ILLINOIS POLLUTION CONTROL BOARD
July 10, 1997
IN THE MATTER OF:
PETITION OF SOUTHERN ILLINOIS
REGIONAL LANDFILL, INC. (SIRL) FOR
AN ADJUSTED STANDARD FROM 35 ILL.
ADM. CODE 811.309
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AS 97-8
(Adjusted Standard - Land)
OPINION AND ORDER OF THE BOARD (by M. McFawn):
This matter comes before the Board upon the petition for an adjusted standard filed by
Southern Illinois Regional Landfill, Inc. (SIRL) on April 15, 1997. The petition applies to SIRL’s
municipal and special non-hazardous waste landfill located in Jackson County, Illinois (Landfill).
The requested adjusted standard is intended to facilitate construction and operation of a
constructed wetlands treatment system to treat leachate from the Landfill. Based upon the record
before it, the Board finds that SIRL has demonstrated that grant of an adjusted standard from 35
Ill. Adm. Code 811.309 is warranted.
JURISDICTION AND PROCEDURE
The Board's jurisdiction and authority in this matter arise from the Environmental
Protection Act, 415 ILCS 5/1
et seq.
(1996) (Act). The Board is charged therein to “determine,
define and implement the environmental control standards applicable in the State of Illinois,”
Section 5(b), and to “grant . . . an adjusted standard for persons who can justify such an
adjustment,” Section 28.1(a). More generally, the Board's responsibility in this matter is based on
the system of checks and balances integral to Illinois environmental governance: the Board is
charged with the rulemaking and principal adjudicatory functions, while the Illinois Environmental
Protection Agency (Agency or IEPA) has the principal administrative duties.
Section 28.1 of the Act provides that a petitioner may request, and the Board may impose,
an environmental standard that is different from the standard that would otherwise apply to the
petitioner as the consequence of the operation of a rule of general applicability, i.e., an “adjusted
standard.” The Act provides, in Section 28.1(d)(3), that “the Agency shall participate in [adjusted
standard] proceedings.” On April 28, 1997, the Agency filed the “Illinois Environmental
Protection Agency’s Response to Petition for Adjusted Standard,” in which it recommends that
the Board grant SIRL’s petition.
SIRL waived hearing in this matter pursuant to 35 Ill. Adm. Code 106.705(j). A
“Certificate of Publication” filed by SIRL on May 5, 1997, reflects that a public notice of SIRL’s
petition was published in a newspaper of general circulation in the region surrounding the Landfill
on April 18, 1997. The notice included a statement that any party could request a hearing within
21 days after the date of publication. No other person requested a hearing, and accordingly no
hearing was held. On May 16, 1997, SIRL filed with the Board its “Request for Expedited
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Ruling,” in which it was suggested that prompt approval of the proposed adjusted standard could
permit construction of the constructed wetland treatment system during this construction season.
BACKGROUND
As a landfill operator, SIRL is required under 35 Ill. Adm. Code 809.311(a) to collect and
dispose of leachate
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during the Landfill’s active life and subsequent post-closure period. SIRL is
currently permitted to transport and dispose of leachate at publicly-owned treatment works in
Cairo, Illinois and St. Louis, Missouri. SIRL proposes to utilize a constructed wetlands treatment
system (CWTS), which would be a part of the Landfill facility, to treat leachate from the Landfill.
The CWTS is an experimental system, and SIRL’s would be the first in this state. In its petition,
SIRL describes the CWTS as follows:
SIRL proposes to utilize a constructed wetlands treatment system
(CWTS) to treat landfill leachate. The proposed treatment system
for this application is based on an average leachate flow of 40,000
gpd over the landfill's active life and post-closure period, and is
composed of four unit operations:
1.
Reed Bed
2.
Constructed Wetland
3.
Storage Lagoon
4.
Land Application
The proposed CWTS will only handle waste generated by SIRL or
by facilities owned, operated and controlled by SIRL. The effluent
from the proposed treatment system will then be discharged to a
land application unit, with no direct discharge to the waters of the
state. Each part of this treatment system provides complementary
treatment, and when all the plant communities are established, the
system should meet or exceed all relevant regulatory requirements.
At this point, pretreatment or stabilization of the leachate prior to
discharge to the CWTS does not appear to be necessary. An
appropriate pretreatment/stabilization system will be installed if its
need is demonstrated in the course of the experiment.
(Petition at p. 1.)
Initially, the CWTS was proposed as part of a significant modification application which
SIRL filed with the Agency. At pre-submittal meetings between SIRL and the Agency, it was
determined that 35 Ill. Adm. Code 811,
inter alia
, applied to SIRL’s proposal. Section 811.309
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Leachate is defined in 35 Ill. Adm. Code 810.103 as a “liquid which has been or is in direct
contact with a solid waste.”
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governs leachate treatment and disposal systems. Section 811.309 specifically mentions three
possible means of disposing of leachate: discharge into waters of the state
(Section 811.309(c)(5)), discharge to an offsite treatment works (Section 811.309(e)), and
recirculation of leachate back into the landfill (Section 811.309(f)). There is no mention in
Section 811.309 of the disposal method proposed by SIRL: land application of treated leachate.
So, while the Agency has issued a permit to SIRL, the permit contains the following condition:
Pursuant to 35 IAC [sic], Section 811.309(h)(1), leachate from this
landfill shall be collected and disposed beginning as soon as it is
first produced and continuing for at least five years after closure.
Collection and disposal of leachate may cease only when the
conditions described in 35 IAC [sic], Section 811.309(h)(2) have
been achieved. The wetlands proposed for leachate treatment in
application Log No. 1994-176 is an experimental practice and must
obtain an adjusted standard in accordance with 35 IAC
[sic]813.110 prior to submitting an application
.
(Emphasis added.) SIRL through its petition seeks the adjusted standard required by the quoted
permit condition.
REQUIREMENTS FOR EXPERIMENTAL PRACTICE
Because SIRL seeks an adjusted standard for an experimental practice, the special
provisions for experimental practices found at 35 Ill. Adm. Code 813.110 come into effect.
Under those provisions, a Petition seeking an adjusted standard to facilitate an experimental
practice is required to include additional information beyond that generally required in an adjusted
standard petition. The additional information required is set forth in 35 Ill. Adm. Code
813.110(c), which provides:
c)
The petition for adjusted standard shall contain the following
information in addition to that required by 35 Ill. Adm. Code 106
Subpart G. * * *
1)
A narrative description of the experiment, describing the
necessity of this experiment and an assessment of the
expected outcome of this experiment;
2)
A list of all standards in 35 Ill. Adm. Code 811 that must be
adjusted in order to conduct the experiment and a reason
why each standard must be adjusted;
3)
A description of the monitoring program . . . to be
implemented during the experiment;
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4)
Criteria for evaluating the experimental practice. The
criteria shall be specific enough to allow the Agency to
evaluate the performance of the experimental practice from
the monitoring results . . . ;
5)
A description of the methods to be implemented and the
total costs to restore the facility in compliance with all
standards of 35 Ill. Adm. Code 811, 812, or 814 if the
experiment is determined to be a failure. The methods must
be feasible with existing methods in use; and
6)
The time period requested in which to conduct the
experiment and documentation to show that this is the
shortest practical time period in which success or failure can
be determined.
SIRL’s petition contains the information required by Sections 813.110(c)(1) through (6).
The Board thus proceeds to consider the merits of SIRL’s petition.
ANALYSIS OF PETITION FOR ADJUSTED STANDARD
Statutory Criteria For Grant Of Adjusted Standard
The general procedures that govern an adjusted standard proceeding are found in Section
28.1 of the Act and in the Board's procedural rules at 35 Ill. Adm. Code 106. Section 813.110(d)
directs the Board to review SIRL’s petition in accordance with these provisions and the Agency’s
recommendation. Because the standard from which SIRL seeks an adjustment does not specify a
level of justification or other requirement for an adjusted standard, the Board applies the criteria
set forth in Section 28.1(c) of the Act, which provides:
c.
If a regulation of general applicability does not specify a level of
justification required of a petitioner to qualify for an adjusted
standard, the Board may grant individual adjusted standards
whenever the Board determines, upon adequate proof by the
petitioner, that:
1.
factors relating to that petitioner are substantially and
significantly different from the factors relied upon by the
Board in adopting the general regulation applicable to the
petitioner;
2.
the existence of those factors justifies an adjusted standard;
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3.
the requested standard will not result in environmental or
health effects substantially and significantly more adverse
than the effects considered by the Board in adopting the rule
of general applicability; and
4.
the adjusted standard is consistent with any applicable
federal law.
We therefore review the information in SIRL’s petition and the Agency’s response to determine
whether the proposed adjusted standard satisfies the listed criteria.
Significantly Different Factors
The CWTS is a new and experimental system, which has not heretofore been used in
Illinois. At the time that Section 811.309 was adopted, the Board did not consider the use of
constructed wetlands to process landfill leachate, or the land application of the processed
leachate. See In re Development, Operating and Reporting Requirements for Non-Hazardous
Waste Landfills (Aug. 17, 1990), R88-7. The Board accordingly finds that factors relating to
SIRL are significantly different than those considered by the Board in adopting Section 811.309.
Justification for Adjusted Standard
In addition to the information requirements set forth in 35 Ill. Adm. Code 813.110(c)
discussed above, Section 813.110 also requires that the Board make four assumptions when
reviewing adjusted standard petitions involving experimental practices. The first assumption, in
Section 813.110(d)(1), is that “[t]here is no way in which to conduct the experiment in
compliance with all requirements of 35 Ill. Adm. Code 811, 812 or 814[.]” It follows from this
assumption that SIRL cannot conduct its experimental procedure without an adjusted standard.
Accordingly, the Board finds that an adjusted standard is justified in this case.
Environmental or Health Effects
The proposed adjusted standard involves only approval of a mechanism for disposal of
leachate, and has no effect on the protective measures required for any leachate treatment system
or the standards to be met in any ground application of wastewater and/or sludge. Indeed, SIRL
and the Agency have specifically agreed that all otherwise applicable provisions of 35 Ill. Adm.
Code 811, 372, and 391, as well as the Illinois Groundwater Protection Standards, will apply to
the CWTS. The Board further notes that in its petition, SIRL describes a number of specific
characteristics of the CWTS designed to ensure the system’s integrity, including:
a.
The constructed wetlands and storage ponds will be lined with the same composite
clay and geosynthetic liners as the Landfill;
b.
A monitoring system will be implemented which will include analysis of
groundwater (from at least three wells), soils in the irrigation site, plant tissues in
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the area, and influent to and effluent from the treatment units, to ensure
compliance with all applicable standards; and
c.
A contingency plan in the event the experiment is determined to be a failure, under
which liquid wastes and affected soils would be disposed of using currently
available resources.
The Board accordingly finds that the requested adjusted standard will not result in environmental
or health effects substantially and significantly more adverse than the effects considered by the
Board in adopting Section 811.309.
Consistency with Federal Law
The Board accepts the Agency’s representation that the proposed adjusted standard is
consistent with applicable federal law.
CONCLUSION
SIRL seeks an adjusted standard pursuant to Section 813.110: Adjusted Standards to
Engage in Experimental Practices. SIRL has satisfied the information requirements contained
therein. SIRL proposes to treat and dispose of the leachate from its Landfill using a natural
system, i.e., the wetlands system described in its Petition and above in this opinion. Since this is a
treatment system not identified in Section 811.309, the Agency directed SIRL to obtain approval
for this system pursuant to Section 813.110. According to SIRL and the Agency, the CWTS
described in the Petition is a new method which has not been constructed or used elsewhere in the
state. SIRL and the Agency agree that the CWTS will operate in accordance with the Board’s
regulations governing land application of wastewater (Part 372), land application of sludge (Part
391), Class II groundwater standards (Section 620.420), and the standards for new solid waste
landfills (Part 811). Thus, SIRL does not need an adjusted standard from any specific Board
regulation. Rather SIRL needs to provide the Board with the information required pursuant to
Section 813.110(c), so the Board can determine whether the experimental practice it seeks to
construct and operate satisfies the criteria set forth at Section 28.1 of the Act. As noted above,
SIRL has satisfied the information requirements of Section 813.110(c).
In critical part, Section 28.1 of the Act requires that the adjusted standard will not result in
environmental or health effects substantially more adverse than the rule of general applicability.
The regulations do not specifically address the experimental practice proposed by SIRL.
However, the Agency and SIRL have identified the Board regulations that will be applicable to
the treatment and disposal methods used in the CWTS. They agree that those methods will allow
SIRL to comply with those regulations. Based on the record, the Board finds that the
experimental practice proposed by SIRL, the CWTS, satisfies the requirements of Section 28.1 of
the Act and Section 813.110 of the Board’s regulations.
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For the reasons stated in this opinion, the Board finds that SIRL has demonstrated that
grant of the requested adjusted standard is warranted. This opinion constitutes the Board's
findings of fact and conclusions of law in this matter.
ORDER
Southern Illinois Regional Landfill, Inc., is hereby granted an adjusted standard from 35
Ill. Adm. Code 811.309 as follows:
Adjusted Standard
In lieu of the methods of leachate collection and disposal provided
for in 35 Ill. Adm. Code 811.309, Southern Illinois Regional
Landfill (“SIRL”) shall be permitted to utilize its proposed
Constructed Wetlands Treatment System (“CWTS”) to treat and
dispose of leachate from SIRL. The following conditions shall
apply to this adjusted standard:
1)
Prior to construction or operation of a CWTS, SIRL shall
submit detailed design, operation and maintenance,
monitoring, construction quality assurance, closure plan,
and criteria for evaluating the success or failure of the
CWTS to the Illinois Environmental Protection Agency
(“IEPA”) in the form of an application for significant
modification of permit;
2)
If a CWTS is used to treat leachate from SIRL, then SIRL
shall be required to comply with all applicable requirements
of 35 Ill. Adm. Code Parts 811, 372, and 391;
3)
SIRL shall monitor the influent and effluent of each
component of the CWTS on a monthly basis for at least the
first year of operation of the CWTS as described in the
Water Quality Monitoring section of SIRL’s petition for an
adjusted standard. After one year, if SIRL demonstrates
that a reduced monitoring frequency is sufficient to protect
human health and the environment, then IEPA may agree to
reduce the monitoring requirements and/or frequency; and
4)
The concentrations of the organic compounds contained
within the effluent produced by the proposed CWTS shall
not exceed the Illinois Groundwater Protection Standards
for Class II groundwater found in 35 Ill. Adm. Code
620.420.
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5)
In the event that the CWTS does not provide leachate
treatment and disposal in accordance with the applicable
requirements, SIRL shall remove the leachate and
associated liquid wastes from the wetlands and storage pond
and dispose of the same by transport offsite for treatment.
Further, SIRL shall exhume soils and sediments from the
CWTS and dispose of the same on site in the Landfill.
IT IS SO ORDERED.
Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1996)) provides for the
appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of service of
this order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 145 Ill. 2d
R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the
above opinion and order was adopted on the 10th day of July 1997, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
