 39 FOR ANY FACILITY OR SITE WHICH IS

REQUIRED

TO HAVE A PERMIT UNDER SUBSECTION

(D)

 OF SECTION 21

SHALL EXPIRE AT THE END OF TWO CALENDAR YEARS FROM THE

DATE

UPON

WHICH

WAS

 ISSUED, UNLESS WITHIN THAT

PERIOD THE APPLICANT HAS TAKEN ACTION TO DEVELOP THE

FACILITY OR THE SITE.

 IN THE EVENT THAT REVIEW OF THE

CONDITIONS OF THE DEVELOPMENT PERMIT IS SOUGHT PURSUANT

TO SECTIONS 40 OR 41, OR THE PERMITTEE IS PREVENTED

FROM

COMMENCING

DEVELOPMENT

THE

FACILITY

SITE

BY

ANY OTHER LITIGATION BEYOND THE PERNITTEE’S CONTROL,

 SUCH TWO-YEAR PERIOD SHALL BE DEEMED TO BEGIN ON THE

DATE UPON WHICH SUCH REVIEW PROCESS OR LITIGATION IS

CONCLUDED.

 (Section 39(c)

 of the Act)

Section 813.109

 Transfer of Permits

No permit

 is transferable from one person to another except as

approved by the Agency.

 Approval shall be granted only

if a new

operator seeking transfer of a permit can demonstrate

the ability

to comply with all applicable financial requirements of Section

21.1 of the Act and 35 Ill. Adm.

 Code 81l.Subpart G.

Section 813.110

 Adjusted Standards to Engage in Experimental

Practices

a)

 Experimental practices are design, construction, and

operation methods and techniques which are not

expressly authorized by,

 and whose employment cannot be

demonstrated by the applicant to be in compliance with,

35 Ill.

 Adm.

 Code 811,

 812,

 and 814.

 Experimental

112—288

157

practices may be implemented only at permitted

landfills.

b)

 Pursuant to Section 28.1 of the Act and 35

 Ill.

 Adm.

Code 106.Subpart

G,

 any person may,

 at any time,

petition the Board for an adjusted standard to any

standard in 35

 Ill.

 Acim.

 Code

 811,

 812,

 or 814

 in order

to engage

 in an experimental practice at a permitted

landfill

 in accordance with the requirements

 of this

Section.

c)

 The petition for adjusted standard shallcontain the

following information in addition to that required by

35

 Ill.

 Adm.

 Code l06.Subpart G.

 However,

 if the

applicant believes that any of the information required

by this Section

inapplicable,

the

applicant

may

state provided that the petition contains an

explanation of the inapplicability.

1)

 A narrative description of the experiment,

describing the necessity of this experiment and an

assessment of the expected outcome of this

experiment;

2)

 A list of all standards

 in 35

 Ill. Adm.

 Code 811

that must be adjusted in order to conduct the

experiment and a reason why each standard must be

adjusted;

3)

 A description of the monitoring program

 (see 35

Ill.

 Adrn.

 Code

 811)

 to be implemented during the

experiment;

4)

 Criteria for evaluating the experimental practice.

The criteria shall be specific enough to allow the

Agency to evaluate the performance of the

experimental practice from the monitoring results

 pursuant to subsection

 (f) (1);

description

the

methods

implemented

and

the total costs to restore the facility to

compliance

with

all

standards

Ill.

Adm.

Code

811,

 812,

 or 814

the

experiment

determined

to be a failure.

 The methods must be feasible

with existing methods

 in use:

and

6)

 The time period requested in which to conduct the

experiment and documentation to show that this

is

the shortest practical time period in which

success or failure can be determined.

112—28q

158

ci)

 The Board will review all requests to conduct

experimental practices in accordance with Section 28.1

of the Act,

35

 Ill.

 Adm. Code 106.Subpart G and any

Agency recommendation regarding the experimental

practice

under

the

following

assumptions:

1)

 There is no way in which to conduct the experiment

in compliance with all requirements of

 35 Ill.

Acm. Code 811, 812 or 814;

2)

 The experiment will be

conducted in as short a

time

possible;

3)

 A monitoring plan to evaluate the experiment will

be implemented; and

4)

 The site of the experiment will be restored to

meet all requirements of

 35 Ill.

 Adm. Code 811,

812 or 814

should the experiment

 fail.

e)

 Implementation of the Experimental Practice

Upon approval of the experimental practice pursuant to

subsection

(d)

 by the Board,

 the operator shall file an

application for significant modification of the permit

with the Agency pursuant to Section 813.Subpart B.

The

application shall contain the following infOrmation:

1)

 Detailed designs of all items to

constructed

for use during the experiment;

2)

 The monitoring plan to be implemented during the

experiment;

3)

 A plan for decommissioning and closing the

experiment;

4)

 A time schedule for constructing the necessary

items and closing, removing and stabilizing the

area upon completion of the experiment;

5)

 An emergency cleanup plan describing the methods

to be used to restore the facility to compliance

with all standards

 in 35

 Ill.

 Adrn.

 Code 811

 if the

experiment is unsuccessful;

6)

 Cost estimates and financial assurance

 (see 35

Ill. Adm.

 Code 81l.Subpart G)

 in an amount equal

to the costs necessary to restore the facility to

compliance with 35

 Ill. Adm. Code:

 Chapter

I.

f)

 Evaluation of Experimental Practice

112—290

159

1)

 After completion of the experiment all monitoring

data shall be submitted to the Agency for

evaluation of the experimental practice

in

accordance with the criteria provided in

subsection

 (c) (4)

 The Agency shall determine if

the experimental practice is acceptable for

implementation pursuant to Section 39

 of the Act,

and the following additional criteria:

A)

 An experimental practice shall be considered

acceptable for implementation

 if the moni-

toring results meet

 or exceed the criteria in

subsection

 (c) (4)

 above

 for evaluating the

experimental practice;

and

B)

 If the experiment does not cause or

contribute to a violation of the Act or

35

Ill.

Adm.

Code:

Chapter

2)

 Upon completion

 of the experiment and an Agency

determination that the experimental practice

is

acceptable for implementation,

 the Agency shall

return the financial assurance instrument to the

operator and,

 shall approve permit modifications

allowing the operation of the experimental

practice.

 If the experimental practice

is

determined to be unacceptable

 for implementation,

then the Agency shall return the financial

assurance instrument when the facility has been

restored to comply with 35 Ill. Adm.

 Code:

Chapter

I.

Section 813.111

 Agency Review of

 Contaminant Transport Models

a)

 At the request of any person,

 consistent with any

resource limitations,

 the Agency may review a

groundwater contaminant transport

 (GCT)

 model

for

acceptance.

 The person shall demonstrate that the

model meets the minimum requirements of

35

 Ill.

 Adrn.

Code 811.317(c)(1),(2)

and

 (3).

b)

 The Agency may designate GCT models as acceptable for

use by the applicant for a groundwater impact

assessment.

 Such Agency designations shall be

accompanied by limitations or conditions under which

the model

 can or cannot be used. The applicant shall be

relieved from demonstrating compliance with

 35 Ill.

Adm.

 Code 811.317

 (c) (1), (2)

and

(3)

in

 a permit

application

if

 a model accepted by the Agency has been

used.

112—291

160

c)

 An applicant using a model accepted by the Agency shall

submit documentation in a permit application showing

that the model used in the groundwater impact

assessment was the same model previously reviewed and

accepted by the Agency and shall demonstrate that the

model is acceptable for use in the site specific

hydrogeology of the proposed facility.

d)

 The requirements of this Section shall

 in no way

require an applicant to utilize a model accepted by the

Agency.

 If a model

 is utilized that has not been

reviewed and accepted by the Agency then the applicant

shall include in the permit application all of the

documentation necessary to demonstrate compliance with

35111.

 Adm.

 Code 811.317(c)(1),(2), and

 (3).

SUBPART B:

 ADDITIONAL PROCEDURES FOR MODIFICATION AND

SIGNIFICANT

MODIFICATION

PERMITS

Section 813.201

 Initiation of a Modification or Significant

Modification

a)

 Operator Initiated Modification

A modification or significant modification to an

approved permit shall be initiated at the request of an

operator at any time after the permit

 is approved.

The

 operator initiates

 a modification or significant

modification by application to the Agency.

b)

 Agency Initiated Modification

1)

 The Agency may modify a permit under the following

conditions:

A)

 Discovery of

 a typographical or calculation

error;

B)

 Discovery that a determination or condition

was based upon false or misleading

information;

C)

 An order of the Board; or

D)

 Promulgation of new statutes or regulations

affecting the permit.

2)

 Modifications initiated by the Agency shall not

become effective until after 45 days of receipt by

the operator, unless stayed during the pendency of

appeal

the

Board.

All

other

time

periods

112—292

161

and procedures

 in 813.203

 shall apply.

The

operator may request the Agency to reconsider the

modification,

 or may file a petition with the

Board pursuant to Section 813.106.

 All other time

periods and procedures

 in 813.203

 shall apply.

Section 813.202

 Information Required for a Significant

Modification of an Approved Permit

The applicant shall submit all information required by 35

 Ill.

Adm.

 Code 812 that will be changed from that

 in the original or

most recent approved permit.

Section 813.203

 Specific Information Required for a

Significant Modification to Obtain Operating

Authorization

Prior to placing into service any structure constructed at a

landfill,

 pursuant to a construction quality assurance program in

accordance with

 35 Ill.

 Adm.

 Code 8l1.Subpart E., the applicant

shall submit an acceptance report prepared

 in accordance with the

requirements

of

 35 Ill.

Adm.

Code

811.505(d)

 in order to obtain

an operating authorization issued by the Agency.

 The Agency

shall issue operating authorizations

 as a permit condition

pursuant to Section 39 of the Act and this Part.

Section 813.204

 Procedures for a Significant Modification of

an Approved Permit

Applications

 for significant modifications shall

 be subject to

all requirements and time schedules

 in Supart A.

SUBPART C:

 ADDITIONAL PROCEDURES FOR THE

RENEWAL

PERMITS

Section 813.301

 Time of Filing

An application for renewal of

 a permit shall

 be filed with the

Agency at least 90 or 180 days, depending upon which Agency final

action deadline applies pursuant to Section 39(a)

 of the Act,

 prior to the expiration date of the existing permit.

Section 813.302

 Effect of Timely Filing

WHEN A PERNITTEE HAS MADE TIMELY AND SUFFICIENT APPLICATION FOR

THE RENEWAL OF A PERMIT, THE EXISTING PERMIT ‘SHALL CONTINUE IN

FULL FORCE AND EFFECT UNTIL THE FINAL AGENCY DECISION ON THE

APPLICATION HAS BEEN MADE AND ANY FINAL BOARD DECISION ON ANY

APPEAL

PURSUANT

SECTION

HAS

BEEN

MADE

UNLESS

LATER

DATE

IS FIXED BY ORDER OF A REVIEWING COURT.

 (Section 16(b)

 of the

Illinois Administrative Procedure Act

 (Ill.

 Rev.

 Stat.

 1989,

ch.

127,

 par.

 1016(b))

162

Section 813.303

 Information

Required

 for a Permit Renewal

a)

 The operator shall submit only that information

required by 35

 Ill. Acm.

Code

 812 that has changed

since the last permit review by the Agency.

b)

 The operator shall update the groundwater impact

assessment in accordance with Section 813.304;

and

c)

 The operator shall provide a new cost estimate for

closure and postclosure care pursuant to 35

 Ill. Adm.

Code 81l.Subpart F based upon the operations expected

to occur in the next permit term.

Section 813.304

 Updated Groundwater

Impact Assessment

a)

 The applicant shall condubt a new groundwater impact

assessment

 in accordance with 35

 Ill.

 Adm.

 Code 811.317

if

any of the following changes

 in the facility or its

operation will result

 in an increase

 in the probability

of exceeding a groundwater standard beyond the zone of

attenuation:

1)

 New or changed operating conditions;

2)

 Changes in the design and operation of the liner

and leachate collection system;

3)

 Changes due to more accurate geological data;

4)

 Changes due to modified groundwater conditions due

to offsite activity;

5)

 Changes due to leachate characteristics.

b)

 If the operator

certifies

that the conditions appli-

cable to the original assessment have not changed in

such a

way as to result in violation of groundwater

standards

pursuant

Ill.

Adm.

Code

811.320,

outside the zone of attenuation and no monitoring well

shows concentrations

 of constituents in groundwater

greater

than

such

groundwater

standards,

then

new

groundwater impact assessment need not be performed.

Section

813.305

Procedures

for

Permit

Renewal

Applications

 for permit renewal

 shall be subject to all

requirements

and

time

schedules

Subpart

112—294

163

SUBPART D:

 ADDITIONAL PROCEDURES

 FOP.

INITIATION AND TERMINATION

OF

TEMPORARY

AND

PERMANENT

CLOSURE

AND

POSTCLOSUP.E

CARE

Section

813.401

Agency

Notification

Requirements

a)

 The operator shall send to the Agency

 a notice of

closure within 30 days after the date the final volume

of waste is received.

b)

 The operator shall notify the Agency within 30 days

after any temporary suspension

 of waste acceptance.

The operator must comply with the requirements of any

temporary suspension plan.

c)

 Until closure has been completed, the operator shall

maintain a copy of the closure plan at the site or at

a

definite location, specified

 in the permit,

 so as to be

available during inspection

 of the site.

Section 813.402

 Certification of Closure

a)

 When closure of

 a unit

 is completed,

 the operator shall

submit to the Agency:

1)

 Documentation concerning closure of the closed

unit including plans or diagrams of the unit as

closed and date closure was completed.

2)

 An affidavit by the operator and the seal

of

a

professional engineer that the unit has been

closed

 in accordance with the closure plan and all

requirements

of

35

 Ill.

 Acm.

 Code 811.

b)

 When the Agency determines, pursuant to the information

received pursuant to subsection

(a)

 and any Agency site

inspection,

 that the unit has been closed in accordance

with the specifications

 of the closure plan,

 and the

closure requirements of this Part,

 the Agency shall:

1)

 Issue

 a certificate

 of closure; and

2)

 Specify the date the postclosure care period

begins,

 based on the date that closure was

completed.

Section 813.403

 Termination of the Permit

a)

 At the

 end. of the postclosure care period the operator

and a professional engineer shall certify that

postclosure care is no longer necessary.

The

certification shall include the affidavit of the

1 2—2~l5

164

operator,

the

seal

professional

engineer

and

documentation demonstrating that,

 due to compliance

with the requirements

 of 35

 Ill. Adm.

 Code 811,

 812 and

814:

1)

 Leachate removal

 is no longer necessary;

2)

 Landfill gas collection

 is no longer necessary;

3)

 Gas monitoring

 is no longer necessary;

4)

 Groundwater monitoring

 is no longer necessary;

5)

 The surface has stabilized sufficiently with

respect to settling and erosion so that further

stabilization measures, pursuant to the

postclosure care plan,

 are no longer necessary;

6)

 The facility does not constitute a threat of

pollution to surface water; and

7)

 The operator has completed all requirements of the

postclosure plan.

b)

 Within 90 days after receiving the certification

required by subsection

 (a),

 the Agency shall notify the

operator in writing that it is no longer required to

maintain financial assurance for postclosure care of

the site,

 unless the Agency determines, pursuant to the

information received pursuant to subsection

 (a) and any

Agency site inspection, that continued postclosure care

is required pursuant to the postclosure care plan and

this Part.

c)

 If the operator is not required to give financial

 assurance,

 then within

 90 days after receiving the

certification required by subsection

 (a), the Agency

shall notify the operator in writing that the permit is

terminated, unless the Agency determines, pursuant to

the information received pursuant to subsection

(a)

and

any

Agency

site

inspection,

that

continued

postclosure

care

required

pursuant

the

postclosure

care

plan

and

this

Part.

ci)

 The operator may deem the Agency action pursuant to

this Section as a denial or grant of permit with

conditions for purposes

 of appeal pursuant to Section

40(d)

 of the Act and Subpart A.

112—296

165

SUBPART

E:

 REPORTS TO BE FILED WITH THE AGENCY

Section 813.501

 Annual Reports

a)

 All permitted landfills shall submit annual reports

to

the Agency during operation and for the entire

postclosure monitoring period.

 Such annual reports

shall be filled each year by the first day of the month

chosen and specified by the Agency in the permit.

b)

 Agency Review of the Report

1)

 The Agency shall conduct a review of the annual

report to determine compliance with the

requirements

of

subsection

 (c) and either accept

the contents as complete or request additional

information within 45 days

 of receipt of the

report.

2)

 If the Agency fails to respond within the required

time period then the report shall

 be considered

acceptable.

3)

 The operator shall return the additional informa-

tion to the Agency within 45 days of receipt of

the request for additional information.

4)

 The operator may deem any Agency request for

information pursuant to this Section as

 a permit

denial for purposes of appeal pursuant to Section

40

 of the Act.

 All annual reports shall contain the following

information:

1)

 A waste volume summary which includes:

A)

 Total volume

 of solid waste accepted at the

facility

 in cubic meter

 (cubic yards)

as

measured at the gate;

B)

 Remaining solid waste capacity in each unit

in cubic meter

 (cubic yard)

 as measured at

the

gate;

and

C)

 A copy of all identification reports required

under

Ill.

Adm.

Code

811.404

2)

 Monitoring data from the leachate collection

system,

groundwater

monitoring

network,

gas

monitoring

system,

and

any

other

monitoring

data

l2—2~)7

166

which was specified in the operator’s permit,

including:

A)

 Graphical results of monitoring efforts;

B)

 Statistical summaries and analysis of trends;

C)

 Changes to the monitoring program; and

D)

 Discussion of error analysis, detection

limits, and observed trends.

3)

 Proposed activities for the year

A)

 Amount of Waste expected in the next year;

B)

 Structures to be built within the next year;

and

C)

 New monitoring stations to be installed

within the next year.

 Any modification or significant modification

affecting the operation of

 a facility shall be

included.

5)

 Signature of the person in responsible charge of

preparing the report.

Section 813.502

 Quarterly Groundwater Reports

All groundwater monitoring data shall be submitted to the Agency

on a quarterly basis,

 in a form prescribed by the Agency,

 and in

accordance

with

schedule

approved

the

permit.

Section 813.503

 Information to be Retained at or near the

 Waste Disposal Facility

Information developed by the operator but not yet forwarded to

the Agency in a quarterly or annual report shall be kept at or

near the facility for inspection by the Agency upon request

during normal working hours.

 If there is no active office for

maintenance

records

the

facility

during

the

postclosure

care period,

 then an alternate active operation site in the

state,

owned

operated

the

same

facility

operator,

may

specified.

The

Agency

must

notified

the

address

and

telephone number of the operator at the alternative facility

where the information will be retained.

112—298

167

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 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

Timely

Filing

Notification

and

Application

for

Significant

Modification

814.106

 Agency Action on Applications for Significant

Modifications to Existing Permits

SUBPART

B:

 STANDARDS FOR UNITS ACCEPTING INERT WASTE

Section

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 Applicability

814.302

 Applicable Standards

SUBPART

D:

STANDARDS

FOR

EXISTING

UNITS

 ACCEPTING CHEMICAL AND

PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS

Section

814.401

 Scope and Applicability

814.402

 Applicable Standards

SUBPART

E:

 STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE

ONLY,

 OR ACCEPTING CHEMICAL AND PUTRESCIBLE WASTES THAT MUST

INITIATE CLOSURE WITHIN TWO YEARS

Section

814.501

 Scope and Applicability

814.502

 Standards for Operation and Closure

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

22,

 22.17 and

28.1,

 and authorized by Section

27

 of the Enyironmental

Protection Act

 (Ill.

 Rev.

 Stat.

 1989,

oh.

111

 1/2,

 pars.

 1005,

1021,

 1021.1,

 1022,

 1022.17,

 1028.1 and 1027).

SOURCE:

 Adopted

 in R88-7

at

14

 Ill.

 Reg.

 effective

NOTE:

 Capitalization indicates statutory

 language.

l2—2~”l

168

SUBPART

GENERAL

REQUIREMENTS

Section 814.101

 Scope and Applicability

a)

 This Part establishes the standards applicable to all

existing landfill facilities which includes facilities

that

are

not

considered

new

defined

Ill.

Adm.

 Code 810.103.

 This Part establishes requirements

for

both

new

and

existing

disposal

units

within

such

existing

landfill

facilities.

Landfill

operators

are

required to determine the date on which their faclities

must

begin

closure,

which

dependent

upon

the

ability

existing

units

 meet the design and performance

standards contained

 in this Part.

b)

 The requirements of Sections 814.104, 814.105 and

814.106

 of this Subpart apply only to those landfill

facilities identified

 as existing facilities in

subsection

 (a) and which require an Agency issued

permit.

c)

 All general provisions of 35

 Ill.

 Adm.

 Code 810 apply

this

Part.

Section 814.102

 Compliance Date

Unless otherwise expressly provided in Section 814.105,

all

landfills with existing units shall comply with the requirements

of this Part within six months of the effective date of this

Part.

Section 814.103

 Notification to Agency

No later than six months after the effective date of this Part,

all operators shall send notification to the Agency describing

the facility,

 estimated date of closure of existing units, and

whether

the

facility

subject

the

requirements

Subpart

Section 814.104

 Applications

 for Significant Modification of

Permits

a)

 All operators

 of landfills

permitted

pursuant

Section 21(d)

 of the Environmental Protection Act

 (Act)

(Ill.

 Rev. Stat.

 1989,

ch.

111

 1/2, par 1021(d))

 shall

file

 an application for a significant modification to

their permits for existing units, unless the units will

closed

pursuant

 Subpart E within two years of the

effective

date

this

Part.

112—301)

169

b)

 The operator of an existing unit shall submit

information required by 35

 Ill. Adm.

 Code 812 to

demonstrate compliance with Subpart

B,

 Subpart C or

Subpart D, whichever is applicable.

c)

 The application

 shall

 be filed within 48 months of the

effective date of this Part,

 or at such earlier time

as

the Agency shall specify in writing pursuant to 35

 Ill.

Adm.Code 807.209

 or 813.201(b).

d)

 The application shall be made pursuant to the

procedures

 of 35

 Ill. Adm.

 Code 813.

Section 814.105

 Effect of Timely Filing of Notification and

Application for Significant Modification

a)

 Permits issued pursuant to 35

 Ill. Adm.

 Code 807 prior

to the effective date of this Part remain

 in full force

and effect until superseded by a permit issued pursuant

to this Part or until revoked as

 a result of an

enforcement action brought pursuant to Title VIII

of

the Act.

b)

 An operator who has timely filed a notification

pursuant to Section 814.103 and an application for

significant permit modification pursuant to Section

814.104 shall continue operation under the terms of its

existing permits until final determination by the

Agency on its application and any subsequent appeal to

the Board pursuant to Section 40

 of the Act.

 During

this time,

 the operator will be deemed to be in

compliance with all requirements

 of this Part.

Section 814.106

 Agency Action on Applications for Significant

Modifications to Existing Permits

The Agency shall review applications for significant

modifications to existing permits

 in accordance with the

requirements and procedures of

35

 Ill.

 Adm.

 Code 813.

SUBPART

B:

 STANDARDS FOR UNITS ACCEPTING INERT WASTE

Section 814.201

 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 only

inert waste.

 Based on an evaluation of the information

submitted pursuant to Subpart A and any Agency site

inspection,

 units that meet the requirements

 of this

112-

170

Subpart may remain open for an indefinite period of

time after the effective date of this Part.

b)

 Based on an evaluation of the information submitted

pursuant

Subpart

and

any

Agency

site

inspection,

units

which

are

unable

comply

with

the

requirements

this

Subpart

are

subject

the

requirements

Subpart D.

Section 814.202

 Applicable Standards

Units which accept only inert waste shall be subject to all of

the requirements of 35

 Ill. Adm. Code 8ll.Subparts A and B.

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 Applicability

The

standards

this

Subpart

are

applicable

all

existing

units

landfills,

including

those

exempt

from permit requirements

 in accordance with Section 21

(ci)

the

Act,

that

have

accepted

 chemical

and putrescible wastes.

 Based on an evaluation of the

information submitted pursuant to Subpart A and any

Agency site inspection,

 units that meet the

requirements

this

Subpart

may

remain

open

for

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

this

Subpart

are

subject

the

requirements

Subpart D or Subpart E.

Section 814.302

 Applicable Standards

a)

All

 of the requirements for new units described in

Ill. Adm.

 Code 811 shall apply to units regulated under

this

Subpart

except

the

following:

The

location

standards

Ill.

Adm.

Code

811.302(a),

(ci),

and

(e);

2)

 The foundation and mass stability analysis

standards in

 35 Ill.

 Adin. Code 811.304 and

811. 305;

3)

 The final cover requirements of

 35 Iii. Adm Code

811.314 shall not apply to units or parts of units

112—302

171

closed, covered and vegetated prior to the

effective date of this Part.

4)

 The liner and leachate drainage and collection

requirements of

 35 Ill.

 Adm.

 Code 811.306,

811.307, and 811.308; and

5)

 The hydrogeological site investigation require-

ments of

35

 Ill. Adm.

 Code 811.315,

 except that

information shall be collected to implement a

groundwater monitoring program in accordance with

35

 Ill.

 Adm.

 Code 811.318 and 811.319 and

establish background concentrations for the

purpose of establishing water quality standards

pursuant to

 35 Ill. Adm.

 Code 811.320; and

b)

 Units regulated under this Subpart shall be subject to

the following standards:

1)

 The unit must be equipped with a system which will

 effectively drain and collect leachate and

transport it to a leachate management system.

The

collection system need not be designed in

compliance with the requirements of

 35 Ill. Adm

Code 811.307 and 811.308.

2)

 The completed unit shall achieve a long—term

static safety factor against slope failure of

 1.5;

Calculation

 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 the

operating life of the landfill plus fifteen

years of postclosure care;

B)

 The postclosure care period shall be extended

by three years for each year the unit

is

expected

operation

up

to the

applicable design period required by

35

Ill.

Adm.

 Code 811

 (For example,

 an existing unit

with expected operating lives of three,

 seven

or

 12 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)

;

 21 years since

3

x

7

 21 years;

II 2—~1flI3

172

years

since

 39 years

is

greater

than

the

years

specified

Section 811.303(a),

 respectively); and

C)

 The design period may not be reduced as

allowed by 35

 Ill. Adm.

 Code 811.303(b)

and

(c).

SUBPART D:

 STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AND

PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS

Section

814.401

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 chemical

and putrescible 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

E.

Section 814.402

 Applicable Standards

a)

All

 of the requirements for new units described in

35

Ill. Adm.

 Code 811 shall apply to units regulated under

this Subpart except the following:

1)

 The location standards

in

 35 Ill. Adm.

 Code

811.302 (a)

(c)

(d)

and

 (e) ;

2)

 The foundation and mass stability analysis

standards

 in 35 Ill.

 Adm.

 Code 811.304

and

811. 305;

3)

 The liner and leachate drainage and collection

requirements

of

 35 Ill.

 Adm.

 Code 811.306,

811.307, and 811.308;

4)

 The final cover requirements of 35

 Ill. Adm Code

811.314 shall not apply to units or parts of units

closed,

 covered and vegetated prior to the

effective date of this Part;

112—304

173

5)

 The hydrogeological site investigation require-

ments of 35 Ill.

 Adm. Code 811.315;

6)

 The groundwater impact assessment standards

 of 35

Ill. Adm.

 Code 811.317;

7)

 The groundwater monitoring program requirements of

35 Ill.

 Adm.

 Code 811.318(d); and

8)

 The groundwater quality standards of

35

 Ill. Adm.

Code 811.320(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 not apply for supplemental wastestream permits

to accept new special wastes.

 However,

 the unit

may 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)

 A unit shall not contaminate

 a source of

drinking water at the compliance boundary,

defined as any point on the edge of the unit

at or below the ground surface.

 At any point

on the compliance boundary,

 the concentration

of constituents shall not exceed the water

quality standards specified

 in 35

 Ill. Adm.

Code 302.301, 302.303, 302.304,

 and 302.305.

The Board may 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 l06.Subpart G upon petition

demonstration by the operator that the

alternative compliance boundary will not

result in contamination of groundwater which

may be needed or used for human consumption.

In reviewing such petitions,

 the Board will

consider the following factors:

112— ~3

fl ~

174

i)

 The hydrogeological characteristics of

the unit and surrounding

 land,

 including

any natural attenuation and dilution

characteristics

 of the aquifer;

ii)

 The volume and physical and chemical

characteristics

 of the leachate;

iii)

 The quantity,

 quality, and direction of

flow of groundwater underlying the

facility;

iv)

 The proximity and withdrawal rates of

groundwater users;

v)

 The availability of

 alternative drinking

water supplies;

vi)

 The existing quality of the groundwater,

including other sources of contamination

and their cumulative impacts on the

groundwater;

vii)

 Public health,

 safety,

 and welfare

effects; and

viii) 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

expected to be in operation up to the

applicable design period required by 35

 Ill.

Adm.

 Code 811.

 (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.)

112—306

175

C)

 The design period may not be reduced as

allowed by 35

 Ill.

 Adm.

 Code 811.303.

SUBPART E:

 STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE

ONLY,

ACCEPTING

CHEMICAL

AND

PUTRESCIBLE

WASTES

THAT

MUST

INITIATE CLOSURE

WITHIN TWO

YEARS

Section 814.501

 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 inert waste only,

or

which accept chemical and putrescible wastes.

b)

 All units that cannot demonstrate compliance with the

requirements

 of Subpart B or Subpart C 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.

c)

 A new permit shall not be required for any facility at

which all units will close within

two

years

 of the

effective date

 of this Part.

Section

814.502

Standards

for

Operation

and

Closure

a)

 All units regulated in this Subpart are subject to all

requirements

 in 35 Ill.

 Adm.

 Code 807.

b)

 All units regulated under this Subpart are subject to

all conditions of the existing permit.

11

2—~1)7

176

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

 CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

1:

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 815

PROCEDURAL

REQUIREMENTS

FOR ALL LANDFILLS EXEMPT FROM PERMITS

SUBPART A:

 GENERAL REQUIREMENTS

Section

815.101

Scope

and

Applicability

815.102

 Required Signatures

SUBPART

B:

 INITIAL FACILITY REPORT

Section

815.201

 Scope and Applicability

815.202

 Filing Deadline

815.203

 Information to be Filed

815.204

 Required Signatures

SUBPART

C:

 ANNUAL REPORTS

Section

815.301

 Scope and Applicability

815.302

 Reporting Period

815.303

 Information to be Submitted

SUBPART D:

 QUARTERLY GROUNDWATER REPORTS

Section

815.401

 Scope and Applicability

815.402

 Filing Schedule

SUBPART E:

 INFORMATION TO BE RETAINED ONSITE

Section

815.501

 Scope and Applicability

815.502

 Acceptance Reports

815.503

 Other Information

AUTHORITY:

Implementing

Sections

21,

21.1,

22,

22.17,

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

 R88—7

Ill.

Reg.

effective

SUBPART A:

 GENERAL REQUIREMENTS

Section

815.101

Scope

and

Applicability

a)

 The requirements of this Part are applicable to all

landfills

exempt

from

permits

pursuant

Section

21(d)

112—308

177

of the Environmental Protection Act

 (Act)

 (Ill.

 Rev.

Stat.

 1989,

oh.

111

 1/2,

 par.

 1021(d)).

 All reports

and information required under this Part shall be filed

with the Agency or retained on site

 in accordance with

the requirements set forth in each Subpart.

b)

 All general provisions

 in 35

 Ill.

 Adm.

 Code 810 apply

to this Part.

Section 815.102

 Required Signatures

All reports shall be signed by a duly authorized agent.

The

following persons are considered duly authorized agents:

a)

 For Corporations,

 a principal executive officer of at

least the level

 of vice president;

b)

 For a sole proprietorship or partnership,

 a proprietor

or general partner, respectively;

c)

 For a municipality,

 state,

 federal or other public

agency, by the head of the agency or ranking elected

official.

SUBPART B:

 INITIAL FACILITY REPORT

Section 815.201

 Scope and Applicability

All landfills regulated under this Part shall

 file an initial

facility report with the Agency as specified

 in this Subpart to

provide information concerning location and disposal practices of

the facility.

Section 815.202

 Filing Deadline

a)

 Existing Facilities

The initial

 facility report shall be filed with the

Agency within two years of the effective date of this

Part.

b)

 New Facilities

The initial facility report shall

 be filed with the

Agency before any waste is accepted.

112—31~

178

Section 815.203

 Information

to be Filed

a)

 New Units

All

the

information

required

Ill.

Acm.

Code

812

except

Ill.

Adm.

Code

812.101,

812.103,

812.104,

812.105,

and

812.116

shall

filed

with

the

Agency.

b)

 Existing Units

All of the information required by 35 Ill. Adm.

 Code

812,

except

Ill.

 Admn.

 Code 812.101, 812.103,

812.104,

812.105,

and

812.116,

that

applicable

existing unit,

 as described in

 35 Ill.

 Adm. Code 814,

shall be filed with the Agency.

Section

815.204

Required

Signatures

a)

 All initial facility reports shall contain the name,

address,

 and telephone number of

 a duly authorized

agent

whom

all

inquiries

 and correspondence shall be

addressed.

b)

 All initial facility reports shall be signed by a duly

authorized agent and shall be accompanied by evidence

of authority to sign the report and shall be notar-

ized.

SUBPART

C:

 ANNUAL REPORTS

Section 815.301

 Scope and Applicability

All

landfills

regulated

under

this

Part

shall

file

annual

report

with

the

Agency.

The

first

annual

report

shall

filed

the

first

January

that

follows

the

year

which

the

initial facility report

 is filed, unless the Agency specifies

in

writing ~n alternative filing date no later than one year after

the initial facility report has been filed.

Section 815.302

 Reporting Period

Annual

reports

shall

filed

during

operation

the

facility

and

for

the

entire

postclosure

monitoring

period.

Section

815.303

Information

Submitted

All annual reports shall contain the following information:

a)

 A waste volume summary which includes:

112--3m

179

1)

 Total amount of solid waste accepted at the

facility;

2)

 Remaining capacity in each unit; and

3)

 A copy of all identification reports required

under

 35 Ill.

 Adm.

 Code 811.404.

b)

 All raw monitoring data collected at the facility from

the leachate collection system,

 groundwater monitoring

network, and gas monitoring system,

and

 in addition

shall include:

1)

 Graphical results of monitoring efforts;

2)

 Statistical summaries and analysis of trends;

3)

 Changes to the monitoring program;

and

4)

 Discussion of error analysis,

 detection limits,

observed trends.

c)

 Proposed activities for the year

1)

 Amount of waste expected

 in the next year;

2)

 Structures to be built within the next year; and

3)

New

monitoring stations to be installed within the

next year.

ci)

 A summary of all modifications including significant

modifications made to the operations during the course

of the year.

e)

 Signature

 of the person in responsible charge of

preparing the report.

SUBPART

D:

 QUARTERLY GROUNDWATER REPORTS

Section 815.401

 Scope and Applicability

All landfills regulated under this Part shall file all

groundwater monitoring data with the Agency

 in accordance with

the filing schedule of this Subpart, and file modifications,

since

the

last

quaterly

report,

any

list

background

concentrations prepared in accordance with

35

 Ill. Adm.

 Code

811.320(d) (1).

112—311

180

Section

815.402

Filing

Schedule

The reports shall be submitted to the Agency on a quarterly

basis,

 in accordance with the following schedule:

a)

May

 15 for activities

 in January, February and March;

August

for

 activities during April, May and June;

c)

 November 15 for activities during July,

 August and

September;

and

d)

 February 15 for activities during October, November and

December.

SUBPART

E:

 INFORMATION TO BE RETAINED ONSITE

Section 815.501

 Scope and Applicability

All facilities exempt from permits pursuant to Section 21(d)

of

the Act shall retain,

 for Agency inspection,

 the information

required to be collected by the operator pursuant to this

Subpart,

 at the facility for the entire postclosure care period.

If there

 is no active office for maintenance of records at the

facility during the postclosure care period, then an alternate

active operation site

 in the state, owned or operated by the same

facility operator, may be specified.

 The Agency must be notified

of the address and telephone number of the operator at the

alternative facility where the information will be retained.

Section 815.502

 Acceptance Reports

At the end of each major phase of construction and prior to

placing a structure into use,

 the construction quality assurance

officer shall prepare an acceptance report

 in accordance with the

requirements of

 35 Ill. Adm.

 Code 811.505(d).

 All acceptance

reports shall be retained at the site

 in accordance with this

Subpart.

Section 815.503

 Other Information

Information developed by the operator but not yet filed with the

Agency

in

 a quarterly or annual report shall be kept at or

near

the facility for inspection by the Agency upon request during

normal working hours.

112—312