Section 811.308 Standards for the Leachate Collection System
811.307 (b).
produced.
by the overlying materials and equipment used at thefacility.
necessary to minimize clogging.
maintenance of all pipes throughout the design poriod.
Section 811.309 Leachate Treatment and Disposal Systems
c) Standards for Onsite Treatment and Pretreatment
q6--741

ILLINOIS POLLUTION CONTROL BOARD

February 25,

1988

IN THE MATTER OF:

DEVELOPMENT, OPERATING AND

)

 R88—7

REPORTING REQUIREMENTS FOR

)

NON—HAZARDOUS WASTE LANDFILLS

)

PROPOSED RULE.

 FIRST NOTICE.

ORDER OF THE BOARD

 (by 3. Anderson):

This docket, opened today, contains proposed rules adopted

by the Board

 for first notice publication in the Illinois

Register.

 The proposed rules

 are attached hereto.

 The proposed

rules would establish comprehensive design,

 performance and

reporting

 requirements

 for all landfills,

 including those on—site

facilities exempt from the requirement

 to have

 a permit pursuant

to Section

 21(d)

of

 the Act.

 The proposed rules amend two

existing Parts

 and add

 six Parts.

 New language

 in existing Parts

is underlined; new language

 in entirely new Parts

 is not.

 These

are,

 specifically

1)

 Amendments

to

35

 Ill.

 Adrn. Code 106.410, relating

to

procedures

 in adjusted standards proceedings;

2)

 Addition of Section

 807.105

 to existing Part

 807,

relating to interrelationship

 of existing Parts 700—749

and Part 807

 to the new proposed Parts 810—815;

3)

 Addition of new Part 810 “General Provisions”,

 providing

definitions and other basic information applicable

to

Parts 811—815;

4)

 Addition of new Part 811 “Standards

 For New Solid Waste

Landfills”,

 establishing basic design and operating

standards for permitted and unpermitted landfills;

5)

 Addition of new Part 812 “Information

 to be Submitted

in

a Permit Application”;

6)

 Addition of new Part

 813 “Procedural Requirements

For

Permitted Landfills”;

7)

 Addition

 of new Part

 814 “Interim Standards

 For Existing

Landfills and Units”, applicable

 to permitted and

unpermitted landfills; and

8)

 Addition of new Part 815 “Procedural Requirements For

All Landfills Exempt From permits”,

 applicable

 to new

and existing landfills.

8E—711

—2—

These proposed rules are explained and supported by

a

separate Opinion adopted by

 the Board today

 in this docket.

The

Opinion extensively references, and

 must be

 read together with,

the proposed rules and support document submitted by the Board’s

Scientific and Technical Section

 (STS)

 in R84—17,

 Docket 0

entitled

“

 Recommendations For A Nonhazardous Waste Disposal

Program In Illinois And A Background Report To Accompany Proposed

Regulations For Solid Waste Disposal Facilities”.

The STS

 is hereby given leave,

 and directed

to,

 file

a

revised and final copy of its Background Report which corrects

typographical errors and omissions.

 The final Background Report

will be entered as Exhibit

1

 in this docket.

 The references

listed therein and filed

 c.iith the Clerk will

 be entered as Group

Exhibit

2

 in this docket.

The materials which comprise the rationale and results of

the Board’s action today total over 300 pages.

 To avoid

dissemination of incomplete

or

 inconsistent documents which could

serve as

 a source of confusion

 to participants,

 the Board directs

that distribution

 of all documents

is

 to be delayed

 until after

the STS files

its

 final

 report, and

 the accuracy of all page and

other references

 in the Board’s Opinion

 to that final STS

Background Report

 is verified by staff.

 Persons on the notice

list shall

 be served,

 then,

 in one mailing, with the Board’s

Proposed “pinion,

 the Board’s Proposed Order,

 and the STS Final

Background Report.

The Board will accept written comments concerning this

proposal for

 45 days following the publication of the proposal in

the Illinois Register.

 Decision on the number and scope

 of any

additional hearings

 to be held

 in this docket will be deferred

until after expiration

 of the

 45 day first notice written comment

period.

 Accordingly,

 in their comments participants should fully

detail their questions

 and concerns,

 and should identify which

issues and Parts,

 if any,

 they believe have not been covered

in

the 30—odd hearings held in Docket R84—l7;

 the Board

 is not

disposed,

 nor financially able,

 to allow for the complete

“replowirig of old ground” covered

 in R84—17.

 As in the R84—17

proceeding,

 hearing dates will be announced in, and any

additional hearing procedures will be established by, hearing

officer order,

 although hearing notices will additionally be

published

 in the Illinois Register.

IT

 IS SO ORDERED.

I,

 Dorothy M. Gunn, Clerk

 of the Illinois Pollution Control

Board, hereby certif

 that the above Order was adopted

on

the ~~-4-. day of

 1988,

 by a vote of

7-c

Dorothy

M.

 Gurin,

 Clerk

Illinois Pollution Control Board

86—712

—3—

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE A:

 GENERAL PROVISIONS

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART 106

HEARINGS PURSUANT TO SPECIFIC RULES

SUBPART

A:

 HEATED EFFLUENT DEMONSTRATIONS

Section

106.101

106. 102

106.103

106.104

106.105

106.106

106.107

Section

106.301

106. 302

106.303

106.304

106.305

106.306

Petition

Requirements

 for Petition

Parties

Recommendation

Notice and Hearing

Transcripts

Opinion and Order

SUBPART

B:

 ARTIFICIAL COOLING LAKE DEMONSTRATIONS

Petition

Notice and Hearing

Transcripts

Effective Date

SUBPART C:

 SULFUR DIOXIDE DEMONSTRATIONS

Petition

Requirements

 for Petition

Parties

Recommendation

Notice and Hearing

Transcripts

SUBPART D:

Section

106.401

106.402

106.403

106.404

106.405

106. 406

106.407

106. 408

106.410

106.411

106.412

106.413

 106.414

RCRA AND SOLID WASTE DISPOSAL ADJUSTED STANDARD

PROCEDURES

Petition (Repealed)

Notice of Petition

 (Repealed)

Recommendation

 (Repealed)

Response (Repealed)

Public Comment

 (Repealed)

Public Hearings (Repealed)

Decision

 (Repealed)

Appeal

 (Repealed)

Scope and Applicability

Joint or Single Petition

Request

 to Agency

 to Join

 as Co—Petitioner

Contents of Petition

Response and Reply

Section

106.201

106.202

106.203

106.204

86—713

—4—

106.415

106.416

Appendix

AUTHORITY:

authorized

(Ill.

 Rev.

1028.1 and

Notice and Conduct of Hearing

Opinions and Orders

Old

 Rule Numbers Referenced

Implementing Sections

5,

 22.4,

27,

 28 and 28.1 and

by Section

 26 of the Environmental Protection Act

Stat.

 1985,

ch.

 ll1l/~ pars.

 1005,

 1022.4,

 1027,

 1028,

1026).

SOURCE:

 Filed with Secretary of State January

1,

 1978; amended

at

4

 Ill.

 Reg.

2,

 page

 186,

 effective December

27,

 1979;

 codified

at

6

 Ill.

 Reg.

 8357;

 amended

 in R85—22 at

10

 Ill.

 Reg.

 992,

effective February

2,

 1986;

 amended

 in R86—46

at

 11 Ill.

Reg.l3457,

 effective August

4,

 1987; amended

 in R84—l7(E)

at

_____

 Ill. Reg.

_____,

 effective _______________________________

NOTE:

 Capitalization ~eno~ee

~

 ~a~g~e

 is used

to

indicate

 that the language quotes or paraphrases

 a statute.

TITLE 35:

 ENVIRONMENTAL PROTECTION

SUBTITLE A:

 GENERAL PROVISIONS

CHAPTER

I:

 POLLUTION CONTROL BOARD

PART

106

HEARINGS PURSUANT TO SPECIFIC RULES

SUBPART

D:

 RCRA AND SOLID WASTE DISPOSAL ADJUSTED

 STANDARD

PROCEDURES

Section 106.410

 Scope and Applicability

This Subpart applies only whenever provision

 for an adjusted

standard,

 as provided

 in Section

 28.1 of the Environmental

Protection Act (Act),

 is contained

in

a

 regulation of general

applicability

in

35

 Ill. Mm.

 Code 700 through

 750 and

in

 35 Ill.

Mm.

 Code 800 through

 815.

(Source:

 Amended

at

effective

Ill.

 Reg.

_____

86—7 14

—5—

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

I:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART

807

SOLID WASTE

SUBPART A:

 GENERAL PROVISIONS

Section

807.101

807.102

807.103

807.104

807.105

Authority,

 Policy and Purposes

Repeals

Severability

Definitions

Relation To Other Rules

SUBPART

B:

 SOLID WASTE PERMITS

Section

807. 201

807.202

807.203

807.204

807.205

807.206

807.207

807.208

807.209

807.210

807.211

807.212

807.213

807.214

Section

807.301

807.302

807.303

807.304

807.305

807.306

807.307

807.308

807.309

807.310

807.311

807.312

807.313

807.314

807.315

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

Cover

Litter

Salvaging

Scavenging

Animal Feeding

Special Wastes

Open Burning

Air Pollution

Water Pollution

Standard Requirements

Protection of Waters of the State

86—7 15

—6—

807.316

807. 317

807.318

Section

807.501

807.502

807.503

807.504

807.505

807.506

807.507

807.508

807.509

807.523

807.524

SUBPART

F:

Section

807.600

807.601

807.602

807.603

807. 604

807.605

807.606

807.620

807.621

807.622

807.623

807.624

807.640

807.641

807.642

807. 643

 807.644

807. 661

807.662

807.663

807.664

807.665

807.666

Appendix A

Application

Operating Records

Completion or Closure Requirements

SUBPART

E:

 CLOSURE AND POST—CLOSURE CARE

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

Post—Closure Care Plan

Implementation and Completion

 of Post—Closure Care

Plan

FINANCIAL ASSURANCE

 FOR CLOSURE AND POST-CLOSURE 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 Post—closure Care

Biennial Revision of Cost Estimate

Interim Formula

 for Cost Estimate

Mechanisms

 for Financial

 Assurance

Use

 of Multiple Financial Mechanisms

Use of Financial Mechanism for Multiple

 Sites

Trust Fund for Unrelated Sites

RCRA Financial Assurance

Trust Fund

Surety Bond Guaranteeing Payment

Surety Bond Guaranteeing Performance

Letter

 of Credit

Closure Insurance

Self—insurance

 for Non—commercial Sites

Financial Assurance Forms

Illustration

A

 Trust Agreement

Illustration B

 Certificate

 of Acknowledgment

Illustration

C

 Forfeiture

 Bond

Illustration

D

 Performance Bond

36—716

—7—

Illustration

E

 Irrevocable Standby Letter of

Credit

Illustration

F

 Certificate of Insurance

for

Closure and/or Post—Closure Care

Illustration G

 Operator’s Bond Without Surety

Illustration H

 Operator’s Bond With Parent Surety

Illustration

I

 Letter from Chief Financial

Officer

Appendix

B

 Old Rule Numbers Referenced

AUTHORITY:

 Implementing Sections

5,

 21.1 and

 22 and authorized

by Section

 27 of

 the Environmental Protection Act

 (Ill.

 Rev.

Stat.

 1985,

ch.

 111 1/2,

 pars.

 1005,

 1021.1,

 1022 and 1027).

SOURCE:

 Adopted

 as an emergency rule and filed with

the

 Secretary of State July

27,

 1973;

 amended at

2

 Ill.

 Reg.

16,

p.

3,

 effective April

10,

 1978;

 codified at

 7 Ill.

 Reg.

 13636;

recodified

 from Subchapter h

 to Subchapter

 i at

8

 Ill.

 Reg.

13198; emergency amendment in R84—22A

at

9

 Ill.

 Reg.

 741,

effective January

3,

 1985 for

 a maximum of 150 days;

 amended in

R84—22B at

9

 Ill.

 Reg.

6722

 effective April

29,

 1985; amended

in R84—22C

at

 9 Ill.

 Reg.

 18942, effective November

25,

 1985;

amended

 in R88—7 at

 Ill.

 Reg.

________

effective

____________________

NOTE:

 Capitalization

 is used to indicate that

 the language

quotes or paraphrases

 a statute.

TITLE

35:

 ENVIRONMENTAL. PROTECTION

SUBTITLE

G:

 WASTE

 DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

I:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 807

SOLID WASTE

SUBPART

A:

 GENERAL PROVISIONS

Section 807.105

 Relation to Other Rules

a)

 Unless otherwise expressly stated,

 persons and

facilities

 regulated pursuant

to

35

 Ill.

 Adm.

 Code 700—

749 are not subject to the requirements of this Part or

of

35

 Ill.

 Adm.

 Code 811,

 812,

 813,

814

or

 815.

b)

 Unless otherwise expressly

 stated,

 persons and

facilities

 subject

to

35

 Ill.

 Adm.

 Code 807,

 809,

 811,

812,

 813, 814 and 815 may be subject to other

 Board

regulations

 as explained at

35

 Ill.

 Adm.

 Code 700.102.

86—717

—8—

c)

 The requirements

of

35

 Ill. Mm.

 Code 810—815 are

intended

 to supersede the requirements

 of this Part.

Persons

 and facilities

 regulated pursuant

to

35

 Ill.

Adm. Code Parts 810—815 are not subject

 to the

requirements of

 this Part.

 This Part does not apply to

new, units as defined

in

35

 Ill. Mm.

 Code 810.

(Source:

 Added

at

 Ill.

 Reg.

______,

 effective

_______________)

86—718

—9—

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER h:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART

810

SOLID WASTE DISPOSAL: GENERAL PROVISIONS

Section

810.101

 Scope and Applicability

810.102

 Severability

810.103

 Definitions

810.104

 Incorporation by Reference

AUTHORITY:

 Implementing Sections

5,

21,

 21.1,

 22 and 22.17, and

authorized by Section

 27 of the Environmental Protection Act

(Ill.

 Rev.

 Stat.

 1985,

ch.

111

 1/2, pars.

 1005,

 1021,

 1021.1,

1022,

 1027 and 1022.17).

SOURCE:

 Adopted

 in R88—7

at

 Ill.

 Reg.

______

effective

__________________

NOTE:

 Capitalization

 is used to

 indicate that the language

quotes or paraphrases

 a statute.

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER h:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 810

SOLID WASTE DISPOSAL: GENERAL PROVISIONS

Section 810.101

 Scope and Applicability

This Part contains definitions which apply

 to all solid waste

disposal facilities

 regulated pursuant

to

35

 Ill.

 Adrn.

 Code 811—

815.

 These definitions do not apply

 to hazardous waste

management

 facilities regulated pursuant to

35

 Ill.

 Adm.

 Code

700—750.

Section 810.102

 Severability

If any provision

 of these regulations or

 the application

 of them

to any person

or

 in any circumstances

 is judged invalid,

 such

adjudication

 shall not affect the validity of these regulations

as

 a whole or

 of any part not adjudged

 invalid.

Section 810.103

 Definitions

Except

 as stated

 in this section,

 and unless

 a different meaning

of

 a word

 or term

 is clear from the context,

 the definition

of

words

 or terms

 in this Part shall

 be the same

as

 those used

in

86—719

—10—

the Environmental Protection Act

 (Act),

 Ill.

 Rev.

 Stat.

 1985,

ch.

111

 1/2,

 pars.

1001

et.

 seq.

“Admixtures” are chemicals added to earth materials

 to im-

prove

 for a specific application the physical

 or chemical

properties of the earth materials.

 Admixtures

 include, but

are not limited

to:

 lime,

 cement, bentonite and sodium sili-

cate.

“Applicant”

 is the “person”,

 as defined

 in the Act,

submitting an application

 to the Agency for a permit

for

a

solid waste disposal facility.

“AQUIFER” MEANS SATURATED (WITH GROUNDWATER)

 SOILS AND GEO-

LOGIC MATERIALS WHICH ARE SUFFICIENTLY PERMEABLE TO READILY

YIELD ECONOMICALLY USEFUL QUANTITIES

 OF WATER TO WELLS,

SPRINGS, OR STREAMS UNDER ORDINARY HYDRAULIC GRADIENTS.

“Chemical waste” means

 a rionbiodegradable solid waste that

will form a contaminated leachate only by chemical or physi-

cal processes.

 No gas

 is expected

to

 be formed.

“Contaminated leachate”

 is leachate constituents

 of which

violate

 the standards

 set forth

in

35

 Ill. Mm.

 Code 811.202.

“Disturbed areas” are areas that have been physically altered

during waste disposal operations

 or during the construction

of

 a structure related

 to the facility.

“Earth liners” are structures constructed from naturally

 occurring

 soil material compacted

 to achieve a low permea—

bil ity.

“Existing”

 means of

 facility or unit which

 is not defined

in

this Section as new.

“Facility” consists of

 an entire solid waste disposal opera-

tion.

 All structures used

 in connection with

or

 to facili-

tate the waste disposal operation shall

 be considered

 a part

of the facility.

 A facility may contain,

but

 is not limited

to,

one

 or more solid waste disposal units,

 buildings, treat-

ment systems, processing works,

 and monitoring

 stations.

“Field capacity”

 is the moisture content of

 a waste above

which moisture can

 be released by gravity drainage.

“Gas condensate”

 is liquid formed

as

 a landfill gas

 is cooled

or

 compressed.

“Gas collection system”

is

 a system of wells,

 trenches,

 pipes

and other related structures

 that collects and transports

landfill gas produced

 in a putrescible waste disposal

 unit at

a central point

 or points.

Gas

 flow may

 be by produced by an

86—720

-11-

induced draft produced by mechanical means

 or naturally

 produced gas pressure gradients.

“Gas venting system”

is

 a system of wells,

 trenches, pipes

and other related structures

 that vents landfill gas produced

in

 a putrescible waste disposal unit to the atmosphere.

“Geomembranes”

 are manufactured low permeability membrane

liners and barriers used to control

 the migration of fluids

or gases.

“Geotextiles” are permeable manufactured materials used

to

strengthen

 soil,

 provide

 a filter to prevent clogging

of

drains,

 collect and drain liquids and gases beneath

the

ground surface, and perform other functions requiring perme-

able materials.

“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.

“Hydraulic barriers”

 are 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 nonbiodegradable,

 nonputrescible,

 non—

watersoluble solid waste

 that will not

 in any way

 form a

contaminated

 leachate.

 Inert waste will not burn or serve

as

food

 for vectors.

 IneL-t waste includes,

 but.

 is not

 limited

to:

 bricks,

 masonry and concrete

 (cured for

 60 days or more).

“Land

 treatment unit”

 means an area where wastes are applied

onto or

 incorporated

 into the soil surface

 for disposal.

Land treatment units may be subject to the permitting

requirements

of

35

 Ill.

 Adm. Code

 309.

“Landfill”

 means a unit or part of

 a facility where waste

is

placed

in

or

 on land

 for disposal. and which

 is not a

land

treatment

 unit,

 surface impoundment or an underground

injection well.

 For the purposes of

 this

 Part, waste

 piles

used

 for disposal are considered landfills.

“Leachate”

 is liquid that has been

or

is

 in contact with

solid waste.

“Malodorous

odor”

odor

caused

contaminants

the

atmosphere

 in sufficient quantities and

 of such character-

istics

and

duration

injurious

human,

plant,

animal

 life,

 to health,

or

 to property,

or

 to unreasonably

interfere with the enjoyment of life or property.

“New” means

 a facility or

 unit:

86-721

—12—

For landfills exempt

 from permit requirements pursuant

to Section

 21(d)

of

 the Act, which has not ye~accepted

waste as of

 the effective date of

 these regulations;

and

For permitted landfills;

 for which no development or

operating permit has been issued by the Agency pursuant

to

35

 Ill. Mm.

 Code 807 as

of

 the effective date

of

these regulations.

For all landfills,

 a unit whose maximum design capacity

or

if

 its lateral extent

 is to

 be increased after

the

date these regulations

 take effect.

“Operator”

 is the person,

 as defined

 in the Act,

 responsible

for

 the operation and maintenance

of

 a solid waste disposal

facility.

“Permit area”

 is the entire surface

 area occupied by

 a per-

mitted solid waste disposal facility.

“Putrescible waste” means

 a solid waste

 that contains organic

 matter capable of being decomposed

 by microorganisms with

sufficient rapidity as

 to cause

 a malodorous odor, gases,

or

other offensive conditions, and capable of providing food for

birds and vectors.

 Putrescible wastes may form

 a con-

taminated leachate

 from microbiological degradation,

 chemical

processes,

 and physical processes.

 Putrescible waste

includes,

but

 is not limited

 to: garbage, offal,

 dead ani-

mals,

 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.

“Runoff” means water which flows overland as

 a result of pre-

cipitation before entering

 a defined stream channel or

precipitation that falls directly

in

 a stream channel.

“Seismic Slope Safety Factor”

 is the ratio between resisting

forces

 or moments

 in a

 slope and

 the driving forces or mo-

ments that may cause

 a massive slope failure during an earth-

quake or other seismic event

 such as an explosion.

“Shredding”

 is the mechanical reduction

 in particle sizes of

solid waste.

 Putrescible waste

 is considered shredded

if

90

percent by dry weight passes

a

 3 inch sieve.

“Significant Modification”

is

 a modification

 to an approved

permit

 in which changes

 to one or more of

 the following are

to occur:

The capacity of the waste disposal unit will be in-

creased over

 the permitted capacity;

The placement of daily or

 intermediate cover will

be

changed;

86—722

—13—

The performance,

 efficiency or

 longevity of the liner

system will

 be decreased;

The efficiency or performance

 of the leachate collection

system will

 be decreased;

The configuration,

 performance,

 or efficiency

 of the

leachate management system will

 be affected;

The final disposition of treated effluent or the quality

of the discharge

 from the leachate treatment or

pretreatment system will

 be affected;

A gas management system will

 be installed,

 or the

efficiency or performance of

 an existing gas management

system will

 be decreased;

The performance

 or operation of the surface water

control system will

 be affected;

A decrease

 in the quality or quantity of data from any

environmental monitoring

 system will occur;

A change in the applicable background concentrations

or

 the maximum allowable concentrations will occur;

A change

 in the design or

 configuration of the regraded

area will occur;

The amount

 or type of postclosure

 financial assurance

will change;

The permit boundary will be changed;

The postclosure land use

 of the property will

 change;

A remedial action to protect groundwater

 is necessary;

The permit

is

to

 be transferred

to

 a new operator;

or

Operating authorization

 is being sought

 to place

 into

service

 a structure constructed pursuant

to

a

construction quality assurance program.

“Solid Waste” means waste defined

at

35

 Ill.

 Adm. Code

721.102, except that,

 for the purposes of

35

 Ill.

 Adrn.

 Code

811—815,

hazardous

wastes

regulated

pursuant

to

 35 Ill.

 Adm.

Code

700—749

are

excluded.

Solid

waste

includes

the

subcategories of

 inert, putrescible and chemical wastes,

as

well

 as special waste

 as defined in the Act.

“Static Safety Factor”

 is the ratio between resisting forces

or moments

in

 a slope

 and the driving forces or moments

 that

may

cause

massive

slope

failure.

86— 723

—14—

“Surface impoundment” means

 a natural topographic depression,

man—made excavation,

 or diked area that

 is designed

 to hold

liquid wastes

 or wastes

 containing

 free liquids

for

disposal.

 Surface

 impoundments may be subject

 to the

permitting requirements

of

35

 Ill.

 Adm.

 Code

 309.

“Unit”

is

 a contiguous area used for solid waste disposal.

“Waste pile” means

 a noncontainerized mass of

 solid,

non

flowing waste placed on land

 for disposal.

Section 810.104

 Incorporation by Reference

a)

 The Board incorporates the following material

by

reference:

 40 CFR 141.40

 (1987).

b)

 This incorporation includes no later amendments

or

editions.

SOURCE:

 Adopted

 in R88—7

at

 Ill.

 Reg.

_____

effective

86—724

-15-

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART

811

STANDARDS

 FOR NEW SOLID WASTE LANDFILLS

SUBPART

 A: GENERAL STANDARDS FOR ALL LANDFILLS

Section

811.201

811.202

811.203

811 .204

811.205

SUBPART

C:

Section

811.301

811.302

811.303

811.304

811.305

811.306

811.307

811.308

811.309

811.310

811. 311

811.312

811. 313

811. 314

811.315

811.316

811.317

811.318

Scope and Applicability

Determination

 of Contaminated Leachate

Design Period

Final

Cover

Requirements

Final Slope and Stabilization Standards

ADDITIONAL STANDARDS FOR PUTRESCIBLE AND

CHEMICAL

WASTE LANDFILLS

Scope

and

 Applicability

Location Standards

Design Period

Foundation and Mass Stability Analysis

Standards for Foundation Construction

r~inerSystems

Standards

for

the

Leachate

Drainage

System

Standards

 for the Leachate Collection System

 Leachate Treatment and Disposal Systems

Landfill Gas Monitoring

Standards for Landfill Gas Management Systems

Landfill Gas Processing

 and Disposal Systems

Intermediate

Cover

Requirements

Standards

for

the

Final

Cover

System

Hydrogeological Site

 Investigations

Plugging and Sealing of Drill Holes

Groundwater

Impact

Assessment

Standards

for

 the Design,

 Construction,

 and Operation

of

 a Groundwater Monitoring Program

Section

811.101

 Scope and Applicability

811.102

 Location Standards

811.103

 Surface Water Drainage

811.104

 Survey Controls

811.105

 Compaction

811.106

 Daily Cover

811.107

 Operating Standards

811.108

 Salvaging

811.109

 Boundary Control

811.110

 Standards

 for Closure

811.111

 Postclosure Maintenance Standards

SUBPART

ADDITIONAL

STANDARDS

FOR

INERT

WASTE

LANDFILLS

86—725

—16—

811. 319

811.320

811. 321

811.322

Procedures

 for Groundwater Monitoring Programs

Groundwater Quality Standards

Standards

 for Waste Placement

Final Slope

 and Stabilization Standards

SUBPART

D:

 STANDARDS FOR IDENTIFICATION AND MANAGEMENT OF

SPECIAL WASTES

Section

811.401

811.402

811 .403

811.404

811.405

811.406

Section

811.600

SUBPART G:

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

Scope and Applicability

Notice To Generators and Transporters

Special Waste Manifests

Identification Record

Recordkeeping

Requirements

Procedures

 for Excluding Regulated Hazardous Wastes

SUBPART

CONSTRUCTION

QUALITY

ASSURANCE

PROGRAMS

Scope

and

Applicability

Duties and Qualifications

 of Key Personnel

Inspection Activities

Sampling

Requirements

Documentation

Additional

 Requirements

 for Foundations

 and Subbases

Additional Requirements

 for Compacted Earth Liners

Additional

 Requirements

 for Geomembranes

Additional Requirements

 for Leachate Collection

Systems

SUBPART

F:

 STANDARDS

 FOR SPECIFRIC WASTE STREAMS

(Reserved)

FINANCIAL ASSURANCE FOR CLOSURE AND AND POSTCLOSURE

CARE

Scope and Applicability

Upgrading Financial Assurance

Release of Financial Institution

Application of Proceeds and Appeal

Cost Estimate for Closure and Postclosure

Revision of Cost Estimate

Mechanisms

 for Financial Assurance

Use

 of Multiple Financial Mechanisms

Use of

 a Financial Mechanism for Multiple Sites

Trust Fund for Unrelated Sites

Trust

 Fund

Surety

Bond

Guaranteeing

Payment

Surety Bond Guaranteeing Performance

Letter

Credit

Closure Insurance

Section

811.501

811.502

811.503

811.504

811.505

811.506

811.507

811.508

811.509

86—726

—17—

811.715

 Self—Insurance

 for Non—commercial Sites

811.716

 Letter of Credit

AUTHORITY:

Implementing

Sections

21,

21.1,

and

22.17,

and

authorized by Section

 27 of

 the Environmental Protection Act

(Ill.

 Rev.

 Stat.

 1985,

 ch. 111 1/2, pars.

 1005,

 1021,

 1021.1,

1022,

 1027 and 1022.17).

SOURCE:

 Adopted

 in R88—7 at

 Ill.

 Reg.

_____,

effective

__________________

NOTE:

 Capitalization

 is used

 to indicate that

 the language

quotes or paraphrases

 a statute.

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

h:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART

811

STANDARDS

FOR

NEW

SOLID

WASTE

LANDFILLS

SUBPART

A:

 GENERAL STANDARDS FOR ALL LANDFILLS

Section 811.101

 Scope and Applicability

The standards

 in this

 Subpart shall apply to all new landfills,

except

those

regulated

pursuant

Ill.

Adm.

Code

700—749.

This

Subpart

contains

 general standards applicable

 to all

landfills.

 Additional standards for landfills which dispose only

inert waste are contained

 in Subpart

B.

 Additional standards for

landfills

 which dispose chemical and

putrescible

waste

are

contained

 in Subpart

C.

Section

811.102

Location

Standards

a)

 The facility shall not invade or diminish the scenic,

recreational and fish and wildlife values

 for any river

designated for protection

 under

 the Wild and Scenic

Rivers

Act,

 16 USC

 1271 et

 seq.

The

facility

shall

 riot restrict the flow

of

 a 100—year

flood,

 result

 in washout of solid waste from the 100—

year flood,

or

 reduce the temporary water storage capac-

ity

of

 the 100—year floodplain,

 unless measures are

undertaken to provide alternate storage capacity.

 The facility shall

 not be located

 in areas where

 it may

pose

threat

harm

destruction

the

features

for

which

 irreplaceable historic,

 or archaeological

 site

was listed pursuant to

 the National Historic Pre-

servation Act,

 16 USC 470 et seq.

 or the Illinois

Historic Preservation Act,

 Ill.

 Rev.

 Stat.

 1985,

ch.

86—7 27

—18—

127,

 par.

 133(d)(l)

et

 seq. for which a Natural Landmark

was designated by

 the National Park Service or the

Illinois State Historic Preservation Officer,

 or for

which

 a natural

 area was designated as

 a Dedicated

Illinois

Nature

Preserve

 pursuant

 to the Illinois

Natural Areas Preservation Act,

 Ill.

 Rev.

 Stat.

 1985,

ch.

 105 par.

701

et

 seq.

d)

 The facility shall not be located

 in areas where

 it may

jeopardize

 the continued existence

 of any designated

endangered

 species, result

 in the destruction or adverse

modification of the critical habitat listed

 for such

species,

 or cause or

 contribute

 to the taking of any

endangered

or

 threatened

 species of plant,

 fish or

wildlife listed pursuant

 to the Endangered Species Act

16 USC 1531 et seq.,

or

 the Illinois Endangered Species

Protection Act,

 Ill.

 Rev.

 Stat.

 1985,

ch.

8,

 par.

 331 et

seq.

e)

 The facility shall not

cause

 violation of Section

404

of the Clean Water Act,

 33 USC

 1342.

f)

 The facility shall not cause

 a nonpoint source of pol-

lution that violates applicable

 legal requirements

implementing an areawide or statewide water

 quality

management plan that has been approved under Section 208

of the Clean Water

 Act,

 33 USC 1288.

Section 811.103

 Surface Water Drainage

a)

 Runoff From Disturbed Areas

1)

 Runoff from disturbed areas resulting

 from precip-

itation events less than or equal

 to the 25—year,

24—hour precipitation event that

 is discharged

to

waters of the State

 shall meet the requirements

of

35

 Ill.

 Adm. Code

 304.

2)

 All discharges

 of runoff from disturbed areas

to

waters of

 the State shall

 be permitted by the

Agency

 in accordance with

 35 Ill. Mm.

 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

placed

 and ero-

sional stability

 is provided by the vegetative

or

other cover meeting

 the requirements of 811.205 or

811. 321.

86—723

—19—

5)

 All discharge structures

 shall

 be designed

to

prevent

erosion

and

scouring

the

receiving

stream channel.

b)

 Diversion of Runoff From Undisturbed Areas.

1)

 Runoff from undisturbed areas shall

 be diverted

around

disturbed

 areas

 to the maximum practical

extent.

2)

Diversion

facilities

 shall

 be designed

 to prevent

runoff from the 25—year, 24—hour precipitation

event from entering disturbed areas.

3)

 Runoff from undisturbed

 areas which becomes com-

mingled with runoff from disturbed areas shall

be

handled

as

 runoff from disturbed areas and treated

in accordance with subsection

 (a),

 above.

4)

 All diversion structures

 shall

 be designed

to

prevent erosion

and

scouring

 the diversion

channel

 and downstream channels.

5)

 All diversion structures shall

 be operated until

the final cover

 is placed and erosional

 stability

is provided by

the

 vegetative

 or other

 cover

meeting

 the requirements of

 811.205 or 811.321.

Section 811.104

 Survey

 Controls

The

boundaries

 o~all waste disposal units,

 property

boundaries,

 disturbed areas,

and

 (if applicable)

the

permit area shall

 be surveyed and marked by

 a profes-

sional land

 surveyor.

b)

 All stakes and monuments

 shall

 be clearly marked for

identif i.cation.

All

stakes

and

monuments

shall

inspected

and

 surveyed

annually by a professional

 land surveyor.

 Missing stakes

and monuments

 shall

 be replaced.

Control

Monuments

shall

established

check

vertical

elevations.

 The control monuments shall

 be established

and maintained by a

professional

land

surveyor.

Section 811.105

 Compaction

All waste

 shall be deposited

 at the lowest part of

 the active

face

and

compacted

the

highest

possible

density

necessary

minimize void space and settlement.

86—7 29

—20—

Section 811.106

 Daily Cover

a)

 A uniform layer

 of at least

 six inches

 of clean soil

material shall be placed on all exposed waste by the end

of each day of operation.

b)

 Alf~ernatematerials or procedures,

 including

 the removal

daily

cover

prior

additional

waste

placement,

may

be

used,

provided

that

the

 alternate materials

or

procedures achieve equivalent

 or superior performance

to

the requirements of subsection

(a)

in

 the following

areas:

1)

 Prevention of blowing debris;

2)

 Minimization

 of access

 to the waste by vectors;

3)

 Minimization of the threat of fires

at

 the open

face;

and

4)

 Minimization of odors.

Section 811.107

 Operating Standards

a)

 Phasing of Operations

1)

 The placement of waste shall begin

 in the lowest

possible

part

the

unit.

Waste

disposal

opera-

tions

 shall move from the lowest portions of

the

unit

 to the highest portions.

2)

 Waste

 shall

 be placed

in

 a manner and at such

a

rate that mass stability

 is provided during

all

phases of operation.

3)

 The phasing of operations

at

 the facility shall be

designed

 in such

 a way as

 to allow the sequential

construction,

filling,

and

closure

discrete

units or parts

 of units.

The

operator

shall

dispose

 of wastes

in

 a manner

which will facilitate

 the filling to final grade

and

minimize

the

operational

phase

each

discrete

unit

 or parts of

 units.

b)

 Size and Slope of Working Face

1)

 The working

 face

 of the unit shall

 be no larger

than necessary to conduct operations

in

 a safe and

efficient manner.

2)

 The slopes of

 the working

 face area shall be

no

steeper

 than

2

to

1

 (horizontal

 to vertical)

 unless

the

waste

stable

steeper

slopes.

36—730

—21—

c)

 Equipment

Properly maintained equipment shall

 be available for use

at the facility during all hours of operation

in

sufficient numbers and

 of such type

 as are necessary

to

achieve and maintain compliance with the requirements

of

this Part.

d)

 Utilities

All utilities necessary for the safe and efficient

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 and minimizes system

downtime.

 Each system shall

 be maintained

to

operate

at

maximum efficiency throughout

 its operational life.

f)

 Open Burning

Open burning

 is prohibited except in accordance with

35

Ill.

 Adm. Code

 200—245.

g)

 Dust Control

The operator shall

 implement methods of controlling dust

in order

 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—905.

i)

 Vector Control

The operator shall implement measures

 to control

the

population of disease

 and nuisance vectors.

Fire

Protection

The operator shall take measures

for

 fire protection.

k)

 Litter Control

1)

 The operator shall patrol

 the facility daily for

litter.

 All litter shall

 be collected and placed

86—731

—22—

in

the

 fill

or

 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.

Section 811.108

 Salvaging

a)

 All salvaging operations

 in’which solid waste

 is re-

turned

to

 a beneficial use shall

 in no way interfere

with the operation of

 the waste disposal facility,

result

in

 a violation

 of any standard in these regula-

tions,

 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)

 All salvaged materials shall

 be removed from the site

immediately

shall

 be stored

 so as not to

 create a

nuisance,

 harbor vectors,

 cause odors,

 or create

an

unsightly appearance.

Section 811.109

 Boundary Control

a)

 The open face area of

 the unit and all other areas that

may cause

 a threat

 to public health and safety shall

be

secured against unauthorized

 entry at all times.

b)

 A permanent sign shall be posted at the entrance

 to the

facility stating

 the following information:

1)

 Permit number

 (if applicable);

2)

 Hours of operation;

3)

 Penalty for unauthorized trespassing and dumping;

4)

 Name and telephone number

 of an authorized agent

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

operator

 of the facility.

Section 811.110

 Standards

 for Closure

a)

 The final slopes shall be designed

 to complement and

blend with the surrounding topography.

A6-732

—23—

b)

 All drainage ways and swales shall

 be designed

 to safely

pass

 the runoff

 from the

 100—year,

 24—hour precipitation

event without scouring or

 erosion.

c)

The

 final contours shall be compatible with

 the proposed

land use of the area.

d)

 The final configuration of the facility shall be de-

signed in a manner that minimizes

 the need

for

 further

maintenance.

Section 811.111

 Postclosure Maintenance Standards

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 decontaminate all facilities, equip-

ment and structures

 and remove all equipment and struc-

tures

 not necessary

for

 the postclosure land

 use.

c)

 Maintenance and Inspection

 of the

 Final Cover and

Vegetation

1)

 Frequency of

 Inspections

A)

 The operator shall conduct

 a quarterly inspec-

tion of all vegetated surfaces

for

 a minimum

of five years

 after closure; and

B)

 After

 five years,

 the operator may reduce the

frequency

to

 to annual inspections until

settling has stopped and there

are

 no eroded

or scoured areas.

2)

All

rills,

gullies

 and crevices

 identified

 in the

inspection shall

 be filled.

 Areas 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 shall

 be revegetated.

86—733

—24—

SUBPART

B:

 ADDITIONAL STANDARDS FOR INERT WASTE LANDFILLS

Section 811.201

 Scope and Applicability

The standards of

 this Subpart,

 in addition to the requirements

of

Subpart

A,

 shall apply

 to all new landfills

 in which only inert

waste

is

 to be placed.

Section 811.202

 Determination of Contaminated Leachate

a)

 Leachate shall

 be considered contaminated

if

 it contains

concentrations

 of constituents greater than the

standards

 for public water supplies,

 35 Iii.

 Adm.

 Code

302.301,

 302.304, and 302.305.

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

resembling

 the liquid expected to infiltrate

through

 the waste.

c)

 Actual samples

 of leachate from an existing solid waste

disposal unit 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

 life

 of the unit plus five years.

Section 811.204

 Final Cover Requirements

A minimum of three

 feet of soil material of

 a quality sufficient

to insure vegetation and provide erosional stability shall

be

applied over all disturbed areas unless no vegetation

is

 required

for the postclosure land use.

 In this case the requirements of

86—734

—25—

811.205

 (b) will not apply;

 however,

 the final surface shall

be

erosionally stable.

Section 811.205

 Final Slope and Stabilization Standards

a)

 The waste disposal unit shall achieve

 a minimum static

slope safety factor

 of 1.5 and

 a minimum seismic safety

factor

of

 1.3.

b)

 Standards

 for Vegetation

1)

 Vegetation shall

 be promoted on all reconstructed

surfaces to minimize wind and water erosion;

2)

 Vegetation

 shall

 be compatible with the climactic

conditions;

3)

 Vegetation shall

 require little maintenance;

4)

 Vegetation shall consist of

 a diverse mix

 of native

and introduced

 species consistent with the

postclosure land

 use; and

5)

 Temporary erosion control measures including,

but

not limited

 to, mulch,

 straw,

 netting, and chemical

soil stabilizers,

 shall be undertaken while

vegetation

 is being established.

SUBPART C:

 ADDITIONAL STANDARDS FOR PUTRESCIBLE AND CHEMICAL

WASTE LANDFILLS

Section 811.301

 Scope and Applicability

In addition

 to the requirements

of

 Subpart

A,

 the standards

of

this Subpart apply to all landfills

 in which chemical and

putrescible wastes are

 to be placed.

Section 811.302

 Location Standards

part

unit

shall

 be located within

 a setback zone

established pursuant

 to Section 14.2

 or 14.3 of the Act;

b)

 No part

of

 a unit shall

 be located within the recharge

zone or within

 1200 feet,

 vertically or horizontally,

of

a sole—source aquifer designated

 by the United States

Environmental Protection Agency pursuant

 to Section

1424(e)

 of the Safe Drinking Water

 Act,

 42 USC

300

(f)

et seq.

 unless there

is

 a stratum between

 the bottom of

the waste disposal unit and the top of the aquifer that

meets the following minimum requirements:

1)

 The stratum has a minimum thickness

of

50

 feet;

86—735

—26—

2)

 The maximum hydraulic conductivity

 in the

horizontal

 and vertical direction

 is no greater

than lxlO7

 cm/sec,

 as determined by

 in situ bore-

hole or equivalent tests;

3)

 There

 is.,no indication

of

 continuous sand or silt

seams,

 faults,

 fractures,

 cracks, or

 slickensides

within the stratum that may provide paths

for

 migration;

and

4)

 Age dating of extracted water samples

 from both the

aquifer and the stratum indicates that the time of

travel for water percolating downward through the

relatively impermeable stratum is

 no faster than

50

feet

 in 100 years.

 A facility located within 500 feet

 of the right

 of way

of

 a state or interstate highway shall

 be screened from

view by natural objects, fences,

 barricades,

 or plants.

d)

 No part

of

 a unit shall

 be located closer than 500 feet

from occupied dwellings,

 schools,

 and hospitals unless

the owner provides permission

 to the operator,

in

writing,

for

 a closer distance.

e)

 The facility shall not be located closer than 5000 feet

of any runway used by piston type aircraft

 or within

10,000 feet of any airport runway used by turbojet

aircraft.

Section 811.303

 Design Period

a)

 The design period

 for putrescible and chemical waste

disposal units

 shall be the estimated operating

 life

plus

 30 years unless measures are undertaken

 in compli-

ance with subsections

(b)

and

(c)

 to encourage stabili-

zation of putrescible waste.

b)

 The design period

for

 a disposal unit which accepts only

putrescible waste

 in shredded form shall be

 the esti-

mated operating

 life plus 20 years.

c)

 The design period

for

 a permitted putrescible waste

disposal unit that recycles leachate in accordance with

Section 811.309

(e)

 shall be the estimated operating

life plus

 20 years.

Section 811.304

 Foundation and Mass Stability Analysis

a)

 The material beneath

 the unit shall

 have sufficient

strength

 to support the weight

 of the unit during all

phases of construction and operation.

 The loads and

loading

 rate shall

 not cause or

 contribute

 to the fail-

ure of the liner

 and leachate collection systems.

86—736

—27—

b)

 The total settlement

 or swell

of

 the foundation shall

not cause

 or contribute

 to the failure

 of the liner and

leachate collection systems.

c)

 The solid waste disposal unit shall achieve a safety

factor against bearing capacity failure of 2.0 under

static conditions and 1.5 under seismic loadings.

d)

 The waste disposal unit shall achieve

 a factor of safety

against slope failure of 1.5 for static conditions and

1.3 under seismic conditions.

e)

 In calculating factors of

 safety both long term and

short term conditions

 shall

 be considered.

f)

 The potential

 for earthquake

 or blast induced liquefac-

tion,

 and its effect on the stability and integrity of

the unit shall

 be considered and taken

 into account in

the design.

 The potential

 for landslides or earthquake

induced liquefaction outside

 the unit shall be

considered

 if such events could affect the unit.

Section 811.305

 Standards

 for Foundation Construction

a)

If

the

 in situ material provides insufficient strength

to meet

 the requirements of 811.304 then

the

insufficient material shall

 be removed and replaced with

clean materials sufficient

 to meet the requirements

of

811. 304.

b)

 All trees,

 stumps,

 roots,

 boulders and debris shall

be

removed.

c)

 All material shall

 be compacted

 to achieve the required

strength and density properties

 in conformance with

a

construction quality assurance plan.

d)

 Placement of frozen soil or soil onto frozen ground

is

prohibited.

e)

 The foundation shall

 be constructed and graded

 to pro-

vide

 a smooth, workable surface on which to construct

the liner.

Section 811.306

 Liner Systems

a)

All

 units shall

 be equipped with

 a leachate drainage and

collection system and a compacted

earth

liner

designed

as an

 integrated system

 in compliance with the

requirements

 of this section and 811.307 and 811.308.

b)

 The liner and leachate collection system shall be stable

during

 all phases of construction and operation.

The

side slopes shall achieve

 a minimum static safety factor

86—737

—28—

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

 3 feet.

2)

 The liner

 shall

 be compacted

 to achieve

 a maximum

hydraulic conductivity

 of lxlO7

 cm/sec.

The

liner

 shall

 be compacted to minimize void

spaces and support

 the loadings imposed by the

waste

 disposal operation without settling

 so as to

cause or contribute

 to the

 failure of the leachate

 collection system.

4)

 The liner

 shall be constructed

 from materials

compatible with

 the constituents of the leachate

expected

 to be produced.

 Alternate specifications,

 using standard construc-

tion techniques,

 for hydraulic conductivity and

liner

 thickness may be utilized,

 provided that:

A)

 In no case shall

 the liner thickness be less

than

 3 feet;

and

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

Geomembranes

 may be used only

 in conjunction with

a

compacted

earth

liner

 system meeting

 the require-

ments of 811.306

(d)

and

 a leachate drainage and

collection system meeting

 the requirements of

811.307 and 811.308.

2)

 The geomernbrane

 shall be supported

by

 a compacted

base free

 from sharp objects.

 The geomembrane

shall

 be chemically compatible with the supporting

soil materials.

3)

 The geomembrane material shall be compatible with

the leachate expected

to

 be generated.

86—738

—29—

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.

Seams

 shall

 be made

 in the field

 according

 to the

manufacturer’s

specifications.

All

sections

shall

be arranged

 so that the use of field

 seams

is

minimized and seams

 are oriented

 in the direction

subject to the least amount of stress.

6)

 The leachate collection system shall

 be designed

to

avoid,

 to the maximum extent possible,

 openings

through

the

geomembrane.

f)

 Slurry Trenches and Cutoff T~allsUsed to Prevent Migra-

tion

 of Leachate

1)

 Slurry trenches and cutoff walls shall

 be used only

in conjunction with

 a compacted earth liner and a

leachate drainage system meeting

 the requirements

of 811.306

 (d) and 811.307 or

 as part

of

 a remedial

action required by 811.319.

2)

 Slurry trenches and cutoff walls shall extend into

the bottom confining layer to a depth sufficient

to

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.

Slurry

 trenches and cutoff walls shall

 be stable

under

 all conditions,

 including long

 term,

 short

term and end of construction.

 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 which insures that all material

and construction methods meet design

specifications.

g)

 Liner configurations other

 than those specified

in

 this

section, special construction techniques,

 and admixtures

may be utilized,

 provided that:

86—739

—30—

1)

 The alternate

 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

 implemented.

Section 811.307

 Standards

 for the Leachate Drainage System

a)

 The leachate drainage system shall

 be designed and

constructed

 to operate

 for the entire design period.

b)

 The system, shall be designed in conjunction with the

leachate collection system required by Section 811.308

to maintain

 a maximum head

 of leachate one foot above

the liner under

 the following conditions:

1)

 During

 the month having the highest average monthly

precipitation,

2)

 Assuming the unit

is

 at field capacity,

3)

 Assuming the final cover

is

 in place, and

4)

 For units with

 the bottom of the liner located

 within the saturated

 zone,

 assuming the groundwater

table

 is at its seasonal high level.

c)

 A drainage layer shall overlay

 the entire

 liner sys-

tem.

 This drainage layer

 shall be

no

 less than one foot

thick and shall have

 hydraulic conductivity equal to,

greater

than

lxl0

cm/sec.

d)

 The drainage

 layer

 shall

 be designed

 to maintain laminar

flow throughout

 the drainage layer under the conditions

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.

g)

 Units with the bottom of the liner located within the

saturated zone shall

 be designed

 to maintain

 a minimum

of one foot between the highest elevation of

 the liner

and the seasonal low water table elevation.

86—7’~0

—31—

Section 811.308

 Standards for the Leachate Collection System

a)

 The leachate collection system shall be designed and

 constructed to function for the entire design period.

b)

 Collection pipes shall be designed as open channels

to

convey leachate under the conditions established in

811.307

 (b).

c)

 Collection pipes shall be of sufficient cross sectional

area to allow 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 shall possess sufficient

structural strength to support the maximum loads iitposed

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 poriod.

h)

 Leachate shall be able to drain freely fcorn the collec-

tion pipes.

 If swaps sre used then pumps shall remove

the collected leschate before the level of leachate in

the sump’s rises above

the

invert of the collection ptpes

under

 the conditions established in 311.307

 (b).

Section 811.309

 Leachate Treatment and Disposal Systems

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 an leachate as it drains from

the collection system.

 The leachate management system

shall consist of any combination of storage, treatment,

pretreatment, and disposal options designet and

constructed in compliance with the cequirements of this

section.

b)

 The leachate management system shall consist of any

combination of multiple treatment and storage struc-

tures, to allow the management and disposal of leachate

during routine maintenance and repairs.

c)

 Standards for Onsite Treatment and Pretreatment

q6--741

—32—

1)

 All onsite treatment or pretreatment systems shall

be

 considered part

of

 the facility.

2)

 The onsite treatment or pretreatment system shall

be designed

 in accordance with accepted engineering

practice based upon the expected characteristics

of

the leachate.

 The design may include modifications

to the system necessary to accommodate changing

leachate characteristics.

3)

 The onsite treatment

 or pretreatment system shall

be designed to function

 ‘for the entire design

period.

4)

 All unit operations,

 tanks, ponds,

 lagoons and

 basins shall

 be designed and constructed with

liners or

 containment, structures

 to control seepage

to groundwater.

5)

 All treated effluent discharged

 to waters of the

State shall meet the requirements

 of 35

 Ill.

 Adm.

Code 309.

6)

 The treatment system shall be operated by an opera-

tor 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 store

at least five days’ worth of accumulated leachate

at the maximum generation

 rate.

2)

 All leachate storage

 tanks shall be equipped with

secondary containment systems.

3)

 Leachate storage systems shall

 be fabricated

 from

material compatible with the leachate expected

to

be generated and resistant

 to temperature extremes.

4)

 The leachate storage

 system shall

 not cause or

contribute

to

 a malodorous odor.

e)

 Standards

 for Discharge

 to an Offsite Treatment Works

1)

 Leachate may be discharged

 to an offsite treatment

works

 that meets

 the following requirements:

A)

 ~.lldischarges

 of effluent from the treatment

works

 shall meet the requirements

of

35

 Ill.

Adm.

 Code

 309.

~A—742

—33—

B)

 The treatment

 system shall

 be operated by an

operator certified under

 the requirements

of

35

 Ill.

 Adm.

 Code 312.

C)

 No more than 50 percent of

 the average daily

influent flow can be attributable to leachate

from the solid waste disposal facility.

Otherwise,

 the treatment works shall be

considered

 a part of

 the solid waste disposal

facility.

2)

 The operator

 is responsible

 for securing permission

from the offaite treatment works governing

authority to discharge to the the treatment works.

3)

 All discharges

to

 a treatment works shall meet the

requirements

 of any applicable pretreatment

ordinances.

4)

 Pumps,

 meters,

 ‘:alves and monitoring stations that

control

 and monitor

 the flow of leachate from the

unit shall be considered part

 of the facility and

accessible

 to the operator at all times.

5)

 Leachate ~ha~l h~allowed

 to flow freely into the

sewage

system

all

times;

however,

access

the

treatment

works

restricted

then

alternate

leachate

man~gerient

system

shall

constructed

accordance

with

subsection

(c)~

f)

 Standards

 for Le~chate Recycling ~yeteme

1)

 Lpachat:e r~cyc.ing ~y:~ms

 may b~

utilized

 O~l:1at

permitted

~ante

 dic.posa~. units

that

 meet

the

fol—

lowing

requirements:

The

unit

must

have

 a liner designed,

constructed

and

 maintained

 to meet

the

minimum

standards

 of 811.306.

B)

 The unit

must

have

 a leachate collection stem

in place and operating

 in accordance with

811.307

C)

 A gas management system,

equipped

 with

a

mechanical device such

 a compressor

to

withdraw

 gas,must

 he implemented

 to control

odors

and

prevent

migration

methane

ac--

cordance with 811.311.

D)

 The toocgraphy

 must.

 be such that

any acci-

dental leachate

 runoff can be controlled

by

ditches,

 berms or other equivalent

 control

means.

86 7~:3

—34--

2)

 Leachate shall not be

 recycled during precipitation

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

 to dispose of excess

leachate must be available.

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 perched

 water

conditions and gas buildup or cover

 shall

be

removed prior

 to additional waste placement.

7)

 Daily andintermediate cover

 shall slope away from

the perimeter of~thesite

 to minimize surface

discharges.

g)

 Leachate Monitoring

1)

 Representative samples of leachate shall

 be col-

lected

 from each unit at

 a frequency of once per

month while

 the leachate management system

is

in

operation.

2)

 Discharges of leachate from units

 that dispose of

putrescible wastes shall be tested for the fol-

lowing constituent.s prior

 to treatment

or

pretreatment:

A)

 Five day biochemical oxygen demand

 (BOD5);

B)

 Chemical oxygen demand;

C)

 Total Suspended Solids;

D)

 Total

 Iron;

pH;

F)

 Any other constituents listed on the approved

NPDES discharge permit or required by an

~6--744

-35--

offsite treatment works and present

 in the

leachate;

G)

 Any other constituent of the leachate that may

be present

in

 the leachate and may cause

groundwater contamination beyond

 the zone of

attenuation;

and

H)

 All of

 the indicator constituents used

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 constituents

 listed

 in the ~‘TPDESpermit

that are also constituents

 in the leachate;

D)

 Any other constituent of

 the leachate

that

may

be present

 in the leachate and

may

cause

groundwater contamination beyond the zone of

attenuation;

and

E)

All

 of the

 indicator constituents used for

qroundwater monitorinc.

g)

 Time

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 applicable

wastewater effluent standards

in

35

 Ill.

 Adm.

 Code

304.124, 304.125, 304.126,

 and do not contain

 a BOD

concentration greater than

 30 mg/L for

6

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 intervals

and elevations within the waste

 to provide

a

8~745

—36—

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 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.

4)

 Gas monitoring devices shall

 be constructed from

material that will

 not react with or

 be corroded by

the landfill gas.

5)

 Gas monitoring devices

 shall

 be designed and

 constructed

 to measure pressure and allow collec-

tion of a representative sample of gas.

6)

 Gas monitoring devices shall be constructed and

maintained to minimize gas leakage.

7)

 Fhe gas monitoring system shall not interfere with

the:operation of the liner,

 leachate collection

system or delay the construction of the final cover

system.

c)

 Monitoring Frequency

I)

 All gas monitoring devices

 and the ambient air

shall be

 sampled 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 quarterly

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 after closure, moni-

toring may be discontinued

if

 the following condi-

tions

 have been met for at least one year:

A)

 The concentration of methane

is

 less than

5

percent of

 the lower explosive limit

 in air

for

 4 consecutive quarters at all monitoring

 points outside

 the unit;

and

56—74iS

—37—

B)

 Monitoring points within the unit indicate

that methane

is

 no longer

 being produced

in

quantities likely to migrate from the unit and

exceed the standards

 of 811.311

(a)

(1)

and

(2).

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;

and

D)

 Oxygen.

2)

 The ambient air at a minimum of

 three downwind

points

 100 feet from the edge

 of the unit or the

property boundary, whichever

 is closer

 to the unit,

shall be monitored for methane.

 Monitoring

 shall

take place when the average wind velocity is less

than

 5 miles per hour.

All

buildings

within

facility

shall

monitored

for methane

 by utilizing continuous detection

devices

 located at the most likely points for

methane

 to enter.

Section 811.311

 Standards

 for Landfill Gas Manaqement Systems

a)

 The operator shall

 install

 a gas management system

if

any one of the following conditions are met:

1)

 Methane attributable

 to the unit

 is detected at any

location at a concentration greater

 than

 50 percent

of the lower explosive

 limit

 in air,

 below the

ground surface,

at

 a point

at

 or beyond

the

property boundary,

or

 100 feet from the edge of

the

unit, whichever

is

 less;

2)

 Methane, attributable

 to the unit,

 is detected at

any location at a concentration greater

 than

50

percent

 of the lower

 explosive limit

 in the ambient

air

at

 a point at or

 beyond the property boundary

or 100 feet

 from the edge

 of the unit,

 whichever

is

less;

3)

 Methane attributable

 to the unit

 is detected at

a

concentration greater

 than

 25 percent of the lower

~(—747

—33--

explosive

 limit

 in air

 in any building on or

 near

the facility;

4)

 Malodorous odors caused by the unit are detected

 beyond the property boundary;

or

5)

 Leachate

is

 recycled

 in accordance with 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),

 (2),

(3)

and

 (4) 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 811.312.

4)

 The gas collection system shall be designed

to

function for

 the entire design period.

 The design

may include changes

 in the system

 to accommodate

changing gas flow rates

 or compositions.

5)

 All materials and equipment used

 in construction

of

the system shall

 be certified

 as safe for use

in

hazardous or explosive environments 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 normal landfill

conditions,

 including settlement.

86—743

—39—

7)

 The gas collection system and all associated equip-

ment including compressors,

 flares,

 monitoring

installations,

 and manholes shall be considered

part

 of the facility.

8)..

 Provisions shall be made for collecting and drain-

ing gas condensate

 to a management system meeting

the requirements of

 811.309.

9)

 tinder

 no circumstances shall

 the gas collection

system compromise the integrity of

 the liner,

leachate collection and cover systems.

10)

 The gas collection system shall be tested to be

airtight to prevent

 the leaking

 of gas from the

collection system or air

 into the system.

11)

 The gas collection system shall be operated until

the waste

 is stabilized and

 no longer producing

methane

 in quantities

 that may exceed

 the minimum

allowable concentrations

 in 811.311

(a)

 (1),

 (2),

(3) and

 (4).

12)

 The gas col.ection

 system shall be equipped with

a

mechanical device, such as

 a compressor, capable

of

withdrawing gas,

or

 be designed

 so that a mechan-

ical device can be easily installed at

 a later

time,

 if necessary,

 to meet

 the requirements

of

811.311

(a)

 (1),

 (2),

 (3) and

 (4).

Section 811.312

 Landfill Gas Processing and Disposal Systems

a)

 The processinq

 of landfill gas for beneficial uses

in

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

monitoring equipment must remain under

 the control of

the operator and shall be considered part

 of the waste

disposal facility.

c)

 No gas may be discharged directly to the atmosphere.

Gas shall

 be treated or burned onsite prior

 to discharge

in accordance with

 a permit issued by the Agency pursu—

ant

to

 35 111.

 Adm. Code 200—245.

d)

 Representative flow rate measurements shall

 be made

of

gas flow into treatment or combustion devices.

86—749

—40—

When

 used for

 the onsite combustion of landfill gas,

flares shall meet the general control device require—

ments

of

35

 Ill.

 Adm.

 Code 230.110.

f)

 Standards

 for Onsite Combustion

 of Landfill Gas Using

Deyices Other Than Flares

1)

At

 a minimum,

 the following parameters shall

be

measured prior

 to treatment or combustion:

A)

 Volatile Organic Compounds;

B)

 Total Chlorine;

C)

 Total Sulfur;

D)

 Carbon dioxide;

E)

 Oxygen;

F)

 Moisture Content;

G)

 Heat Value;

and

H)

 Flow rate.

2)

At

 a minimum,

 the following parameters shall

be

measured after treatment or combustion:

A)

 Particulates;

B)

 Sulfur oxides;

C)

 Hydrochloric acid;

D)

 Carbon monoxide;

B)

 Nitrogen oxides;

F)

 Volatile organic compounds

 (VOC); and

G)

 Other constituents required by permit, based

upon the type of waste streams accepted by the

unit.

3)

 The Agency may specify alternate monitoring

requirements instead

 of those

in

(1)

and

(2)

in

accordance with

 the following:

A)

 The alternate parameters provide an indication

of the gas generation processes occurring

in

the unit;

B)

 The alternate parameters are indicative

of

the

gas constituents expected from the waste;

and

C)

 The monitoring program complies with the

requirements

of

35

 Ill. Adm Code 200—245.

g)

 Landfill gas may

 be transported offsite

to

 a gas

processing facility in accordance with the following

requirements.

1)

 The solid waste disposal facility contributes less

than

 50 percent

 of the total volume

 of gas accepted

by the gas processing facility.

 Otherwise,

the

86—750

—41—

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)

 (2).

3)

 The gas processing facility

 is be sized

 to handle

the expected volume of

 gas.

4)

 The transportation of gas

 to an offsite gas pro-

cessing facility shall

 in no way relieve the opera-

tor

 of the requirements

 of 811.311

 (a).

Section 811.313

 Intermediate Cover Requirements

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 811.311 shall have

 a cover totaling

1

foot of 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 depres-

sions shall

 be repaired to prevent access

 to the solid

waste by vectors,

 to minimize infiltration and to

prevent standing water.

Section 811.314

 Standards for

 the Final Cover System

a)

 The unit shall

 be covered by a final

 cover consisting

of

a low permeability layer overlain by

 a final protective

layer constructed

 in accordance with the requirements

of

this

 section.

b)

 Standards

 For The Low Permeability Layer

1)

 As soon as

is

 reasonably possible,

 but 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:

~ A—

751

—42—

i)

 The minimum allowable thickness shall

be

3 feet;

ii)

 The layer

 shall be cotqpacted

 to achieve

a

permeability

 of lxl0’

 cm/sec. and

minimize void spaces.

iii) Alternate specifications may be utilized

 provided that the performance of

 the low

permeability layer

 is equal

 to or superi-

or to the performance

of

 a layer meeting

the requirements

 of subsections

 (i) and

(ii),

 above.

B)

 A geomembrane constructed

 in accordance with

the following standards:

i)

 The geomembrane shall provide performance

equal

 or superior

 to the compacted earth

layer described

in

A,

 above.

ii)

 The geomembrane shall have sufficient

strength

 to withstand the normal stresses

imposed by the waste stabilization

process.

iii)

 The geomembrane shall be placed over

a

prepared base free from sharp objects and

other materials which may cause damage.

C)

 Any other low permeability layer

 construction

techniques

 or materials,

 provided

 that they

provide equivalent or superior performance to

the requirements

 of this subsection.

d)

 Standards For The Final Protective Layer

1)

 The final protective

 layer shall cover

 the entire

low permeability layer.

2)

 The thickness of

 the final

 layer shall

 be suffi-

cient

 to protect the low permeability

 layer from

freezing and minimize root penetration

 of the low

permeability layer,

 but shall

 not be less than

3

feet.

3)

 The final

 layer shall consist of soil material

capable

 of supporting vegetation.

4)

 The final

 layer

 shall

 be placed

 as soon

 as possible

after placement of the low permeability

 layer

to

prevent desiccation, cracking,

 freezing,

 or other

damage

 to the low permeability

 layer.

36—752

—43—

Section 811.315

 Hydrogeologic Site Investigations

a)

 Purpose

The operator

 shall conduct

 a hydrogeologic investigation

to develop hydrogeologic information

 for the following

uses:

1)

 Provide information

 sufficient

 to perform a ground-

water

 impact assessment;

and

2)

 Provide information sufficient

 to establish

a

groundwater monitoring system.

b)

 General Requirements

1)

 The investigation shall

 be conducted

in

 a minimum

of three phases prior

 to any disposal related

disturbance.

2)

 The study area shall consist of the entire area

occupied by the facility and any adjacent related

areas,

 to the extent necessary to characterize the

 hydrogeology.

3)

 Except

 as otherwise required,

 all borings shall

be

sampled

 at all recognizable points

 of geologic

variation and at

 least every five feet

 in homogen-

eous 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)

 Regional and study area geologic setting;

C)

 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 setting of the unit shall be

established by using material available from

all possible sources,

 including,

 but not

limited

to,

 the Illinois Scientific Surveys,

the Agency,

 other State and Federal organ-

izations, water well drilling logs,

and

previous investigations.

8A—753

—44—

B)

 A minimum of one boring shall

 be drilled

on

the site,

 as close

 as feasible

 to the geo-

graphic center,

 to confirm the the regional

setting

 of the unit.

 The boring shall extend

at least

 50 feet below the bottom of the

uppermost aquifer

 or through the confining

layer below the uppermost aquifer, whichever

elevation

 is higher.

 The boring 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.

The

purpose

 of the Phase

 II study is

 to collect

the

following site—specific information:

A)

 Structural

 attitude and distribution

 of bed-

rock

 and overlying strata;

B)

 Chemical and physical properties

 of underlying

strata

 including,

 but not limited

to,

lithology,

 mineralogy, and hydraulic proper-

ties;

C)

 Soil

 characteristics,

 including

 soil types,

distribution, geochemical and geophysical

characteristics;

D)

 The hydraulic conductivities

 of all strata

above

 the uppermost aquifer;

B)

 The vertical extent of

 the uppermost aquifer;

F)

 The physical and chemical properties

 of the

confining

 layer

 below the uppermost aquifer

G)

 Direction

 of groundwater

 flow.

2)

 Specific Requirements

A)

 A boring shall be located as close

 as feasible

to the topographical high point and 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.

86—754

—45—

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 and the background quality of the

groundwater.

B)

 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,

 geophysical

surveys, aerial photography,

 age dating, and

test pits.

e)

 Minimum Standards

 For A Phase

 III Investigation

1)

 Using the information developed

 in the Phase

II

Investigation,

 the operator shall

 conduc’t a Phase

III Investigation.

 The investigation shall

be

conducted to collect

 the following information:

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 including,

but not limited

 to, sorting, grain size

distribution, cementation and hydraulic

conductivity.

E)

 Identification of zones

 of potentially high

hydraulic conductivity.

F)

 Identification

of

 the confining layer;

G)

 Background concentrations

 in the groundwater

 below the unit down to the bottom of the

uppermost aquifer.

 Background concentrations

shall be established

 for all constituents

for

which standards have been developed by the

Board and any other

 constituent that

is

expected

 to appear

 in the leachate and may

86—755

—46—

cause groundwater contamination.

 In addition,

a broad range chemical detection analysis,

such as

 a gas chromatography,

 mass spec-

trometer scan, shall be performed;

H)

 Characterization

 of the seasonal and temporal,

naturally and artificially

 induced, variations

in groundwater quality and groundwater

 flow.

I)

 Indication

 of unusual

 or unpredicted geologic

features,

 including:

 fault

 zones,

 fracture

traces,

 facies changes, solution channels,

buried stream deposits,

 cross cutting

structures,

 slickensides and other

 geologic

features that may affect the ability of

the

operator

 to monitor

 the groundwater or predict

the impact of the disposal facility on

groundwater.

2)

 Specific Requirements

In addition to the specific requirements applicable

to Phase

 I and

 II investigations,

 the operator

shall collect

 information

 in accordance with the

following:

A)

 New boring locations shall

 be at intermediate

points between the preliminary and Phase

I

borings and

 in other areas

 identified in the

Phase

I

 study as necessary

 to characterize the

study area.

B)

 At least one test pit shall be excavated

to

the same elevation as the bottom of the pro-

posed

 liner within the area

 of each unit.

C)

 All borings

 in the Phase

 II study shall

be

sampled

 at all recognized points of geologic

variation and at

 least every five feet on

homogenous

 strata.

f)

 The operator may conduct the hydrogeologic investigation

in any number

 of alternate phases provided that the

necessary information

 is collected

in

 a systematic

sequence 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 operator,

 and other holes

 that may cause or

facilitate contamination of groundwater

 shall be sealed

in

accordance with the following

 standards:

86—756

—47—

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

backfilled

 with materials such

 as drilling mud, bento—

nite

 or concrete

 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 any

applicable requirements.

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)

 Assumptions

A)

 The operator shall estimate the amount of

seepage from the unit during normal

operations;

B)

At

 a minimum,

 the minimum standards

 for slope

configurations,

 cover design,

 liner design and

leachate collection system design and

operation shall

 be considered

 in an estimate

of the amount

 of leachate seepage from the

unit.

 The design of

 the unit may be improved,

as determined necessary by the operator

to

establish

 an acceptable groundwater impact

assessment 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.

86—757

—48—

3)

 A contaminant transport model

 shall

 be utilized to

estimate the space and time variability of

concentrations

of

 the leachate constituents.

b)

 Acceptable Groundwater Impact Assessment

The results of the assessment shall

 be considered

acceptable

 if the operator predicts that the concentra-

tions

 of all constituents of the leachate outside the

zone of attenuation are less than the applicable water

quality standard,

 as determined

 in Section 811.320,

within 100 years

 of closure

 of the unit.

c)

 Standards

 for the Contaminant Transport Model

1)

 The model shall have

 a history that documents its

ability to represent contaminant

 transport pheno-

menon.

2)

 The set of

 equations representing groundwater

movement and contaminant transport must be theoret-

ically sound

 and well documented.

3)

 The numerical solution methods must be based upon

sound mathematical principles and be supported by

verification and checking techniques.

4)

 The model must

 be calibrated against site specific

field data.

5)

 A sensitivity analysis shall

 be conducted with the

major

 input parameters,

 error tolerance and numer-

ical space and time discretizations.

6)

 Mass

 balance calculations on selected elements

in

the model shall

 be performed

 to verify physical

validity.

 Where

 the model does not prescribe

the

amount of mass entering the system as

 a boundary

 condition,

 this step may

 be ignored.

7)

 Site specific input parameters shall

 be based upon

actual

 field

 or laboratory measurements.

8)

 Input parameters which are not site specific shall

be supported by laboratory test results or equiva-

lent methods.

Section 811.318

 Standards

 for the Design, Construction,

and

Operation

of

 a Groundwater Monitoring Program

a)

 Discharges

to

 be Monitored

All potential sources

 of discharges

 to groundwater

within the facility,

 including,

 but not limited

to,

all

86-75R

—49—

waste disposal units and the leachate management

 system,

shall

 be monitored by

 a network

 of monitoring wells

during the active

 life of the unit and for

 the specified

time after closure.

b)

 Standards

 for the Location

 of Monitoring Points

1)

 A network

 of monitoring points shall

 be established

at sufficient locations downgradient, with respect

to groundwater flow,

 to detect any discharge

of

contaminants from any part

of

 a potential source of

discharge.

2)

 Monitoring wells

 shall be located

 in stratigraphic

horizons that could serve

 as contaminant migration

pathways.

3)

 Monitoring wells shall be established

 as close to

the source

 as possible without interfering with the

waste disposal operations,

 and half

 the distance or

less between the edge

 of the potential

 source

of

discharge and the limit of

 the zone of attenuation

downgradient, with respect to groundwater,

 from the

source.

4)

 The network

 of monitoring points of several

potential sources

 of discharge within

 a single

facility may be combined into a single monitoring

network provided that discharges

 from any part

of

all potential sources can be detected.

5)

 ~t least one monitoring well shall

 be established

at the edge

 of the zone of attenuation down—

gradient, with respect

 to groundwater flow,

 from

the unit.

 Any statistically significant

 increase

over background concentration of any constituent

in

a well located

 at this point shall constitute

a

violation

 of a water quality standard.

d)

 Maximum Allowable Concentrations

The operator shall use the same calculation methods,

data,

 and assumptions as

 the groundwater

 impact

assessment

 to predict

 the concentration over time

 of all

constituents

 to be monitored at all monitoring points.

The predicted values shall

 be used to establish the

maximum allowable concentrations

 at the monitoring

point.

 The maximum allowable concentrations calculated

in this subsection shall

 be applicable within the zone

of attenuation.

86—759

—50—

e)

 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 solvent—cement

type couplings shall not be

 used.

2)

 Wells shall

 be screened

 to allow sampling only at

the desired interval.

 Annular space between the

borehole wall and well screen section

 shall

be

packed with gravel sized

 to avoid clogging by the

material

 in the zone being monitored,

if

necessary.

 The slot size

 of the screen shall

be

designed

 to minimize clogging.

 Screens shall be

fabricated from material expected

 to be

 inert with

respect

 to the constituents of the qroundwater

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

to

prevent contamination of samples and groundwater

and avoid

 interconnections.

 The seal shall extend

to the highest known seasonal groundwater level.

4)

 The annular space shall

 be backfilled with

expanding cement grout from an elevation below

the

frost line and mounded above

 the surface and sloped

away

 from the casing so

as

 to divert surface water

away.

5)

 The annular space between

 the upper and lower

 seals

and

 in the unsaturated zone may be backfilled with

uncontaminated

 cuttings.

6)

 All wells shall be covered with vented caps and

equipped with devices

 to protect against tampering

and damage.

7)

 All wells

 shall be developed

 to allow free entry of

water, minimize turbidity

 of the sample,

and

minimize clogging.

8)

 The transmissivity of the zone surrounding all well

screens should

 be established by field testing

techniques.

9)

 Other

 sampling methods and well construction

 techniques may be utilized provided that

 they

provide equal

 or superior performance

 to the

requirements

 of this subsection.

86—76n

—51—

h)

 Standards

 for Sample Collection and Analysis

1)

 The groundwater monitoring program shall include

consistent sampling and analysis procedures

to

assure that monitoring

 results will provide

a

reliable indication of groundwater quality

 in the

zone

 being monitored.

2)

 The operator shall utilize procedures and

techniques

 to insure that collected samples are

representative

 of the zone being monitored and that

prevent cross contamination of samples from other

monitoring wells or from other samples.

 At least

95 percent of a collected sample shall consist

of

groundwater from the zone being monitored.

3)

 The operator

 shall establish a quality assurance

program that provides quantitative detection limits

and the degree

 of error

 for analysis of each

chemical constituent.

4)

 The operator shall establish

 a sample preservation

and shipment procedure that maintains the

reliability of the sample collected for analysis.

5)

 The operator shall institute

 a chain

 of custody

 procedure

 to prevent tampering and contamination of

the collected samples prior

 to completion

of

analysis.

6)

 At a minimum,

 the operator shall sample the fol-

lowing parameters

 at all wells at the time of

sample collection and immediately before filtering

and preserving samples for shipment:

A)

 Elevation

 of water table

B)

 Depth

 of well below ground

C)

pH

D)

 Temperature

 of sample

B)

 Specific Conductance

Section 811.319

 Procedures

 for Groundwater Monitoring

Programs

a)

 Detection Monitoring Program

The operator shall implement

 a detection monitoring

program

 in accordance with the following requirements:

1)

 Monitoring Schedule and Frequency

86—761

—52—

A)

 The operator shall

 sample all monitoring

points

for

 all potential

 sources

 of contamina-

tion on

 a quarterly basis

 throughout

 the time

the source constitutes

 a threat

 of contam-

ination and for a minimum of

 5 years there-

after.

 For waste disposal units, the

monitoring period shall

 begin

 as soon as waste

is placed into the unit and shall continue

for

a minimum of five years after closure.

B)

 Beginning

 five years after closure of the

unit,

 or five years after

 all other potential

sources of discharge no longer constitute

a

threat

 of contamination,

 the monitoring

frequency may change on

 a well by well

 basis

to an annual schedule

 if either

of

the

following conditions

 exist:

i)

 All constituents have returned

to

a

concentration less than or equal

to

10

percent of the maximum observed

concentration;

or

ii)

 If all constituents are less than or

equal

 to their maximum allowable concen-

tration

 for 8 consecutive quarters.

iii) Monitoring shall return

to

 a quarterly

schedule at any well where

 a statistical-

ly significant increase

 in the concen-

tration of any constituent greater

 than

the

sample

observed.

C)

 Monitoring may be discontinued

 under the

following conditions:

i)

 After changing

 to an annual schedule,

no

statistically significant increase

 in the

concentration of any constituent greater

than the previous sample

 is detected

for

 3 consecutive years;

or

ii)

 Immediately after contaminated leachate

is no longer generated by the unit,

but

not less than

 5 years after closure.

2)

 Constituents

 to be Monitored

The operator shall monitor each well for

constituents

 that will provide an

 indication

of

groundwater contamination.

 Constituents

 chosen as

indicators for monitoring

 for monitoring

 shall meet

the following standards:

86—762

—53—

A)

 The constituent appears

in,

or

 is expected

to

be

in,

 the leachate;

B)

 The Board has established

 a public water

or

food processing

 supply standard for the

constituent

in

35

 Ill.

 Adm.

 Code

302

or

the

constituent may otherwise cause or contribute

to groundwater contamination; and

C)

 Collection and laboratory procedures exist

to

allow the operator

 to determine statistically

significant changes

 in concentration.

3)

If

 the concentration of any constituent exceeds

the

maximum allowable concentration at an established

monitoring point then the operator shall institute

 the following procedure:

A)

 The operator shall confirm the observation by

taking additional samples and checking the

statistical validity within

 60 days of the

initial observation.

B)

 The operator shall determine the source

of

the

increase, which may include,

 but shall not be

limited

 to: natural phenomena,

 sampling or

analysis errors,

 o’r an offsite source.

4)

 Organic Chemicals Monitoring Program

Within one year

 of the effective date

 of these

regulations and within one year

of

the

establishment

 of any new monitoring well,

the

operator shall monitor each well

for

 a broad range

of organic chemical contaminants

 in accordance with

the procedures described below:

A)

 The analysis shall

 be at

 least as

comprehensive and sensitive as

 the test for

51

organic chemicals

 in drinking water described

at 40 CFR 141.40

 (1987).

B)

 The results

of

 the monitoring

 in subsection

1)

above

 at any monitoring well or

 zone of

attenuation shall

 be deemed the present water

quality standards

 for purposes

 of 811.320(a)

and 812.317(1).

 Any subsequent analysis which

shows

 a statistically significant

 increase

in

the concentration

 of any constituent,

as

determined by 811.320(d)

and

 (e),

 shall

constitute

 a water quality violation under

811.320(a).

86—763

—54—

C)

 At least once every

 five years the operator

shall monitor each well

 in accordance with

subsection

1),

 to determine

 if the

concentration

 of organic chemicals has

changed.

b)

 Assessment Monitoring Program

If

 the observation

 is determined

 to be

 a statistically

significant increase greater than the maximum allowable

concentration and the source

 is the solid waste disposal

facility or

 cannot be determined,

 then the operator

shall begin

 an assessment monitoring program which shall

be conducted

 in accordance with the following

requirements:

1)

 The assessment monitoring program shall

be

conducted

 to assess the nature and extent

of

contamination.

 The assessment monitoring program

may consist

 of any of the following steps necessary

to determine

 the nature and extent

of

contamination:

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; and

B)

 Any other

 investigative techniques that will

assist

 in determining the nature and extent of

the contamination.

2)

 The operator

 shall file the plans

for

 an assessment

monitoring program to the Agency.

 If the facility

is permitted

 by the Agency,

 then the plans shall

be

filed

 for review

as

 a significant permit

modification.

 The assessment monitoring program

shall

 be implemented within

 90 days

of

of

confirmation of detection of

 contamination or,

in

the case

 of permitted

 facilities, within

 90 days

of

Agency approval.

3)

 If the assessment monitoring program shows

 that the

concentration of one or more constituents,

attributable

 to the solid waste disposal facility,

exceeds

 the applicable water quality standards

established

 in 811.320 beyond the zone of

86—764

—55—

attenuation, then the operator shall

 implement the

remedial action requirements

 of subsection

 (d).

4)

 If the assessment monitoring program shows that the

concentration

 of one

 or more constituents,

attributable

 to the solid waste disposal facility,

exceeds the maximum allowable concentration within

the zone of attenuation,

 then the operator shall

conduct a groundwater impact assessment

 in accord-

ance with the requirements

 of subsection

 (c).

c)

 Groundwater Impact Assessment

An operator required to conduct a groundwater

 impact

assessment by this section shall assess the potential

impacts of

 the increased concentrations outside the zone

of attenuation.

 In addition

 to the requirements

of

811.317, the following standards shall apply:

1)

 The assessment

 shall utilize any new information

developed since

 the initial assessment and inform-

ation from the detection and assessment monitoring

programs;

and

2)

 The operator

 shall submit the groundwater

 impact

assessment and any proposed remedial action,

determined

 to be necessary pursuant to subsection

(d),

 to the Agency within 180 days

 of the start

of

the assessment monitoring

 program.

 Permitted

facilities

 shall submit this

 information as an

application for significant permit modification.

d)

 Remedial Actions

If the groundwater impact assessment shows

 a potential

for exceeding

 the groundwater standards beyond the zone

of attenuation,

 then the operator

 shall institute

a

remedial action program

 in compliance with the following

standards:

1)

 The plans for

 the remedial action program shall

be

submitted

 to the Agency within 90 days

 of the

detection of

 a violation of

 a water quality

standard pursuant

 to subsection

(b)

 (3).

 If the

facility has been issued

 a permit

 by the Agency,

then the plans shall submit this information as an

application for significant modification

 to the

permit;

2)

 The remedial action program shall

 be implemented

within:

A)

 90 days

 of the completion of the groundwater

impact assessment;

86—765

—56—

B)

 90 days of detection of

 a violation of

 a water

quality standard established

 in subsection

(b)

(3);

or

C)

 Where

 the facility has been permitted

 by the

Agency,

 within 90 days

 of Agency approval

of

the remedial action plan.

3)

 The remedial action program shall consist

 of one or

a combination

 of one

 or more

 of the following

solutions:

A)

 Retrofit additional protection 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.

4)

 Termination of the Remedial Action Program

A)

 The remedial action program shall continue

until the threat of exceeding

 the maximum

allowable concentration

 of any constituent no

longer exists.

B)

 The operator shall submit

 to the Agency all

information necessary

 to show that the threat

of exceeding

 the maximum allowable concentra-

tion

 of any constituent no longer exists.

Permitted facilities shall submit this infor-

mation as

 a significant modification

 of the

permit.

Section 811.320

 Groundwater Quality Standards

a)

 All groundwater shall

 be maintained

in

 its present

quality,

 at each constituent’s background concentration,

beyond the zone of attenuation, unless the applicable

groundwater standards have been adjusted by the Board

in

accordance with the justification procedure

in

subsection

 (b).

 In this case the adjusted standards

shall apply.

 Any statistically significant increase

above

 a water quality standard established by this

section,

 attributable

 to the facility,

 and outside

the

zone

 of attenuation shall constitute

 a violation

 of the

water quality standard.

86—766

—57—

b)

 Justification for Adjusted Groundwater Quality Standards

1)

 An operator may petition

 the Board

 for adjusted

groundwater quality standards

 in accordance with

the procedures specified

 in Section 28.1

of

 the Act

and

35

 Ill.

 Adm.

 Code 106.410—106.416.

2)

 For groundwater which contains naturally occurring

constituents which meet

 the requirements of

35

 Ill.

Adm.

 Code 302.301, 302.304, and 302.305,

 the Board

will specify

 adjusted groundwater quality standards

no greater than those in

 35 Ill.

 Adm.

 Code 302.301,

302.304, and 302.305 upon

 a demonstration by the

operator that:

A)

 The change

 in standards will not interfere

with,

 or become

 injurious

 to, any beneficial

uses made of,

 or presently possible

in,

 such

waters;

B)

 The change

 in standards

 is necessary for

economic or

 social development;

and

C)

 All economically reasonable and technically

feasible methods

 to prevent

 the degradation

the groundwater are being utilized.

3)

 For groundwater which contains naturally occurriri

constituents which exceed the requirements

of

35

Ill.

 Adm. 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

source of drinking water;

B)

 The change

 in standards will not interfere

with,

 or become injurious

 to, any beneficia

uses made

of,

 or presently possible

 in, sue

waters;

C)

 The change

 is necessary

 for economic

 or soc

development;

and

D)

 The groundwater can not presently,

 and wil

not

 in the future,

 serve as

 a source

of

drinking water because:

I)

It

 is impossible

 to remove water

in

usable quantities;

ii)

 The groundwater

 is situated at

 a depl

location which makes recovery of wat~

86—767

—58—

for drinking purposes economically

or

technologically

 impractical;

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

is not reasonably expected

 to serve

a

public water supply

system;

v)

 The total dissolved

 solids content

of

the

groundwater exceeds 10,000 mg/i.

c)

 Determination

 of the

 Zone nf Attenuation

1)

 The zone

 of attenuation, within which concentra-

tions of constituents

 in leachate discharged

 from

the unit may exceed the groundwater quality stan-

dards,

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.

2)

 Zones

 of attenuation shall not extend

 to the annual

high water mark

 of navigable surface waters.

3)

 Overlapping zones

 of attenuation from units within

a single facility may be combined into a single

zone

 for the purposes

 of establishing

 a monitoring

ne twork.

d)

 Establishment

 of Background Concentrations

1)

 The initial

 background concentrations shall

be

established during the hydrogeological assess-

ment.

 Background concentrations may be adjusted

during the operation

of

 a facility

necessary,

based

 upon statistically significant changes

 in the

concentrations

 of constituents

 in the upgradient

wells

 over time.

 Such values shall establish

the

background concentrations

 for the purposes

of

establishing groundwater standards.

2)

 A network

 of monitoring wells

 shall

 be established

upgradient,

 with respect

groundwater

flow,

 from

the unit,

 in accordance with the following stan-

dards

 in order

 to determine

 the background

 concentrations

 of constituents

 in the groundwater:

86—768

—59—

The

wells

shall

located

distance

such

that

discharges

contaminants

from

the

unit

will

not

detectable.

‘The

wells

shall.

sampled

the

same

frequency

other

monitoring

points

pro-

vide

 continuous background concentration data

throughout

the

monitoring

period.

sufficient

number

wells

shall

estab-

lished

depths

necessary

account

for

spatial

variability.

e)

 Statistical Analysis

 of Groundwater Quality Data

The

most

scientifically

valid

the

following

statistical

procedures which will provide

a

 95 percent level of confi-

dence shall

 be utilized when determining

 if a change

 in the

 concentration of

 a constituent has occurred or

 if groundwater

quality standards have been exceeded:

Mann—Whitney

U—test,

Student’s

T—test,

3)

 Temporal or Spatial Trend Analysis,

or

Any

other

valid

statistical

analysis

which

appropriate

for

the

distribution

the

data

being

considered

~nd

which

provides

reasonable

balance

between

the

probability

falsely

identifying

significant

difference

and

th2

probability

fail-

ing

identify

significant

difference.

Section

811.321

Standards

for

~‘1aste

Placement

Phasing

Operations

1)

 Waste disposal operations

 shall move from the

lowest portions of

 the unit

 to the highest por-

tions.

 Except. as provided

in

 (2),

 below,

the

placement of

waste

shall

begin

the

most

down—

gradient,

with

 respect

 to groundwater flow,

 part

of

the

facility,

the

lowest

possible

part

the

unit.

The

operator

 may dispose of wastes

 in areas other

than those provided

in

(1)

 only under

 the following

conditions:

A)

 Climatic conditions such as wind and precipi-

tation

are

such

that

the

placement

waste

the

bottom

the

unit

would

cause

water

86—769

—60—

pollution, damage

 to any part

of

 the liner

or

litter;

B)

 The topography of

 the land

 surrounding the

unit makes

 this procedure environmentally

unsound;

 for example, steep surrounding

slopes;

When

groundwater

monitoring

wells

constructed

in accordance with

 the requirements of 811.319

are placed

50

 feet,

or

 less,

 downgradient from

the filled sections.

b)

 Initial Waste Placement

1)

 Construction, compaction and earth moving equipment

shall

 be prohibited

 from operating directly on the

leachate collection piping system until

 a minimum

of five feet of waste has been mounded

 over system.

2)

 Construction, compaction and earth moving equipment

shall be prohibited

 from operating directly on the

leachate

drainage

blanket.

Waste

disposal

operations

 shall begin at the edge

 of the drainage

layer by carefully pushing waste out over the

drainage layer.

3)

 An initial layer of waste,

 a minimum of five feet

thick, shall

 be placed over the entire drainage

blanket as soon as possible after construction but

prior

 to the onset

 of weather conditions

 that may

cause

 the compacted earth liner

 to freeze.

4)

 Waste shall not be placed over areas

 that were

subject to freezing conditions until

 the liner has

been inspected,

 tested, and reconstructed,

if

necessary

 to meet

 the requirements

 of 811.306.

Section 811.322

 Final Slope and Stabilization Standards

a)

All

 final slopes shall be designed and constructed

to

a

grade able

 to support vegetation and minimize erosion.

b)

 All slopes shall

 be designed

 to drain runoff away from

the cover and prevent ponding.

 No standing water shall

be allowed over the unit.

c)

 Standards

 for Vegetation

1)

 Vegetation shall be promoted on all reconstructed

surfaces to minimize wind and water erosion

 of the

final, protective cover.

2)

 Vegetation shall

 be compatible with the climactic

conditions.

86—771)

—61—

3)

 Vegetation shall require little maintenance;

4)

 Vegetation shall consist of

 a diverse mix

 of native

and introduced

 species consistent with the

postclosure land

 use;

5)

 Vegetation shall be

 tolerant of

 the landfill gas

expected to be generated;

6)

 The root depth of the vegetation shall not exceed

the depth of the final protective cover system.

7)

 Temporary erosion control measures including,

but

not limited to mulch straw, netting and

chemicalsoil stabilizers,

 shall

 be undertaken while

vegetation is being established.

d)

 Structures Constructed Over the Unit

1)

 Structures must

 be compatible with the land use;

2)

 Structures

 shall

 be designed to vent gases away

from the interior; and

3)

 Structures shall

 in no way interfere with the

operation of a cover

 system,

 gas collection system,

leachate collection system or any monitoring

system.

SUBPART D: STANDARDS FOR IDENTIFICATION AND MANAGEMENT OF SPECIAL

WASTES

Section

 811. 401

 Scope and Applicability

a)

 This Subpart applies

 to all landfills permitted by the

Agency pursuant

 to Section

21

 of the Act which accept

special wastes.

b)

 The standards of this

 Subpart are in addition and

supplemental

 to the 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 such waste of

 responsibility for

compliance with

 requirements

 the requirements

of

 35 Ill.

Adm.

 Code 700—749 or

 809.

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 that only special wastes permitted by the Agency

and accompanied by a manifest and an identification

 record will

be accepted.

86—771

—62—

Section 811.403

 Special Waste Manifests

Bach

special

waste

received

for

disposal

permitted

solid waste management facility shall

 be accompanied by

a manifest containing

 the following information:

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 final solid waste management

facility;

5)

 The date of delivery;

6)

 The name and quantity of special waste delivered

to

the

hauler;

7)

 The signature of

 the person who delivers special

waste

to

 a special waste hauler acknowledging such

delivery;

8)

 The signature

of

 the special waste hauler

acknowledging receipt

 of the special wastes;

and

9)

 The signature of

 the person who accepts

 the special

waste at its final destination, acknowledging

acceptance

 of the special waste.

b)

 A permitted facility which receives special waste must

be designated on the manifest as the final destination

point.

 Any subsequent delivery

 of the special waste or

any portion or product thereof

to

 a special waste hauler

shall be conducted under

 a transportation record

initiated by the permitted solid waste management

facility.

c)

 Distribution of Manifests After Delivery

The

special

waste

hauler

shall

retain

one

copy

and

deliver

 three copies

 of the manifest

 to the person

who accepts delivery of special waste from the

hauler.

2)

 The receiving solid waste management facility

shall:

A)

 Send one copy of the completed transportation

record

 to the person who delivered

 the special

waste

 to the special waste hauler;

and

86—772

—63—

Send

one

copy

each

signed

manifest

received

the

Agency

the

end

each

month.

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 all special waste trans-

actions.

 These copies shall be

 retained for three years

and shall

 be made available at reasonable

 times

for

inspection and photocopying by the Agency.

Section 811.404

 Identification Record

a)

 Bach special waste disposed of at

 a facility (including

special wastes generated at

 the facility)

 shall

be

accompanied by a special waste profile

 identification

sheet from the waste generator

 that certifies

the

following:

Generator’s

name

and

address;

2)

 Transporter’s name and telephone

 number;

3)

 Name

 of waste;

4)

 Process generating waste;

5)

 Physical characteristics of waste

 (e.g.,

 color,

odor, solid or liquid,

 flash point);

6)

 Chemical composition;

7)

 Metals content;

8)

 Hazardous characteristics

 (including identification

of wastes deemed hazardous by the United States

Environmental Protection Agency or the state);

and

9)

 Presence

 of PCBs or 2,3,7,8 TCDD

10)

 Any other information required

 to determine the

following

 information:

A)

 Whether

 the waste

is

 a regulated hazardous

waste;

Whether

the

special

waste

type

permitted

 for storage, treatment,

 or disposal

the

facility;

and

The

method

storage,

treatment,

disposal

that

appropriate

for

the

waste.

86—773

—64—

Special

waste

recertification

Each

subsequent

shipment

special

waste

from

the

same generator must be accompanied by a transportation

record,

 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:

Laboratory

analysis

(copies

attached);

Raw

material

the

waste—generating

process;

C)

 The waste—generating process

 itself;

D)

 The physical or hazardous characteristics

of

the

waste;

and

New

information

the

human

health

effects

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.

Section 811.405

 Recordkeeping Requirements

The

special

waste

profile

identification

sheet,

special

waste

recertification, certification of representative sample

(if

applicable),

 special waste laboratory analysis

 (if applicable),

special waste analysis plan

 (if applicable),

 and any emergency

waivers

 of requirements

 (prohibitions, special waste management

authorization,

 and operating requirements) must

 be retained at

the solid waste management facility until the end

 of the

postclosure care period.

Section 811.406

 Procedures

 for Excluding Regulated Hazardous

Wastes

The

operator

shall

implement

load

checking

program

that

meets

the

requirements

this

Section

for

detecting and discouraging attempts

 to dispose of

regulated hazardous wastes

 at the facility.

b)

 The load checking program shall consist

of,

at

a

minimum,

 the following components:

1)

 Random inspection

inspector

designated

the

facility

shall

examine at least three random loads of solid

86—774

—65—

waste delivered

to

 the landfill on

 a random

day each week.

 Selected drivers

 shall

be

directed

discharge

their

loads

separate,

designated

location

within

the

facility.

The

facility

shall

conduct

detailed

inspection

the

discharged

material

for

any

regulated

hazardous

other

unacceptable

wastes

that

may

present.

Cameras

other

devices

may

used

record

the

visible

contents

solid

waste

shipments.

Where

such

devices

are

employed,

their

use

should

designated

sign

posted

near

the

entrance

the

facility.

regulated

hazardous

wastes

other

unacceptable

wastes

are

suspected,

the

facility

shall

communicate

with

the

generator,

hauler

other

party

responsible

for

transporting

the

waste

determine

the

identity of

 the waste.

Recording

inspection

results

Information

and

observations

derived

from

each

random

inspection

shall

recorded

writing

and

retained

the

facility

for

least

three

years.

 The recorded information shall include,

at

minimum,

the

date

and

time

the

inspection,

the

names

the

hauling

firm

and

the

driver

the

vehicle,

the

vehicle

license

plate

number,

the

source

the

waste

stated

the

driver,

and

observations made

 by the inspector during the

detailed

 inspection.

 The written record shall be

signed by both the

 inspector and the driver.

3)

 Training

The solid waste management facility shall train

designated

inspectors,

equipment

operators,

weigh

station

attendants,

spotters

large

facilities,

and

all

other

appropriate

facility

personnel

identification

potential

sources

regulated

hazardous wastes.

 The training program shall

emphasize

familiarity

with

containers

typically

used

 for hazardous wastes and with labels

for

hazardous waste

 and materials.

Procedures

for

Handling

Regulated

Hazardous

Wastes

any

regulated

hazardous

wastes

are

identified

random load checking or are otherwise discovered

to

improperly

deposited

the

facility,

the

facility shall promptly notify

 the Agency,

the

person responsible

 for transporting

 the wastes

to

86—775

—66—

the landfill,

 and the generator

 of the wastes,

if

known.

 The area where the wastes are deposited

shall immediately be cordoned off from public

access by facility personnel not involved in

handling the

 incident.

 The solid waste management

facility shall assure proper cleanup, transport and

disposal of the waste

 at a permitted hazardous

waste management facility.

2)

 The party responsible

 for transporting

 the waste

to

the solid waste management facility shall be

responsible for the costs of such proper cleanup,

transportation and disposal.

3)

 Subsequent Shipments by Persons

Subject

This

Section

solid

waste

management

facility

shall

exercise special precautionary measures when

accepting wastes from sources

 that previously

have attempted

 to deliver regulated hazardous

wastes

 to the facility.

B)

 Precautionary measures shall include

questioning

 the driver concerning the waste

contents prior

 to discharge and visual

inspection during discharge of

 the load

 at the

working face or elsewhere.

SUBPART B:

 CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Section 811.501

 Scope and Applicability

All structures necessary to comply with the requirements of this

Part shall be constructed according

 to a construction quality

assurance program meeting, at

 a minimum,

 the requirement

 of this

Subpart.

Section 811.502

 Duties and Qualifications

 of Key Personnel

a)

 Duties and Qualifications

 of the Operator

The operator shall designate

 a person other than the

operator as

 the construction quality assurance

 (CQA)

officer.

b)

 Duties and Qualifications

 of the CQA officer

1)

 The CQA officer shall supervise and be

 responsible

for all inspection and testing activities.

2)

 The CQA officer shall

be

 a professional engineer

registered

 in the State of

 Illinois.

86—776

—67—

Section 811.503

 Inspection Activities

The CQA officer shall

 be present

 to perform inspection

 of the

following activities:

Compaction

subgrade

and

foundation

design

parameters;

b)

 Installation of the compacted earth

 liner;

c)

 Installation

 of a geomembrane;

d)

 Installation of slurry trenches or cutoff walls;

e)

 Installation of the leachate drainage and collection

system;

f)

 Application

 of final

 cover;

g)

 Installation of gas control facilities;

and

h)

 Construction of ponds,

 ditches, lagoons and berms.

Section 811.504

 Sampling Requirements

A sampling program shall

 be implemented as part of

 the CQA plan

for all construction activities

 in order

 to insure that

construction materials and operations meet,

 at a minimum,

the

following requirements:

a)

 The sampling program shall

 be designed prior

to

construction.

b)

 The sampling program shall

 be based upon statistical

sampling

 techniques

 to yield

a

 95 percent level

of

confidence.

c)

 A criteria for acceptance or rejection of materials and

 operations shall

 be established.

 The criteria shall

insure that at least 95 percent of the materials and

operations meet the required properties or standards.

Section 811.505

 Documentation

a)

 A daily summary report

 shall

 be prepared by the CQA

officer during each day of activity.

 The report shall

contain,

at

 a minimum:

1)

 Date;

2)

 Summary of weather conditions;

3)

 Summary of locations where construction is

occurring;

86—777

—68—

4)

 Equipment and personnel on the project;

5)

 Summary

 of any meetings held and attendees;

6)

 Description of offsite materials received and

references or results

 of testing and documentation;

Calibration

and

 recalibration

test

equipment;

8)

 The daily inspection report from each inspector

b)

 Daily Inspection Reports

Each inspector shall

 complete

 a daily inspection report

containing

 the following information:

1)

 Location;

2)

 Type of inspection;

3)

 Procedure used;

4)

 Test data;

5)

 Results

 of activity;

6)

 Personnel involved

 in inspection and sampling

activities;

and

7)

 Signature of the

 inspector.

c)

 Photographic Records

Photographs may

 be used as

 tools

 to document the

progress and acceptability

 of the work and may be

incorporated into the daily summary report,

 daily

inspection report,

 and an acceptance report.

 Each photo

shall

 be identified with the following information:

1)

 Date,

 time and location

 of photograph;

2)

 Name of photographer;

3)

 Signature

 of photographer.

d)

 Acceptance Reports

Upon completion of construction of each major phase the

CQA officer shall submit an acceptance report

 to the

Agency.

 The acceptance report

 shall

 be submitted before

the structure

 is placed into service and shall contain

the following:

86—778

—69—

1)

 Certification by the CQA officer that the

construction has been prepared and constructed

in

accordance with the engineering design;

2)

 As—built drawings;

3)

 All daily summary reports.

Section 811.506

 Additional Requirements

 for Foundations and

Subbases

a)

The

CQA

officer

shall

identify

and

confirm

the

results

of the site investigation, identify unexpected

conditions and record all modifications

 to the plans and

construction procedures on the as—built drawings.

b)

 The CQA officer shall observe soil and rock surfaces for

joints,

 fractures and depressions and document the

filling of all joints and fractures and the removal and

filling

 of local sand deposits on the as—built drawings.

c)

 The CQA officer shall

 insure that there are no moisture

seeps and that all soft, organic or other undesirable

materials are removed.

Section 811.507

 Additional Requirements for Compacted

Earth Liners

a)

 Requirements for

 a Test Liner

A test fill shall be constructed before construction of

the actual,

 full—scale, compacted earth

 liner

in

accordance with the following requirements:

1)

 The test liner

 shall be constructed from the same

soil material,

 design specifications, equipment and

procedures proposed for the full—scale liner;

2)

 The test fill

 shall be at least four times the

width

 of the widest piece

 of equipment

 to be used;

3)

 The test fill shall

 be long enough

 to allow

the

equipment to reach normal operating speed before

reaching the test area;

4)

 At least three

 lifts shall be constructed;

5)

 The test fill shall be evaluated for the following

physical properties:

A)

 Field testing

 techniques

 shall be used

to

determine the hydraulic conductivity.

 Enough

tests shall

 be performed to provide a 95

percent confidence

 in the data;

86—779

—70—

B)

 Samples shall

 be tested

 in the laboratory

for

hydraulic conductivity.

 Enough tests shall be

performed to provide

a

 95 percent confidence

in the data.

 Laboratory results should show

a

statistical correlation

 to the

 field testing

results.

C)

 Engineering parameters such

 as particle size

distribution, Atterberg limits, water content,

and in—place density that will be used to

evaluate the full—scale liner,

 shall be

determined by collecting enough samples to

provide

a

 95 percent confidence

 in the data.

6)

 Additional test fills

 shall

 be constructed for each

new borrow source,

 admixture,

or

 change in

equipment or procedures;

and

7)

 Construction of a test fill or

 the requirements for

an additional test fill may

 be omitted

if

 a full—

scale

 liner or

 a test fill has been previously

constructed

 in compliance with this subsection and

documentation

 is available to demonstrate

 that the

previously constructed liner

 is meets the

requirements

 of this subsection.

c)

 The CQA officer shall insure

 the following:

1)

Use

 of same compaction equipment as

 used

 in test

fill;

2)

 Use of same procedures,

 such as number

 of passes

and speed;

3)

 Uniformity of coverage by compaction equipment;

4)

 Consistent achievement

 of density,

 water content

and permeability of each successive

 lift;

5)

Use

 of methods

 to bond successive

 lifts together;

6)

 Achievement

 of liner strength on sidewalls;

7)

 Contemporaneous placement of protective covering

to

prevent drying and desiccation, where necessary;

8)

 Prevention of placement of frozen material or

placement

 of material on frozen ground;

9)

 Prevention of damage

 to completed liner sections;

and

10)

 Construction proceeds only during favorable

climatic conditions.

86—781)

—71—

Section 811.508

 Additional Requirements

 for Geomembranes

The CQA officer shall insure the following:

a)

 The bedding material contains no undesirable objects;

b)

 The placement plan has been followed;

c)

 The anchor trench and backfill are constructed to

prevent damage

 to the geomembrane;

d)

 All tears,

 rips,

 punctures,

 and other damage are

repaired;

and

e)

 All geomembrane seams are properly constructed and

tested.

Section 811.509

 Additional Requirements for Leachate

Collection Systems

a)

 The CQA officer shall insure that pipe sizes,

 material,

perforations, placement and pipe grades are in

accordance with the design.

b)

 The CQA officer shall

 insure that all soil materials

used

 for the drainage blanket and graded filters meet

the required size and gradation specifications and are

placed

 in accordance with the design plans.

c)

 All prefabricated structures shall be inspected for

conformity to specifications and for defective

manufacturing.

SUBPART F:

 STANDARDS FOR SPECIFIC WASTE STREAMS

Section 811.600

 (Reserved)

SUBPART G:

 FINANCIAL ASSURANCE FOR CLOSURE AND POSTCLOSURE CARE

Section 811.700

 Scope and Applicability

a)

 This Subpart provides procedures by which the operator

of

 a permitted waste disposal facility shall provide

financial assurance satisfying

 the requirements

of

Section 21.1(a)

 of the Act.

b)

 Financial assurance may

 be provided through

a

combination of

 a trust

 agreement,

 bond guaranteeing

payment, bond guaranteeing payment or performance,

letter of credit,

 insurance or self—insurance in

accordance with

 the standards of

 this Subpart.

86—781

—72—

c)

 This Subpart does not apply

 to the State of Illinois,

its agencies and institutions,

or

 to any unit of local

government; provided, however, that any other persons

who conduct such

 a waste disposal operation on a site

which may

 be owned or operated by such

 a government

entity must provide financial assurance for closure and

postclosure care of the site.

d)

 The operator

 is not required

 to provide financial

assurance pursuant to this Subpart

 if the operator

demonstrates:

1)

 That closure and postclosure care plans filed

pursuant

to

35

 Ill.

 Adm. Code

 724 or

 725 will

result

 in closure and postclosure care of

 the site

in accordance with the requirements of

 this Part;

and

2)

 That the operator has provided financial assurance

adequate

 to provide for such closure and

postclosure care pursuant to

35

 Ill. Mm.

 Code 724

or 725.

Section 811.701

 Upgrading Financial Assurance

a)

 The operator must maintain financial assurance equal

to

or greater than the current cost estimate at all times

except as provided

 in this Section.

b)

 The operator must increase the total amount of financial

assurance

 so as

 to equal the current cost estimate

within 90 days after any of

 the following:

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 or financial test;

or,

4)

 Notification by the operator that the operator

intends

 to substitute alternate financial assurance

for self—insurance.

c)

 The amount of financial assurance provided

 to the Agency

shall always provide for at least. five years

of

postclosure care.

Section 811.702

 Release of Financial Institution

The Agency will agree

 to release a trustee, surety,

 insurer or

other financial institution when:

86—782

—73—

a)

 An operator substitutes alternate financial assurance

such that the total financial assurance

for

 the site

is

equal

 to or greater than the current cost estimate

without counting the amounts

to

 be released;

or,

b)

 The Agency releases the operator from the requirements

of this Subpart.

Section 811.703

 Application of Proceeds and Appeal

The Agency may sue

 in any court

 of competent jurisdiction to

enforce its rights under financial instruments.

 The filing of

an

enforcement action before

 the Board

 is not

 a condition precedent

except when this Subpart or the terms of

 the instrument so

provide.

Section 811.704

 Cost Estimate for Closure and Postclosure

Care

a)

 The operator must have

 a written estimate of

 the current

cost of closing all active parts

 of the facility in

accordance with the requirements

 of this Part and

a

closure plan and for the current cost

 of postclosure

monitoring and maintenance.

 The cost estimate

 is the

total cost

 for closure and postclosure monitoring and

maintenance.

b)

 The operator must revise the cost estimate whenever

a

change in the closure plan

 or postclosure care plan

increases the cost estimate.

c)

 The cost estimate must be based on the steps necessary

for the premature final closure

 of the facility at the

time during

 the next term of permit when the cost of

closure will be greatest.

d)

 The cost estimate must be based

 on the assumption that

the Agency will contract with

 a third party

 to implement

the closure plan.

e)

 The cost estimate may not be reduced by allowance for

the salvage value of equipment or waste,

 for the resale

value of land,

 or for the sale of landfill gas.

f)

 The cost estimate must, at

 a minimum,

 include all costs

for all activities necessary

 to close the facility

in

accordance with all requirements

 of this Part.

g)

 The postclosure monitoring and maintenance cost estimate

shall

 be prepared on the basis

 of the design period

for

each unit at a facility, assuming operations will cease

at the time during the next term of permit when the cost

of closure will be greatest.

86—783

—74—

h)

 The postclosure care cost estimate must,

at

 a minimum,

include the following elements,

 if required,

for

postclosure care:

1)

 Groundwater monitoring:

A)

 Number of monitoring points to,be established

in the term

 of the current permit;

B)

 Parameters to be monitored;

C)

 Quarterly sampling intervals;

D)

 Cost per parameter per sampling.

2)

 Cover Placement and Stabilization:

A)

 Estimate of

 the area

 to be disturbed during

the next term

 of permit which

 is expected

annually to require residual settlement or

erosion control work;

B)

 Annual cost

 of residual settlement and erosion

control work;

C)

 Annual cost of mowing and other management

practices.

3)

 Alternate Landfill Gas Disposal

If landfill gas

 is transported

 to an offsite

processing

 system,

 then the operator

 shall include

in the cost estimate the costs

 necessary to operate

an onsite gas disposal system should access

 to the

offsite facility become unavailable.

 The cost

estimate shall include the following information:

A)

 An estimate of the costs necessary to install

an onsite gas disposal system such as a flare;

B)

 The annual costs

 of operation and maintenance

of

 the gas disposal system;

and

C)

 The annual costs

 to monitor the gas disposal

system.

4)

 Cost Estimates Beyond the Design Period

When

 a facility must extend the postclosure care

period beyond

 the applicable design period,

the

cost estimate shall be based upon five more years

of postclosure care.

g)

 This Section does not grant authority

 to the Agency to

require the operator

 to perform any

 of the indicated

86—784

—75—

activities;

 however,

 if the site permit requires

a

closure activity,

 the operator must include the cost in

the cost estimate.

 Once the operator has completed

an

activity, the operator may file an application for

significant permit modification

 indicating that the

activity has been completed,

 and zeroing that element

of

the cost estimate.

Section 811.705

 Revision of Cost Estimate

a)

 The operator shall revise

 the current cost estimates for

closure and postclosure care at every permit renewal and

where a modification results

 in an increase of the cost

estimate.

b)

 The operator shall review the closure and postclosure

care plans prior

 to filing

 a revised cost estimate in

order

 to determine whether they are consistent with

current operations and regulations.

 The operator must

either certify that the plans are consistent,

 or must

 file an application reflecting new plans.

c)

 The operator must prepare new closure and postclosure

cost estimates reflecting current prices

for

 the, items

included in the estimates.

 The operator must file

revised estimates even

 if the operator determines that

there are no changes

 in the prices.

Section 811.706

 Mechanisms

 for Financial Assurance

The operator of

 a waste disposal site may utilize any of the

following mechanisms

 to give financial assurance

 for closure and

postclosure care:

a)

 Trust Fund (Section 811.710);

b)

 Surety Bond Guaranteeing Payment

 (Section 811.711);

c)

 Surety Bond Guaranteeing Performance

 (Section 811.712);

d)

 Letter of Credit

 (Section 811.713);

e)

 Closure Insurance (Section 811.714);

or,

 Self—insurance (Section 811.715).

Section 811.707

 Use of Multiple Financial Mechanisms

An operator may satisfy the requirements

 of this Subpart by

establishing more than one financial mechanism per site.

 These

mechanisms are limited

 to trust

 funds, surety bonds guaranteeing

payment,

 letters

 of credit and insurance.

 The mechanisms must be

as specified

in

35

 Ill. Adm. Code 807.661,

 807.662, 807.664 and

807.665,

 respectively, except that

it

is

 the combination of

86—785

—76—

mechanisms,

 rather than the single mechanism, which must provide

financial assurance

for

 an amount at least

 equal

 to the current

cost estimate.

 The operator may use any or all of

 the mechanisms

to provide

 for closure and postclosure care of the site.

Section 811.708

 Use of a Financial Mechanism for Multiple

Sites

An operator may use

 a financial assurance mechanism specified in

this Subpart

 to meet the requirements

 of this 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.

 In directing funds available through the mechanism for

closure and postclosure care for any of the sites covered by the

 mechanism,

 the Agency may direct only the amount of funds

designated

for

 that site,

 unless the operator agrees

 to the use

of additional

 funds available under the mechanism.

Section 811.709

 Trust Fund for Unrelated Sites

Any person may establish

 a trust fund for

 the benefit of the

Agency which may receive funds

 from more than one operator for

closure of different sites.

 Such

 a trust

 fund shall operate like

the trust fund specified- in

35

 Ill. Adm. Code 807.661,

 except as

follows:

a)

 The trustee shall maintain a separate account for each

site and shall evaluate such annually as

 of the day of

creation of the trust;

b)

 The trustee shall annually notify each operator and the

Agency

 of the evaluation of each operator’s account;

c)

 The trustee shall release excess funds

 as required from

the account

 for each site;

d)

 The trustee shall

 reimburse the operator

 or other person

authorized

 to perform closure or postclosure care only

from the account for that site.

e)

 The Agency may direct the trustee

 to withhold payments

only from the account for the site

 for which

 it has

reason

 to believe the cost

 of closure and postclosure

care will

 be significantly greater than the value of

the

account for that site.

86—786

—77—

Section

811.710

Trust

Fund

operator

may

satisfy

the

requirements

this

Subpart

by

establishing

trust

fund

which

conforms

the

requirements

of

 this Section and submitting an original,

signed duplicate of the trust agreement

 to the Agency.

b)

 The trustee must be an entity which has the authority

to

act

as

a

 trustee and:

1)

 Whose trust operations are regulated

by

the

Illinois Commissioner of Banks and Trust Companies;

or,

2)

 Who complies with the Foreign Corporations

as

Fiduciaries Act,

 Ill.

 Rev. Stat.

 1985,

ch.

17,

 par.

2801 et

 seq..

c)

 The trust agreement must

 be on forms

 as specified by the

Agency and the trust agreement must

 he accompanied by a

formal certification of acknowledgment.

d)

 Payments into the trust:

1)

 The operator must 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

in the term of the current permit

 until

 the site

reaches

 the stage at which the cost of premature

closure

would

 be the greatest,

 as indicated by its

closure plan.

3)

 Annual payments are determined by the following

formula:

Annual payment

 (CE—CV)/Y

where:

CE=

Current

cost

estimate

CV=

 Current value of the trust fund

Y=

 Number of years remaining

 in the pay in

period.

4)

 The operator must make the first annual payment

prior

 to the initial receipt

 of waste

 for disposal,

or: prior

 to March

1,

 1985 for

 sites receiving waste

for disposal prior

 to that date.

 The operator must

also, prior

 to such

 initial receipt of waste,

submit

 to the Agency a receipt from the trustee for

the first annual payment.

86—78?

—78—

Subsequent

annual

payments

must

made

later

than

 30 days after each anniversary of the first

payment.

6)

 The operator may accelerate payments into the trust

fund,

 or may deposit the full amount

 of the current

cost estimate at the time

 the fund

 is established.

e)

 The trustee must evaluate the trust fund annually as

of

the day the trust was created,

 or on such earlier date

as may be provided in the agreement.

 The trustee must

notify the operator and the Agency of the value within

30 days after

 the evaluation date.

f)

 Release of excess

 funds:

1)

 If the value of the financial assurance

 is greater

than the total amount of the current cost estimate,

the operator may submit

 a written request to the

Agency

 for release from the trust fund of the

amount

 in excess of the current cost estimate.

2)

 Within 60 days after receiving

 a request from the

operator

 for release of funds,

 the Agency will

instruct the trustee

 to release to the operator

such funds as

 the Agency specifies

 in writing.

g)

 Reimbursement for closure and postclosure care expenses:

1)

 After

 initiating closure,

 an operator or any other

person authorized

 to perform closure or postclosure

care may request reimbursement for closure or

postclosure care expenditures by submitting

 itemized bills

 to the Agency.

2)

 Within

 60 days after

 receiving bills

 for closure or

postclosure care activities, the Agency will

determine whether

 the expenditures are

in

accordance with the closure or postclosure care

plan and

 if so,

 it will instruct the trustee

to

make reimbursement

 in such amounts as

 the Agency

specifies

 in writing.

3)

 If the Agency has reason

 to believe that the cost

of closure and postclosure care will be

significantly greater

 than the value of the trust

fund,

 it may withhold reimbursement of such amounts

as

 it deems prudent until

 it determines that the

operator

is

 no longer required

 to maintain

financial assurance for closure and postclosure

care.

86—788

—79—

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 must be licensed by

the Illinois Department of Insurance.

c)

 The surety bond must be on forms as specified by the

 Agency.

d)

 Any payments made under

 the bond will

 be placed in the

landfill closure and postclosure fund within the State

Treasury.

e)

 Conditions:

I)

 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

or

 a court of competent jurisdiction;

or,

0)

 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:

86—789

—80—

The

bond

shall

issued

for

term

least

five years and shall not

 be cancelable during that

term.

2)

the

operator

fails

provide

substitute

financial assurance prior

 to expiration of

 a bond,

the term of

 the bond shall

 be automatically

extended

 for one twelve—month period starting with

the date of expiration of

 the bond.

 During such

extension the bond will not 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:

I)

 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

 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 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 must be licensed by

the Illinois Department

 of Insurance.

c)

 The surety bond must

 be on forms

 as specified by the

Agency.

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 closure and postclosure care plans

in

the

permit.

 The surety shall have the option

of

86—791)

—81—

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 or

 a court of competent jurisdiction;

or,

0)

 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 shall be issued

for

 a term of at least

five years and shall 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 shall

 be automatically

extended

 for one twelve—month period starting with

the date of e’cpiration of the bond.

 During such

extension the bond will not 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

86—791

—82—

the

Agency

determines

that

plan

the

amount

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 plans and

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

S ubpa rt.

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 must

 be an entity which has the

authority

 to issue letters

 of credit and:

1)

 Whose letter—of—credit operations are regulated by

the Illinois Commissioner of Banks and Trust

Companies;

or,

2)

 Whose deposits are insured by the Federal Deposit

Insurance Corporation or the Federal Savings and

Loan Insurance Corporation.

c)

 Forms:

1)

 The letter of credit must be on forms

 as specified

by the Agency.

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

 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:

86—792

—83—

1)

 The Agency may 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 may draw on the letter of

 credit when

the operator:

Abandons

the

site;

B)

 Is adjudicated bankrupt;

C)

 Fails

 to initiate closure or postclosure care

of the site when ordered

 to do

 so by the Board

or

 a court

 of competent jurisdiction; or

0)

 Notifies the ~tgencythat

 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

 Lhe current cost estimate.

2)

 The Agency shall approve

 a reduction in the amount

whenever the current cost estimate decreases.

g)

 Term:

1)

 The letter

 of credit shall

 be .irrevocable and shall

be issued

for

a

term

 at least five years.

2)

 If the operator fails

 ‘to substitute alternate

financial assurance prior

 to expiration of a letter

of credit,

 the term of the letter of credit shall

be automatically extended

 for one twelve—month

period starting with the date of expiration.

During such extension the letter

 of credit will not

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

86—793

—84—

financial

assurance

inadequate

provide

closure and postclosure care as required by this

Part.

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 financial

 institution.

Section 811.714

 Closure Insurance

a)

 An operator may satisfy the

 requirements of this Subpart

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 must

 be licensed to transact the business of

insurance by the Illinois Department of Insurance.

c)

 The policy must be on forms approved by the Illinois

Department of Insurance.

d)

 Face amount:

The

closure

and

postclosure

care

insurance

policy

must

issued

for

face

amount

least

equal

the current cost estimate.

 The term “face amount”

means

 the total amount the

 insurer

 is obligated

to

pay

under

the

policy.

Actual

payments

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 or

 a court of competent jurisdiction

orders the site closed;

86—794

—85—

4)

 The operator notifies the Agency that

it

is

initiating closure;

or

Any

person

initiates

closure

with

approval

the

Agency.

f)

 After initiating closure,

 an operator or any other

person authorized

 to perform closure or postclosure care

may request reimbursement for closure and postclosure

care exper3ditures by submitting

 itemized bills

to

the

Agency.

 Within 60 days after receiving bills

for

closure or postclosure care activities,

 the Agency will

determine whether the expenditures are

 in accordance

with the closure plan or postclosure care plan, and if

so, will instruct the insurer to make reimbursement in

such amounts as the Agency specifies in ‘writing.

 If the

Agency has reason

 to believe that the cost

 of closure

and

postclosure

care

will

significantly

greater

than

the

 face amount of the policy,

 it may withhold

reimbursement of such amounts as

 it deems prudent until

it determines

 that the operator

 is no longer

 required to

maintain financial assurance.

g)

 Cancellation:

1)

 The operator shall maintain the policy

 in full

force and effect until

 the Agency consents

to

termination of the policy.

2)

 The policy must provide that the insurer may not

cancel,

 terminate or fail to renew the policy ex-

cept for failure

 to pay the premium.

 The automatic

renewal of

 the policy must, at

 a minimum, provide

the insured with the option

 of renewal at the face

amount of the expiring policy.

If

 there

is

a

failure

 to pay the premium,

 the insurer may elect

to cancel,

 terminate or

 fail to renew

 the policy by

sending notice by certified mail to the operator

and

 the Agency.

 Cancellation, termination or

failure to renew may not occur, however, during

the

120 days beginning with the date of receipt

 of the

notice by both the Agency and the operator,

as

evidenced by the

 return receipts.

 Cancellation,

termination or

 failure

 to renew may not occur and

the policy will remain

in

 full force and effect in

the event

 that on or

 before the date

 of expiration

the premium due

 is paid.

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.

86—795

—86—

Section 811.715

 Self—insurance for Non—commercial Sites

a)

 Definitions

The following terms are used

 in this Section.

The

definitions are intended

 to assist

 in the understanding

of

 these regulations and are not intended to limit the

meanings

 of terms

in

 a way that conflicts with generally

accepted accounting principles.

“Assets” means all existing and all probable future

economic benefits obtained or controlled by a

particular entity.

“Current assets” means cash or other assets or

resources commonly identified

 as those which are

reasonably expected to

 be realized in cash or sold

or consumed during the normal operating cycle

of

the

business.

“Current liabilities” means obligations whose

liquidation is reasonably expected to require

the

use of existing resources properly classifiable

as

current assets or

 the creation of other current

liabilities.

“Generally accepted accounting principles” means

Accounting Standards,

 Financial Accounting

 Standards Board,

 June 1984, which

 is hereby

incorporated by reference.

 This incorporation

includes no later amendments or editions.

“Gross Revenue” means

 total receipts less returns

and allowances.

“Independently audited” refers

 to an audit

performed by an

 independent certified public

accountant

 in accordance with generally accepted

auditing standards.

“Liabilities” means probable future sacrifices of

economic benefits arising from present obligations

to transfer assets

 or provide services

 to other

entities

 in the future as

 a result of past

transactions or events.

“Net working capital” means current assets minus

current

 liabilities.

“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

86—796

—87—

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 must provide a bond

without surety on forms specified by the Agency.

The

operator must promise to pay the current cost estimate

to the Agency unless the ope~ratorprovides closure and

postclosure care

 in accordance with the closure and

postclosure care plans.

d)

 Gross Revenue Test

The operator must demonstrate that less than one—half of

its gross revenues are derived from waste disposal

operations.

e)

 Financial Test

1)

 To pass the financial test the operator must meet

the criteria of either subsection

(e)

(1)

(A)

or

(e)

(1)

 (B):

A)

 The operator must have:

i)

 Two of the following three ratios:

a

ratio of total liabilities to net worth

less than 2.0;

 a ratio of the sum of net

income plus depreciation, depletion and

amortization to total liabilities greater

than 0.1;

or

 a ratio of current assets to

current liabilities 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

86—797

—88—

iv)

 Assets

 in the United States amounting

to

least

percent

the

operator’s

total assets and

 at least six times

the

current cost estimate.

B)

 The operator must have:

i)

 A current rating

for

 its most recent bond

issuance of AAA, AA, A or BBB as issued

by Standard and Poor’s or

 Aaa,

Aa,

A

or

Baa

 as issued by Moody’s; and

ii

 Tanginle 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 must submit the following items

 to the

Agency:

A)

 A letter signed by the operator’s

 chief

financial officer and worded as specified by

the Agency;

and

B)

 A copy of the independent certified public

accountant’s report on examination of the

operator’s financial statements

 for the latest

completed fiscal year;

and

C)

 A special report from the operator’s

independent certified public accountant to the

operator stating

 that:

i)

 The accountant has compared the data

which the letter from the chief financial

officer specifies 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

believe that the specified data should

be

adjusted.

86—798

—89—

f)

 Updated Information

1)

 After

 the initial submission of

 items specified

in

subsections

 (d) and

 (a),

 the operator must 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 must send

notice

 to the Agency of intent

 to establish

alternate 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

 in subsections

(e)

(2)

(B)

 arid

(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.

h)

 Parent Corporation

An operator may satisfy

 the financial assurance

requirements

 of this Part by demonstrating that a

corporation which owns an interest

 in the operator meet

 the gross revenue and financial tests.

 The operator

must

also

provide

bond

with

the

parent

surety

(Appendix A).

Section 811.716

 Letter of Credit

SOURCE:

 Adopted

 in R88—7

at

 Ill. Reg.

_____

effective

86—799

—90—

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

 POLLUTION CONTROL BOARD

SUBCHAPTER

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART

812

INFORMATION

TO

 BE SUBMITTED

IN

 A PERMIT APPLICATION

SUBPART A: GENERAL INFORMATION REQUIRED FOR ALL LANDFILLS

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

SUBPART

B:

Scope

and

Applicability

Certification by Professional Engineer

Application Fees

Required Signatures

 Approval by Unit of Local Government

Site

Location

Map

Site

Plan

Map

Narrative Description of

 the Facility

Location Standards

Surface Water Control

Daily Cover

Legal Description

Proof of Property Ownership

Closure Plans

Postclosure Care Plans

Closure and Postclosure Cost Estimates

ADDITIONAL

INFORMATION

 REQUIRED FOR INERT WASTE

LANDFILLS

Section

812.201

812 .202

812.203

812.204

SUBPART

C:

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

Scope and Applicability

Waste Stream Test Results

Final Cover

Closure Requirements

ADDITIONAL INFORMATION REQUIRED FOR PUTRESCIBLE AND

CHEMICAL WASTE LANDFILLS

Scope and Applicability

Wastestreaxn Analysis

Site Location Map

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

the

 Final

 Cover System

Description

the

Hydrogeology

86—800

—91--

812.315

Plugging

and

Sealing

Drill

Holes

812.316

Results

the

Groundwater

Impact

Assessment

812.317

 Groundwater Monitoring Program

812.318

 Operating Plans

AUTHORITY:

Implementing

Sections

21,

21.1,

and

22.17,

and

authorizedby

Section

the

Environmental

Protection

Act

(Ill. Rev.

 Stat.

 1985,

ch.

 111 1/2, pars.

 1005,

 1021, 1021.1,

1022,

 1027 and 1022.17).

SOURCE:

Adopted

R88—7

Ill.

Reg.

_____,

effective

_________________

NOTE:

Capitalization

used

indicate

that

the

language

quotes or paraphrases

 a statute.

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART

812

INFORMATION TO BE SUBMITTED It~A PERMIT APPLICATION

SUBPART

GENERAL

INFORMATION

REQUIRED

FOR

ALL

LANDFILLS

Section 812.101

 Scope and Applicability

All persons,

 except

 those specifically exempted by Section 21(d)

the

Environmental

Protection

Act

(Act),

Ill.

Rev.

Stat.

1985,

ch.

111

1/2,

par.

1021(d),

shall

submit

the

Agency

application

for

development

permit

develop

and

operate

landfill.

 This Subpart A contains general standards applicable

to all landfills.

 Additional standards applicable

 to landfills

which accept only

 inert waste are contained

 in Subpart B.

Additional standards applicable

 to landfills which accept

chemical and putrescible

 waste are contained in Subpart

C.

The

application

must

contain

the

information

required

this

 Subpart

as well

 as any information requested by the Agency

 to evaluate

compliance

with

the

requirements

this

Part

and

the

Act.

Section 812.102

 Certification by professional Engineer

All designs shall

 be prepared by or under

 the supervision

 of a

professional

engineer

registered

the

state

Illinois.

The

professional engineer shall affix certification to all designs

showing

the

name

 the engineer,

 date of certification,

registration

number,

and

statement

attesting

the

accuracy

the information and design.

86—801

—92—

Section 812.103

 Application

 Fees

The permit application must

 be accompanied by all filing

 fees

required pursuant

 to the Act.

Section 812.104

 Required Signatures

All

permit

applications

shall

contain

the

name,

 address,

and telephone number

of

 a duly authorized agent

 to whom

all inquiries and correspondence shall be addressed.

b)

 All permit applications shall be signed by a duly

authorized agent,

 shall be accompanied by evidence of

authority

 to sign the application and shall

be

notarized.

 The following persons are considered duly

authorized agents:

1)

 For Corporations,

 a principal executive officer of

at least the level of vice president

2)

For

 a sole proprietorship or partnership,

a

proprietor or general partner, respectively;

3)

For

 a municipality,

 state,

 federal

 or other public

agency, by the head of the agency or ranking

elected official.

Section 812.105

 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

and which is subject to the site location suitability approval

requirements of Sections 39(c)

 and 39.2

the

Act.

such

approval

unit

local

government

required,

the

application shall identify the unit of local government with

 jurisdiction.

 The application

 shall contain any approval

 issued

by that unit of

 local government.

 If no approval has been

granted,

the

application

shall

describe

the

status

the

approval request.

Section 812.106

 Site Location Map

All permit applications shall contain

 a site location map on

a

USGS

 71/2 minute topographical quadrangle,

 showing the following

information:

a)

 The permit area;

b)

 All surface waters;

c)

 The prevailing wind direction;

d)

 All rivers designated

 for protection under the Wild and

Scenic Rivers Act,

 16 USC

 1271;

86—802

—93—

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.

 1985,

ch.

 105,

 par.

701 et

 seq.

g)

 All historic and archaeological

 sites designated by the

National Historic Preservation Act 16 USC 470 et seq.

and the Illinois Historic Areas Preservation Act Ill.

Rev.

 Stat.

ch.

 127, par. 133(d)(l)

 et seq.

h)

 All areas identified as critical habitat pursuant to

the

Endangered Species Act 16 USC 1531 et seq.

 and the

Illinois Endangered Species Protection Act,

 Ill. Rev.

Stat.

 19875,

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

 a site plan map,

 or maps,

 showing

the location of the facility on

 a scale no smaller than

1

inch=200 feet containing

 a 2—foot contour interval.

The

following information shall be shown:

a)

 The entire permit area;

b)

 The boundaries

 of 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;

i)

 Fire protection facilities;

and

 Utilities.

86—803

—94—

Section 812.108

 Narrative Description of the Facility

The permit application shall contain

 a written description

 of the

facility with supporting data and,

 if necessary, calculations

describing

 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;

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

2

to

 1 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;

i)

 A description of all equipment

 to be used at the facil-

 ity,

 the purpose each piece,

and

 a demonstration that

the equipment

 is adequate

 to operate the facility

in

compliance with all Board regulations and the Act;

 A,litter control plan;

k)

 A salvaging plan including

 a description of all salvage

facilities and

 a plan for complying with

35

 Ill. Mm.

Code 811.108;

1)

 A description of all utilities necessary for operation

in compliance with 35 Ill.

 Adm.

 Code 811.107

 (d);

m)

 A boundary control plan describing how the operator will

comply the requirements of

 35 Ill. Adm. Code 811.109;

n)

 A maintenance plan describing how the operator will

comply with

 35 Ill.

 Adm. Code 811.107

Cc)

and

 (a);

o)

 An air quality plan describing the methods

 to be used

for controlling dust in compliance with

35

 Ill.

 Adm.

Code 811.107

 (g);

p)

 A noise control plan describing how the operator will

control noise

 in compliance with

 35 Ill. Adm.

 Code

811.107

 (h);

86—804

—95—

q)

 An odor control plan;

r)

 A vector control plan;

and

s)

 A firefighting and fire safety plan.

Section 812.109

 Location Standards

The permit application shall

 contain:

a)

 Documentation from the applicable federal agency stating

that the facility will operate

 in compliance with 35

Ill. Mm. Code 811.102

 (a).

b)

 A floodplain determination containing:

1)

 Documentation that the facility is not located

within

the

floodplain

the

100—year

flood

 event;

or

2)

 Plans demonstrating that the facility meets the

requirements

 of 811.102

 (b).

c)

 Documentation from the State Historic Preservation

Officer that the facility will be

 in compliance with 35

Ill. Mm.

 Code 811.102

 Cc).

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.

e)

 Documentation that the facility will be

 in compliance

with 35

 Ill. Mm. Code 811.102

 Cd).

f)

 Documentation that

 a facility located within

 a wetland

is

 in compliance with Section 404

 of the Clean Water

Act,

 35 USC 1344.

g)

 Documentation that the facility

is

 in compliance with 35

Ill. Adm. Code 811.102

 (f).

Section 812.110

 Surface Water Control

The permit application shall contain a plan

 for controlling

surface water

 in accordance with

35

 Ill. Mm.

 Code 811.103 which

includes the following information:

a)

 A copy of

 the approved NPDES permit

 to discharge runoff

from all disturbed areas;

b)

 A map showing the location of all structures;

86—805

—96--

c)

 Detailed designs of

 all structures to be constructed

during development

 of the facility and during the first

five year operating period;

and

d)

 Estimated construction dates

 of all structures

 to be

constructed

beyond

the

 first

 five year operating period.

Section 812.111

 Daily Cover

The application shall contain

 a description of the material

 to be

used as daily cover

 including:

a)

 A description of the soil

 to be used,

 including its

classification and approximate hydraulic conductivity;

or

b)

 A demonstration that any proposed alternate materials or

procedures

 to substitute

 for daily cover meet the

minimum requirements of

35

 Ill. Mm. Code 811.106

 (b).

Section 812.112

 Legal Description

The permit application shall contain

 a legal description of the

permit boundary and the boundaries

 of all units included

 in the

facility.

 This legal description shall

 be prepared by or under

the supervision of

 a professional surveyor,

 who shall certify the

work.

Section 812.113

 Proof

 of Property Ownership

The permit application shall contain

 a certificate of ownership

of the permit area,

or

 a copy of

 the lease.

 The lease should

clearly specify that the owner authorizes the construction of

a

waste disposal facility on the property.

Section 812.114

 Closure Plans

The permit application shall contain

 a written postclosure 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 l”=200’

 scale and

 a contour

interval

of

 2 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 time during the next term of permit when the

cost of

 closure will

 be the greatest;

86—8fl6

—97—

c)

 Steps necessary for the final closure

the

site

the

end

its

intended

operating

life;

Steps

necessary

prevent

damage

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;

a)

 A description of

 the steps necessary to decontaminate

equipment during closure;

estimate

the

expected

year

closure;

Schedules

for

the

premature

and

final

closure

which

shall

 include at a

minimum:

1)

 Total

 time required

 to close

 the site;

and

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 necessary

for closure and postclosure care and maintenance

 in accordance

with

the

requirements

Subpart

35

 Ill. Adm Code 811.

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

 in this subpart.

Section 812.202

 Waste Stream Test Results

The application

 shall contain information describing

 the waste

and valid test results

 of the waste when demonstrating

 to the

Agency that

 all wastestreams entering

 the unit meet the

definition

 of an inert waste.

86—807

—98--

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.

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

 in Subpart

A,

an

application

for

 a permit

 to develop a putrescible or chemical

landfill shall contain the information required in this Subpart.

Section 812.302

 Wastestream Analysis

An application for a landfill that accepts only chemical wastes

shall

 include

 the results

of

 a wastestream analysis showing that

the wastes

 to be accepted at the facility meet the definition of

a chemical waste.

 The analysis shall show that all wastestreams

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

a

hazardous substance

 or gaseous products.

Section 812.303

 Site Location Map

The permit application shall contain a map showing the location

of

 the following structures or areas located within one mile of

the

facility:

a)

 All public water supply wells;

b)

 All setback

 zones established pursuant to Section 14.2

or

 14.3 of

 the Act;

c)

 A Sole Source Aquifer Determination containing:

1)

 documentation demonstrating that no sole source

aquifers are located beneath the facility;

or

2)

 a demonstration that an impervious strata exists

between the facility and the aquifer

 that meets

the

minimum requirements

of

 35 Ill. Adm. Code 811.302

(b).

Documentation

that

any

units

located

within

setback

zone established pursuant

 to Section 14.2 or 14.3 of the

86—808

—99—

Act

meet

the

minimum

requirements

Ill.

Mm.

Code

811.302

 (b).

e)

 All State and Federal Parks and recreational areas;

f)

 All State or Interstate highways and the location

 of any

barriers necessary to comply with

 35 Ill. Mm.

 Code

811.302

(C);

g)

 All occupied dwellings,

 hospitals and schools; and

All

airports.

Section 812.304

 Waste Shredding

If

 a waste shredding operation is planned for the facility, then

the

application

shall

contain

all

documentation

necessary

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.

 Adrn.

 Code 811.304

 and 811.305.

b)

 The study shall be performed by or under

 the supervision

of

 a registered professional engineer;

c)

 The following information shall

 be contained

 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 subbase

or foundation construction;

4)

 Specifications for soil

 to be used

 for foundation

construction; and

5)

 A construction quality assurance program for proper

implementation of the foundation.

Section 812.306

 Design of the Liner

 System

The application shall contain all information necessary

 to show

that the design of the liner

 system meets

 the minimum require-

ments of

35

 Ill.

 Adrn.

 Code 811.306, including

 the following

information:

a)

 For Compacted Clay Liners:

86—809

—100—

1)

 Cross sections and plan views of

 the liner system;

2)

 Results

 of any field

 or laboratory tests

demonstrating that the necessary liner material

is

available;

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. Mm. Code 811.507

 (a); or

B)

 A detailed description of the results

 of the

test liner constructed

 in accordance with

35

Ill.

 Adm Code 811.507

 (a),

 if constructed

prior

 to permit application;

4)

 A description

 of construction methods and equipment

to be utilized; and

construction

quality

assurance

plan.

c)

 For geomembranes:

1)

 A description of the physical properties of the

geomembrane;

2)

 All calculations and assumptions showing that the

design of the geomembrane meets the minimum

requirements

of

35

 111. Mm. Code 811.306

 (e).

3)

 A description of the methods

 to seam the

geomembrane

in

 the field;

4)

 A plan view showing the proposed layout of the

ir~dividualpanels and the locations of all openings

through the geomembrane;

5)

 A cross section and description of how openings

in

the membrane will be constructed

 to minimize leaks;

6)

 A construction quality assurance program for proper

construction, seaming and inspection

of

the

geomembrane.

d)

 For Slurry Trenches and Cutoff Walls:

1)

 A description of the slurry trench or cutoff wall,

including cross

 sections, material specifications,

methods of

 construction and supporting calculations

and information to demonstrate compliance with 35

Ill. Adm. Code 811.306

 (f);

86—810

—101—

2)

 Location and descriptions of the boreholes,

including

the

results

any

testing;

3)

 A construction quality assurance plan.

e)

 For Alternate Liner Technology:

A

complete

description

the

technology,

including

information demonstrating that

 the technology will

perform

required

Ill.

Mm.

Code

811.306

(f).

Section 812.307

 Leachate Drainage and Collection Systems

The permit application

 shall contain all information necessary 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 factors

during all phases of operation;

e)

 All calculations, assumptions

and

 information used to

design the leachate collection and drainage system;

f)

 A description of the methods

 to be used

 to clean and

otherwise maintain the leachate collection and drainage

system and a demonstration that the number

 of and loca-

tion of access and cleanout points

 is sufficient.

g)

 A construction quality assurance program to insure

proper construction of

 the systems.

Section 812.308

 Leachate Management System

a)

 The application shall contain all information necessary

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;

86—811

—102—

demonstration

that

the

offsite

treatment

works meets

 the requirements

 of 35

 Ill. Adm.

Code 811.309

Ce)

 (1);

or

C)

 Pretreatment authorization,

 if necessary from

the offsite POTW.

2)

 Design of

 tanks,

 lagoons, and all other treatment

or storage units;

and

3)

 A map showing the location of all units, piping and

monitoring stations.

b)

 A request for authorization to recycle leachate,

if

desired.

 The request should

 be supported

 by sufficient

information to demonstrate compliance with

 35 Ill.

 Adm.

Code 811.309

 (f),

 including:

1)

 A demonstration that the unit satisfies the

criteria

 in 35

 Ill. Adm. Code 811.309

(f)

 (1);

2)

 Estimates of the volume of excess leachate

expected;

3)

 An excess leachate disposal plan;

4)

 Layout and design of the leachate distribution

system;

and

5)

 A demonstration that

 the daily and intermediate

cover

 is relatively permeable, or

 a plan

to

 remove

daily and intermediate cover prior

 to additional

 waste disposal.

c)

 A description of the leachate monitoring system

including all parameters

 to be monitored and the

location of the sampling points.

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. Mm.

 Code 811.310,

 including:

a)

 A description of the most likely paths

 of migration of

landfill gas expected

 to be generated by the unit and

supported by the results

of

 a predictive modeling study

of gas flow through the strata surrounding

 the facility

(if

 a model was used);

and

b)

 The location and design of sampling points;

86—812

—103—

Section 812.310

 Gas Collection Systems

The permit application shall contain, when

 a gas collection

system

 is necessary,

 a plan for collecting landfill gas from the

unit.

 The plan shall contain enough information

 to demonstrate

compliance with

35

 Ill. Mm. Code 811.311,

 including:

a)

 Location of

 the collection points;

b)

 Layout

 and design of the collection system;

c)

 A description and specifications

 for all machinery,

compressors,

 flares,

 piping and other appurtenances

necessary

 to the system;

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 enough information

to

demonstrate compliance with

 35 Ill. Mm.

 Code 811.312, including:

a)

 The approved air discharge permit,

 if necessary;

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

derived

for

the

gas

and

the

design of the processing system.

a)

 Where an offsite processing plant

 is utilized,

the

application shall contain documentation showing that the

plant meets all requirements of

35

 Ill. Mm. 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 alternate materials or

procedures

 to substitute

 for intermediate cover meet the

minimum

requirements

Ill.

Adm.

Code

811.313.

86—813

—104—

Section 812.313

 Design

 of the Final Cover System

The

permit

application

shall

contain

all

calculations,

assumptions

 and designs

 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)

 Adequacy of final protective cover,

 including a descrip-

tion of the soil and the depth necessary

 to maintain the

proposed land use of the area;

e)

 A description showing how the low permeability layer

will tie into the liner system;

and

f)

 A construction quality assurance program to insure that

 the cover

 is constructed

 in compliance with all

requirements.

Section 812.314

 Description of the Hydrogeology

The

permit

application

shall

contain

description

the

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 dll

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)

 All relevant laboratory and field testing data;

g)

 A detailed description of each geological unit found

within the study area including physical and geochemical

properties;

and

h)

 A description of all water bearing strata

 under

the

facility,

 including

 a potentiometric map,

 groundwater

flow velocities and directions, and

 a description of the

water quality.

86—814

—105—

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 exceed the

requirements

of

 35 Ill.

 Adm.

 Code 811.317.

 The assessment shall

contain,

 at a minimum,

 the following information:

a)

 Complete documentation of

 the contaminant transport

model used for the assessment;

b)

 All input data used

 to perform

 the analysis and

modeling;

sensitivity

analysis

the

model’s

predictions

versus

the magnitude

 of the input parameters;

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

 5 year increments

 for 100 years;

f)

 Documentation showing reliability of the model;

g)

 Documentation demonstrating validity of all input

parameters and assumptions;

and

written

evaluation

the

groundwater

impacts

expected

at the facility.

Section 812.317

 Groundwater Monitoring Program

The permit application

 shall contain

 a groundwater monitoring

plan which demonstrates compliance with

35

 ill. Mm.

 Code 811.318

and includes the following information:

a)

 A site plan map showing all zones of attenuation;

b)

 Distance

 to the bottom of the uppermost aquifer;

c)

 The location and depth of all groundwater monitoring

points;

d)

 The design of the groundwater monitoring wells, with

a

description

 of the materials

 to be used

 in constructing

each well;

86—815

—106—

list

the

parameters

tested

each

monitoring

point;

concentration

versus

time

profile

for

each

monitoring

point

showing

the

maximum

allowable

concentration

that monitoring point for the 100 years after

the

closure of the unit;

g)

 A description of

 the sampling procedure

 to be followed;

description

the

preservation

techniques

utilized;

i)

 A description of

 the chain of custody, packing and

transportation plans

for

 all samples

 to meet the

requirements of

35

 111. Mm.

 Code 811.318

 (g);

j)

 A description of the laboratory analysis including

laboratory procedures, quality control, and error

detection;

k)

 A description of the statistical analysis techniques

to

be used

 for evaluating

 the monitoring

 data;

1)

 A description of

 the water quality standards applicable

at the facility,

 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).

SOURCE:

 Adopted

 in R88—7 at

 Ill. Rag.

effective

__________________

86—816

—107—

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

h:

 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

SUBPART

B:

Section

813.201

813.202

813.203

813.204

Scope and Applicability

Delivery

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 Standard to Engage

 in Experimental Practices

Procedures

 for Contaminant Transport Models Used for

Groundwater Impact Assessments

ADDITIONAL

 PROCEDURES FOR SIGNIFICANT MODIFICATION OF

PERMITS

Initiation

of

 a Significant Modification

Information Required For a Significant Modification of

an Approved Permit

Specific Information Required For A Significant

Modification To Obtain Operating Authorization

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

SUBPART

D:

813.401

813.402

813 .403

Time of Filing

Effect of Timely Filing

Information Required For A Permit Renewal

Updated Groundwater Impact Assessment

Procedures

 for Permit Renewal

ADDITIONAL PROCEDURES

 FOR TEMPORARY AND PERMANENT

CLOSURE AND POSTCLOSURE CARE

Agency Notification Requirements

 Certification of Closure

Termination of the Permit

86—317

—108—

SUBPART

REPORTS

FILED

WITH

THE

AGENCY

Section

813.501

 Annual Reports

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 and 22.17,

and

authorized by Section 27

 of the Environmental Protection Act

(Ill.

 Rev. Stat.

 1985,

ch.

 111 1/2, pars.

 1005,

 1021,

 1021.1,

1022,

 1027 and 1022.17).

SOURCE:

 Adopted

 in R88—7 at

 Ill.

 Rag.

effective

__________________

NOTE:

 Capitalization

 is used to indicate that

 the language

quotes or paraphrases

 a statute.

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

h:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART 813

PROCEDURAL REQUIREMENTS FOR PERMITTED LANDFILLS

SUBPART A:

 GENERAL PROCEDURES

Section 813.101

 Scope and Applicability

This Subpart contains

 the procedures

 to be followed by all

applicants and the Agency for applications

 for permits required

by the Environmental Protection Act

 (Act),

 Ill.

 Rev.

 Stat.

ch.

111 1/2,

 par.

 1001 at seq.

 The procedures 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.

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.

 The Agency shall provide a

dated, signed

 receipt upon request.

 The Agency’s record of the

date

 of filing shall be deemed conclusive unless a contrary date

is proven by a dated,

 signed receipt.

Section 813.103

 Agency Decision Deadlines

a)

 IF THERE

 IS ~TOFINAL ACTION BY THE AGENCY WITHIN 90 DAYS

AFTER THE FILING OF THE APPLICATION FOR PERMIT, THE

~6—313

—109—

APPLICANT

MAY

DEEM

THE

PERMIT

ISSUED;

EXCEPT

THAT

THIS

TIME

PERIOD

SHALL

EXTENDED

180

DAYS

WHEN:

1)

 NOTICE AND OPPORTUNITY FOR PUBLIC HEARING ARE

REQUIRED

STATE

FEDERAL

LAW

REGULATION,

2)

 THE APPLICATION WHICH WAS FILED

 IS FOR ANY PERMIT

TO DEVELOP A LANDFILL.

b)

 The applicant may waive

 the right

 to a final decision in

writing prior

 to the applicable deadline.

c)

 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.

d)

 The Agency shall

 send all notices

 of final action by

registered

 or certified mail,

 return receipt

requested.

 Final action shall

 be deemed

 to have taken

place on the date that such notice is signed.

Section

813.104

 Standards for Issuance of a Permit

a)

 THE AGENCY SHALL ISSUE A PERMIT UPON PROOF THAT THE FACILITY,

UNIT,

EQUIPMENT

WILL

NOT

CAUSE

VIOLATION

THIS

ACT

OF BOARD REGULATIONS.

b)

 IN GRANTING PERMITS, THE AGENCY MAY IMPOSE

 SUCH CONDITIONS

AS

MAY BE NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS ACT,

AND

AS ARE NOT INCONSISTENT WITH BOARD REGULATIONS.

c)

 EXCEPT FOR THOSE FACILITIES OWNED OR OPERATED BY SANITARY

DISTRICTS ORGANIZED UNDER

 “AN ACT TO CREATE SANITARY

DISTRICTS AND TO REMOVE OBSTRUCTIONS

IN

THE DES PLAINES AND

ILLINOIS RIVERS”, APPROVED MAY

29,

 1889,

 AS NOW OR HEREAFTER

AMENDED, NO PERMIT FOR THE DEVELOPMENT OR CONSTRUCTION

 OF A

NEW REGIONAL POLLUTION CONTROL FACILITY MAY BE GRANTED BY THE

AGENCY UNLESS THE APPLICANT SUBMITS PROOF TO THE AGENCY THAT

THE LOCATION OF SAID FACILITY HAS BEEN APPROVED BY THE COUNTY

BOARD OF THE COUNTY IF

 IN AN UNINCORPORATED AREA, OR THE

GOVERNING BODY OF THE MUNICIPALITY WHEN IN AN INCORPORATED

AREA IN WHICH THE FACILITY

 IS TO BE LOCATED IN ACCORDANCE

WITH SECTION 39.2 OF THIS

 ACT.

d)

 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 OPERATOR IS PROHIBITED.

86—819

—110—

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,

 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 MIGHT NOT

 BE MET

 IF THE PERMIT WERE GRANTED.

Section 813.106

 Permit Appeals

1.

 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.

 The petition shall

 be filed,

 and the proceeding

conducted,

 pursuant

 to the procedures

 of Section 40 of the

Act

and

35

 Ill. Mm. Code 105.

2.

 Preparation and distribution by the Agency of any draft

permit

 is not

 a final decision for purposes

 of appeal.

Section 813.107

 Permit No Defense

The

issuance

and

possession

permit

shall

not

constitute

defense

to

 a violation

 of the Act or any Board regulations,

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

CD)

 OF SECTION

 21 SHALL

EXPIRE AT THE END

OF

 2 CALENDAR YEARS’ FROM THE DATE UPON

WHICH

WAS

ISSUED,

UNLESS

WITHIN

THAT

PERIOD

THE

APPLICANT HAS TAKEN ACTION TO DEVELOP THE FACILITY OR

THE

SITE.

THE

EVENT

THAT

REVIEW

THE

CONDITIONS

THE

DEVELOPMENT

PERMIT

SOUGHT

PURSUANT

SECTIONS

OR 41, OR THE PERMITTEE

 IS PREVENTED FROM COMMENCING

86—820

—ill—

DEVELOPMENT

THE

FACILITY

SITE

ANY

OTHER

LITIGATION

BEYOND

THE

PERMITTEE’S

CONTROL,

SUCH

TWO-YEAR

PERIOD

SHALL

DEEMED

BEGIN

THE

DATE

UPON

WHICH

SUCH REVIEW PROCESS OR LITIGATION

 IS CONCLUDED.

Section

813.109

 Transfer of Permits

No permit

 is transferable from one person to another except as

approved by the Agency.

 A new operator seeking transfer of

a

permit shall demonstrate compliance with all applicable financial

assurance

 requirements.

Section 813.110

 Adjusted Standards

 to Engage

in

Experimental

Practices

a)

 Experimental practices may be

 implemented only at

permitted

 landfills.

b)

 Pursuant

 to Section

 28.1 of the Act and 35

 Ill.

 Adm.

Code 106.410—106.416,

 any person may,

 at any time,

petition the Board

 for an adjusted standard to any

standard

in

 35 Ill.

 Adm.

 Code

 811 except

 35 Ill. Adm

Code 811.320

 in order

 to engage

 in an experimental

practice at

 a permitted landfill

 in accordance with the

requirements of this section.

 The petition for adjusted standard shall contain

the

following

 information:

1)

 A narrative description of the experiment,

describing the necessity

 of this experiment and an

assessment of the chances

 for success;

2)

A

 list of all standards in 35

 Ill.

 Adrn.

 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 to be

implemented during the experiment;

4)

 Criteria for evaluating

 the success or

 failure of

the experiment.

 The criteria shall

 be specific

enough

 to allow the Agency to evaluate the success

of the experiment

 from the monitoring results;

5)

 A description of the methods

 to be

 implemented and

the total costs

 to restore the facility to

compliance with all standards

in

35

 Ill.

 Adm.

 Code

811

 if the experiment

 is determined

to

be

 a fail-

ure.

 The methods must be feasible with existing,

acceptable methods;

and

86—821

—112—

6)

 The time period necessary

 to conduct

 the experiment

and sufficient documentation

 to show that this is

the shortest practical

 time period.

 The time

period

 to conduct

 the experiment may

 be extended

only upon approval of the Board.

d)

 The Board will review all requests

 to conduct

experimental practices

 in accordance with Section 28.1

of the Act and the following criteria:

1)

 There

 is no practical way to conduct

 the experiment

in compliance with all requirements

of

 35 Ill.

 Adm.

Code

 811;

2)

 The experiment will

 be conducted in as short

 a time

as possible;

3)

It

 is possible to implement

 a monitoring plan

to

evaluate the experiment;

and

4)

 It will

 be possible

 to restore

 the site of the

experiment

 to meet all requirements of 35

 Ill.

 Adm.

Code

 811,

 should

 the experiment

 fail.

a)

 Implementation

 of the Experimental Practice

Upon approval of~the experimental practice by the Board,

the operator shall file an application

 for significant

modification of the permit with the Agency.

The

application shall contain the following information:

1)

 Detailed designs

 of all

 items to he constructed

for

use during the experiment;

2)

 The monitoring plan

 to be implemented during

the

experiment;

3)

 P. 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.

 Adm. Code

811

 if the

experiment

 is unsuccessful;

6)

 Cost estimates and financial assurance in an amount

equal

 to the costs necessary to restore

the

facility

 to compliance with all regulations.

f)

 Evaluation

 of Experimental Practice

86—322

-113-

1)

 After completion

 of the experiment all monitoring

data shall

 be submitted

to

 the Agency to be com-

pared with the criteria.

 The Agency shall

determine the success or

 failure of the experiment

by using the following criteria:

A)

 An experiment

 is successful

 if the monitoring

results meet

 or exceed

 the criteria for suc-

cess set at the beginning of the experiment;

and

B)

 If the experiment does not cause or contribute

to

 a violation

 of Board regulations or the

Act.

2)

 Upon completion of

 the experiment

 the Agency shall

return

 the financial assurance

 to the operator

if

the Agency determines

 that the experiment

is

a

success.

 If the experiment

is

 a failure,

 then the

Agency

 shall return the instrument when the

facility

 is restored

 to compliance with all

regulations.

Section 813.111

 Procedures

 for Contaminant Transport Models

Used

 for Groundwater Impact Assessments

a)

 The Agency may designate groundwater contaminant models

as acceptable

 for use by the applicant

for

 a groundwater

impact assessment.

 The applicant

 shall

 be relieved from

demonstrating compliance with

35

 Ill. Adm. Code 811.317

(c)

1,

 2, and

 3 in

 a permit application

 if a model

accepted by the Agency has been used.

b)

 At the request of any person,

 the Agency may review a

model.

 The person shall demonstrate that the model

meets

 the minimum requirements

of

35

 Ill.

 Adm. Code

811.317

(c)

1,

2,

and

3.

c)

 An applicant using

 a model accepted by

the Agency shall

submit documentation in a permit application showing

that the code used

 in the groundwater impact assessment

was the same code previously reviewed and accepted by

the Agency.

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)

 (1),

 (2),

and

 (3).

86—823

—114—

SUBPART

ADDITIONAL

PROCEDURES

FOR

SIGNIFICANT

MODIFICATION

PERMITS

Section 813.201

 Initiation of

 a Significant Modification

a)

 Operator Initiated Modification

P.

significant modification

 to an approved permit may be

initiated at the request

 of an operator at any time

after

 the permit

 is approved.

 The operator initiates

a

significant modification by application to the Agency.

b)

 Agency Initiated Modifications

1)

 The Agency may modify a permit under

the

 following

conditions:

A)

 Correct a

 typographical or calculation

 error;

B)

 Correct

 a determination or condition based

upon false

 or misleading

 information;

or

C)

 Upon order

 of the

Board.

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.

Section

813.202

 Information Required For a Significant

Modification of

 an Approved Permit

The applicant shall submit all information required

in

 35 Ill.

Mm.

 Code 812

 that will be changed

 from that

 in the original

approved permit.

Section

813.203

 Specific Information Required

 for A

Significant Modification To Obtain Operating

Authorization

a)

 The operator shall not place any structure constructed

at

 a landfill pursuant

 to a construction quality

assurance program

 into service until

 an operating

authorization has been issued by the Agency.

b)

 Prior

 to placing a structure

 into service,

 the applicant

shall submit an acceptance report prepared

 in accordance

with the

 requirements of

35

 Ill.

 Adm.

 Code 811.605(d).

86—824

—115—

Section 813.204

 Procedures For A Significant Modification of

an Approved Permit

Applications for significant modifications shall

 be subject

to

all requirements and time schedules

 in Supart

A.

SUBPART

C:

 ADDITIONAL PROCEDURES FOR THE RENEWAL 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

PERMITTEE

HAS

MADE

TIMELY

AND

SUFFICIENT

APPLICATION

FOR

THE RENEWAL OF

 A PERMIT, THE EXISTING PERMIT SHALL CONTINUE IN

FULL FORCE AND EFFECT UNTIL THE FINAL AGENCY DECISION ON THE

APPLICATION HAS BEEN MADE AND

ANY

 FINAL BOARD DECISION ON ANY

APPEAL PURSUANT TO SECTION

 40 HAS BEEN MADE UNLESS A LATER DATE

IS FIXED BY ORDER OF A REVIEWING COURT.

Section 813.303

 Information Required For

 A Permit Renewal

a)

 The operator shall submit only that

 information required

in 35

 Ill.

 Adm.

 Code 812 that has changed since

 the last

permit review by the Agency.

b)

 The operator shall update the groundwater impact assess-

ment

 in accordance with 813.304;

and

c)

 The operator shall provide a new cost estimate

for

closure and postclosure

 care 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. Mm.

 Code 811.317

if any of the following changes

 in the facility or its

operation will result

 in an increase

 in the probability

of exceeding

 a groundwater

 standard beyond the zone of

attenuation:

1)

 New or changed operating conditions;

2)

 Changes

 in the design and operation of the liner

and leachate collection system;

3)

 Changes due

 to more accurate geological

 data;

86—825

—116—

4)

 Changes due to modified groundwater conditions due

to offsite activity.

5)

 Changes due to leachate characteristics;

or

b)

 If the operator certifies that the conditions applicable

to

the original assessment have not changed

 in such

a

way

as

 to result

 in an unacceptable impact to

groundwater outside the zone

 of attenuation and no

monitoring well shows concentrations

 of constituents

in

groundwater greater

 than their maximum allowable

concentrations,

 then a new groundwater impact assessment

need not be performed.

Section 813.305

 Procedures for Permit Renewal

Applications

 for permit renewal shall

 be subject

 to all

requirements and time schedules

 in Subpart A.

SUBPART D: ADDITIONAL PROCEDURES FOR INITIATION AND TERMINATION

OF TEMPORARY AND PERMANENT CLOSURE AND POSTCLOS(JRE CARE

Section 813.401

 Agency Notification Requirements

a)

 The operator shall

 send

 to the Agency

 a notice

of

closure within

 30 days after the date the final volume

of waste is received.

b)

 The operator shall notify

 the Agency within

 30 days

after

 a temporary suspension

 of waste acceptance.

The

operator must comply with the requirements of the

temporary suspension plan.

c)

 Until closure has been completed,

 the operator shall

maintain

 a copy of the closure plan at the site or

at

a

definite location,

 specified in the permit,

 so as

 to be

available during inspection

 of the site.

Section 813.402

 Certification of Closure

a)

 When closure of

 a unit is completed,

 the operator shall

submit

 to the Agency:

1)

 Plan sheets for the closed unit; and

2)

 An affidavit by

 the operator and by a professional

engineer that the unit has been closed

in

accordance with

 the closure plan and all

requirements of

35

 Ill. Mm. Code 811.

b)

 When the Agency finds

 that the unit has been closed

in

accordance with the specifications

of

 the closure plan,

86—826

—117—

and the closure requirements of this

 Part,

 the Agency

shall:

1)

 Issue

 a certificate

 of closure; and

2)

 Specify

 the date

 the postclosure care period

begins.

Section 813.403

 Termination of the Permit

a)

At

 the end of

 the oostclosure care period the operator

and a professional engineer shall certify that

postclosure care is no longer necessary.

The

certification shall

 include information demonstrating

the following:

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 and

 is no longer subject

to settling or

erosion;

6)

 The facility does not constitute

 a threat

of

pollution

 to surface water;

and

7)

 The operator has completed all requirements of the

postclosure plan.

b)

 Within 60 days after

 receiving

 the certification

required

 in 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 has reason to believe 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 60 days after receiving the

certification required

 in subsection (a),

 the Agency

shall notify the operator

 in writing

 that the permit

is

terminated, unless the Agency has reason

 to believe that

continued postclosure care

 is required pursuant

 to the

postclosure care plan and this Part.

d)

 The operator may deem the Agency action pursuant to this

section as

 a permit denial

 for purposes of appeal

pursuant

 to Section 40 of the Act.

SA—S~7

—118—

SUBPART

REPORTS

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.

b)

 Agency Review of The Report

1)

 The Agency shall conduct

 a review

 of the annual

report 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)

 P. waste volume summary which includes:

A)

 Total amount of solid waste accepted at

the

facility;

and

B)

 Remaining capacity

 in each unit;

2)

 Monitoring data from the leachate collection

system,

 groundwater monitoring network, gas

monitoring

 system,

 and other monitoring data

required by the Agency,

 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

86—828

—119—

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)

 Signature of the person in responsible charge of

preparing the report.

Section 813.502

 Quarterly Groundwater Reports

All groundwater monitoring data shall be submitted

 to the Agency

on

 a quarterly basis,

 in 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.

SOURCE:

 Adopted

 in R88-7 at

 Ill. Rag.

_____

effective

86—829

—120—

Section

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART 814

INTERIM STANDARDS FOR EXISTING LANDFILLS AND UNITS

SUBPART

A:

 GENERAL REQUIREMENTS

814.101

814.102

814. 103

814.104

814.105

814.106

Scope

 and Applicability

Compliance Date

Notification

 to Agency of Facilities Status

Applications For Significant Modification of Permits

For Existing Facilities

Effect of Timely Filing

 of Notification of Facility

Status and Application For Significant Modification

Agency Action On Applications For Significant

Modifications

 to Existing Permits

SUBPART C:

 STANDARDS

 FOR EXISTING UNITS ACCEPTING CHEMICAL AND

PUTRESCIBLE WASTES THAT MAY REMAIN OPEN FOR MORE THAN SEVEN YEARS

Section

SUBPART D: STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AND

PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN YEARS

Scope and Applicability

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

Scope and Applicability

Standards for Operation and Closure

Implementing Sections

5,

21,

 21.1,

 22 and 22.17,

and

by Section

 27 of

 the Environmental Protection Act

Stat.

 1985,

ch.

 111 1/2,

 pars.

 1005,

 1021,

 1021.1,

and 1022.17).

Section

814. 201

814.202

SUBPART

B:

 STANDARDS FOR UNITS ACCEPTING INERT WASTE

Scope

 and Applicability

Applicable Standards

814.301

814.302

Scope and Applicability

Applicable Standards

Section

814. 401

814.402

Section

814.501

814.502

AUTHORITY:

author ized

(Ill.

 Rev.

1022,

1027

86—830

—121—

SOURCE:

Adopted

R88—7

Ill.

Reg.

_____,

effective

___________________

NOTE:

 Capitalization

 is used

 to indicate that

 the language

quotes or paraphrases

 a statute.

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER

h:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART

814

INTERIM STANDARDS FOR EXISTING LANDFILLS AND UNITS

SUBPART A:

 GENERAL REQUIREMENTS

Section 814.101

 Scope and Applicability

This Part establishes

 the standards applicable to landfills which

are disposing of waste as of the effective date

 of this Part.

This Part establishes different requirements

 for new disposal

units and existing disposal

units within such landfills.

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.

Section 814.102

 Compliance Date

Unless otherwise expressly provided,

 all landfills with existing

 units

 shall comply with

the requirements of

 this Part within

6

months of the effective date of these regulations.

Section

814.103

 Notification

 to Agency of Facilities Status

Six months

 after

 the effective date of

 these regulations,

all

operators shall

 send notification

 to the Agency describing status

of the facility,

 estimated date of closure of pre—existing units,

and whether

 the facility

 is subject to the requirements of

Subpart B,

 Subpart

 C, Subpart D,

 or Subpart

S.

Section 814.104

 Applications For Significant Modification of

Permits

 For Existing Facilities

a)

 All operators shall

 file an application

for

a

significant modification

 to their permits

 for existing

units,

 unless the units will be closed pursuant

to

Subpart

 S within two years of the effective date of

these regulations.

b)

 The operator

 of an existing unit

 shall submit all

information

 required

in

 35 Ill. Mm.

 Code 812 that

is

86—831

—122—

necessary to demonstrate compliance with Subpart

B,

Subpart C

 or Subpart

D,

 whichever

 is applicable.

c)

 The application shall

 be filed within

 48 months of

the

effective date of these regulations,

 or at such earlier

time as the Agency shall specify

 in writing.

d)

 The application shall

 be made pursuant

 to the procedures

of

35

 Ill. Mm.

 Coda

 813.

Section 814.105

 Effect

 of Timely Filing of Notification

of

Facility Status and Application For

Significant Modification

a)

 Permits

 issued pursuant to

35

 Ill. Mm.

 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

Environmental Protection Act

 (Act),

 Ill. Rev. Stat.

1985,

ch.

111

 1/2, par.

 1001 et seq.

b)

 An operator who has timely filed a notification of

facility status and

 an application for significant

permit modification shall continue operation

 under

the

terms of

 its existing permits until final determination

by the Agency on

 its application and any subsequent

 appeal

 to the Board pursuant

 to Section

 40 of

 the Act.

During this

 time,

 the operator will be deemed

 to be

in

compliance with all requirements of this Part.

Section 814.106

 Agency Action On Applications For Significant

Modifications

 to Existing Permits

The Agency shall review applications

 for significant

modifications

 to existing permits

 in accordance with

the

requirements and procedures of 35

 Ill. Adm. Code 813.

SUBPART

B:

 STANDARDS FOR UNITS ACCEPTING INERT WASTE

Section 814.201

 Scope

 and Applicability

a)

 The standards

 in this Subpart are applicable

 to all

existing units of landfills,

 including those exempt from

permit requirements

 in accordance with Section 21(d)

of

the Act,

 that accept only inert waste.

 Units

 that meet

the

requirements

this

Subpart

may

remain

open

for

indefinite period

 of time after

 the effective date of

these regulations.

b)

 Units which are unable

 to comply with the requirements

of

 this Subpart are subject

 to the requirements of

Subpart

D.

86—832

—123—

Section 814.202

 Applicable Standards

Units which accept only inert waste shall

 be subject

 to all

of

the requirements Subparts A and B

 of 35

 Ill.

 Adm.

 Code 811.

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 are applicable

 to all

existing units of landfills,

 including those exempt from

permit requirements

 in accordance with Section 21

(d)

of

the Act,

 that accept chemical and putrescible wastes.

Units

 that meet the requirements

 of this Subpart may

remain open for

 an indefinite period

 of time after the

effective date of

 these regulations.

b)

 Units which

 are unable

 to comply with the requirements

of

 this Subpart are subject

 to the requirements of

Subpart D or Subpart

S.

Section 814.302

 Applicable Standards

a)

All

of

 the requirements

 for new units described

 in 35

Ill. Mm.

 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

 35 Ill.

 Adm.

 Code 811.304 and 811.305;

3)

 The final cover

 requirements of

35

 Ill. Adm

Code

811.314 shall not apply

 to units or parts of units

closed

 covered and vegetated prior

 to the

effective date of these regulations;

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 requirements

of

 35 Ill.

 Adm. Code 811.315, except that enough

information shall

 be collected to implement

a

groundwater monitoring program in accordance with

35

 Ill.

 Adm.

 Code 811.318 and establish background

concentrations for

 the purpose of establishing

water

quality

standards

pursuant

ill.

Mm.

Code 811.320;

and

36—833

—124—

b)

 Units regulated under

 this Subpart

 shall

 be subject

to

the following standards:

1)

 The unit must

 be equipped with

 a system to drain

and collect leachate and transport it

to

 a leachate

management

 system.

 The collection system need not

be designed

 in compliance with

 the requirements of

35

 Ill.

 Adm Code 811.307 and 811.308.

2)

 The completed unit shall achieve

 a long-term static

safety factor against slope failure

of

 1.5;

3)

 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;

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

 in 35 Ill.

Adm. Code 811

 (For example,

 an existing unit

with an expected life of

 7 years after

the

effective date of these regulation would be

required

 to provide financial assurance

for

21

years of postclosure care,

 2l=7x3.

For

a

unit expected

 to be

 in operation

for

 12 more

years:

 36=l2x3, but 30

 is less than 36

 so the

applicable design period

is

 30 years.); and

C)

 The design period may not be

 reduced as

allowed by 35

 Ill.

 Adm. Code 811.303.

SUBPART

D:

 STANDARDS FOR EXISTING UNITS ACCEPTING CHEMICAL AND

PUTRESCIBLE WASTES THAT MUST INITIATE CLOSURE WITHIN SEVEN

 YEARS

Section 814.401

 Scope and Applicability

a)

 The standards

 in this Subpart are applicable

 to all

existing units of

 landfills,

 including those exempt from

permit requirements

 in accordance with Section

21

(d)

of

the Act,

 that accept chemical and putrescible wastes.

Units that meet the requirements of this Subpart shall

initiate closure within seven years

 after

 the effective

date of these regulations.

b)

 Units which are unable

 to comply with

 the requirements

of this section are subject

 to the requirements of

Subpart

E.

36—834

—125—

Section 814.402

 Applicable Standards

a)

 All of

 the requirements

 for new units described

 in 35

Ill.

 Adm.

 Code 811 sha~ll apply to units regulated under

this Subpart except

 the following:

1)

 The location standards in

35

 Ill.

 Adm.

 Code 811.302

(a),

Cc),

(d),

and

(e);

2)

 The foundation and mass stability analysis

standards

Ill.

Adm.

Code

811.304

and

811.305;

3)

 The liner and leachate drainage and collection

requirements of 35

 Ill. Mm.

 Code 811.306, 811.307,

and 811.308;

4)

 The final

 cover requirements

of

35

 Ill.

 Adm Code

811.314 shall not apply

 to units or parts

 of units

closed

 covered and vegetated prior

 to the

effective date of these regulations;

5)

 The hydrogeological

 site investigation requirements

of 35

 Ill.

 Adm. Code 811.315;

6)

 The groundwater

 impact assessment standards of

35

Ill. Adm. Code 811.317;

7)

 The groundwater monitoring program requirements of

35

 Ill. Mm. Code 811.318

 (d); and

8)

 The groundwater quality standards

of

 35 Ill. Mm.

Code 811.320 (a)~ (b)

 arid

 (c);

and

b)

 The following standards shall apply

 to units

 regulated

under

 this Subpart:

1)

 The unit may not expand beyond

 the area disturbed

prior

 to the effective date

 of these regulations;

2)

 After

 the effective date of these regulations,

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

these regulations and may renew those permits as

necessary.

3)

 Groundwater Standards

A)

 A unit shall not contaminate

 a source of

drinking water at

 the compliance boundary

defined as the edge

 of the unit.

 At any point

on the compliance boundary,

 the concentration

of constituents shall not exceed the water

86—835

—126—

quality standards specified

in

35

 Ill. Mm.

Code 302.301,

 302.303,

 302.304,

 and 302.305 at

the edge of

 the zone

 of compliance.

 The Board

may

adjust

the

zone

compliance

accordance with Section 28.1 and

the

procedures

 of 35

 Ill. Adm. Code 106.410—

106.416 of

 the Act upon demonstration by the

operator that the alternative zone would not

result

 in contamination of groundwater which

may be needed or used for human consumption.

The Board

 shall consider the following

factors:

i)

 The hydrogeological characteristics

of

the unit and surrounding land,

 jncluding

any natural attenuation and dilution

characteristics of the aquifer;

ii)

 The volume and physical and chemical

characteristics of the leachate;

iii) The quantity,

 quality, and direction

of

flow of groundwater underlying

the

facility;

iv)

 The proximity and withdrawal

 rates of

groundwater

 users;

v)

 The availability

 of alternative drinking

water supplies;

vi)

 The existing quality of the groundwater,

including other sources

 of contamination

and their cumulative impacts on the

groundwater;

vii)

 Public health, safety,

 and welfare

affects; and

viii)

 In no case shall

 the zone

 of compliance

extend beyond the property line or beyond

the annual high water mark of any

 navigable surface water.

4)

 Calculation of the Design Period

For the purposes

 of calculating financial assurance

the design period

 shall

 be calculated

 as follows:

A)

 The design period

 shall

 be no less than five

years; and

B)

 The postclosure care period shall

 be extended

by three

 years

 for each year the unit

is

86—836

—127—

expected

operation

the

applicable design period

 required in 35 Ill.

Adrn.

 Code 811.

 (For example,

 an existing unit

with an expected life of

 3 years

 after

the

effective date of these regulation would

be

required

 to provide financial assurance

for

9

years of postclosure

 care, 93x3.)

C)

 The design period may not be reduced as

allowed

 by 35

 ill.

 Adm. Code 811.303.

SUBPART

E:

 STANDARDS FOR EXISTING UNITS ACCEPTING INERT WASTE

ONLY,

 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 21

(d)

of

the Act,

 that accept

 inert waste

 only,

 or which accept

chemical and putrescible wastes.

b)

 All units

 that cannot demonstrate compliance with the

requirements

 of Subpart B

 or Subpart

 C or are scheduled

to begin closure within two years of

 the effective date

of these regulations

must begin closure within two years

of the effective date of these regulations.

c)

 A new permit shall

 not be required

 for any facility at

which all units will close within two years

of

the

effective date of these

 regulations..

Section 814.502

 Standards

 for Operation and Closure

a)

 All units regulated

in

 this Subpart are

subject

 to all

requirements in

35

 Ill. Mm.

 Code

 807.

b)

 All units regulated under

 this Subpart are subject

to

all conditions

 of the existing permit.

SOURCE:

 Adopted

 in R88—7

at

 Ill.

 Reg.

_____

effective

86—837

—128—

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

WASTE

DISPOSAL

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

SOLID

WASTE

AND

SPECIAL

WASTE

HAULING

PART 815:

 PROCEDURAL REQUIREMENTS FOR ALL LANDFILLS

EXEMPT FROM PERMITS

SUBPART A:

 GENERAL REQUIREMENTS

Section

815.101

 Scope and Applicability

815.102

 Required Signatures

SUBPART

B:

 INITIAL FACILITY REPORT

Section

815.201

 Scope and Applicability

815.202

 Filing Deadline

815.203

 Information to be Filed

815.204

 Required Signatures

SUBPART C: ANNUAL

 REPORTS

815.301

 Scope and Applicability

815.302

 Reporting Period

815.303

 Information

 to be Submitted

SUBPART D: QUARTERLY GROUNDWATER REPORTS

815.401

 Scope and Applicability

815.402

 Filing Schedule

SUBPART

E:

 INFORMATION TO BE RETAINED ONsI’rE

815.501

 Scope and Applicability

815.502

 Acceptance Reports

815.503

 Other Information

AUTHORITY:

 Implementing Sections

 5 and 21, and authorized

by

Section

 27 of the Environmental Protection Act (Ill.

 Rev. Stat.

1985,

ch.

 111 1/2,

 pars.

 1005,

 1021,

 and,

 1027).

SOURCE:

 Adopted

 in R88—7

at

 Ill.

 Rag.

______,

effective

__________________

TITLE

35:

 ENVIRONMENTAL PROTECTION

SUBTITLE

G:

 WASTE

DISPOSAL

CHAPTER

I:

 POLLUTION CONTROL BOARD

SUBCHAPTER h:

 SOLID WASTE AND SPECIAL WASTE HAULING

PART

 815:

 REPORTING REQUIREMENTS FOR ALL LANDFILLS

EXEMPT FROM PERMITS

36—838

—129—

SUBPART

GENERAL

REQUIREMENTS

Section 815.101

 Scope and Applicability

The requirements

 of this Part are applicable

 to all

 landfills

exempt from permits pursuant to Section

21

(d)

 of the

Environmental Protection

 (Act),

 Ill.

 Rev.

 Stat.

 1985,

ch.

111

1/2,

 par.

 1021(d).

Section 815.102

 Required Signatures

All reports shall

 be signed by a duly authorized agent.

The

following persons

 are considered duly authorized agents:

a)

 For Corporations,

 a principal executive officer

 of at

least the level of vice president

b)

For

 a sole proprietorship

 or partnership,

 a proprietor

or general partner,

 respectively;

c)

For

 a municipality, state,

 federal or other public

agency,

 by the head of

 the agency or ranking elected

official.

SUBPART

B:

 INITIAL FACILITY REPORT

Section 815.201

 Scope and Applicability

All landfills regulated under

 this Part shall

 file an initial

facility report with the Agency.

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 these

regulations.

b)

 New Facilities

The initial

 facility report shall be filed with the

Agency before waste

 is accepted.

Section 815.203

 Information

 to be Filed

a)

 New Units

All of the information required

in

35

 Ill.

 Adm.

 Code 812

except

 35 Ill.

 Adm.

 Coda 812.101, 812.103, 812.104,

812.105, and

812.116

 shall

 be filed with the Agency.

86—839

—130—

Existing

Units

All

the

information

required

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.

 Adrn. 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 notarized.

SUBPART C:

 ANNUAL REPORTS

Section

815.301

 Scope and Applicability

All landfills regulated under

 this Part shall

 file an annual

report with the Agency.

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

facility;

and

2)

 Remaining Capacity in each unit;

b)

 Monitoring Data from the leachate collection system,

groundwater monitoring network, gas monitoring system,

and other monitoring data required by

 the Agency,

including:

1)

 Graphical results

of monitoring efforts;

2)

 Statistical summaries and analysis of trends;

3)

 Changes

to

 the monitoring program;

and

86—840

—131—

4)

 Discussion oE 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 significant modifications made to the

operation during the course of the year.

e)

 Signature of the person

 in responsible charge of

preparing

 the report.

SUBPART D: QUARTERLY GROUNDWATER REPORTS

Section 815.401

 Scope and Applicability

All landfills regulated under this Part shall

 file all

groundwater monitoring

 data with the Agency containing

the

information required in this Subpart.

Section 815.402

 Filing Schedule

The reports shall be submitted

to

 the Agency on

 a quarterly

basis,

 in accordance with the following schedule:

April

for

activities

January,

February

and

March;

b)

 July 15

 for activities during April May and June;

 October

15

 for activities during July, August and

September;

and

d)

 January

15

 for activities during October, November and

December.

SUBPART

E:

 INFORMATION TO BE RETAINED ON5ITE

Section 815.501

 Scope and Applicability

All facilities exempt from permits pursuant to Section

21

(d)

of

the Act shall

 retain the information required to be collected by

the operator

shall

 retain the

 information on the site for

the

entire postclosure care period.

36—8~

—132—

Section 815.502

 Acceptance Reports

At the end

of each major phase of construction and prior

to

placing

 a structure

 into use, the CQA officer shall prepare an

acceptance report

 in accordance with the requirements of 35 Ill.

Adm. Code 811.605

 (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 wi~ththe

Agency

in

 a quarterly or annual ~reportshall

 be kept at or near

the facility for inspection by-tha Agency upon request during

normal working hours.

SOURCE:

 Adopted

 in R88—7

at

 Ill.

 Rag.

_____

effective

86—842