ILLINOIS POLLUTION CONTROL BOARD
RULES
AND
REGULATIONS
CHAPTER 7: SOLID WASTE
Table of Contents
Rule 101:
Authority, Policy and Purposes
Page
1
Rule 102:
Repeals
Pagel
Rule 103:
Severability
Page
1
Rule 104:
Definitions
Page 1
Rule 201:
Development Permits
Page
3
Rule 202:
Operating Permits
Page
3
Rule 203:
Experiñ~ental Permits
Page
4
Rule 204:
Former Authorization
Page
4
Rule 205:
Applications
for Permits
Page
5
Rule
206:
Permit Conditions
Page
6
Rule
207:
Standards for Issuance
Page
6
Rule 208:
Permit No Defense
Page
6
Rule 209:
Permit Revision
Page
6
Rule 210:
Supplemental Permits
Page
6
Rule 211:
Transfer of Permits
Page
7
Rule 212:
Permit Revocation
Page
7
Rule 213:
Design, Operation,
and Maintenance Criteria.Page
7
Rule 301:
Prohibition
Page
7
Rule 302:
Compliance with Permit
Page
8
Rule 303:
Methods of Operation
Page
8
Rule 304:
Equipment, Personnel
& Supervision
Page
8
Rule 305:
Cover
Page
8
8—575
Rule
306:
Litter
.
Page
8
Rule 307:
Salvaging
Page
9
Rule
308:
Scavenging
Page
9
Rule 309:
Animal Feeding
Page 9
Rule 310:
Special Wastes
Page
9
Rule 311:
Open Burning
Page
9
Rule
312:
Air Pollution
Page 10
Rule 313:
Water Pollution
Page
10
Rule
314:
Standard Requirements
Page 10
Rule 315:
Protection of Waters of the State
Page
10
Rule 316:
Application
Page
11
Rule 317:
Operating Records
Page 14
Rule 318:
Completion or Closure Requirements
Page 14
ILLINOIS POLLUTION CONTROL
BOARD
RULES AND REGULATIONS
CHAPTER
7:
SOLID WASTE
PART
I:
GENERAL PROVISIONS
(as adopted July 19,
1973)
Rule 101:
Authority, Policy and Purposes.
Pursuant to the authority contained in Sections
5,
22 and 27 of
the Environmental Protection Act, and consistent with the policy
and purposes expressed in Section 20 thereof, the Board adopts
the following Rules
and Regulations.
Rule
102:
Repeals.
These rules and regulations replace and supersede Rules and Regula-
tions for Refuse Disposal Sites and Facilities, adopted by the
Illinois Department
of Public Health on March
22, 1966 and con-
tinuing in effect pursuant to Section
49(c)
of the Environmental
Protection Act “until repealed, amended or superseded by regula-
tions under this Act,” except that any proceeding arising from any
occurrence happening prior to the applicable provision of these
rules and regulations shall be governed by the above described
Rules.
Rule 103:
Severability.
If any provision of these regulations or
the application thereof
to any person or in any circumstance
is adiudged invalid, such
adjudication shall not affect
the
validity of these Regulations as
a whole or of any part thereof not adjudged invalid.
Rule
104:
Definitions.
Except as hereinafter stated, and unless a different meaning of
a
word or term is clear from its context, the definitions of words
or terms as are used in these Rules shall be the same as
those
used
in the Environmental Protection Act.
(a)
Bedrock
—
the solid rock exposed at the surface
of
the
earth
or overlain by unconsolidated material.
(b)
Cell
—
compacted refuse completely enclosed
by cover materia.
(c)
Compaction
—
the reduction of volume of material
under
load.
(d)
Cover
material
—
soil
or
other
material
that
is
used
to
cover
compacted
solid
waste
in
a
sanitary
landfill
and
that
is free of objects
that
would
hinder
compaction
and
free
of
content
that
would
he
conducive
to
vector
harborage,
feeding,
or
breeding.
—1
8
—
577
Ce)
Development
-
construction or installation of a facility
within the meaning of those terms used in Section
39 of the
Act.
(f)
Facility
-
any device, mechanism,
equipment or area used
for storage, transfer,
processing, incineration or deposit of
solid waste.
(g)
Groundwater
—
water occurring in the zone of saturation in
any aquifer or soil.
(h)
Hazardous waste
-
solid waste with inherent properties
which make such waste difficult or dangerous to manage by
normal means including but not limited to chemicals, explosives,
pathological wastes, radioactive materials, and wastes likely
to cause fire.
Ci)
Leachate
-
liquid containing materials removed from solid
waste.
(j)
Lift
-
an accumulation of refuse which is compacted into a
cell and over which compacted cover is placed.
(k)
Modification
-
any physical change,
or change in the method
of operation,
of a solid waste management facility.
For pur-
poses of permits issued pursuant to this Chapter, the Agency
may specify conditions under which a solid waste management
facility may be operated without causing
a modification as
herein defined.
(1)
Operator
—
a person who owns,
leases, or manages
a solid
waste management facility.
(m)
Permeability
-
the capability of a material to
pass a
fluid.
(n)
Professional Engineer
—
an engineer registered to practice
engineering in the State of Illinois.
(o)
Refuse
-
garbage or other discarded materials.
(p)
Salvaging
—
the return of solid waste materials tO bene-
ficial use.
(q)
Scavenging
-
the removal of materials from a solid waste
management facility in a manner not in conformity with the
regulations governing sa1vag~ng,
(r)
Site
-
any location, place,
or tract of land and facilities,
used for solid waste management.
(s)
Solid waste
—
refuse.
(t)
Solid waste disposal
T
disposition of solid waste by means
acceptable under regulations adopted by the Board.
—2—
8
—
578
(u)
Solid waste management
—
the processes of stqrage, processing
or disposal of solid wastes, not including hauling or transport.
(v)
Surface water
-
al) water
the surface of which is exposed
to
the
atmosphere.
(w)
Vector
—
any living agent, other than human, capable of trans-
mitting, directly or indirectly,
an infectious disease.
Cx)
Water table
-
that surface
in
unconfined water at which the
pressure is atmospheric and is defined by the levels at which
water stands in wells that penetrate the water
just far enough
to hold standing water.
(yj
Working face
-
any part of a sanitary landfill where refuse is
being disposed,
PART II:
PERMITS
Rule 201:
Development Permits.
Subject to such exemption as expressly provided in Section
21(e)
of the
Environmental Protection Act as to the requirement of obtaining
a permit,
no person shall cause or allow the development of any new solid waste
management site or cause or allow the modification of an existing solid
waste management site without a Development Permit issued by the Agency.
Rule 202:
Operating Permits.
(a)
New Solid Waste Management Sites.
Subject to such exemption as expressly provided in Section 21(e)
of the Environmental Protection Act as to the requirement of obtain-
ing a permit,
no person shall cause or allow the use or operation
of any solid waste management
site for which a Development Permit
is required under Rule 201 without an Operating Permit issued by
the Agency, except for such testing operations as may be authorized
oy the Development Permit.
(b~
Existing
Solid Waste Management Sites.
(1)
Subject to such exemption as expressly provided in Section
21
(e)
of the Environmental Protection Act as to the requirement
of obtaining a permit, no person shall cause or allow the
use or operation of any existing solid waste management site
without an Operating Permit issued by the Agency not later
than one year after the effective date of these Regulations.
(2)
All apolications
for
Operating
Permits
shall
be
submitted
to
the
Agency at least 90 days prior
to
the
date
on
which
such
aermit
is
required;
however, the
Agency
may waive
such
:Provi~on
uhen
appropriate.
The
Acenc~ may,
if
necessary
to
prevent
an
unmanageagle
workload,
extend
the
date
by
which
Gacrating
Permits
are
cequired
for
a
erich.
not
to
exceed
183
days.
The
Agency shall notify the persons affected and the
Board,
in writing, of such extension at least nir~ety
days
in advance of the date set forth in Rule 202(b) Cl).
(c)
Duration of Operating Permits.
All operating permits shall remain valid until the site
is completed or closed, or until revoked,
as provided herein.
Rule
203:
Experimental Permits.
(a)
To best aid the improvement of solid waste management
technology,
the Agency may issue Experimental Permits for
processes or techniques that do not satisfy the standards for
issuance set forth in Rule 207,
if the applicant can provide
proof that the process or technique has a reasonable chance
for success and that the environmental hazards are minimal.
(b)
A valid Experimental Permit shall constitute a prima fade
defense to any action brought against the permit holder for
a violation of the Act or Regulations, but only to the extent
that such action is based upon the failure of the process or
technique.
Cc)
All Experimental Permits shall have
a duration not to exceed
two years.
(d)
Application
for
renewal
of
an
experimental
permit
shall
be
submitted to the Agency at least 90
days prior to the expira-
tion of the existing permit.
To the extent the information
to be supplied for renewal is identical with that contained
in the prior permit application,
the applicant shall so note
on the renewal application,
and the Agency shall not require
the resubmittal of data and information so previously
supplied to it.
Rule 204:
Former Authorization.
(a)
The issuance of any authorization to operate a solid waste
management
site
prior to July 1,
1970 from any person
does
not
excuse
compliance
with
the
requirements
for
obtaining an Operating Permit.
(b)
The issuance of an Operating Permit by the Agency on July
1,
1970 or thereafter, but prior to the effective date of
these regulations,
is a valid permit.
—-4
—
8
—
580
205:
Applications
for Permit.
.)
All applications
for permit required under these Regulations
shall contain all data and information specified in those
Rules governing the type of facility for which the permit is
required.
(b)
The Agency may adopt procedures requiring such additional
information as
is reasonably necessary to determine whether
the solid waste management
site
will meet the require-
ments of the Act and Regulations.
Cc)
The Agency may prescribe the form :j~which all information
required under these Regulations shall be submitted.
(d)
All permit applications shall be signed by the owner and
operator of the solid waste management
site
or their
duly authorized agents, shall be accompanied by evidence of
authority to sign the application and shall be certified
as to all engineering features by
a professional engineer.
Ce)
All permit applications shall be mailed or delivered to the
appropriate address designated by the Agency, and shall be
sent by registered or certified mail, return receipt recuested
or delivered in person.
Applications which are hand-delivered
shall be delivered to and receipted for by the Manager of
the Agency’s Division of Land Pollution Control or his
designee.
(f)
An application for permit shall not be deemed filed until the
Agency has received,
at the designated address, all informa-
tion,
documents, and authorizations in the form and with the
content required by these Rules and related Agency procedures.
However,
if the Agency fails to notify the applicant within
45 days after the receipt of an application for a development
permit
and 30 days after the receiptof an application for an
operating permit, that the application is incomplete, and of
the reasons,
the application shall be deemed to have been
filed on the da~ereceivedby the Agency.
An applicant may
deem the Agencyts notification that the application is in-
complete as
a denial of the permit for purposes of review
pursuant to Section
40 of.the Act.
(o)
If
the Agency fails to take final action on the application for
development permit within 90 days from the filing thereof,
or on the application for operating permit within 45 days
from the filing thereof, the applicant may deem the permit
granted
on
the
91st day or the 46th
day
after the ap~lica-
tion was filed.
(h)
Any
applicant for a permit may waive the requirement that the
Agency shall take finalaction within 90 days or 45 days from
the filing of. the application.
—.5.-
a
—
581
(i)
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 mailed.
(j)
Any person adversely affected by the issuance of a permit
may petition the Board
for a hearing before the Board
to contest the issuance by the Agency.
Rule
206:
Permit
Conditions.
(a)
The
Agency
may
impose
such
conditions
in
a
permit
as
may
be
necessary to accomplish the purposes of the Act, and as are
not inconsistent with Regulations promulgated by the Board
thereunder.
(b)
The
applicant
may
deem
any
condition
imposed
by
the
Agency
as a denial of the permit for purposes of review pursuant to
Section
40 of the Act.
Rule
207:
Standards
for
Issuance.
The
Agency
shall
not
grant
any
permit.,
except
an
Experimental
Permit
under Rule
203, unless the applicant submits adequate proof that
the solid waste management site:
(a)
will be developed,
modified,
or operated so as not to cause a
violation of the Act or the Rules, or has been granted a
variance pursuant to Title
IX of the Act; and
(b)
conforms to the design criteria promulgated
by
the Agency
under Rule 213, or conforms
to such other criteria which the
applicant demonstrates will achieve consistently satisfactory
results; and
(c)
in the case of operating permits
only, conforms to all condi-
tions contained in the development permit.
Rule 208:
Permit No Defense.
The existence of
a permit under these rules shall not constitute a
defense to
a violation of the Act or this Chapter, except
for
development,
modification
or
operation
without
a
permit.
Rule
209:
Permit Revision.
The Agency shall revise any permit issued by it to make the
permit
compatible
with
any
relevant
new
regulations
adopted
by
the
Board.
Rule
210:
Supplemental
Permits.
No person shall cause or allow modification of any solid waste manage—
inent site,
or accept any type of waste except under conditions
specified in a permit issued by the Agency.
Development, operating
and experimental permits maybe modified by a supplemental permit
issued by
the Agency to allow such modifications.
—6—
8
—
582
Rule 211:
Transfer of Permits.
No permit is transferable from one person to another except as
approved by the Agency under procedures
it adopts pursuant
to
Rule 213.
Rule 212:
Permit Revocation.
Violation of any permit conditions or failure to comply with any
rule or regulation of this Chapter shall be grounds for sanctions
as provided in the Act,
includirg revocation
of permit.
Such
sanctions shall be sought by filing a complaint with the Board
pursuant to Title VIII of the Act.
Rule
213:
Design,
Operation,
and Maintenance Criteria.
(a)
The Agency may adopt procedures which set forth criteria for
the design, operation,
and maintenance of solid waste manage-
ment
site
and other procedures the Agency deems
reasonably necessary to perform its duties under this Chapter,
and as are consistent with Part III thereof.
All such
procedures shall be revised from time to time to reflect
current engineering judgment and advances in the state of
the art.
Such procedures and revisions thereto shall not
become effective until filed with the Index Division of the
Office of the Secretary of State pursuant to
“An Act
concerning Administrative Rules,” approved June 14, 1951,
as
amended.
(b)
Before adopting new criteria or making substantive changes
to
any criteria adopted by the Agency,
the Agency shall:
(1)
publish a summary of the proposed changes in the Board
Newsletter; and
(2)
provide a copy of full text of the proposed changes
to
all persons who hold Agency permits or have active
applications pending, and any person who in writing
so
requests; and
(3)
defer adoption of the changes for 60
days from the date
of publication to allow submission and consideration of
written comments on the proposed changes.
PART III:
SANITARY LANDFILLS
Rule
301:
Prohibition.
No person shall cause or allow the operation of a sanitary landfill
unless. each requirement of this Part is performed.
—7-..
8
—
583
Rule 302:
Compliance with Permit.
All conditions and provisions of each permit shall be complied with.
Rule
303:
Methods of Operation.
Unless otherwise specifically provided by permit,
the following
methods of operation shall be followed:
(a)
Unloading
-
all refuse shall be deposited into the toe of the
fill or into
the bottom of the trench.
(b)
Spreading and compacting
-
as rap±dl.yas refuse is deposited at
the toe
of the fill, all-refuse shall bespread and:compacted
in
layers within the cell,
such layers not to exceed a depth
of two feet.
(c)
Working Face
-
the slope of the working face shall be maintained
at a ratio of no greater than two horizontal to one
vertical.
Rule 304:
Equipment, Personnel and Supervision.
Sufficient equipment, personnel and supervision shall be available
at
the
site
to
ensure
that
operations
comply
with
the
permit
and
the
Act
and
Regulations.
Rule
305:
Cover.
Unless otherwise specifically provided by permit, the following
cover
requirements
shall
be
followed:
(a)
Daily Cover
-
a
compacted
layer
of
at
least
6 inches of suitable
material shall be placed on all exposed refuse at the end of
each day of operation.
(b)
Intermediate Cover
—
at the end of each day of operation,
in
all but the
final lift of a sanitary landfill,
a compacted
layer of at least 12 inches of suitable material shall he
placed on all surfaces of
the landfill where no additional
refuse will be deposited within
60 days.
Cc)
Final Cover
—
a
compacted
layer
of
not
less
than
two
feet
of
suitable material shall be placed over the entire surface of
each
portion
of
the
final
lift
not
later
than
60 days follow-
ing
the
placement
of
refuse
in
the
final
lift,
unless
a
different schedule has been authorized in the Operating Permit~
Rule
306:
Litter.
All litter shall be collected from the sanitary landfill site by the
end
of
each
working
day
and
either
placed
in
the
fill
and
compacted
and
covered
that
day,
or
stored
in
a
covered
container.
—8—
8
—
584
Rule
307:
Salvaging.
(a)
All
salvaging
operations
at
a
sanitary landfill site shall
be
conducted
in
a
sanitary
manner.
(b)
All
salvaging
operations
at
a
sanitary
landfill
site
shall
be
confined
to
an
area
remote
from
the
operating
face
of
the
Land
fill.
(c)
Salvaging
operations
at
a
sanitary
landfill
site
shall
not
interfere
with,
or
otherwise
delay
the
operation
of
the
land-
fill.
(d)
All materials for salvaging
shall be removed from the land-
fill site daily,
or shall be separated by type and properly
stored so as not to create a nuisance, vector harborage, or
unsightly appearance.
Rule
308:
Scavenging.
No
person
shall
cause
or
allow
any
scavenging
operations
at
a
sanitary
landfill
site.
Rule
309:
Animal Feeding.
No
person
shall
cause
or
allow
feeding of farm or domestic animals
upon
the
site
of
a
sanitary
landfill,
or
with
refuse
delivered
to
a sanitary landfill site.
Rule
310:
Special
Wastes.
(a)
Hot
Waste
-
except
in
an
emergency,
no
person
shall
cause
or
allow
the
deposit
at
a
sanitary
landfill
site
of
burning
material.
When
such
material
is
accepted,
it
shall
be
deposited
at
a
specific
location
at
the
site
designated
by
permi
for
such
purpose,
and
the
fire
shall
be
immediately
extinguishe
(h)
Hazardous
and
liquid
wastes
-
hazardous
wastes
or
liquid
wastes
and
sludges
may
be
accepted
at
a
sanitary
landfill
only
if
authorized
by
permit.
Rule
311:
Open
Burning.
No
person
shall
cause
or
allow
open
burning
at
a
sanitary
landfill
site
except
in
accordance
with
the
provisions
of
Chapter
2,
Part
V,
Open
Burning,
of
the
Rules
and
Regulations
of
the
Pollution
Control
Board.
—9—
8
—
585
Rule 312:
Air Pollution.
No
person
shall
cause
or
allow
operation
of
a
sanitary
landfill
so
as
to
cause
or
threaten
or allow
the
discharge
or
emission
of
any
contaminant
into
the
environment
in
any
State
so
as
to
cause
or
tend
to
cause
air
pollution
in
Illinois,
either
alone
or
in
combination with contaminants from other sources, or so as to
violate
regulations
or
standards
adopted
by
the
Board
under
the
Act.
Rule
313:
Water Pollution.
No person shall cause or allow operation of
a sanitary landfill so
as
to cause or threaten or allow
the
discharge of any contaminants
into
the environment in any
State so as
to cause or tend to cause
water pollution in
Illinois, either alone or in combination with
matter from other sources, or so as to violate regulations or
standards adopted by the Pollution Control Board under the Act.
Rule
314:
Standard Requirements.
Except as otherwise authorized in writing
by
the Agency,
no person
shall
cause
or
allow
the
development
or
operation
of
a
sanitary
landfill
which
does
not
provide:
(a)
Adequate
shelter,
sanitary
facilities
and
emergency
communica-
tions
for employees;
(b)
Roads
adequate
to
allow
orderly
operations
within
the
site;
(c)
Fencing, gates, or other measures to control access
to
site;
Cd)
Adequate
measures
for
fire
protection
as
approved
by
the
Agency;
(e)
Adequate
measures
to
monitor
and
control
leachate;
(f)
Adequate
measures
to
control
dust
and
vectors;
(g)
An
operational
safety
program
approved
by
the
Agency;
(h)
With
respect
to
sanitary
landfill
sites
for
which
permits
are
applied for following the effective date of these regulations,
provision
for
concealing
sanitary
landfill
operations
from
public
view.
Rule
315:
Protection
of Waters of the State.
ho
person
shell
cause
or
allow
the
development
or
onerarion
of
a
sanitary
lanafall
un~ess
~he op~aacantproves to the
sataseacteca
cc
cia
Aq2ncy
that no
carnage
or
hazaro
w~1l
resu~.a
to
waters
of
the
State
because
of
the
development
and
operation
of
the sanitary landfill.
Rule
316:
Application.
(a)
An
Application
for
a
Development
Permit
for
a
sanitary
landfill
shall
contain
evidence
adequate
to
prove
to
the
Agency
that
the
development
of
the
sanitary
landfill
will
not
cause
or
tend
to
cause
water
or
air
pollution;
will
not
violate
applicable
air
and
water
quality
standards;
and will not violate any rule or
regulation
adopted
by
the
Board~
The
Application
shall
include,
unless
waived,
in
writing
-by
•the
Agency
as
.inap~licable
to
the
site in question:
(1)
Legal description of the proposed sanitary landfill site;
(2)
Topographic map or maps of the sanitary landfill site
drawn to the scale of 200 feet to the inch or larger,
containing 5-foot contour intervals where
the relief
exceeds
20 feet,
and 2-foot contour intervals where
the relief is
20 feet or less, and referred to a United
States Geological Survey datum;
(3)
Maps of the sanitary landfill site,
and of the area
within one—quarter mile of the boundaries of
the
site,
drawn to scale, showing
the
location of:
(i)
waterways and surface drains; and
(ii)
borings, wells, springs, and their surface elevations,
and depths and elevations of water levels; and
(iii)
field. tile drains; and
(iv)
underground and surface mines,
elevations
of mine
pools, and mine pool discharges.
(4)
Land use and population density of the proposed sanitary
landfill site and of the area surrounding the site within
one mile of
the site boundaries;
(5)
Sequence of earth materials at the proposed sanitary land-
fill site to
a depth sufficient to assure the reliability
of the site design;
(6)
Data
obtained from soil samples taken from the oroposed. sanhtar:
landfill
site
which describe the
SOli
classification, orain size
distribution, permeability, compactability,
and ion-
exchange properties of the subsurface materials for those
strata which are essential to the design
of
the
landfill;
8
-—
587
(7)
Description of groundwater condition,
including ground-
water flow below and adjacent to the proposed sanitary
landfill site, with an appraisal of the effect of the
landfill on groundwater and surface waters;
(8)
Comprehensive analysis of water samples from on-site
and nearby wells and surface waters;
(9)
Schedule of construction;
(10)
Topographic map indicating
the
proposed final contours
and landscaping of the completed site with a statement
of
the proposed final use of the site,
if known;
(11)
Description of the methods of operations; days and hours
of operations;
and number, and duties of
employees;
(12)
Listing of sources and types of wastes to be received;
and an estimate of daily quantity of wastes to be
received;
(13)
A schedule of filling, methods of compaction of solid
waste; and number,
type, and size of compacting equip-
ment;
(14)
Type~and sources of
daily,
intermediate, and final
cover to be
used.;
(.15)
Map of the sanitary landfill site,
drawn to scale,
indicating
the
location of:
(i)
Water monitoring wells and gas monitoring points;
(ii)
Points of entrance to and exit from the sanitary
landfill
site
and
to
and
from
the
operating
area
of
the
sanitary
landfill;
(iii)
Interior
roads
and
ramps;
(iv)
Devices for controlling litter;
Cv)
Devices for controlling unauthorized access to the
sanitary landfill site;
(vi)
Drainage facilities,
structures, walls, cribbing,
surface protection devices, or any other devices
as are necessary
to comply with applicable water
quality standards;
—
12
—
8— 588
(vii)
Fire protection facilities;
(viii) Utilities;
(ix)
Salvage operations;
(x)
Fill area;
(xi)
Borrow areas;
(xii)
Gas and oil wells;
(xiii)
High tension power lines;
(xiv)
Fuel transmission pipelines;
(xv)
Field tile drains;
(xvi)
Provisions for concealinq the site from public
view;
(16)
Evidence of notification required by the Public Act
77—1948,
effective October
1,
1972; and
(17)
If exploration holes are drilled to obtain data,
information showing the manner of plugging or sealing
such holes.
(b)
Operating Permits.
(1)
An Application for an Operating Permit for a sanitary land-
fill shall contain evidence adequate to prove to the
Agency that the operation of the sanitary landfill will
not cause any violation of the Act or of Regulations promul-
gated by the Board.
The Application shall include
certification that all data andinformation required by
Rule 316(a)
for a Development Permit has been provided, and
that all conditions thereof have been complied with,
except that no information already submitted to the Agency
shall be required to be resubmitted and may he incorporated
by reference into the Application for an Operating Permit.
(2)
The Agency shall not issue an Operating Permit until it
has made an inspection of the developed site and has
determined. that the site has been so developed in accord-
ance with the provisions of the application for develop-
ment permit and is in compliance with the Act and all
applicable regulations.
—
13
—
8
—
589
Rule 317:
Operating Records.
Every holder of
an
operating permit shall submit to the Agency,
Division of Land Pollution Control on or before the 15th day of January,
April, July and October the water monitoring data required by permit.
Rule 318:
Completion or Closure Requirements.
(a)
The owner or operator of
a sanitary landfill site shall monitor
gas, water and settling at the completed site for a period of
three years after the site is completed or closed.
(b)
The owner
or- operator shall take whatever remedial action is
necessary to abate any gas, water or settling problems which
appear during the three year period.
(c)
The
owner or operator shall, upon completion or closure,
file
a detailed description of the site,
including a plat, with the
appropriate county land recording authority for the county in
which the site is located.
—-
14
—
8
—
59C
ILLINOIS POLLUTION CONTROL
BOARD
July 31, 1973
IN THE MATTER OF:
)
CHAPTER
7:
SOLID WASTE
)
R 72-5
RULES
AND
REGULATIONS
OPINION OF THE
BOARD
~BY
SAMUEL T. LAWTON,
JR.):
This Opinion is in support of Chapter
7:
Solid Waste,
Parts
I,
II and III of the Illinois Pollution Control Board
Rules and Regulations adopted by the Board on July 19, l973.*
The original regulatory proposal was submitted to the
Pollution Control Board
(hereinafter “Board”) on April
4,
1972,
and was published in Board Newsletter
#55.
Subsequent
to publi-
cation,
a total of seven public hearings was held,
the first on
September 27,
1972,
and the last on December 8,
1972,
in the cities
of Wheaton, Champaign,
Peoria, Alton, Springfield and Chicago.
The Hearing Officer for these hearings was Mr. John L.
Parker, who
was at that time a member of
the Pollution Control Board, and
Mr. Parker was accompanied at each hearing by Mr. Jacob
D. Dumelle,
who has been a Pollution Control Board Member since the Board’s
creation in July of 1970.
The
Board inherited Rules and Regulations for Refuse Disposal
Sites and Facilities, which had been adopted by the Illinois Depart-
ment of Public Health, Division of Sanitary Engineering,
in 1966.
Pursuant to Section 49(c)
of the Environmental Protection Act,
(hereinafter “Act”) regulations were to remain in full force and
effect “until repealed, amended, or superseded by regulations”
adopted by the Board under the Act.
Section 22 of the Act, which
states as follows:
SECTION 22.
In accord with Title VII of this Act, the Board may adopt
regulations to promote
the purposes of this Title.
Without
limiting the generality of this authority,
such regulations
may among other things prescribe the following:
(a)
-Standards for the location, design, construction,
sanitation, operation,
maintenance, and discontinuance
of the operation of refuse collection and disposal sites
and facilities;
*The Board acknowledges
the valuable assistence rendered by
Marvin Medintz, Board Administrative Assistant,
in the conduct of the
hearings and the preparation of the opinion.
8
—
695
—2—
(b)
Standards for the certification of personnel to
operate refuse disposal facilities
or sites;
(c)
Standards for the dumping of any refuse;
(d)
Requirements and standards for equipment and pro-
cedures for monitoring contaminant discharges at their
source,
the collection of samples and the collection,
reporting and retention of data resulting from such
monitoring,
provides
the specific
statutory
authority
for
the Board
to adopt
the
regulations
which
are
the
subject
of
this
Opinion.
Before discussing the new rules themselves,
it is necessary
to consider certain procedural allegations which were raised as
to the appropriateness of the Board holding hearings on the pro-
posed regulation.
The controversy arose over certain provisions
in Section 6 of the Act, which states:
“as soon as practical,
the
Director shall establish
within the Institute a Solid Waste Management Task Force
to make surveys and recommendations regarding the develop-
ment of regional systems of solid waste and refuse
collection, handling and disposal; for coordinating
municipal
‘and industrial solid waste and refuse collection,
handling and disposal;
for coordinating municipal ~nd
industrial solid waste disposal programs;
to expedite
development of systems for the recycling and reuse of
refuse and solid waste materials;
and to make periodic
reports and recommendations for submission
to the Board
by
the Institute at such intervals as
to assure compliance
with the purposes of this Act and paragraph.
The Board
shall make rules and regulations on these subjects based
upon such recommendations.”
It was alleged that the only way in which regulations could be
proposed to the Board in any area of solid waste would be by the
Solid Waste Management Task Force
(Motions of South Suburban Land
Development Co., Exhibit 87).
Even though it is clear that the
purview of
the task force was limited
ho very specific segments
of the entire problem of solid waste and refuse disposal,
and
that Section 22 of
the Act clearly allows the Board to adopt regu-
lations
on matters far broader and more comprehensive than
those
few
segments
mentioned
in
Section
6, the Solid Waste Management
Task
Force
was
in
fact
consulted
several
times
in
the
drafting
of
the
proposal
which
was
submitted
‘to
the
Board
(Exhibits 86,
86(a),
36
(b)
86(a)
86(d))
.
The
Act
does
not:
require
that
the
general
regulations
which
the
Board.
adopted
on
July 19
be
submitted
to
the
task
force.
I~pparently,
it
appears
that
the
task.
force
was
consulted
because
the
expertise
of
its
members
an the
ara.a
Of
solid
waste and refuse dasposac would
he
ielpful.
Accordingly,
any
contentions
that
the
regulatIons
were
Improperly
creseored
co the Board
as
re~ected.
—3—
Another contention raised was that the provisions of the
Act requiring that
a Board Member be present at all regulation
hearings
(Section 28) was not properly implemented.
Apparently,
the basis for this contention
is that Mr.
John Parker, who
served as Hearing Officer, was not qualified to satisfy the statute.
(Motions of South Suburban Land Development Co.)
.
This
is alleged
on either or both of
two grounds.
The relevant provision of
Section 28 provides:
“any public hearing relating to the adoption, amendment,
or repeal of Board regulations under this subsection
shall be held before
a qualified Hearing Officer, who
shall be attended by at least one member of the Board,
designated by the Chairman.”
The contention was made that when
a Board Member serves
as
a
Hearing Officer, a second Board Member must accompany him.
Whether or not this is the case
is not before the Board at this
time, because Mr. Jacob Dumelle,
as previously noted, was present
at all of the hearings.
However, the clear meaning of the statute
is that one member of the Board shall attend every regulatory
hearing.
Mr. Parker, who was a member of the Board at the time
each and every hearing was held, attended these hearings.
The
contention that the hearings were not properly attended by a
Board Member as required by Section 28
is totally without merit.
II
There are certain key differences between the now repealed
Department of Public Health regulations and the newly adopted
Board regulations.
Perhaps the most significant new requirement
is that the State must now be provided a comprehensive development
plan
for the entire proposed facility before the operation of
that facility may begin.
Under the repealed Department
of Public
Health rules,
in certain instances,
the State had often been unable
to withhold approval of an operation,
regardless
of the environ-
mental consequences, because all that was required was a submission
of information by the owner or operator.
The State
simply had no
authority to prohibit the operation.
The requirement of properly planning a sanitary landfill,
an
operation which may cover hundreds of acres and last for decades,
is a significant and necessary environmental requirement.
Complete
groundwater and subsurface characteristics of the landfill site
may be required if the Agency determines that such investivation
is necessary to prevent pollution of any waters of the State.
The Agency may also require that the groundwater be monitored at
such reasonable frequencies as it deems necessary.
Another
significant requirement, relating only to new sanitary landfills,
is the requirement that such new operations have their operations
screened from public view
(Rules
314, 316(a) (15) (xvi).
This sug-
gestion was made by a citizen witness at the Wheaton hearing,
8—697
—4—
(R.
123-125),
and
the
wisdom
of
this
requirement
was
confirmed
by
a representative of sanitary landfill interests at that same
hearing
(R.
377—378)
Because most public opinion against the development and opera-
tion of landfills
is because of aestetic
reasons
(~‘1heaton, R.
377378),
this provision should make it easier for those who wish
to develop sanitary landfills to overcome the objections of
those
who
might otherwise reject
a sanitary landfill in a particular area.
A
third significant innovation under the new regulations
(Rule ~18)
is the requirement that
‘the owner or operator of
a sanitary lar$fill
site monitor
the
site
and
abate
any environmental problems which
might arise during a period of three years from the date the site
is completed or closed.
This provision ensures environmental pro-
tection against subsequently occurring pollution problems.
The
definitions
(Rule 104) represent an amalgamation of
definitions suggested by various witnesses at the hearing.
Uniformity
of definition on an industry-wide basis was suggested at
the Wheaton hearing by an industry representative
(R.
136).
Exhibit
2, helpfully submitted by this witness provided the definition
of
terms as proposed In
the original regulation, and as defined by the
National Solid Waste Management Associati9n and the U.
S. Environ-
mental Protection Agency.
The Board has attempted to make
the
definitions in the regulation as consistent as reasonable with
those suggested by representatives of industry and the Agency.
III
The new regulation requires operating permits for all solid
waste management sites which have not received such
a
permit
from
the
Agency.
Existing solid waste management sites which never
received an Agency permit have been given one year from the
effective date of the
new
regulations to obtain such permit.
A key change which was made
by
the
Board as
a result of tes-
timony given at
the hearings is that operating permits are valid
until
the
site
is
completed or closed,
or until such permit
is re-
voked. by
the Board.
The
original proposal was to allow operating
permits to he
for not more than five years duration.
Industry wit-
nesses gave ‘testimony and presented data which convinced
the
Board
that
such
a
five
year
limitation would
not
be
reasonable
when applied
to
-the
sanitary
landfill
Situation.
The Board
is convinced that if
a sanitary landfill
is
not
operating in accordance with
the
Act,
the
regulations,
or
its
permit,
sufficient
enforcement
mechanisms
exist
to
require
that
landfill
be
operated
properly
or
not
be
operated
at
all.
Related
to
the
Iengt:h
of
permic
is
a
further
change
made
by
the
Board
in
response
to
industry
testimony,
The
original
proposal
provided
that a
permit
issued
by
operation
of
law
pursuant
to
Section
38
of
the
Act
would
have
a
duration
of
oniy
one
year.
The
Board
feels
that
Section
38
of
the
Act
states
the
8
--
698
—0~-
applicant shall receive the permit for which he applied, and that
there is no statutory basis for limiting the time duration of the
permit due to some unknown administrative or bureaucratic diffi-
culties
within
the
Agency.
What
this
provision
means
is
that
the
Agency
will
be
required
to
act
on
all
permit
applications
with
the
efficiency
required
by
the
Act.
A
provision
not
found
in
other
regulations
of
the
Board
is
Rule
203,
Experimental
Permits.
This
rule
is
designed
to
allow
the
issuance
of
experimental
permits
for
a
period
of
time
not
to
exceed
two years.
The
purpose
of
this
rule
is
to
allow
the
Agency
to
participate and regulate the improvement of solid waste management
technology,
if the process or technique involved in the experimental
permit
has
a
reasonable
chance
for
success with
a minimum of
environmental hazards.
Examples where the experimental permit might
be
helpful are situations similar to
a project in Madison, Wisconsin
in which refuse is being shredded and spread with
no
apparent need
for
cover
material,
(Alton,
R
.
289-291,
294)
.
The
refuse
is
ground
up, the metal
is separated by magnets, and
the
refuse is then carried
ho
-the disposal site where it is dumped.
Apparently, the refuse
lies tightly enough together so that there have been no vector and
few
litter
problems.
It
is
still
unclear as to whether there may
be leachate problems resulting from the uncovered shredded refuse.
Another program which might come under
the
scope
of
the experimental
permit provision is a process being utilized, in the Minneapolis,
Minnesota area.
The refuse is baled under extraordinarily high
eressure and then spread at the site in bales, again with no
necessity
for
cover,
Apparently,
there are no vector or litter
Droblems
from
‘this
technique,
although
again
it is still too early
to finally evaluate what leachate problems might result from such a
technique
The
remainder
of the permit requirements is largely self—
e~uianatory,
although
a
few provisions of special significance will
::~explained.
Rui,,e 205(d) requires that the permit applications
must be signed by
the
owner
and operator of the site or by their
duly authorized agent, and that engineering work
done
related to
site development wilL be certified by a professional engineer.
This provision guarantees that
the
Agency will be
assured
that they
are dealing with people
who
have authority for development of a sits
~n~j
tilat
engireerino uork telated to sucn
Thve Lopmenb u Lll ne done
I,n
a
professionally
acceptable
way.
Rules 205(f) and
(g)provide
tb
‘the
Agency
has 45 days
from
the
filing of application for deveiopmen
eermit and
30
clays from the date of receipt of an application
for
an
operating permit: to specify wherein permit nppiicatic:~n
is
incomplete
If
the
Aqenc
does so
no-Lify the
applicant
within those time periods
the application is deemed
f:Lieh.
as
of
the date of receipt of the
Agency.
The Agency also has
90 days to take final
action
or: the
application for developmen-t permi-t and only
45
days
from
‘the
date
of
receipt. of
tb-c
C~-tJiiOCtIOtc
for an operating uermit
before
the
~nt
~
doer
toe
per’c
t
gre
area
m~
e~p1icd
or
Thie
2to
cJ
gives the right
to appeal the
issuance
of
a permit by the
Agency
8
—
699
—6—
due any person adversely affected by such issuance.
This provision
will increase citizen involvement in the State’s environmental pro-
gram.
A new provision is Rule 211 (Transfer of Permits), which
allows a permittee to transfer the permit if such transfer is
approved by the Agency under procedures it shall adopt.
Rule
212
(Permit Revocation) makes it clear that
a permit cannot be revoked
by unilateral Agency action.
Revocation is a remedy to be sought
by
the
filing
of
an
enforcement
action
against
the
permittee
allegedly
in
violation
of
the
regulations
or
the
Act.
IV
The most significant objections raised against the original
proposal was the extreme inflexibility of the requirements relating
to methods of operation,
the use of cover material, and the informa-
tion required in an application for permit.
After examining the
record, the Board agrees that many of the requirements were too
rigid, and accordingly have modified various provisions to allow
increased flexibility in the development and operation of
a sanitary
landfill.
Rule 303 (Methods of Operation)
has been revised to provide
maximum flexibility in loading,
spreading,
and’ cotipacting of refuse
within the landfill, and the maintenance of the slope of the working
face within the landfill.
The methods will be regulated by permit,
and if the methods
in Rule 303 are not satisfactory to the applicant,
he may specify any environmentally acceptable alternative which may
be better suited for his particular operation.
Similar flexibility by the permit system has been allowed by
Rule
305, which relates to cover material.
The Board recognizes
that different types of refuse require different types and frequencies
of cover material.
For example, certain types of non-putrescible
waste may not require cover as frequently as ordinary domestic
garbage.
An example of where the new flexibility might be applicable
relates to a proposal made by Chicago Fly—Ash Company regarding
certain combustion by-products which was made to the Board at the
Champaign hearing
(
R.
‘219 et seq; Exhibits 16,
18, 19,
29,
30).
The record shows that the types of combustion by-products involved,
primarily fly-ash, bottom ash and slag,
do not decay, are not com-
bustible, do not attract vectors, and do not emit gas or odors.
Accordingly, daily and intermediate cover may not be necessary for
the proper disposal of these products because there will be no
litter, scavenging, animal waste, or vector control problems.
Certain extreme
c-are is necessary regarding possible leachate problems
from such waste disposal.
Rule
316
(Application) requires an extremely
detailed and environmentally significant collection of information
which will allow the Agency to make
a well reasoned and. informed
judgment regarding
the environmental effects of the sanitary landfill.
Again,
the Board has provided flexibility in the requirement of certain
8
—
700
—7—
information.
The record well demonstrates that every landfill is
a unique entity, and what might be necessary to make an environ-
mental judgment regarding one site may not be necessary to make a
similar judgment regarding another,
Rule 316 provides that the
Agency may waive certain information requirements if the Agency
deems that information inapplicable to the site in question
The great flexibility afforded in the development and operation
of sanitary landfills by these regulations insures that every
sanitary landfill can be tailored to best accomplish the purposes
of
solid waste disposal and environmental protection.
Every
sanitary landfill will be a specially designed operation best
suited for the site in which it
is located.
I, Christan L. Moffett, Clerk of the Illinois Pollution Control Boar
certify
that the above Opinion ~wasadopted. by the Board on the
J
/ ~
clay
of
~j,
1973,
by a vote of
~
to 0
o
:3
-—
701
