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related agreements to corporations, partnerships or limited liability companies in which

all of the outstanding equity interests are owned or controlled by EME. Mot. at 5. On

December 15, 1999, EME assigned its rights under the agreement to Midwest, which is a

limited liability company indirectly owned by EME. Mot. at 5. Midwest is now the

lessee and operator of the Lincoln Quarry and has assumed all the rights and obligations

associated with the operation of the Lincoln Quarry, including the obligation to provide

adequate financial assurance and to comply with all other applicable laws. Mot. at 5.

In December of 1999, ComEd and Midwest filed with the Agency an application

to transfer the revised Lincoln Quarry permit from ComEd to Midwest. Mot. at 5. In

September, 2000. The Agency approved the application to transfer the permit and issued

a revised permit to Midwest, as the operator. Exh. 2.

ComEd and Midwest note that the permit transfer will not change the Lincoln

Quarry operation. Mot. at 5. It will continue to be used solely for the disposal of bottom

ash and slag generated by the operation of the Joliet generating stations. Mot. at 5-6.

Additionally, Midwest has retained much of ComEd’s workforce. Mot. at 6.

Particularly, the employee involved in the recordkeeping and oversight responsibilities

for the Lincoln Quarry has been retained. Mot. at 6. Furthermore, Midwest continues to

employ the same engineering company used by ComEd for implementing the

groundwater monitoring program. Mot. at 6.

The parties also argue that the relevant factors that justified the grant of the

adjusted standard in 1996 did not involve the Lincoln Quarry operator’s identity, but

rather the physical characteristics related to the Lincoln Quarry. Mot. at 7. The transfer

of the operations of the Lincoln Quarry to Midwest does not impact these factors. Mot. at

8. The parties also argue that the Board has previously granted similar relief in other

matters. Mot. at 6-8;

In re

Petition of Envirite Corporation for Revised Adjusted

Standard from 35 Ill. Adm. Code 721 Subpart D (November 7, 1996), AS 94-10;

In re

Petition of Commonwealth Edison Company for Adjusted Standard from 35 Ill. Adm.

Code 302.211(d) and (e) (March 16, 2000), AS 96-10.

CONCLUSION

Based on ComEd’s and Midwest’s representations that the Agency concurs in this

request, operations at the Lincoln Quarry will not change, and upon the Board’s previous

finding of justification in its August 15, 1996 order, the Board officially reopens this

docket and substitutes the name of Midwest Generation, LLC, for Commonwealth Edison

Company in its August 15, 1996 order.

1. The Board hereby amends its August 15, 1996 order in this matter, and

grants to Midwest Generation, LLC, an adjusted standard for the

Joliet/Lincoln Quarry Site with respect to the following regulations: 35 Ill.

Adm. Code 814.302(b)(1), 811.319(a)(2), 811.319(a)(3), 811.318(b)(5),

811.320(c), and 811.314.

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2. The following Board regulations do not apply to the Joliet/Lincoln Quarry

Site: 35 Ill. Adm. Code 811.105, 811.106, 811.107(a), 811.107(b),

811.107(i), 811.310,811.311, 811.312, 811.313, 811.321, and 811.322.

3.

 

Midwest Generation, LLC shall dispose only bottom ash and slag from the

combustion of coal in the Main Quarry.

4.

 

Midwest Generation, LLC shall operate a leachate collection and

management system at the Joliet/Lincoln Quarry Site that assures

compliance with effluent limitations contained in an NPDES

permit duly issued by the Illinois Environmental Protection Agency. The

leachate collection and management system shall consist of:

a)

 

A gravity flow drainage system that:

i)

 

Channels supernatant liquid from the Main Quarry into the

North Quarry; and

ii)

 

Assures that the water level in the Main Quarry is

maintained below the natural water table level.

b)

 

A permitted point source discharge from the North Quarry to the

Des Plaines River.

5.

 

Groundwater Sampling.

a)

 

Midwest Generation, LLC shall analyze groundwater from the

monitoring well system at the Joliet/Lincoln Quarry Site, in

accordance with the requirements of 35 Ill. Adm. Code

811.319(a)(1), for the following constituents:

Ammonia Fluoride Selenium Total Organic

Arsenic Manganese Sodium Carbon

Boron Molybdenum Sulfate Zinc

Cadmium pH Total Dissolved

Chloride Potassium Solids

b)

 

Except for the constituents monitored in accordance with a),

Midwest Generation, LLC shall sample its monitoring well system

on an annual basis for all inorganic constituents for which the

Board has established Class II groundwater standards under 35 Ill.

Adm. Code 620.420(a).

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i)

 

If Midwest Generation, LLC detects, and confirms through

replicate sampling, a statistically significant increase above

applicable groundwater standards for any constituent

monitored under this paragraph, Midwest Generation, LLC

shall monitor that constituent in accordance with the

requirements of paragraph a).

ii) If, after monitoring for five years in accordance with this

paragraph, Midwest Generation, LLC does not detect a

statistically significant increase above applicable

groundwater standards for a constituent monitored under

this paragraph ii), Midwest Generation, LLC may propose

as a permit modification to discontinue monitoring for that

constituent.

6.

 

Waste Sampling.

a)

 

At least once annually, Midwest Generation, LLC shall determine

the semi-volatile organic constituent content of a representative

sample of waste bottom ash and slag to be disposed at the

Joliet/Lincoln Quarry Site.

b)

 

The results of such sampling shall be submitted to the Agency

within 30 days after Midwest Generation, LLC receives the

analytical report.

c)

 

If Midwest Generation, LLC detects one of the semi-volatile

organic constituents listed under 35 Ill. Adm. Code 811.319(a)(3)

in its ash samples, then Midwest Generation, LLC shall conduct

confirmatory sampling and analysis.

d) If the sampling and analysis conducted under c) above confirms the

presence of one or more of the listed semi-volatile organic

constituents, then Midwest Generation, LLC shall monitor its

groundwater monitoring well system for those constituents in

accordance with the sampling and analysis plan contained in

Volume II of the Application for Significant Permit Modification

at Lincoln/Joliet Quarry Ash Landfill [IL 197809001] (May 1994).

7.

 

Standards for Monitoring Well Locations.

a)

 

In consultation with Midwest Generation, LLC, the Agency shall

establish a monitoring well network for the Lincoln Quarry Site

that achieves the monitoring objectives of part 811. The Agency

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shall not impose more stringent well location standards than the

requirements in 35 Ill. Adm. Code 811.318(b).

b)

 

If any of the wells in the monitoring network established by the

Agency fails or is rendered unusable, Midwest Generation, LLC

shall request permission from the Illinois Environmental Protection

Agency to replace the well with another well, located as close as

practicable to the non-functioning well and sampling the same

aquifer.

8.

 

Zone of Attenuation.

a) For purposes of this paragraph f), the zone of attenuation at the

Joliet/Lincoln Quarry Site shall be defined as the volume bounded

by a vertical plane extending from the ground surface to the bottom

of the uppermost aquifer, excluding the waste, and located:

i) 100 feet from the edge of Lincoln Quarry on the upgradient

side with respect to groundwater flow; and,

ii) At the property boundary on the downgradient side with

respect to groundwater flow. If the property boundary

extends beyond the annual high water mark of the Des

Plaines River at any location, the zone of attenuation at that

location will be reduced to satisfy the requirements of 35

Ill. Adm. Code 811.320(c)(2).

This zone of attenuation is depicted on [Figure SAP-5,

Volume II of the Application for Significant Permit

Modification, attached to the petition for site specific

relief.]

b) Groundwater quality at or beyond the zone of attenuation for the

Joliet/Lincoln Quarry Site shall be maintained at each constituent’s

background concentration.

c) Nothing herein shall be construed to prohibit Midwest Generation,

LLC from petitioning the Board for an adjustment of the

groundwater quality standards applicable to the Site, in accordance

with the procedures established in 35 Ill. Adm. Code 811.320(b).

d) Compliance Determination.

Any statistically significant increase above an applicable

groundwater quality standard that is attributable to the facility and

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which occurs at or beyond the zone of attenuation within 100 years

after closure of the last unit accepting waste within such a facility

shall constitute a violation.

9.

 

Final Cover.

a)

 

For purposes of b) and c) below, “maximum adjusted seasonal

water table level” means the maximum predicted water table level

in the vicinity of the Joliet/Lincoln Quarry Site, determined at the

time of closure, plus sufficient elevation to ensure the integrity of a

cap.

b) Closure Below Water Table.

i)

 

If, at the time of closure, the level of settled ash in Lincoln

Quarry is at or below the maximum adjusted seasonal water

table level, no final cover is required for the Quarry and the

Quarry shall be maintained as an impoundment.

ii) Water levels in the Quarry shall be maintained at or below

a maximum elevation of 570 feet above sea level.

ii)

 

A chain link fence no less than eight (8) feet in height,

topped by a no less than three (3) strands of barbed wire,

shall be installed around the Joliet/Lincoln Quarry Site to

prevent access and shall be maintained in good condition at

all times.

c)

 

Closure Above Water Table.

i) If, at the time of closure, the level of settled ash in Lincoln

Quarry is above the maximum adjusted seasonal water table

level, Midwest Generation, LLC shall install a two-stage

cover system, which shall consist of a compacted clay layer

that performs equivalently to a 2 foot layer of compacted

soil having a hydraulic conductivity of 1 x 10-7 cm/sec,

overlain by at least four inches of topsoil. The cap shall be

graded at no less than 2% grade and shall drain to a

collection area located on the cap. Stormwater collecting

on the cap shall be pumped to the North Quarry for settling

prior to discharge pursuant to the facility’s NPDES permit.

The cap shall be seeded to prevent erosion.

ii) Water levels in the Main Quarry shall be maintained at no

more than 570 feet above sea level through use of a gravel

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drainage blanket underlying the stormwater collection area.

Water collecting in the drainage blanket shall drain by

gravity to the North Quarry for settling prior to discharge

pursuant to the facility’s NPDES permit.

Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the

appeal of final Board orders within 35 days of the date of service of this order. The Rules

of the Supreme Court of Illinois establish filing requirements. See also 35 Ill. Adm. Code

101.246 "Motions for Reconsideration”.

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify

that the above order was adopted on the 7th day of December 2000 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board