Untitled
Untitled

ILLINOIS POLLUTION CONTROL BOARD

August

17,

1990

IN THE MATTER OF:

)

R88—7

DEVELOPMENT,

 OPERATING,

AND

)

 (Rulemaking)

REPORTING REQUIRENENTS FOR

OF THE BOARD

 (by 3. Anderson):

The Board hereby adopts the following rules pursuant to

Section

5,

21,

 21.1,

 22, 22.17,

 and 27 of the Environmental

Protection Act,

 Ill.

 Rev.

 Stat.

 1989,

ch.

 111½,

 pars.

 1005,

 1021,

1021.1,

 1022, 1022.17, and 1027.

 A discussion of the adopted

rules and the entire history of this proceeding appears in a

separate Opinion of this same date.

The Board hereby directs the Clerk of the Board to cause

a

copy of the adopted rules, together with all necessary supporting

documents,

 to be filed with the Secretary of State and published

in the Illinois Register.

 Durnelle and B.

 Forcade concurred.

IT IS SO ORDERED.

I, Dorothy N. Gunn,

 Clerk of the Illinois Pollution Control

Board,

 do hereby certify that the above Order was adopted on the

/7~

 day of

_________________,

 1990,

 by a vote of

~

~7.

~

Dorothy

G~,

Clerk

Illinois Pollution Control Board

11/4

2

TITLE 35:

 ENVIROffMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 807

Authority,

 Policy and Purposes

Repeals

Severability

Definitions

Relation to Other Rules

SUBPART

B:

 SOLID WASTE PERNITS

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 and Maintenance Criteria

Revised Cost Estimates

SUBPART C:

 SANITARY LANDFILLS

Prohibition

Compliance with Permit

Methods of Operation

Equipment,

 Personnel and Supervision

Special Wastes

Open Burning

Air Pollution

Water Pollution

Standard Requirements

Protection of Waters of the State

Application

Operating Records

11/~-52S

807.318

 Completion or Closure Requirements

Section

807.640

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

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

Letter of Credit

Closure Insurance

Self—insurance

 for Non—commercial Sites

Illustration A Trust Agreement

Illustration

 Certificate of Acknowledgment

Illustration

 E Irrevocable Standby

Letter

Credit

Illustration

 F Certificate of Insurance for Closure and/or

Illustration G

SOURCE:

 Adopted as an emergency rule and filed with the

Secretary of State July 27,

 1973; amended at 2

 Ill.

 Reg.

16,

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;

 effective

SUBPART A:

 GENERAL PROVISIONS

a~

 Persons and facilities regulated pursuant to

 35 Ill.

Adm.

 Code 700 through 749 are not subject to the

one or more units used solely for the disposal of solid

wastes,

 as defined in 35 Ill.

 Adm.

 Code 810.103,

 such

units are subject to requirements of this Part and

35

Ill.

 Adrn.

~j

 Persons and facilities

 subject to 35 Ill. Adm. Code

 35 Ill.

 Adm.

 Code:

 Chapter

 I based

on the language of those other Parts.

 Specific

Ill.

 Adm.

 Code 810 through 815 are not subject to the

requirements of this Part.

 This Part does not apply to

 effective

l14--53~)

TITLE 35:

 ENVIRONNENTAL PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL

BOARD

SUBCHAPTER

i:

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART

810

SOLID WASTE DISPOSAL:

 GENERAL PROVISIONS

Section

810.101

 Scope and Applicability

 810. 102

 Severability

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

R88—7

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.

 Adm. 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.

 Adm.

 Code 811 through

is adjudged invalid, such adjudication shall not affect the

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.

111

 1/2,

 pars.

 1001 et.

 seq.

“AGENCY”

 IS THE ENVIRONMENTAL PROTECTION AGENCY

ESTABLISHED BY THE ENVIRONMENTAL PROTECTION ACT.

11!~--531

“Admixtures” are chemicals added to earth materials to

improve

 for a specific application the physical or

chemical properties of the earth materials.

 Admixtures

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,

alluvium 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 berms.

“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.

 Adrn.

 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

114—532

7

WASTE MAY ENTER THE ENVIRONMENT BY BEING EMITTED INTO

THE AIR OR DISCHARGED INTO

 A.NY

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 hypotheses.

“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,

11

4—533

8

trenches,

 pipes and other related ancillary structures

such as manholes,

 compressor housing, and monitoring

installations that collects and 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.

“Geomembranes” 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

1 14—534

9

Ill.

 Adm.

 Code 811 through

 815, a

land

application

unit

is not a landfill; however, other Parts of

 35 Ill.

 Adm.

Code:

 Chapter

 I may apply,

 and may include the

permitting requirements of 35 Ill. Adm.

 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,

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 P.art;

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

114-5:35

It is a landfill with a unit whose maximum design

effective date of this Part.

BOARD

NOTE:

 A new unit located in an existing

Ill.

 Adni. Code 814, which references applicable

 means an elevated watertable

above

permeability

 (such as clay)

 layer within

 a high

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.

Illinois Professional Engineering Act”

 (Ill.

 Rev.

 Stat

1989,

ch.

 ill, par.

 5101 et seq.).

“Professional land surveyor” means a person who has

pursuant to “The Land Surveyors Act”

 (Ill.

 Rev.

 Stat.

1989,

ch.

 ill, par. 3201 et seq.).

microorganisms so as to cause a malodor,

 gases,

or

114-- 536

11

providing food for birds and vectors.

 Putrescible

wastes may form a contaminated leachate from

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

and any precipitation that falls directly into

 a stream

channel.

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

under the supervision 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.

11 4—53 7

shredded if 90 percent of the waste by dry weight

passes a

 3 inch sieve.

“Significant Modification” means

 a modification to an

approved permit issued by the Agency

 in accordance with

Section 39 of the Act and

 35 Ill.

 Adm. Code 813 that

is

required when one or more of the following changes,

considered significant when that change measured by one

or more parameters whose values lie outside the

expected operating range of values 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

114—538

 or quantity of data from

any environmental monitoring system;

A change

 in the applicable background concentra-

tions or the maximum allowable 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

Operating authorization is being sought to place

A change in any requirement set forth as a special

condition in the permit.

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.

1 14--539

14

of this Part and 35 Ill. Adm.

 Code 811 through 815,

a

surface impoundment is not a landfill.

 Other Parts of

35 Ill.

 Adm.

 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 or 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 non—containerized

masses of solid,

 non flowing wastes are placed for

disposal.

 For the purposes of this Part and 35 Ill.

Adm. 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

preceding 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

114—541)

formed by

from vertical planes drawn to the bottom of the

40 CFR 141.40

 (1988).

of Certified Public Accountants,

 1211 Avenue of

the Americas, New York,

NY

 10036.

b)

 This incorporation includes no later amendments or

editions.

11/, —5/, 1

16

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 811

STANDARDS

FOR

NEW

SOLID WASTE LANDFILLS

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

Daily Cover

Operating

Standards

Salvaging

Boundary Control

Closure and Written Closure Plan

Postclosure

Maintenance

SUBPART B:

 INERT WASTE LANDFILLS

Scope and Applicability

Determination of Contaminated Leachate

Design Period

Final Cover

Final Slope and Stabilization

Leachate Sampling

Load Checking

SUBPART

C:

 PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

Section

811.301

811.302

811.303

811.304

811.305

811.306

811.307

811.308

811.309

811.310

811. 311

811.312

811. 313

811.314

811. 315

811.316

Facility Location

Liner Systems

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

114—542

17

811.319

811.320

811. 321

Groundwater Monitoring Programs

 Groundwater Quality Standards

Waste Placement

Final Slope and Stabilization

Load Checking Program

Section

SUBPART D:

 MANAGEMENT OF SPECIAL WASTES AT LANDFILLS

811. 401

811.402

811.403

811.404

811.405

811.406

Section

811.501

811.502

811.503

811.504

811.505

811.506

811.507

811.508

811.509

Section

811.700

811.701

811.702

811.703

811.704

811.705

811.706

811.707

811.708

811.709

811.710

811.711

811.712

811.713

811.714

811.715

Identification Record

SUBPART

E:

 CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Scope and Applicability

Duties and Qualifications of Key Personnel

Documentation

Foundations and Subbases

Compacted Earth Liners

SUBPART G:

 FINANCIAL ASSURANCE

Scope, Applicability and Definitions

Upgrading Financial Assurance

Revision of Cost Estimate

Use of Multiple Financial Mechanisms

Postclosure Care

SUBPART A:

 GENERAL

 Adm.

 Code

and putrescible wastes.

b)

 This Part shall not apply until two years after the

December

1,

 1990:

 wastes generated by foundries and

primary steel production facilities and coal combustion

requirements

of

35

 Ill.

 Adm.

 Code 807 shall apply to

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.

1

14—544

19

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.

may

endangered species, result in the destruction or ad-

verse modification of the critical habitat listed for

e)

 The facility shall not cause a violation of Section 404

of the Clean Water Act

 (33 U.S.C.

 1344)

f)

 The facility shall not cause a violation of any

pollution that has been approved under Section 208 of

the Clean Water Act

 (33 U.S.C.

 1288).

1)

 Runoff from disturbed areas resulting from precip-

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

2)

 All discharges of runoff from disturbed areas to

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.

5)

 All discharge structures shall be designed to have

flow velocities that will not cause erosion and

scouring of the natural or constructed lining,

i.e.

 the bottom and sides,

 of the receiving stream

channel.

b)

 Diversion of Runoff From Undisturbed Areas.

1)

 Runoff from undisturbed areas shall be diverted

around disturbed areas unless the operator shows

that

 it is impractical based on site—specific

conditions.

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 have

flow velocities that will not cause erosion and

scouring of the natural.or constructed lining,

i.e. the bottom and sides,

 of the diversion

is provided by the vegetative or other cover

b)

 All stakes and monuments shall be clearly marked for

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

that it is required

for reasons of safety.

clean soil material shall be placed on all exposed

removal of daily cover prior to

additional

waste

placement, may be used,

 provided that the alternative

materials or procedures achieve

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.

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.

 Mass stability shall mean

that the mass of the waste deposited will not

undergo settling or slope failure that interrupts

operations at the facility or causes damage to any

of the various landfill operations or structures,

such as the liner, leachate or drainage collection

system,

 gas collection system or monitoring

system.

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 design and sequence the waste

placement operation in each discrete unit or parts

of units,

 in conjunction with the overall

operations of the facility,

 so as to shorten the

operational phase and allow wastes to be built up

to the planned final grade.

b)

 Size and Slope of Working Face

1)

 The working face of the unit shall be no larger

than is necessary, based on the terrain and

equipment used in waste placement,

 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

3 14—548

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

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.

j)

 Fire Protection

The operator shall institute fire protection measures

including,

 but not limited to, maintaining a supply of

water on-site and radio or telephone access to the

nearest fire department.

k)

 Litter Control

11.4—541)

1)

 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 transportation

 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.

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

 Ill.

Adni. 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)

 Salvageable materials:

1)

 May be accumulated on-site 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 on—site 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

1!3—551)

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

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

8l3.Subpart B.

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

minimum of five years after closure, and

after five years, the operator may reduce the

frequency of annual inspections until

settling has stopped and there are no eroded

or scoured areas.

B)

 For landfills,

 other than those used

exclusively for disposing waste generated at

the site,

 inspections shall

 be continued for

a minimum period of

 15 years after closure.

2)

 All rills, gullies and crevices six inches or

deeper identified in the inspection shall be

filled.

 Areas identified

 by the operator or the

Agency inspection as particularly susceptible to

erosion shall be recontoured.

3)

 All eroded and scoured drainage channels shall be

repaired and lining material shall be replaced if

necessary.

4)

 All holes and depressions created by settling

shall be filled and 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

114—552

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.

 Adm. 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

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

infiltrate 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

ii

4—553

exclusively

 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 that will

support vegetation which prevents or minimizes erosion shall be

applied over all disturbed areas.

 Where no vegetation is

required for the intended postclosure land use,

 the requirements

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.

b)

 Standards for Vegetation

1)

 Vegetation shall be promoted on all reconstructed

4)

 Vegetation shall consist of a diverse mix of

5)

 Temporary erosion control measures,

 including,

but

combination,

 of mulch,

 straw, netting,

 or chemi-

cal soil stabilizers, shall be undertaken while

minimum period of

 15 years after closure as specified

the finding.

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.

 Adni.

 Code

813.502 for permitted facilities and

 35 Ill.

 Adm. Code

815.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:

the landfill on a random day each week; and

in accordance with 35 Ill.

 Adm. Code 813.501 for

SUBPART C:

 PUTRESCIBLE

AND

CHEMICAL WASTE LANDFILLS

putrescible wastes are to be placed.

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

the United States Environmental Protection Agency

Act

 (42 U.S.C. 300f et seq.)

 unless there is a stratum

top of the aquifer that meets the following minimum

horizontal and vertical directions

 is no greater

than 1x107 centimeters per second,

 as determined

by in situ borehole or equivalent tests;

114--556

31

seams,

 faults, fractures or cracks within the

stratum that may provide paths for migration; and

right of way of a township or county road or state or

from view by a barrier of natural objects,

 fences,

d)

 No part of a unit shall be located closer than

152

meters

 (500

 feet)

 from an occupied dwelling,

 school, or

operator first applied for a permit to develop the unit

e)

 The facility shall not be located closer than 1525

runway used by turbojet aircraft unless the Federal

written permission,

 including technical justification,

a)

 The design period for putrescible and chemical waste

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

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.

loading rate shall not cause

contribute

the

fail-

ure of the liner leachate collection system.

not cause or contribute to the failure of the liner

1.5 under seismic loadings.

1.5 for static conditions and 1.3 under seismic

conditions.

e)

 In calculating factors of safety,

 both long term (in

tens or hundreds of years)

 and short term

 (over the

design period of the facility)

 conditions expected at

the facility shall be considered.

in

the design.

 The potential for landslides or earth-

quake induced liquefaction outside the unit shall be

Section 811.305

 Foundation Construction

with

ments of Section 811.304.

b)

 All trees, stumps,

 roots, boulders and debris shall be

struction quality assurance plan pursuant to Subpart

E.

114—558

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.

d)

 Compacted Earth Liner Standards

1)

 The minimum allowable thickness shall be 1.52

meters

 (5 feet).

2)

 The liner shall be compacted to achieve a maximum

hydraulic conductivity of 1xl07 centimeters per

second.

3)

 The construction and compaction of the liner shall

be carried out in accordance with the construction

quality assurance procedures of Subpart E so as to

reduce void spaces and allow the liner to support

the loadings imposed by the waste disposal

 operation without settling that causes or

contribute to the failure

 of the leachate

collection system.

4)

 The liner shall be constructed from materials

whose properties are not affected by contact with

the constituents of the leachate expected to be

produced.

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

114—551)

34

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

subsection

 (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

drainage and collection system meeting the

requirements of Sections 811.307 and 811.308.

2)

 The geomentbrane shall be supported by

 a compacted

base free from sharp objects.

 The geornembrane

shall be chemically compatible with the supporting

soil materials.

3)

 The geomeinbrane material shall be compatible with

the leachate expected to be generated.

4)

 Geomembranes 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.

114—561)

35

6)

 The leachate collection system shall be designed

to avoid

 loss of leachate through openings in the

geoinembrane.

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

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)

 The owner or operator may utilize liner configurations

 other than those specified

 in this Section, special

construction techniques, and admixtures, provided that:

1)

 The alternative technology or material provides

equivalent,

 or superior,

 performance to the 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.

114—561

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-

tem.

 This drainage layer shall be no less than 0.30

meter

 (one

 foot) thick and shall have a ~ydraulic

 con-

ductivity equal to or greater than lxlo

 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.

a)

 The leachate collection system shall be 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).

114—562

Collection

 pipes shall be of a cross sectional area

that

allows

cleaning.

d)

 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).

Section 811.309

 Leachate Treatment and Disposal System

a)

 Leachate shall be allowed to flow freely from the

drainage and collection system.

 The operator

is

responsible for the operation of a leachate management

system designed to handle all leachate as

 it 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

multiple

 treatment and storage struc-

tures, to allow the management and disposal of leachate

during routine maintenance and repairs.

c)

 Standards for On—site Treatment and Pretreatment

1)

 All on—site treatment or pretreatment systems

shall be considered part of the facility.

2)

 The on—site treatment or pretreatment system shall

be designed

 in accordance with the expected char-

acteristics of the leachate.

 The design may

114—563

38

be designed to function for the entire design

period.

4)

 All of the facility’s unit operations, tanks,

to control seepage to groundwater.

6)

 The treatment system shall be operated by an

operator certified under the requirements of 35

Ill. Adm.

 Code 312.

d)

 Standards for Leachate Storage Systems

1)

 The leachate storage facility must be able to

rate used

 in designing the leachate drainage

system in accordance with Section 811.307.

The

minimum storage capacity may be built up over time

consecutive days of accumulated leachate,

 during

any time during the design period of the facility.

protection provided by a clay liner 0.61 meter

(2

feet thick)

 having a permeability no greater than

l0~ centimeters per second.

material compatible with the leachate expected to

be generated and resistant to temperature

extremes.

4)

 The leachate storage system shall not cause or

contribute to

 a malodor.

5)

 The leachate drainage and collection system shall

not be used

 for the purpose of storing leachate.

114—564

1)

 Leachate may be discharged to an off-site

treatment works that meets the following

requirements:

A)

 All discharges of effluent from the treatment

Adm.

 Code 309.

B)

 The treatment system shall be operated by an

operator certified under the requirements of

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.

sion from the off—site treatment works for

requirements of 35 Ill. Adm.

 Code 310.

control and monitor the flow of leachate from the

unit and which are under the control of the

and shall be accessible to the operator at 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

constructed in accordance with subsection

 (c).

storage capacity sufficient to transfer all

storage system shall meet the requirements

of

subsection

(d).

f)

 Standards for Leachate Recycling Systems

1)

 Leachate recycling systems may be utilized only at

114

565

40

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, berms 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

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 to be 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 be removed

prior to additional waste placement.

7)

 Daily and intermediate cover shall slope away from

the perimeter of the site to minimize surface

discharges.

g)

 Leachate Monitoring

114—566

41

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

constituent

detected in the leachate,

 testing frequency shall

return to a quarterly schedule.

2)

 Discharges of leachate from units that dispose of

lowing constituents prior to treatment or

pretreatment:

A)

 Five day biochemical oxygen demand

 (BOD5);

B)

 Chemical oxygen demand;

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,

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 chosen in

accordance with 35

 Ill.

 Adm.

 Code

811.319(a) (2) (B) and 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

114--567

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 chosen in

accordance with 35

 Ill.

 Adin. Code

811.319(a) (2) (B)

 and 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.

2)

 Gas monitoring devices shall be placed around the

unit at locations and elevations capable of

detecting migrating gas from the ground surface to

the lowest elevation of 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—

114—568

43

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.

c)

 Monitoring Frequency

1)

 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 as a compressor to withdraw

gas.

4)

 After

 a minimum of five years

 or, in the case of

landfills,

 other than those used exclusively 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).

114—569

44

5)

 The operator shall include in the permit,

 a list

of air toxics to be monitored in accordance with

subsection

 (d).

 The Agency shall determine the

monitoring frequency of the listed compounds based

upon their emission rates and ambient levels in

the atmosphere.

d)

 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 is closer to the unit.

3)

 All buildings within

 a facility shall

 be monitored

for methane by utilizing continuous detection

devices located at likely points where methane

might enter the building.

Section 811.311

 Landfill Gas Management System

a)

 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 is detected below

the ground surface by a monitoring device or

is

detected by an ambient air monitor located at or

beyond the property boundary or 30.5 meters

 (100

feet)

 from the edge of the unit, whichever

is

less, unless the operator can demonstrate that the

I

14—570

45

detected methane concentration

 is not attributable

to the facility;

2)

 Methane is detected at a concentration greater

 than 25 percent of the lower explosive limit in

air in any building on or near the facility,

unless the operator can demonstrate that the

detected methane concentration is not attributable

to the facility;

3)

 Malodors caused by the unit are detected beyond

the property boundary; or

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.

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.

114—571

46

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

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 in 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

11/4—572

the. operator and shall be considered part of the waste

 disposal facility.

c)

 No gas may be discharged directly to the atmos.phere

unless treated or burned on—site 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 on-site 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 On—site 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 to

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 or combustion

shall be identified and included in a permit

issued by the Agency pursuant to

 35 Ill. Adm. Code

200 through 245.

 At a minimum,

 the following

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;

1 14—573

48

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 off-site 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

 (d) (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 off-site gas pro-

cessing facility shall

 in no way relieve the

operator of the requirements of Section

811.311(a)

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.

b)

 All areas with intermediate cover shall be graded so as

to facilitate drainage of runoff and minimize infiltra-

tion and standing water.

c)

 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.

11/4—574

a)

 The unit shall be covered by a final cover consisting

 of a low permeability layer overlain by a 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:

i)

 The minimum allowable thickness shall be

0.91 meter

 (3 feet);

ii)

 The layer shall be compacted to achieve

a permeability of 1x107

 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 geomembrane constructed

 in accordance with

the following standards:

i)

 The geomembrane shall provide perform-

ance equal or superior to the compacted

earth layer described in subsection

(b) (3) (A)

ii)

 The geomembrane shall have strength to

 withstand the normal stresses imposed by

the waste stabilization process.

iii) The geomembrane shall be placed over a

prepared base free from sharp objects

114—575

50

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

 ~ayer

 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.

b)

 General Requirements

1)

 The investigation shall be conducted

 in a

minimum

of three phases prior to submission of any

application to the Agency for a permit to develop

and operate a landfill facility.

2)

 The study area shall consist of the entire area

occupied by the facility and any adjacent areas,

if necessary for the purposes of the hydro—

114—576

51

geological investigation set forth in subsection

(a).

3)

 All borings shall be sampled continuously at all

recognizable points of geologic variation,

 except

that where continuous sampling is impossible or

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

1)

 The operator shall conduct a Phase

 I Investigation

to develop the following information:

A)

 Climatic aspects of the study area;

B)

 The regional and study area geologic setting,

including a description of the geomorphology

and stratigraphy

 of the area;

C)

 The regional groundwater regime including

water table depths and aquifer

characteristics; and

D)

 Information for the purpose of designing a

Phase II Hydrogeologic Investigation.

2)

 Specific Requirements

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

hydrogeologic setting information is accurate

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

114—577

locations of any additional borings, required

under this subsection, may be chosen by the

investigator,

 but shall be sampled

continuously.

d)

 Minimum Requirements for a Phase II Investigation

1)

 Information to be developed

Using the information developed in the Phase

I

survey, a Phase II study shall be conducted to

collect the site—specific information listed below

as needed to augment data collected during the

Phase

 I investigation and to prepare for the Phase

III investigation:

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.

B)

 At least one boring shall

 be at or near each

corner of the site.

 Where the property is

irregularly shaped the borings shall be

located near the boundary in

 a pattern and

spacing necessary to obtain data over the

entire study area.

I 14—578

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 tb 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.

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.

114—571)

54

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

chrornatographic and mass spectrornetric

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.

 Adm.

 Code 302

established by the Board and which is

expected to appear in the leachate; and

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.

Identification

unusual

unpredicted

geologic features,

 including:

 fault zones,

channels, buried stream deposits,

 cross

tures that may affect the ability of the

operator to monitor the groundwater or pre-

dict the impact of the disposal facility on

groundwater.

by using methods that may include, but not limited

located at intermediate points between boreholes

114—580

55

analysis.

f)

 The operator may conduct the hydrogeologic

investigation in any number of alternative ways

provided that the necessary information

 is collected

in

a systematic sequence consisting of at least three

phases that is equal to or superior to the

investigation procedures of this Section.

Section 811.316

 Plugging and Sealing of Drill 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 no longer intended for use shall be

back-filled with materials that are compatible with the

geochemistry of the site and with the leachate in

sufficient quantities and

 in such a way as to prevent

the creation of a pathway for contaminants to migrate.

c)

 For drill holes in gravels and other permeable strata

where a watertight seal

 is not necessary to prevent the

creation of

 a pathway, drill cuttings and other earthen

materials may be utilized as backfill.

d)

 All excess drilling mud,

 oil, drill cuttings,

 and any

other contaminated materials uncovered during or

created by drilling shall be disposed of in accordance

with the requirements of

 35 Ill.

 Adm. Code 700 through

749,

 807 and 809 through 815.

e)

 The operator shall restore the area around the drill

hole to its original condition.

Section 811.317

 Groundwater Impact Assessment

The impacts of the seepage of leachate from the unit shall be

assessed in

 a systematic fashion using the techniques described

in this Section.

a)

 Procedures for Performing the Groundwater Impact

Assessment

1)

 The operator shall estimate the amount of seepage

from the unit during operations which assume:

11/4—581

56

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.

3)

 The numerical solution methods

must

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.

14—5S2

57

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.

Mass

balance

calculations

 on selected elements in

the model shall be performed to verify physical

validity.

 Where the model does not prescribe the

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

downward direction,

 to detect any discharge of

contaminants from any part of

 a potential source

of discharge.

horizons that could serve as contaminant migration

pathways.

114—583

58

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

4)

 The network of monitoring points of several

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

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.

The operator shall use the same calculation methods,

space of all constituents chosen to be monitored in

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

1)

 All monitoring wells shall

 be cased in

 a manner

that maintains the integrity of the bore hole.

The casing material shall be inert so as not to

affect the water sample.

 Casing requiring sol-

vent-cement type couplings shall not be used.

114—58/4

59

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

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 back-filled with

expanding cement grout from an elevation bel.ow 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 back-

filled with uncontaminated cuttings.

6)

 All wells shall be covered with vented caps and

equipped with devices to protect against tampering

and damage.

7)

 All wells shall be developed to allow free entry

of water, minimize turbidity of the sample,

and

minimize clogging.

8)

 The transmissivity of the zone surrounding all

well screens shall be established by field testing

techniques.

9)

 Other sampling methods and well construction

techniques may be utilized

 if they provide equal

or superior performance to the requirements of

this subsection.

e)

 Standards for Sample Collection and Analysis

1)

 The groundwater monitoring program shall include

consistent sampling and analysis procedures to

assure that monitoring results can be relied upon

to provide data representative of groundwater

1 14—5S~

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

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

D)

 The temperature of the sample

E)

 Specific Conductance

Section 811.319

 Groundwater Monitoring Programs

a)

 Detection Monitoring Program

Any use of the term “maximum allowable predicted

concentration”

 in this Section is a reference to 35

Ill.

 Adm.

 Code 811.318(c).

 The operator shall

implement a detection monitoring program in accordance

with the following requirements:

1)

 Monitoring Schedule and Frequency

114--586

61

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

 a threat to groundwater.

For the purposes of this section, the source

shall be considered a threat to groundwater,

if the results of the monitoring indicate

that the concentrations of any of the

constituent monitored within the zone of

attenuation are above the 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 at 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

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

114—587

62

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

it represents.

 The use of such indicator

constituents must be included

 in an Agency

approved permit.

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

114—588

63

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

 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).

4)

 Confirmation of Monitored Increase

A)

 The confirmation procedures of this

subsection shall be used only if the

concentrations of the constituents monitored

can be measured at or above the practical

quantitation limit

 (PQL).

 The PQL is defined

as the lowest concentration that can be

reliably measured within specified limits of

precision and accuracy, under routine

laboratory operating conditions.

The

operator shall

 institute the 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

 in accordance with subsection

(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

l1!4—531)

64

monitored in accordance with subsection

(a) (3) exceeds the preceding measured

concentration at any established

monitoring point; and

iv)

 The concentration of any constituent

monitored at or beyond the zone of

attenuat.ion 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 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 off-site 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

The operator shall begin an assessment monitoring

groundwater impact assessment in accordance with

subsection

 (C).

 The assessment monitoring program

shall be conducted in accordance with the following

requirements:

114—51)0

65

collect information to assess the nature and

consist of, but not be limited to, the following

steps:

A)

 More frequent sampling of the wells in which

the observation occurred;

B)

 More frequent sampling of any surrounding

wells;

C)

 The placement of additional monitoring wells

to determine the source and extent of the

contamination;

D)

 Monitoring of additional constituents that

might indicate the source and extent of

contamination; and

E)

 Any other investigative techniques that will

assist

 in determining the nature and extent

of the contamination.

2)

 The operator of the facility for which assessment

monitoring

 is required shall file the plans for an

assessment monitoring program with the Agency.

If

the facility

 is permitted by the Agency, then the

plans shall be filed for review as a significant

permit modification pursuant to

 35 Ill.

 Adm. Code

8l3.Subpart

B.

 The assessment monitoring program

shall be implemented within 90 days of

confirmation

 of any monitored increase

in

accordance with subsection

 (a) (4)

or,

 in the case

of permitted facilities, within 90 days of Agency

approval.

3)

 If the analysis of the assessment monitoring data

 shows that the concentration of one or more

constituents, monitored at or beyond the zone of

attenuation is above the applicable groundwater

quality standards of Section 811.320 and is

attributable to the solid waste disposal facility,

then the operator shall determine the nature and

extent of the groundwater contamination including

an assessment of the potential impact on the

groundwater should waste continue to be accepted

at the facility and shall

 implement remedial

action

 in accordance with subsection

(d)

4)

 If the analysis of the assessment monitoring data

shows that the concentration of one or more

114—51)1

66

the requirements of subsection

(c)

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

(d)

to

the Agency within 180 days of the start of the

assessment monitoring program.

d)

 Remedial Action

1)

 The operator shall submit plans for the remedial

action to the Agency.

 Such plans and all

supporting information including data collected

during the assessment monitoring shall be

submitted within 90 days of determination of

either of the following:

A)

 The groundwater impact assessment performed

in accordance with subsection

 (c),

 indicates

that remedial action

 is needed;

or

B)

 Any confirmed increase above the applicable

groundwater quality standards of Section

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

1 I4—5~2

A)

 Completion of the groundwater impact

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); or

C)

 Agency approval of the remedial action plan,

where the facility has been permitted by the

Agency.

4)

 The remedial action program shall consist of one

or a combination of one or more of the following

solutions:

A)

 Retrofit additional groundwater protective

measures within the unit;

B)

 Construct an additional hydraulic barrier,

such as a cutoff wall or slurry wall system;

C)

 Pump and treat the contaminated groundwater;

or

D)

 Any other equivalent technique which will

prevent further contamination of groundwater.

5)

 Termination of the Remedial Action Program

A)

 The remedial action program shall continue

in

accordance with the plan until monitoring

shows that the concentrations

 of all

monitored constituents are below the maximum

allowable predicted concentration within the

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

ii 4—593

significant modification of the permit.

groundwater quality standard established for any

constituent

shall

be:

A)

 The backgr.ound concentration;

or

B)

 The Board established standard adjusted by

applicable groundwater quality standard

established pursuant to subsection

 (a) that is

attributable to the facility and which occurs at

or beyond the zone of attenuation within 100 years

after closure of the last unit accepting waste

within such

 a facility shall constitute a

violation.

3)

 For the purposes of this Part:

A)

 “Background concentration” means that

concentration of a constituent that

is

established as the background

 in accordance

with subsection

 (d); and

B)

 “Board established standard”

 is the

concentration of a constituent adopted by the

Board as a standard for public and food

processing water supplies under 35 Ill. Mm.

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.

b)

 Justification for Adjusted Groundwater Quality

Standards

1)

 An operator may petition the Board

 for an adjusted

groundwater quality standard in accordance with

I

14—594

69

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.

 Adni.

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,

 by providing

information including, but not limited to,

the impacts of the standards on the regional

economy, social disbenefits such as loss of

jobs or closing of landfills,

 and economic

analysis contrasting the health and

environmental benefits with costs likely to

be incurred in meeting the standards;

and

C)

 All technically feasible and economically

reasonable methods are being used to prevent

the degradation of the groundwater quality.

3)

 For groundwater which contains naturally occurring

constituents which do not meet the standards of

35

Ill. Mm.

 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 in standards

 is necessary for

economic or social development,

 by providing

information including,

 but not limited to,

the impacts of the standards on the regional

economy,

 social disbenefits such as loss of

jobs or closing of landfills,

 and economic

analysis contrasting the health and

environmental benefits with costs likely to

be incurred in meeting the standards; and

1l4—5~5

70

not in the future,

 serve as a source of

drinking water because:

impossible

remove

water

usable quantities;

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 will not be used to serve

v)

 The total dissolved solids content of

the groundwater exceeds 10,000 mg/l.

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

114—51)6

parameters identified

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

based on quarterly sampling of wells for one year,

 monitored

 in accordance with the requirements

of

subsections

 (d) (2),

 (d) (3) and

 (d) (4), which may

be adjusted during the operation of a facility.

Statistical tests and procedures shall be

employed,

 in accordance with subsection

 (e),

depending on the number, type and frequency of

samples collected from the wells,

 to establish the

background concentrations.

 Adjustments to the

background concentrations shall be made only

if

changes

 in the concentrations of constituents

observed in upgradient wells over time are

determined,

 in accordance with subsection

 (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 located at several depths

to provide data on the spatial variability.

3)

 A determination of background concentrations may

include the sampling of wells that are not

hydraulically upgradient of the waste unit where:

1

hydraulically upgradient of the waste; and

B)

 Sampling at other wells will provide an

indication of background concentrations that

is representative

 of that which would have

been provided by upgradient wells.

4)

 If background concentrations cannot be determined

 on site,

 then alternative background

concentrations may be determined from actual

monitoring data from the aquifer of concern, which

includes,

 but is not limited to, data from another

landfill site that overlies the same aquifer.

e)

 Statistical Analysis of Groundwater Monitoring Data

1)

 Statistical tests shall be used to analyze

groundwater monitoring data.

 One or more of the

normal theory statistical tests listed in

subsection

 (e) (4)

 shall be chosen first for

 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

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

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

1 14—598

The level

 of detection for each constituent shall

zero,

 which is defined as the method detection

limit

 (MDL).

 The following procedures shall be

used to analyze such data, unless an alternative

procedure in accordance with subsection

 (e) (6),

is

shown to be applicable:

A)

 Where the percentage

 of 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 to the sample mean and

standard deviation,

 followed by one or more

of the tests listed

 in subsection

 (e) (4) (C)

However, where data are not normally

distributed,

 the operator shall use an

applicable nonparainetric 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 Newman-Kuel

procedure,

 Duncan’s

New

Multiple

 Range Test

Tolerance Intervals,

 for which the type

I

114—

5(49

74

in accordance with the requirements of 35

Ill.

 Adm. Code 724.197(i).

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

a

1)

 Waste disposal operations shall move from the

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

than those specified in subsection

 (a) (1) only

precipitation,

 are such that the placement of

waste in the bottom of the unit would cause

water pollution,

 litter or damage to any part

environmentally unsound, for example, because

steep slopes surround the unit;

or

constructed in accordance with the

requirements

 Section 811.319, are placed

50 feet,

 or less,

 downgradient from the

filled portions of the unit.

b)

 Initial Waste Placement

1)

 Construction,

ment shall be prohibited from operating directly

114—61)0

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

thick,

 shall be placed over the entire drainage

blanket immediately

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

been inspected,

 tested,

 and reconstructed

(if

811. 306.

Section 811.322

 Final Slope and Stabilization

minimizes erosion.

b)

 All slopes shall be designed to drain runoff away from

the cover and which prevents ponding.

 No standing

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

114—61)1

the depth of the final protective cover system.

7)

 Temporary erosion control measures,

 including but

not limited to mulch straw, netting and chemical

soil stabilizers,

 shall be undertaken while

vegetation

 is being established.

d)

 Structures Constructed Over the Unit

1)

 Structures constructed over the unit must be

compatible with the land use;

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.

I

14—602

77

for shipping the waste to the facility to

determine the identity of the waste.

2)

 Recording inspection results

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

observations made by the inspector during the

signed by both the inspector and the driver.

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

regulated hazardous wastes.

 The training program

typically used for regulated hazardous wastes and

with labels for regulated hazardous wastes, under

1)

 If any regulated hazardous wastes are identified

by random load checking,

 or are otherwise

discovered

 be improperly deposited at the

facility,

 the facility shall promptly notify the

Agency,

 the person responsible for shipping the

wastes,

 if known.

 Waste loads identical to 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 be cordoned off from public access.

The solid waste management facility shall assure

facility.

2)

 The party responsible for transporting the waste

transportation and disposal.

precautionary measures such as questioning the

driver concerning the waste contents prior to

discharge of the load at the working face or

elsewhere.

SUBPART

D:

 MANAGEMENT OF SPECIAL WASTES AT LANDFILLS

landfills operated on-site, with or without a permit,

standards of 35 Ill.

 Adm. Code 809.

 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:

 Subtitle

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

accompanied

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.

ii 4—

~Sfl4

79

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

and exempted,

 in 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;

4)

 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;

 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

the

 manifest as the final destination

point.

Any

subsequent

 delivery of the special waste or

any portion or product thereof to a special waste

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.

A)

 Send one copy of the completed transportation

special waste to the special waste hauler

waste management facility);

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

to Section 4(d)

 of the Act.

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;

4)

 The process generating the waste;

5)

 Physical characteristics of waste

 (e.g., color,

odor,

 solid or liquid, flash point);

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);

2,3,7,8—tetrachlorodibenzodioxin

test carried out in accordance with Section

B)

 Whether the special waste

 is of a type that

storage, treatment,

 or disposal at the

facility; and

C)

 Whether the method of storage, treatment,

or

disposal, using the methods available at the

facility,

 is appropriate for the waste.

a copy of 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)

of exposure to the waste; or

2)

 Certification indicating that any change in the

physical or hazardous characteristic of the waste

is not sufficient to require

 a new special waste

profile.

1 14—(’1)7

The solid waste management facility operator shall retain copies

The operator shall implement a load checking program that meets

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

 minimum, meets the requirement of

this Subpart.

Section 811.502

 Duties and Qualifications of Key Personnel

The operator shall designate a third party contractor,

operator,

 as the construction quality assurance

 (CQA)

officer.

b)

 Duties and Qualifications

 of the CQA officer

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.

a)

 The CQA officer shall be present to provide supervision

and assume responsibility for performing all

1)

 Compaction of the subgrade and foundation to

3)

 Installation of a geomembrane;

7)

 Installation

 of gas control facilities;

and

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

judgement

 in carrying out the duties of a CQA officer

statement that the CQA officer assumes full personal

absentia during the absence of the CQA.

Section 811.504

 Sampling Requirements

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

a)

 The sampling program shall be designed prior to

construction.

b)

 The sampling program shall be based upon statistical

Section 811.505

 Documentation

a)

 A daily summary report shall be prepared by the CQA

officer,

 or under the direct supervision of the CQA

officer, during each day of activity.

 The report shall

5)

 A summary of any meetings held and attendees;

8)

 The daily inspection report from each inspector.

b)

 Daily Inspection Reports

Each inspector shall complete a daily inspection report

1)

 The location;

4)

 Test data;

5)

 The results

 of the activity;

c)

 Photographic Records

 daily summary report,

 daily

inspection report,

 and an acceptance report.

 Each

information:

1)

 The date,

 time and location of photograph;

85

submitted before the structure is placed into service

2)

 As-built drawings; and

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

b)

 The CQA officer shall observe soil and rock surfaces

for joints,

 fractures and depressions, document the

filling of 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.

A test fill shall be constructed before construction

of

the actual,

 full-scale compacted earth liner,

in

1)

 The test liner

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

114--61

I

86

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:

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

 determine

 if there is a statistical

correlation

the

 field testing results.

C)

 Other engineering parameters,

 including but

not limited to particle size distribution,

plasticity,

 water content, and in-place

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

is available to demonstrate that the previously

fill;

and speed;

5)

 Use of methods to bond successive lifts together;

and

10)

 That construction proceeds only during favorable

the following:

c)

 That the anchor trench and back—fill are constructed to

prevent damage to the geomembrane;

e)

 That all geomembrane seams are properly constructed and

specifications.

Section 811.509

 Leachate Collection Systems

a)

 The CQA officer shall exercise professional

 judgernent

to certify that pipe sizes, material, perforations,

placement and pipe grades are in accordance with the

design.

b)

 The CQA officer shall exercise professional judgement

to certify that all soil materials used for

the

drainage blanket and graded filters meet the required

size and gradation specifications

 in the design plan

and are placed

 in accordance with the design plans.

1l/~—6I3

88

SUBPART G:

 FINANCIAL ASSURANCE

a)

 This Subpart provides procedures by which the operator

of a permitted waste disposal facility provides

b)

 Financial assurance may be provided,

 as specified in

Section 811.706, by a trust agreement,

 a bond

c)

 This Subpart does not apply to the State of Illinois,

 persons

shall provide financial assurance

 for closure and

d)

 The operator is not required to provide financial

demonstrates:

1)

 That closure and postclosure care plans filed

pursuant to 35 Ill.

 Adin.

 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

e)

 Definition:

 “Assumed closure date” means the date

during 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.

116—614

89

to or greater than the current cost estimate calculated

1)

 An increase in the current cost estimate;

2)

 A decrease in the value of a trust fund;

3)

 A determination by the Agency that an operator no

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 to substitute alternative financial

assurance,

 as specified in Section 811.706,

for

The Agency shall release a trustee,

 surety,

 insurer or other

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

b)

 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

 t.o enforce

 its rights under financial

instruments.

 The filing of an enforcement action

before the Board is not a condition precedent to such

an 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. Adm.

 Code 103 and 104, the Board may order

modifications

 in permits to change the type or amount

114—61 5

requirement to maintain financial assurance;

4)

 A refusal to approve a reduction in the penal sum

bond;

5)

 A refusal to approve a reduction

 in the amount of

letter

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.

 The operator shall have

a

written closure plan,

 required by Section 811.110 and

for the premature final closure of the facility on the

assumed

closure

date.

11/4—616

implement the closure plan.

f)

 The cost estimate must,

 at a minimum,

 include all costs

assumed closure date; and

A)

 Based on a

 4 percent discount rate;

B)

 Without allowing for inflation;

until the assumed closure date, plus the

postclosure care period;

1)

 Groundwater monitoring,

 based on the number of

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 off-site processing

system,

 then the operator shall include

 in the

cost estimate the costs necessary to operate an

on—site gas disposal system,

 should access to the

off—site facility become unavailable.

 The cost

estimate must include the following information:

installation, operation,

 maintenance and

monitoring of an on-site gas disposal system.

11

4--61 7

 When a

beyond the applicable design period,

 the cost

estimate must be based upon such additional time

and the care activities occurring during that

time.

i)

operator may file an application for significant permit

modification pursuant to 35

 Ill. Adm.

 Code 813.201

zeroing that element of the cost estimate.

Section 811.705

 Revision of Cost Estimate

for closure and postclosure care in each new

application for permit renewal or where a facility

modification results in an increase of the cost

care plans prior to filing a revised cost estimate in

order to determine whether they are consistent with

cost estimates reflecting current prices for the items

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

I14—618

c)

 A surety Bond Guaranteeing Performance

 (Section

811.712)

;

d)

 A letter of Credit

 (Section 811.713);

f)

 Self—insurance

 (Section 811.715).

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

 it is the combination of

mechanisms, rather than the single mechanism, which must provide

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 to

 Subpart for more

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 of funds assured by the mechanism.

The

amount of 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.

directing

 funds available through a single mechanism

for the closure and postclosure care of any single site covered

by that mechanism, the Agency shall direct only that amount of

funds designated for that site,

 unless the operator agrees to the

use of additional

 funds available under that mechanism.

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. Mm.

 Code 807.710,

 except as

follows:

a)

 The trustee shall maintain a separate account for each

114—619

creation of the trust;

c)

 The trustee shall release excess funds as required from

d)

 The trustee shall reimburse the operator or other

only from the account for the site for which it has

2)

 Who complies with the Corporate Fiduciary Act

acknowledgment,

 on the form specified in Appendix A,

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

114—620

3)

 Annual payments are determined by the following

 formula:

Annual payment

 (CE-CV)/Y

CV

 Current value of the trust fund

Y

 Number of years remaining

 in the pay in

period.

4)

 The operator shall make the first annual payment

prior to the initial receipt of waste for

initial receipt of waste, submit to the Agency a

receipt from the trustee for the first annual

payment.

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

assurance pursuant to this subsection.

The

assurance shall be not less than three years.

e)

 The trustee shall evaluate the trust fund annually,

as

date as may be provided in the agreement.

 The trustee

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

I 14—621

in excess of the current cost estimate.

2)

 Within 60 days after receiving a request from the

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.

Agency shall determine whether the expenditures

it determines that the operator is no longer

required to maintain financial assurance for

closure and postclosure care.

 In the event the

fund isinadequate 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

(second priority);

C)

 Persons who have completed work which

furthered the closure or postclosure care

(third priority);

114—622

97

D)

 The operator and related business entities

(last priority).

Section 811.711

 Surety Bond Guaranteeing Payment

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

 (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.

e)

 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;

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

close the site or provide postclosure care in

accordance with the closure and postclosure

care plans.

114—623

98

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:

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

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 and

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

114—624

99

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.

e)

 Conditions:

1)

 The bond must guarantee that the operator will

provide closure

 arid 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;

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

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:

1)

 The bond must be issued for a term of at least

116--625

100

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

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

a)

 An operator may satisfy the requirements of 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

114—626

101

Insurance Corporation or the Federal Savings and

Loan Insurance Corporation.

c)

 Forms:

1)

 The letter of credit must be on the forms

specified in Appendix A, Illustration

E.

2)

 The letter of credit must be accompanied by a

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 by the letter of credit.

d)

 Any amounts drawn by the Agency pursuant to 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.

114—627

102

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.

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 conforms 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

114~-628

103

Department of Insurance pursuant to the Illinois

Insurance Code.

d)

 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

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.

2)

 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 of 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

116—621)

104

or postclosure care activities,

 the Agency shall

determine whether the expenditures are

in

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.

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

114—630

105

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.

h)

 Each policy must contain a provision allowing

assignment of the policy to a 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

 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

Auditing Standards--Current Text,

 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

114—631

106

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.

“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

 (d)).

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) (3)

A)

 The operator shall have:

1)

 Two of the following three ratios:

a

114—632

107

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

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 the United States amounting to

at least 90 percent of the operator’s

total assets and at least six times the

 current cost estimate.

B)

 The operator shall have:

i)

 A current rating of AAA,

 AA, A or BBB

for its most recent bond issuance as

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

114—633

108

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 as having

 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

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 it meets the gross

revenue test or financial test.

financial assurance requirements of this Part by

114—634

109

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).

114—635

110

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

__________________

______________,a

_____________________

the “Grantor,” and ____________________________________

______________________

 the “Trustee.”

Whereas, Section 21.1

of the Environmental Protection Act,

 “Act”,

prohibits any person from conducting any waste disposal operation

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

in 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.

 1989,

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

114—636

111

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 in 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 may 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:

Securities

other

obligations

 the Grantor,

 or any other

114—637

112

owner or operator of the site,

 or any of their affiliates as

defined in Section 80a-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.

c)

 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

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

bearer form or in book entry,

 or to combine certificates

representing such securities with certificates of the same

114—638

113

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

 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.

Section 12.

 Trustee Compensation.

 The Trustee shall be

entitled to reasonable compensation for its services as agreed

114—639

114

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 a 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 of the Trustee, the Trustee may apply to

 a 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

9.

Section 14.

 Instructions to 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 A or such other designees as the Grantor may designate by

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 as provided in this agreement.

Section 15.

 Notice of Nonpayment.

 The Trustee shall notify

the Grantor and the IEPA,

 by 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

Trustee and the IEPA Director,

 or by the Trustee

and the IEPA

Director

if the Grantor ceases to exist.

114—640

115

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 of

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.

114—641

116

Attest:

 Signature of Grantor____

Typed Name______________

Title____________________

Seal

Attest:

 Signature of Trustee_______

Typed

Name_________________

Title_______________________

Seal

114—642

117

Section 811.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 me duly 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

_____________________

1 14—6/43

118

Section 811.Appendix A Financial Assurance Forms

Illustration C Forfeiture Bond

FORFEITURE 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 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,

114—644

119

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

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:

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 or

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.

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.

114—6/4 5

120

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

Bond premium:

_______

114—646

121

Section 811.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,

114—647

122

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 to so provide when the Principal:

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 or 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.

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 intendsto provide

closure and postclosure care,

 then the Surety must initiate

closure and postclosure care within 60 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,

 or pay the penal sum.

The liability of the Surety shall not be discharged by any

114—648

123

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.

 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

Bond premium:

_______

114—669

124

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)

 in your favor,

 at the request and for the account

of ___________________________________________ up

the

aggregate

amount of

______________________

U.

 5. dollars

________),

available upon presentation of

1.

 your sight draft, bearing reference to this letter of

credit No,

______________;

 and,

2.

 your signed statement reading as 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.

 1989,

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

114—650

125

Typed Name

____________________________

Title

Date

Name and address of issuing institution

This credit is subject to

______

114—651

126

Section 811.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.

 Adrn.

Code 811.714, as applicable and as such regulations were

constituted on the date shown immediately below.

 It is agreed

that any provision of the policy inconsistent with such

114—652

127

regulations is hereby amended to eliminate such inconsistency.

Name (Authorized signature for Insurer)

____________________________

Typed

Name

Title

Date

_______

114—653

128

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

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

ii 4—654

129

Section 81l.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

 tFIe

site.

 To the payment of this obligation the Operator and Surety

jointly and severally bind themselves, their heirs, executor~,

 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;

114—655

130

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

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.

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

and Surety.

Operator

Surety _________________________

________________

Signature

Name

Typed Name

Address

Title

State of Incorporation ___________________________

Date

Signature

Typed Name

Title

Corporate seal

 Corporate seal

114—656

131

Section 8l1.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

35

 Ill. Adm. Code 811.715.

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

 -________

114—657

132

2.

 Gross revenue from waste disposal operations

_____________

3.

 Line

 2 divided by line

 3 ________________________________

Financial Test

Alternative

I

1.

 Sum of current cost estimates

 (total of all cost estimates

shown in paragraphs above)

________________________________

2.

 Total liabilities

 (if any portion of 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

and 4)

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, depletion,

and

amortization

______________________________________________

9.

 Total assets

 in U.S.

 (required only

if less than 90 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

-_______________________

______________________________

114—658

133

Typed Name

_______________________

Title _____________________________

Date _______________________________

Financial Test

Alternative II

1.

 Sum of current cost estimates

 (total of

 all cost estimates

shown in paragraphs above)

 __________________________________

2.

 Current bond rating of most recent issuance

of this firm and name of rating service

______________________

3.

 Date of issuance of bond ___________________________________

4.

 Date of maturity of 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 complete line 10. ___________________________

10.

 Is line

 6 at least

 6 times

 line 1? _________________________

Signature

Typed name

Title

Date

______

114—659

134

TITLE

35:

 ENVIRONMENTAL

PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

POLLUTION

CONTROL

 BOARD

SUBCHAPTER

SOLID

WASTE

AND

INFORMATION TO BE SUBMITTED IN A PERMIT APPLICATION

SUBPART A:

 GENERAL INFORMATION REQUIRED FOR ALL LANDFILLS

Scope and Applicability

Certification by Professional Engineer

Application Fees

Required Signatures

Site Location Map

Site Plan Map

Narrative Description of the Facility

Location Standards

Surface Water Control

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

LANDFILLS

Scope and Applicability

Waste Stream Test Results

Final Cover

Closure

Requirements

SUBPART C:

 ADDITIONAL INFORMATION REQUIRED FOR PUTRESCIBLE

AND

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 System

Description of the Hydrogeology

Section

812.101

812.102

812.103

812.104

812.105

812.106

812.107

812.108

812.109

812.110

812.111

812.112

812.113

812.114

812.115

812.116

Section

812.201

812.202

812.203

812.204

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

114—660

135

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

landfills

 which accept only inert waste.

Subpart

contains

additional

 standards applicable to

landfills

 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.

114—661

136

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

3)

 For a municipality, state,

 federal or other public

agency,

 by the head of the agency or ranking

elected official.

Section 812.105

 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

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;

116—662

137

d)

 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 ch.

 127, par.

 133dl 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 Map

The application shall contain maps,

 including cross sectional

maps of the site boundaries,

 showing the location of the facility

on a scale no smaller than one inch equals 200 feet containing a

two—foot contour interval.

 The following information shall be

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;

c)

 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 35

 Ill. Adm.

 Code 811.107(a);

f)

 All roads in and around the facility;

g)

 Devices for controlling access to the facility;

h)

 Devices for controlling litter;

114—663

138

Fire

protection

facilities;

and

 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 35 111.

 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 in which waste will be placed and compacted

to comply with 35

 Ill. Adm. Code 811.105;

d)

 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;

 A litter control plan for complying with 35

 Ill.

 Adm.

Code 811.107(k);

 complying with

 35 Ill. Adm.

Code 811.108;

1)

 A description of all utilities for operation in

compliance

with

Ill.

 Adni.

 Code 811.107(d);

m)

 A boundary control plan describing how the operator

114—664

139

will comply with the requirements of

35

 Ill. Adm. Code

811. 109;

n)

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

 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:

I)

 Documentation that the facility is not located

within the floodplain of the 100-year flood event;

or

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 be in compliance with

811.102(c)

as

 it relates to Dedicated Illinois Nature

Preserves.

114—665

140

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

35 Ill.

 Adni.

 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

 I1~l. 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 issued pursuant to 35

Ill.

 Adm.

 Code 309

or,

 if a permit is pending,

 a copy

of the NPDES permit

application

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;

c)

 Detailed designs of all structures to be constructed

during development of the facility and during the first

five year operating period; and

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).

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

114—666

141

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 necessary for the final closure of the site at

the end of its intended operating life;

d)

 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 of waste acceptance at the site without

initiating final closure;

e)

 A description of the steps necessary to decontaminate

equipment during closure;

f)

 An estimate of the expected year of closure;

114—667

142

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. Adm Code 811.Subpart G.

SUBPART B:

 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.

 Adni. Code 811.204.

114—66S

143

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 of 35

 Ill. Adm. Code 811.302(b);

5)

 All state and federal parks and recreational

areas;

6)

 All state,

 federal or interstate highways and the

location of any barriers necessary to comply with

35

 Ill. Adm.

 Code 811.302(c);

114—661)

144

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.

c)

 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 shall include, but not be limited to,

soil classification, permeability, moisture

content, moisture—density relationship,

plasticity, and strength; and

5)

 A construction quality assurance program for

proper implementation of the foundation pursuant

to 35 Ill. Adm. Code 8l1.Subpart

E.

114—67 0

145

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:

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

35 Ill. Adm. Code 811.507(a); or

B)

 A detailed description of the results of the

test liner constructed in accordance with 35

Ill.

 Adni 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

35 Ill. Adm.

 Code Bll.Subpart

E.

b)

 For geomenibranes:

1)

 A description of the physical properties of the

geomembrane;

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

geomembrane

 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 geoniembrane;

5)

 A cross section and description of how openings

in

the membrane will be constructed to minimize

leaks;

and

114—671

146

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:

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.

 Adni.

 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 8l1.Subpart E.

d)

 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 related information;

b)

 Cross sections and descriptions of manholes,

 sumps,

cleanouts, connections and other appurtenances;

c)

 The locations of all leachate level monitoring

locations;

d)

 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

114—67 2

147

system,

 including the number and location of access and

cleanout points; and

g)

 A construction quality assurance program to insure

proper construction of the systems pursuant to 35 Ill.

Adm.

 Code 8l1.Subpart E.

Section 812.308

 Leachate Management System

a)

 The application shall contain information to 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 off-

site treatment works meets the requirements

of 35 Ill. Adm. Code 811.309(e) (1);

or

C)

 Pretreatment authorization,

 if necessary from

the off-site 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.

 Adni.

 Code

811.309(f) (3);

3)

 A plan for the disposal of excess leachate, as

 defined in

 35 Ill. Adm.

 Code 811.309(f) (3);

114—673

148

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

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.

 Adni. 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.

 Adni.

 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

d)

 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

114—674

149

35 Ill. Adm. 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 through 245;

b)

 A map showing the location of the gas processing

facility;

c)

 Designs for the disposal system;

d)

 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 off—site processing plant is utilized, the

application shall contain documentation showing that

the plant meets all requirements of 35 Ill.

 Adni.

 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;

d)

 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

114—675

150

f)

 A construction quality assurance program, pursuant to

35

 Ill.

 Adm. Code 811.Subpart

 E, which provides that

the cover is constructed in compliance with all

applicable requirements of 35

 Ill. Adm. Code 811.

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;

c)

 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

 th.e

facility,

 including a 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. Adm. 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;

114—676

151

b)

 All data,

 including values of the model’s parameters

and site-specific hydrogeologic information used in the

modeling and analysis of the groundwater impact;

c)

 A sensitivity analysis of the effects of changes in the

model’s parameters on the model’s predictions;

d)

 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 model

parameters and assumptions; and

h)

 A written evaluation and analysis, using the

 information from the groundwater impact assessment,

showing the results of the groundwater impacts expected

at the facility,

 such as the type and geographical

extent of contamination present or expected,

 or the

rate of movement of contaminants,

 to demonstrate that

the groundwater impact is acceptable

 in accordance with

35 Ill. Adm.

 Code 811.317(b).

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 from the ground surface to the bottom of the

uppermost aquifer;

c)

 The location and depth of all groundwater monitoring

points;

d)

 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

114—677

152

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(e);

 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.

 Adm.

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).

114—678

153

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

i:

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART 813

PROCEDURAL REQUIREMENTS

 FOR PERMITTED LANDFILLS

SUBPART

A:

 GENERAL PROCEDURES

Section

813.101

813. 102

813.103

813. 104

813.105

813 .106

813.107

813.108

813.109

813. 110

813.111

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

an 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

OF TEMPORARY

 AND PERMANENT

 CLOSURE AND POSTCLOSURE

 CARE

Agency Notification Requirements

Certification of Closure

Termination of the Permit

Section

813.501

 Annual Reports

Section

813.401

813.402

813.403

SUBPART E:

 REPORTS TO BE FILED WITH THE AGENCY

1

 1 /~—(7Q

154

813.502

 Quarterly Groundwater Reports

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,

 1028.1 and 1027).

SOURCE:

 Adopted

 in R88-7

at

14

 Ill. Reg.

 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 the

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.

 Adrn.

 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.

a)

 IF THERE IS NO FINAL ACTION BY THE AGENCY WITHIN 90

DAYS AFTER THE FILING OF THE APPLICATION FOR PERMIT,

THE APPLICANT

MAY DEEM THE PERMIT ISSUED;

 EXCEPT THAT

THIS TIME PERIOD SHALL BE EXTENDED TO 180 DAYS WHEN:

155

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 to 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).

d)

 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

MAY

c)

 EXCEPT FOR THOSE FACILITIES OWNED OR OPERATED BY

156

SANITARY

 DISTRICTS

AND

REMOVE

OBSTRUCTIONS

THE

DES PLAINES

AND

ILLINOIS RIVERS”, APPROVED

MAY

29,

1889, AS NOW OR HEREAFTER AMENDED

 (Ill. Rev. Stat.

1989,

ch.

 42, par.

 320 et seq.), NO PERMIT FOR THE

DEVELOPMENT OR CONSTRUCTION OF A

NEW

REGIONAL POLLUTION

CONTROL FACILITY

MAY

BE GRANTED BY THE AGENCY UNLESS

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

 INCORPORATED AREA IN

WHICH

 THE FACILITY IS TO BE

LOCATED IN ACCORDANCE WITH SECTION 39.2 OF THE ACT.

ci)

 NO 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 OR 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 OF THE REGULATIONS SET FORTH

 IN 35 ILL.

ADM.

 CODE:

 CHAPTER

 I PROMULGATED UNDER THE ACT, WHICH

MAY

BE VIOLATED IF 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 IF 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 A PERMIT THE APPLICANT

MAY,

WITHIN 35 DAYS,

PETITION FOR A HEARING BEFORE THE BOARD TO 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 35 Ill.

 Adm.

 Code 105.

114—682

157

b)

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 No 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.

 Adni.

 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 IT 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 OF THE FACILITY OR 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

LITIGATION

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 811.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

practices may be implemented only at permitted

landfills.

114—683

158

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. Adm. 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 shall contain the

following information in addition to that required by

35 Ill. Adm.

 Code 106.Subpart G.

 However,

 if the

applicant believes that any of the information required

by this Section is inapplicable, the applicant may so

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. Adm. 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);

5)

 A description of the niethods to be implemented and

the total costs to restore the facility to

compliance with all standards in

 35 Ill. Adm. Code

811,

 812,

 or 814

 if the experiment

 is 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.

d)

 The Board will review all petitions to conduct

experimental practices submitted in accordance with

subsection

 (b),

 Section

 28.1 of the Act, or

 35 Ill.

114—684

159

Adm. Code 106.Subpart G and an 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.

Adm. Code 811,

 812 or 814;

2)

 The experiment will be conducted

 in as short

a

time as possible if the information submitted in

the petition and the Agency recommendation are not

in conflict;

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 8l3.Subpart B.

The

application shall contain the following information:

1)

 Detailed designs of all items to be 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.

 Adni.

 Code 811

 if the

experiment

 is unsuccessful;

6)

 Cost estimates and financial assurance (see 35

Ill. Adm.

 Code. Bll.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

114—685

160

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 evaluation criteria included

in the adjusted standard petition in accordance

with 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 evaluation

criteria included in the adjusted standard

petition in accordance with subsection

(c) (4) ; and

B)

 If the experiment does not cause or

contribute to a violation of the Act or

35

Ill.

 Adni.

 Code:

 Chapter

I.

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.

 Adm.

Code 8l1.317(c)(1),(2) and

 (3).

b)

 The Agency may designate OCT 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 8ll.317(c)(1),(2)

and

(3)

 in a permit

114—686

161

application if a model accepted by the Agency has been

used.

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

35

 Ill.

 Adm.

 Code 811.317(c)(l),(2),

and

 (3).

SUBPART B:

 ADDITIONAL PROCEDURES FOR MODIFICATION AND

SIGNIFICANT MODIFICATION OF 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 issued in an action

brought pursuant to Title VIII,

 IX or X of

the Act; or

D)

 Promulgation of new statutes or regulations

affecting the permit.

114—687

162

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

an appeal to the Board.

 All other time periods

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 Subpart A.

SUBPART

C:

 ADDITIONAL PROCEDURES FOR THE RENEWAL OF 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

114—688

163

APPLICATION HAS BEEN MADE

ANY

APPEAL PURSUANT TO SECTION 40

HAS

BEEN MADE UNLESS A LATER DATE

IS FIXED BY ORDER OF A REVIEWING COURT.

 (Section 16(b)

 of the

Illinois Administrative Procedure Act (Ill.

 Rev.

 Stat. l989~ ch.

127,

 par.

 1016(b))

Section 813.303

 Information Required for a Permit Renewal

a)

 The operator shall submit only that information

required by 35 Ill. Adm.

 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 811.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 conduct a new groundwater impact

assessment

 in accordance with 35 Ill.

 Adrn.

 Code 8~l1.317

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 off-site 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 to 35 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 a new

groundwater impact assessment need not be performed.

114—689

164

Section 813.305

 Procedures for Permit Renewal

Applications for permit renewal shall be subject to all

requirements and time schedules

 in Subpart A.

SUBPART D:

ADDITIONAL

 PROCEDURES

 FOR INITIATION

AND

TERMINATION

 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 included

in a permitted closure plan in accordance with 35

 Ill.

Adm. Code 812.114(d)

 that are applicable during any

such period.

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.

BOARD NOTE:

35

 Ill. Adm.

 Code 807.Subpart E includes

requirements for closure and temporary suspension and

for closure and temporary suspension plans.

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.

 Adm.

 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

114—699

165

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

operator, the seal of a 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 tacility 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

114—691

166

care is required pursuant to 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.

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.

C)

 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

114—692

167

the

gate;

and

C)

 A copy of all identification reports required

under 35

 Ill. Adm.

 Code 811.404.

2)

 Monitoring data from the leachate collection

system,

 groundwater monitoring network, gas

monitoring system, and any other monitoring data

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.

4)

 Any modification or significant modification

affecting the operation of a facility shall be

included.

5)

 Signature of the operator or duly authorized agent

as specified in 35 Ill. Adm.

 Code 815.102.

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 a schedule approved in 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 of records at the facility during the postclosure

care period,

 then an alternate active operation site in the

114—693

168

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.

114—694

169

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

814.102

 Compliance Date

814.103

 Notification to Agency

814.104

 Applications for Significant Modification of Permits

814.105

 Effect of Timely Filing of Notification and Application

for Significant Modification

814.106

 Agency Action on 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,

 22.1.7 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

 III. Reg.

 effective

NOTE:

 Capitalization indicates statutory language.

114—695

170

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 to be new as defined at 35 111.

 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

facilities must begin closure, which is dependent upon

the ability of existing units to 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

to this Part.

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

Subpart C,

 Subpart D, or Subpart E.

Section 814.104

 Applications for Significant Modification of

Permits

a)

 All operators of landfills permitted pursuant to

Section 21(d)

 of the Environmental Protection Act

 (Act)

file an application for a significant modification to

their permits for existing units, unless the units will

be closed pursuant to Subpart E within two years of the

effective date of this Part.

1 l4—691~

171

b)

 The operator of an existing unit shall submit

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.

Adni.Code 807.209

 or 813.201(b).

procedures

 of 35

 Ill.

 Adin.

 Code 813.

Section 814.105

 Effect of Timely Filing of Notification and

 Application for Significant Modification

a)

 Permits issued pursuant to 35 Ill.

 Acim.

 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

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

114—697

172

Subpart may remain open for an indefinite period of

time after the e.ffective date of this Part.

b)

 Based on an evaluation of the information submitted

pursuant to Subpart A and any Agency site inspection,

units which are unable to comply with the requirements

of this Subpart are subject to the requirements of

Subpart 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 811.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

a)

 The standards in this Subpart ~re applicable to all

existing units of landfills,

 including those exempt

from permit requirements

 in accordance with Section 21

(ci)

 of the Act,

 that have accepted or accept chemical

and putrescible wastes.

 Based on an evaluation of

 th.e

information submitted pursuant to Subpart A and any

 Agency site inspection, units that meet the

requirements of this Subpart may remain open for an

indefinite period of time beyond seven years after the

effective date of this Part.

h)

 Based on an evaluation of the information submitted

pursuant to Subpart A and any Agency site inspection,

units which are unable to comply with the requirements

of this Subpart are subject to the requirements of

Subpart D or Subpart

E.

Section 814.302

 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),

 (d),

and

 (e);

2)

 The foundation and mass stability analysis

standards

in

811.305;

3)

 The final cover requirements of 35

 111. Adm Code

811.314 shall not apply to units or parts of units

173

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

 111. 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.

2)

 The operator shall provide a long—term static

safety factor of at least 1.5 to protect a

completed unit against slope failure;

3)

 Calculation of the Design Period

For the purposes of calculating

 financial

assurance the design period shall be calculated as

follows:

operating life of the landfill plus fifteen

years of postclosure

 care;

by three years for each year the unit is

expected

operation

up

the

applicable design period required by 35

 Ill.

Adra. 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

year minimum specified

 in subsection

 years since

 3 x 13

years

greater than the

 30 years specified in

I l4—I~

174

C)

 The design period may not be reduced as

(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

existing units of landfills,

 including those exempt

from permit requirements in accordance with Section

and putrescible wastes.

 Based on an evaluation

 of the

information submitted pursuant to Subpart A and any

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

this Subpart except the following:

2)

 The foundation and mass stability analysis

811.305;

closed,

 covered and vegetated prior to the

effective date of this Part;

l14—7~fl

175

ments of

 35 Ill. Adm.

 Code 811.315;

6)

 The groundwater impact assessment standards of 35

7)

 The groundwater monitoring program requirements of

35 Ill. Adm.

 Code 811.318(c);

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:

may not expand beyond the area included in

a

or,

 in the case of permit exempt facilities,

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

3)

 Groundwater Standards

A unit shall not contaminate a source of drinking

water

 at the compliance boundary, defined as any

point on the edge of the unit at or below the

ground surface.

 At any point on the compliance

boundary,

 the concentration of constituents shall

not exceed the water quality standards specified

in

 35 Ill.

 Adm. Code 302.301, 302.303,

 302.304,

and 302.305.

 The Board may 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 1O6.Subpart G upon

alternative

 compliance boundary

will

not

result

contamination of groundwater which may be needed

or used for human consumption.

 In reviewing

 such

petitions,

 the Board will consider the following

factors:

A)

 The hydrogeological characteristics

 of the

unit and surrounding land,

 including any

natural attenuation and dilution character-

istics of the aquifer;

11

4—7

fl

1

176

B)

 The volume and physical and chemical char-

 acteristics of the leachate;

C)

 The quantity,

 quality,

 and direction of flow

of groundwater underlying the facility;

D)

 The proximity and withdrawal rates of ground-

water users;

E)

 The availability of alternative drinking

water supplies;

F)

 The existing quality of the groundwater,

including other sources of contamination and

their cumulative impacts

 on the groundwater;

G)

 Public health,

 safety, and welfare effects;

and

extend beyond the facility property line or

beyond

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

for nine years of postclosure care,

9

3

x

allowed

 by 35

 Ill. Adm.

 Code 811.303(b)

and

(c).

114~7O2

177

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

a)

 The standards in this Subpart are applicable to all

existing units of landfills,

 including those exempt

from permit requirements

 in accordance with Section

b)

 All units that cannot demonstrate compliance with the

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)

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.

II

.‘~-~-

7(~

178

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBCHAPTER

i:

 SOLID WASTE

AND

SPECIAL WASTE HAULING

PART

815

PROCEDURAL REQUIREMENTS FOR ALL LANDFILLS EXEMPT FROM PERMITS

Required Signatures

SUBPART

B:

 INITIAL FACILITY REPORT

Section

815.201

815.202

815.203

815.204

Section

815.401

815.402

Scope and Applicability

Filing Deadline

Information

Filed

Required

 Signatures

Scope and Applicability

Reporting Period

Information to be Submitted

SUBPART D:

 QUARTERLY GROUNDWATER REPORTS

Scope and Applicability

Filing Schedule

SUBPART E:

 INFORMATION TO BE RETAINED ON-SITE

AUTHORITY:

 Implementing Sections

5,

 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).

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 to Section 21(d)

Section

815.101

815. 102

Section

815.301

815.302

815.303

SUBPART

C:

 ANNUAL REPORTS

Section

815.501

815.502

815.503

Scope

 and Applicability

Acceptance

Reports

Other Information

effective

I

 I 4—7(14

179

of the Environmental Protection Act

 (Act)

 (Ill.

 Rev.

Stat.

 1989,

ch.

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.

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;

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.

New

Facilities

The initial

 facility report shall be filed with the

Agency before any waste

 is accepted.

180

Section 815.203

 Information to be Filed

a)

 New Units

812 except 35

 Ill. Adm.

 Code 812.101, 812.103,

 812.104,

812.105, and 812.116 shall be filed with the Agency.

b)

 Existing Units

All of the information required by 35 Ill. Adm.

 Code

 812,

 except 35 Ill. Adm.

 Code 812.101, 812.103,

812.104, 812.105, and 812.116, that

 is applicable to an

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 to 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 an annual

report with the Agency.

 The first annual report shall be filed

on the first of January that follows the year in which the

initial facility report is filed, unless the Agency specifies in

writing an alternative filing date no later than one year after

the initial facility report has been filed.

Section 815.302

 Reporting Period

Annual reports shall be filed during operation of the facility

and for the entire postclosure monitoring period.

Section 815.303

 Information to be Submitted

All annual reports shall contain the following information:

a)

 A waste volume summary which includes:

1)

 Total amount of solid waste accepted at the

1 14—7fli~

181

facility;

2)

 Remaining capacity in each unit;

and

3)

 A copy of all identification reports required

under

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 in

the

collected

data;

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.

d)

 A summary of all modifications including significant

modifications made to the operations during

the

 course

of

the year.

e)

 Signature

 of the operator or duly authorized agent.

SUBPART

D:

 QUARTERLY GROUNDWATER REPORTS

groundwater monitoring data with the Agency in accordance with

the filing schedule of this Subpart, and file modifications,

since the last quarterly report, to any list of background

concentrations prepared

 in accordance with

35

 Ill.

 Adm.

 Code

811.320(d)

(1)

11 1—7

~1

182

Section 815.402

 Filing Schedule

basis,

 in accordance with the following schedule:

a)

 May 15 for activities in January, February and March;

b)

 August

 15 for activities during April, May and June;

c)

 November 15 for activities during July, August and

September; and

ci)

 February 15 for activities during October, November and

December.

SUBPART

E:

 INFORMATION TO BE RETAINED ON-SITE

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

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,

 as determined by

the operator, 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.

II

4—7n~~