ILLINOIS POLLUTION CONTROL BOARD
February 5, 1998
IN THE MATTER OF:
MUNICIPAL SOLID WASTE LANDFILL
(MSWLF) RULES: AMENDMENTS TO 35
ILL. ADM. CODE 811, 813, AND 848
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R98-9
(Rulemaking - Land)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by G.T. Girard, C.A. Manning and Joseph Yi):
On August 11, 1997, the Board received a joint proposal for amendments (Prop.) to the
Board’s municipal solid waste landfill rules (35 Ill. Adm. Code 811 and 813) filed by the
Illinois Environmental Protection Agency (Agency) and the National Solid Waste Management
Association (NSWMA) (collectively, proponents). On August 21, 1997, the Board accepted
the proposal for public comment and added 35 Ill. Adm. Code 848.104 to the proposal for
public comment. Also on August 21, 1997, in response to proponent’s motion the Board
agreed to limit the scope of this proceeding by not entertaining requests from other parties to
expand the list of sections proposed for amendment.
On October 27, 1997, and November 19, 1997, hearings were held before Board
Hearing Officer Marie Tipsord. The Board has received one public comment in this
proceeding.
Today, the Board sends this proposal to first notice pursuant to the Illinois
Administrative Procedure Act (5 ILCS 100/1-1
et seq
.1996). Based on the two hearings and
the public comment received, the Board finds that proceeding to first notice with the proposal
is warranted. In the sections that follow, the Board will summarize the proposal and discuss
the changes made to the proposal as a result of comments and testimony received thus far by
the Board.
PROPOSAL FOR PUBLIC COMMENT
In general there are four reasons for the amendments as proposed by proponents: (1) to
ease certain requirements that drive up costs without a commensurate environmental benefit;
(2) to modify or eliminate requirements that the proponents believe are no longer technically
defensible; (3) to ensure uniformity in the Board’s rules; and (4) to remain consistent with the
federal Resource Conservation and Recovery Act Subtitle D program. Prop. at 2-3.
Proponents indicated that each of the proposed amendments are intended to serve one or more
of the aforementioned purposes. Prop. at 2. The specific changes to the rules are indicated in
the attached order.
Also in the proposal for public comment, the Board, on its own motion, opened 35 Ill.
Adm. Code 848.104, Definitions, to propose adding three statutory definitions and amend four
2
definitions with the language from P.A. 89-200, effective January 1, 1996. This change is
merely ministerial and is not intended to expand the scope of the rulemaking. Adding this
mandatory language will eliminate the need to hold separate hearings concerning these
legislatively-required changes.
ISSUES RAISED
At the first hearing on October 27, 1997, (Tr.1) several issues were raised by Board
members and staff. The proponents responded to those questions at that hearing and at the
second hearing on November 19, 1997 (Tr.2). In addition proponents filed a public comment
(PC) to address the remaining issues after the hearings. Following is a discussion of the issues
and the suggested changes, if any, to the proposal.
Section 811.309
An issue was raised regarding Section 811.309(g)(1) which, as proposed, required
sampling and testing to ensure compliance with the Act and 35 Ill. Adm. Code.Subtitle G.
The proponents were asked to identify the specific requirements under the Act or Board
regulations pertaining to leachate sampling from landfills. Tr.1 at 20. In response, Mr.
Kenneth Liss, an Agency employee, testified and suggested changing subsection (g)(1) by
deleting the reference to the Act and 35 Ill. Adm. Code.Subtitle G and adding references to
Sections 811.309, 811.312, 811.317, and 811.319. Tr.2 at 7; Exh. 5 at 1.
The Board agrees that the changes suggested by the Agency will make the rule more
specific. Therefore, the Board will make the suggested change.
Section 811.319
The next issue raised concerns the proposed changes to the quarterly groundwater
monitoring program in Section 811.319(a)(1)(A). Proponents were asked whether the
monitoring frequency would revert back to a quarterly interval if the groundwater monitoring
results indicate that the monitored units constitute a threat to groundwater. Tr.1 at 39. Mr.
Liss testified that if a source is determined to be a threat to groundwater, the operator must
implement confirmation procedures in subsection (a)(4) and if increases are confirmed, the
operator must file an assessment monitoring program pursuant to subsection (b)(2). Tr.2 at 7;
Exh. 5 at 2. Under the proposed changes to subsection (b)(1) more frequent sampling can be
proposed by the operator or required by the Agency as a permit condition. Tr.2 at 7; Exh. 5
at 2. The monitoring does not automatically revert back to quarterly monitoring. Tr.2 at 7;
Exh. 5 at 2.
The Board does not believe that any changes need be made to the rule in response to
this issue. The explanation by the Agency answers the question raised.
Section 811.312
3
Issues were also raised concerning the gas processing requirements at Section
811.312(g). Four specific questions were asked. The first two questions involved permitting
of gas processing facilities: 1) under what conditions are permits required for gas processing
facilities, and 2) whether landfill gas processing facilities are required to have a permit. Tr.1
at 28 and 29. The proponents responded in their public comment that if a landfill’s gas
constitutes more than 50% of the off-site handling facility’s total volume, the off-site facility
must be included in the landfill’s permit. PC 1 at 2. For all other off-site handling
arrangements there are no specific permit requirements. PC 1 at 2.
As there are no specific permit requirements, proponents believe that there only two
circumstances in which an off-site facility could be required to have a permit of some kind or
be subject to a specific permit requirements. PC 1 at 3. The first circumstance is where the
off-site gas operation is so located and/or emits sufficient specified air contaminants as to
constitute an emission source subject to permitting under 35 Ill. Adm. Code 201.141-201.146.
PC 1 at 3. The second is when the gas processing operation is already embraced as a
component of another landfill operator’s permit. PC 1 at 3.
Proponents maintain that the instant proposal merely stands for the proposition that one
permit is enough. PC 1 at 3. The proponent is not attempting to relieve gas processing
facilities from permitting requirements but rather to avoid duplicative permit requirements.
PC 1 at 3-4.
The third question raised was whether, in the case of a permitted off-site facility, would
the operator of the landfill have any control over the processing system to ensure that an
adequate system of gas disposal is always accessible and available. Tr.1 at 29. Proponents
responded by stating that to answer the question what is meant by “control” in the context of
the regulatory system must be understood. PC 1 at 4. If “control” means responsibility,
nothing in this present proposal alters control so that the operator has the responsibility to
control the flow rate from the landfill unit as necessary to meet all rules and regulations
including migration. PC 1 at 4. The landfill operator is responsible for ensuring that the
standards of Section 811.311(a) are not exceeded. PC 1 at 4.
If however, “control” means “power over” the proponents maintain that the real
question is what “control” does a landfill operator have under the current rule. PC 1 at 4.
The proponents assert that the only means of control is to incorporate the applicable regulatory
standards in contractual provisions binding the gas handling facility. PC 1 at 4. Proponents
maintain that the thrust of the proposal is much narrower. The thrust of the proposal is that
requiring a second permit for an off-site gas processing facility which is already permitted will
provide no additional control over the off-site gas processing facility. PC 1 at 4.
The final question asked of proponents regarding Section 811.312(g) was whether there
is anything in the rules that would require the operator to be responsible for ensuring
protection of the environment and public health and safety. Tr.1 at 31-32. The proponents
respond that the proposal makes no changes to the
status quo
of the landfill operator’s
responsibility. The instant proposal adds a cross-reference to Section 811.704(g)(3) which
requires cost estimates if landfill gas is transported to an off-site processing system. PC 1 at
4
4. The proposal thus would make the financial assurance requirement applicable to all
landfills that convey gas to an off-site processing facility no matter how much of the overall
gas processing capacity is contributed by the individual landfill. PC 1 at 4-5.
The Board does not believe that any changes need be made to the rule in response to
this issue. The explanation by the Agency answers the questions raised.
Section 811.321
Regarding Section 811.321, the Board asked the proponents to define what a
construction quality assurance (CQA) officer is and why the CQA officer is the appropriate
person to do the certification in Section 811.321. Tr.1 at 14. Proponents point out that the
duties and qualifications for a CQA officer are set forth in Section 811.502(b) of the Board
rules. PC 1 at 1. A CQA officer is required go be present to provide supervision and assume
responsibility for performing all inspections. PC 1 at 1. Thus, the regulations as currently
written require the CQA officer to be responsible for inspection and to certify construction in
accordance with the engineering design for the liner. PC 1 at 2. The proposal would make
the person responsible for the original construction, testing and certification also responsible
for the recertification and reconstruction of the liner. PC 1 at 2.
The Board does not believe that any changes need be made to the rule in response to
this issue. The explanation by the Agency answers the question raised.
Section 813.103
An issue was raised concerning the proposed inclusion of changes at Section
813.103(d) Section 813.103(d) as proposed states:
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. Receipt by the Agency, within 30 days of the Agency decision
deadline date, of any permit application modification not meeting the definition
of "significant modification" shall extend the Agency decision deadline to a date
30 days from the date of receipt of the modified application. The Agency shall
notify the applicant in writing within 30 days after the filing of a proposed
permit modification if it deems the modification to be a significant modification.
A determination by the Agency as to whether a modification is a significant
modification is a final determination, appealable in the manner provided for the
review of permit decisions under Section 40 of the Act. The Agency's decision
deadline date shall be stayed as of the date of such written notice of the
Agency's determination during the pendency of any timely-filed appeal
challenging such an Agency determination.
5
The proponents were asked if the proposed language would in effect extend a statutory
decision deadline. Tr.1 at 40. Mr. Edwin Bakowski, an Agency employee, testified that the
proponents have no intention of proposing anything going beyond any statutory deadline in the
Act. Tr.2 at 7; Exh 5 at 4. The proponents believe the language as proposed is defensible.
The proponents point out that the Board has in the landfill rules and other rules stated that
modifications of application can be and are new applications for purposes of calculation the
statutory decision deadline. Tr.2 at 7; Exh 5 at 4. According to proponents the Board has
also adopted rules that make it clear that the permit applicant may waive the statutory decision
deadline. Tr.2 at 7; Exh 5 at 4. Thus, the proponents suggest that the Board consider any
modification to the application as a new application which restarts the statutory deadline and
that the Board provide by rule that the original deadline apply to “minor” modifications
submitted more than 30 days before the statutory deadline. Tr.2 at 7; Exh 5 at 4. Further,
any “minor” modification submitted within 30 days of the original deadline will have a new
regulatory deadline 30 days from the date of receipt by the Agency. Tr.2 at 7; Exh 5 at 4.
The proponents also provide language, “in case the previous discussion is not sufficient
from the Board’s perspective to defend a challenge to the proposed decision deadlines.” Tr.2
at 7; Exh 5 at 5. The language would provided that a “minor” modification may only be
submitted during the last 30 days of a statutory review period if the applicant also submits a
waiver of the statutory decision deadline allowing the Agency 30 days from the receipt of the
modification to review it and to take action on the original applications. Tr.2 at 7; Exh 5 at 5.
The Board will modify the rule as suggested by the Agency in its testimony. The
change will alleviate potential confusion in the rule and make clear when a waiver of statutory
decision deadlines is necessary.
Section 813.504
The Board expressed concern at hearing over the availability of an annual report if the
report is not forwarded to the Agency. Tr.1 at 48-51. The proponents indicated that after
reevaluating the proposed language, they recommend that the introductory paragraph of
Section 813.504 be changed to require submission of the annual report to the Agency. Tr.2 at
7; Exh 5 at 8. Changes were also suggested to subsections (a). Tr.2 at 7; Exh 5 at 8-9. The
proponents state that the changes preserve the requirement to submit an annual report but in an
abbreviated form allowing the public to obtain information without having to go to the landfill.
Tr.2 at 7; Exh 5 at 9.
The Board does not believe that any changes need be made to the rule in response to
this issue. The explanation by the Agency answers the question raised.
CONCLUSION
The Board will proceed to first notice with most of the proposal as submitted for public
comment. The Board will make changes to the proposal as discussed in this opinion,
suggested by proponents including amending the language in Section 813.103(d). The
proposed language at Section 813.103(d) could create confusion regarding statutory decision
6
deadlines and the amendment in this first notice opinion alleviates that confusion. As to the
remaining issues raised at hearing, the Board finds that explanations provided by proponents
sufficiently support the proposal to warrant proceeding to first notice. Therefore, the Board
will adopt the following order for first notice.
ORDER
The Board directs the Clerk to cause the filing of the following with the Secretary of
State for first notice publication in the
Illinois Register
.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 811
STANDARDS FOR NEW SOLID WASTE LANDFILLS
SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS
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
Closure and Written Closure Plan
811.111
Postclosure Maintenance
SUBPART B: INERT WASTE LANDFILLS
Section
811.201
Scope and Applicability
811.202
Determination of Contaminated Leachate
811.203
Design Period
811.204
Final Cover
811.205
Final Slope and Stabilization
811.206
Leachate Sampling
811.207
Load Checking
SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
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Section
811.301
Scope and Applicability
811.302
Facility Location
811.303
Design Period
811.304
Foundation and Mass Stability Analysis
811.305
Foundation Construction
811.306
Liner Systems
811.307
Leachate Drainage System
811.308
Leachate Collection System
811.309
Leachate Treatment and Disposal System
811.310
Landfill Gas Monitoring
811.311
Landfill Gas Management System
811.312
Landfill Gas Processing and Disposal System
811.313
Intermediate Cover
811.314
Final Cover System
811.315
Hydrogeological Site Investigations
811.316
Plugging and Sealing of Drill Holes
811.317
Groundwater Impact Assessment
811.318
Design, Construction, and Operation of Groundwater Monitoring
Systems
811.319
Groundwater Monitoring Programs
811.320
Groundwater Quality Standards
811.321
Waste Placement
811.322
Final Slope and Stabilization
811.323
Load Checking Program
811.324
Corrective Action Measures for MSWLF Units
811.325
Selection of remedy for MSWLF Units
811.326
Implementation of the corrective action program at MSWLF Units
SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS
Section
811.401
Scope and Applicability
811.402
Notice to Generators and Transporters
811.403
Special Waste Manifests
811.404
Identification Record
811.405
Recordkeeping Requirements
811.406
Procedures for Excluding Regulated Hazardous Wastes
SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS
Section
811.501
Scope and Applicability
811.502
Duties and Qualifications of Key Personnel
811.503
Inspection Activities
8
811.504
Sampling Requirements
811.505
Documentation
811.506
Foundations and Subbases
811.507
Compacted Earth Liners
811.508
Geomembranes
811.509
Leachate Collection Systems
SUBPART G: FINANCIAL ASSURANCE
Section
811.700
Scope, Applicability and Definitions
811.701
Upgrading Financial Assurance
811.702
Release of Financial Institution
811.703
Application of Proceeds and Appeals
811.704
Closure and Postclosure Care Cost Estimates
811.705
Revision of Cost Estimate
811.706
Mechanisms for Financial Assurance
811.707
Use of Multiple Financial Mechanisms
811.708
Use of a Financial Mechanism for Multiple Sites
811.709
Trust Fund for Unrelated Sites
811.710
Trust Fund
811.711
Surety Bond Guaranteeing Payment
811.712
Surety Bond Guaranteeing Performance
811.713
Letter of Credit
811.714
Closure Insurance
811.715
Self-Insurance for Non-commercial Sites
Appendix A
Financial Assurance Forms
Illustration A
Trust Agreement
Illustration B
Certificate of Acknowledgment
Illustration C
Forfeiture Bond
Illustration D
Performance Bond
Illustration E
Irrevocable Standby Letter of Credit
Illustration F
Certificate of Insurance for Closure and/or Postclosure 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
Section-by-Section Correlation Between the Requirements of the Federal
MSWLF Regulations at 40 CFR 258 (1992) and the Requirements of
Parts 810 through 814
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17, 22.40 and 28.1 and authorized
by Section 27 of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1, 22, 22.17,
22.40, 28.1 and 27].
9
SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15861, effective September 18, 1990; amended in
R92-19 at 17 Ill. Reg. 12413, effective July 19, 1993; amended in R93-10 at 18 Ill. Reg.
1308, effective January 13, 1994; expedited correction at 18 Ill. Reg. 7504, effective July 19,
1993; amended in R90-26 at 18 Ill. Reg. 12481, effective August 1, 1994; amended in R95-13
at 19 Ill. Reg. 12257, effective August 15, 1995; amended in R98-9, at Ill. Reg.
, effective _____________________.
NOTE: CAPITALIZATION INDICATES STATUTORY LANGUAGE.
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 all leachate as it drains from the collection system.
The leachate management system shall consist of any combination of storage,
treatment, pretreatment, and disposal options designed and constructed in
compliance with the requirements of this Section.
b) The leachate management system shall consist of any combination of multiple
treatment and storage structures, to allow the management and disposal of
leachate during routine maintenance and repairs.
c)
Standards for Onsite Treatment and Pretreatment
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 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 of the facility's 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 operator certified under the
requirements of 35 Ill. Adm. Code 312.
10
d)
Standards for Leachate Storage Systems
1) Except as otherwise provided in paragraph (d)(6) of this section, The the
leachate storage facility must be able to store a minimum of at least five
days' worth of accumulated leachate at the maximum generation rate
used in designing the leachate drainage system in accordance with
Section 811.307. The minimum storage capacity may be built up over
time and in stages, so long as the capacity for five consecutive days of
accumulated leachate, during extreme precipitation conditions, is
available at any time during the design period of the facility.
2)
All leachate storage tanks shall be equipped with secondary containment
systems equivalent to the protection provided by a clay liner 0.61 meter
(2 feet thick) having a permeability no greater than 10-7 centimeters per
second.
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 malodor.
5)
The leachate drainage and collection system shall not be used for the
purpose of storing leachate.
6) A facility may have less than five days' worth of storage capacity for
accumulated leachate as required by subparagraph (d)(1) of this Section,
if the owner or operator of the facility demonstrates that multiple
treatment, storage and disposal options in the facility's approved leachate
management system developed in accordance with 811.309(b) will
achieve equivalent performance. Such options shall consist of not less
than one day's worth of storage capacity for accumulated leachate plus at
least two alternative means of managing accumulated leachate through
treatment or disposal, or both treatment and disposal, each of which
means is capable of treating or disposing of all leachate generated at the
maximum generation rate on a daily basis.
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)
All discharges of effluent from the treatment works shall meet the
requirements of 35 Ill. Adm. Code 309.
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B)
The treatment systems 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 offsite
treatment works for authority to discharge to the treatment works.
3)
All discharges to a treatment works shall meet the requirements of 35 Ill.
Adm. Code 310.
4)
Pumps, meters, valves and monitoring stations that control and monitor
the flow of leachate from the unit and which are under the control of the
operator shall be considered part of the facility and shall be accessible to
the operator at all times.
5)
Leachate shall be allowed to flow into the sewage system at all times;
however, if access to the treatment works is restricted or anticipated to
be restricted for longer than five days, then an alternative leachate
management system shall be constructed in accordance with subsection
(c).
6)
Where leachate is not directly discharged into a sewerage system, the
operator shall provide storage capacity sufficient to transfer all leachate
to an offsite treatment works. The storage system shall meet the
requirements of subsection (d).
f)
Standards for Leachate Recycling Systems
1)
Leachate recycling systems may be utilized only at permitted waste
disposal units that meet the following requirements:
A)
The unit must have a liner designed, constructed and maintained
to meet the minimum standards of Section 811.306.
B)
The unit must have a leachate collection system in place and
operating in accordance with Section 811.307.
C)
A gas management system, equipped with a mechanical device
such as a compressor to withdraw gas, must be implemented to
12
control odors and prevent migration of methane in accordance
with Section 811.311.
D)
The topography must be such that any accidental leachate runoff
can be controlled by ditches, berms or other equivalent control
means.
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
leachate shall be considered excess leachate, and a leachate management
system capable of disposing of all excess leachate must be available.
4)
The leachate storage and distribution system shall be designed to avoid
exposure of leachate to air unless aeration or functionally equivalent
devices are utilized.
5)
The distribution system shall be designed to allow leachate to be evenly
distributed beneath the surface over the recycle area.
6)
Daily and intermediate cover shall be permeable to the extent necessary
to prevent the accumulation of water and formation of perched
watertables and gas buildup; alternatively cover shall be removed prior
to additional waste placement.
7)
Daily and intermediate cover shall slope away from the perimeter of the
site to minimize surface discharges.
g)
Leachate Monitoring
1)
Representative samples of leachate shall be collected from each unit
established leachate monitoring location and tested in accordance with
subsections (g)(2)(G) and (g)(3)(D) at a frequency of once per quarter
while the leachate management system is in operation. until such time as
samples have been obtained and tested for at least eight quarters. If for
any reason insufficient leachate is obtained to yield a sample for testing
during a given quarterly monitoring attempt, such attempt shall not count
toward the eight quarters' leachate monitoring requirement. Thereafter,
theThe frequency of testing mayshall be changed toonce per year semi-
annual for any monitored constituent while the leachate management
system is in operation. However, the Agency may, by permit condition,
require additional leachate sampling and testing as necessary to ensure
compliance with this section and 35 Ill. Adm. Code 811.312, 811.317,
13
and 811.319, if it is not detected in the leachate. However, if such a
constituent is detected in the leachate, testing frequency shall return to a
quarterly schedule.
2)
Discharges of leachate from units that dispose of putrescible wastes shall
be tested for the following constituents prior to treatment or
pretreatment:
A)
Five day biochemical oxygen demand (BOD5);
B)
Chemical oxygen demand;
C)
Total Suspended Solids;
D)
Total Iron;
E)
pH;
F)
Any other constituents listed in the operator's National Pollution
Discharge Elimination System (NPDES) discharge permit,
pursuant to 35 Ill. Adm. Code 304, or required by a publicly
owned treatment works, pursuant to 35 Ill. Adm. Code 310; and
G)
All of the indicator constituents chosen in accordance with 35 Ill.
Adm. Code 811.319(a)(2)(B) and used by the operator for
groundwater monitoring.
3)
Discharges of leachate from units which dispose only chemical wastes
shall be monitored for constituents determined by the characteristics of
the chemical waste to be disposed of in the unit. They shall include, as a
minimum:
A)
pH;
B)
Total Dissolved Solids;
C)
Any other constituents listed in the operator's NPDES discharge
permit, pursuant to 35 Ill. Adm. Code 304, or required by a
publicly owned treatment works, pursuant to 35 Ill. Adm. Code
310; and
D)
All of the indicator constituents chosen in accordance with 35 Ill.
Adm. Code 811.319(a)(2)(B) and used by the operator for
groundwater monitoring.
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h)
Time of Operation of the Leachate Management System
1)
The operator shall collect and dispose of leachate for a minimum of five
years after closure and thereafter until treatment is no longer necessary.
2)
Treatment is no longer necessary if the leachate constituents do not
exceed the wastewater effluent standards in 35 Ill. Adm. Code 304.124,
304.125, 304.126 and do not contain a BOD[5] concentration greater
than 30 mg/L for six consecutive months.
3)
Leachate collection at a MSWLF unit shall be continued for a minimum
period of 30 years after closure, except as otherwise provided by
subsections (h)(4) and (h)(5), below.
4)
The Agency may reduce the leachate collection period at a MSWLF unit
upon a demonstration by the owner or operator that the reduced period is
sufficient to protect human health and environment.
5)
The owner or operator of a MSWLF unit shall petition the Board for an
adjusted standard in accordance with Section 811.303, if the owner or
operator seeks a reduction of the postclosure care monitoring period for
all of the following requirements:
i)
Inspection and maintenance (Section 811.111);
ii)
Leachate collection (Section 811.309);
iii)
Gas monitoring (Section 811.130); and
iv) Groundwater monitoring (Section 811.319).
BOARD NOTE: Subsection (h) is derived from 40 CFR 258.61 (1992).
(Source: Amended at Ill. Reg. , effective _____________________.)
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 representative sampling of the composition and
buildup of gases within the unit.
15
2)
Gas monitoring devices shall be placed around the unit at locations and
elevations capable of detecting migrating gas from the ground surface to
the lowest elevation of the liner system or the top elevation of the
groundwater, whichever is higher.
3)
A predictive gas flow model may be utilized to determine the optimum
placement of monitoring points required for making observations and
tracing the movement of gas.
4)
Gas monitoring devices shall be constructed from materials that will not
react with or be corroded by the landfill gas.
5)
Gas monitoring devices shall be designed and constructed to measure
pressure and allow collection of a representative sample of gas.
6)
Gas monitoring devices shall be constructed and maintained to minimize
gas leakage.
7)
The gas monitoring system shall not interfere with the operation of the
liner, leachate collection system or delay the construction of the final
cover system.
8)
At least three ambient air monitoring locations shall be chosen and
samples shall be taken no higher than 0.025 meter (1 inch) above the
ground and 30.49m (100 feet) downwind from the edge of the unit or at
the property boundary, whichever is closer to the unit.
c)
Monitoring Frequency
1)
All gas monitoring devices, including the ambient air monitors shall be
operated to obtain samples on a monthly basis for the entire operating
period and for a minimum of five years after closure.
2)
After a minimum of five years after closure, monitoring frequency may
be reduced to quarterly sampling intervals.
3)
The sampling frequency may be reduced to yearly sampling intervals
upon the installation and operation of a gas collection system equipped
with a mechanical device such as a compressor to withdraw gas.
4)
Monitoring shall be continued for a minimum period of: thirty years
after closure at MSWLF units, except as otherwise provided by
subsections (c)(5) and (c)(6), below; five years after closure at landfills,
other than MSWLF units, which are used exclusively for disposing of
wastes generated at the site; or fifteen years after closure at all other
16
landfills regulated under this Part. Monitoring, beyond the minimum
period, may be discontinued if the following conditions have been met
for at least one year:
A)
The concentration of methane is less than five percent of the
lower explosive limit in air for four consecutive quarters at all
monitoring points outside the unit; and
B)
Monitoring points within the unit indicate that methane is no
longer being produced in quantities that would result in migration
from the unit and exceed the standards of subsection (a)(1).
5)
The Agency may reduce the gas monitoring period at a MSWLF unit
upon a demonstration by the owner or operator that the reduced period is
sufficient to protect human health and environment.
6)
The owner or operator of a MSWLF unit shall petition the Board for an
adjusted standard in accordance with Section 811.303, if the owner or
operator seeks a reduction of the postclosure care monitoring period for
all of the following requirements:
A)
Inspection and maintenance (Section 811.111);
B)
Leachate collection (Section 811.309);
C)
Gas monitoring (Section 811.310); and
D)
Groundwater monitoring (Section 811.319).
BOARD NOTE: Changes to subsections (c) are derived from 40 CFR 258.61
(1992).
d)
Parameters to be Monitored
1)
All below ground monitoring devices shall be monitored for the
following parameters at each sampling interval:
A)
Methane;
B)
Pressure;
C) Nitrogen;
C)
Oxygen; and
17
D)
Carbon dioxide.
2)
Ambient air monitors shall be sampled for methane only when the
average wind velocity is less than 8 kilometers (five miles) per hour at a
minimum of three downwind locations 30.49 meters (100 feet) from the
edge of the unit or the property boundary, whichever is closer to the
unit.
3)
All buildings within a facility shall be monitored for methane by
utilizing continuous detection devices located at points where methane
might enter the building.
(Source: Amended at Ill. Reg. , effective _____________________.)
Section 811.312 Landfill Gas Processing and Disposal System
a)
The processing of landfill gas for use is strongly encouraged but is not required.
b)
Except as allowed in subsection (g), the landfill gas processing and disposal
system, including compressors, blowers, raw gas monitoring systems, devices
used to control the flow of gas from the unit, flares, gas treatment devices, air
pollution control devices and 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 unless treated or burned
onsite prior to discharge in accordance with a permit issued by the Agency
pursuant to 35 Ill. Adm. Code 200 through 245.
d)
Representative flow rate measurements shall be made of gas flow into treatment
or combustion devices.
e)
When used for the onsite combustion of landfill gas, flares shall meet the
general control device requirements of new source performance standards
adopted pursuant to Section 9.1(b) of the Act.
f)
Standards for Onsite Combustion of Landfill Gas Using Devices Other Than
Flares
1)
At a minimum, landfill gas shall be measure for flow rate, heat value,
and moisture content along with combustion parameters including, but
not limited to, oxygen and carbon dioxide prior to treatment or
combustion. Constituents of the landfill gas and combustion byproducts
shall be identified for inclusion in an Agency issued permit based on the
type of waste streams that are or will be in the landfill, landfill gas
18
analysis and potential for being emitted into the air after treatment or
combustion.
2)
All constituents and parameters that must be measured before and after
treatment or combustion shall be identified and included in a permit
issued by the Agency pursuant to 35 Ill. Adm. Code 200 through 245.
At a minimum, the following types of constituents must be considered
for inclusion in the permit:
A)
The six criteria air pollutants and the hazardous air pollutants
subject to regulation under the Clean Air Act (42 U.S.C. 7401 et
seq.);
B)
Any list of toxic air contaminants, including carcinogens,
mutagens and listed hazardous air pollutants adopted by the Board
pursuant to Section 9.5 of the Act;
C)
Volatile Organic Compounds;
D)
Constituents present in the landfill gas; and
E)
Combustion byproducts expected to be emitted from the
combustion or treatment device.
g)
Landfill gas may be transported 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 or the gas
processing facility is permitted to receive and process landfill gas under
the Act and Board regulations. Otherwise, the processing facility must
be considered a part of the solid waste management facility. In any
event, no solid waste disposal facility shall transport landfill gas off-site
under this Section unless it satisfies the financial assurance requirements
of Section 811.704(h)(3).
2)
The landfill gas shall be monitored for the parameters listed in
subsection (fd)(1) as well as other constituents such as, ammonia (NH3),
hydrogen sulfide (H2S) and hydrogen (H2) that are needed to operate the
gas processing facility.
3)
The gas processing facility isshall be sized to handle the expected
volume of gas.
19
4)
The transportation of gas to an offsite gas processing facility shall in no
way relieve the operator of the requirements of Section 811.311(a).
(Source: Amended at Ill. Reg. , effective _____________________.)
Section 811.319 Groundwater Monitoring Programs
a)
Detection Monitoring Program
Any use of the term maximum allowable predicted concentration in this Section
is a reference to 35 Ill. Adm. Code 811.318(c). The operator shall implement a
detection monitoring program in accordance with the following requirements:
1)
Monitoring Schedule and Frequency
A)
The monitoring period shall begin as soon as waste is placed into
the unit of a new landfill or within one year of the effective date
of this Part for an existing landfill. Monitoring shall continue for
a minimum period of fifteen years after closure, or in the case of
MSWLF units, a minimum period of 30 years after closure,
except as otherwise provided by subsection (a)(1)(C) of this
Section. The operator shall sample all monitoring points for all
potential sources of contamination on a quarterly basis except as
specified in subsection (a)(3), for a period of five years from the
date of issuance of the initial permit for significant modification
under 35 Ill. Adm. Code 814.104 or a permit for a new unit
pursuant to 35 Ill. Adm. Code 813.104. After the initial five-
year period, the sampling frequency for each monitoring point
shall be reduced to a semi-annual basis, provided the operator has
submitted the certification described in 35 Ill. Adm. Code
813.304(b). Alternatively, after the initial five-year period, the
Agency shall allow sampling on a semi-annual basis where the
operator demonstrates that monitoring effectiveness has not been
compromised, that sufficient quarterly data has been collected to
characterize groundwater, and that leachate from the monitored
unit does not constitute or may institute more frequent sampling
throughout the time the source constitutes a threat to
groundwater. For the purposes of this Section, the source shall
be considered a threat to groundwater, if the results of the
monitoring indicate either that the concentrations of any of the
constituents monitored within the zone of attenuation are is above
the maximum allowable predicted concentration for that
constituent or, for existing landfills subject to 35 Ill. Adm. Code
814, subpart D, that the concentration of any constituent has
20
exceeded the applicable standard at the compliance boundary as
defined in 35 Ill. Adm. Code 814.402(b)(3).
B)
Beginning fifteen years after closure of the unit, or five years
after all other potential sources of discharge no longer constitute
a threat to groundwater, as defined in subsection (a)(1)(A), the
monitoring frequency may change on a well by well basis to an
annual schedule if either of the following conditions exist.
However, monitoring shall return to a quarterly schedule at any
well where a statistically significant increase is determined to
have occurred in accordance with Section 811.320(e), in the
concentration of any constituent with respect to the previous
sample.
i)
All constituents monitored within the zone of attenuation
have returned to a concentration less than or equal to ten
percent of the maximum allowable predicted
concentration; or
ii)
All constituents monitored within the zone of attenuation
are less than or equal to their maximum allowable
predicted concentration for eight consecutive quarters.
C)
Monitoring shall be continued for a minimum period of: thirty
years after closure at MSWLF units, except as otherwise
provided by subsections (a)(1)(D) and (a)(1)(E), below; five
years after closure at landfills, other than MSWLF units, which
are used exclusively for disposing waste generated at the site; or
fifteen years after closure at all other landfills regulated under
this Part. Monitoring, beyond the minimum period, may be
discontinued under the following conditions:
i)
No statistically significant increase is detected in the
concentration of any constituent above that measured and
recorded during the immediately preceding scheduled
sampling for three consecutive years, after changing to an
annual monitoring frequency; or
ii)
Immediately after contaminated leachate is no longer
generated by the unit.
D)
The Agency may reduce the groundwater monitoring period at a
MSWLF unit upon a demonstration by the owner or operator that
the reduced period is sufficient to protect human health and
environment.
21
E)
An owner or operator of a MSWLF unit shall petition the Board
for an adjusted standard in accordance with Section 811.303, if
the owner or operator seeks a reduction of the postclosure care
monitoring period for all of the following requirements:
i)
Inspection and maintenance (Section 811.111);
ii)
Leachate collection (Section 811.309);
iii)
Gas monitoring (Section 811.310); and
iv) Groundwater monitoring (Section 811.319).
BOARD NOTE: Changes to subsections (a)(1)(A) and (a)(1)(C), and
subsections (a)(1)(D) and (a)(1)(E) are derived from 40 CFR 258.61 (1992).
2)
Criteria for Choosing Constituents to be Monitored
A)
The operator shall monitor each well for constituents that will
provide a means for detecting groundwater contamination.
Constituents shall be chosen for monitoring if they meet the
following requirements:
i)
The constituent appears in, or is expected to be in, the
leachate; and
ii)
The Board has established for the constituent a public or
food processing water supply standard, at 35 Ill. Adm.
Code 302, the Board has established a groundwater
quality standard under the Illinois Groundwater Protection
Act (Ill. Rev. Stat. 1991, ch. 111 1/2, par. 7451 et seq.
[415 ILCS 55/1 et seq.]), or the constituent may
otherwise cause or contribute to groundwater
contamination.
B)
One or more indicator constituents, representative of the transport
processes of constituents in the leachate, may be chosen for
monitoring in place of the constituents it represents. The use of
such indicator constituents must be included in an Agency
approved permit.
3)
Organic Chemicals Monitoring
22
The operator shall monitor each existing well that is being used as a part
of the monitoring well network at the facility within one year of the
effective date of this Part, and monitor each new well within the three
months of its establishment. The monitoring required by this subsection
shall be for a broad range of organic chemical contaminants in
accordance with the procedures described below:
A)
The analysis shall be at least as comprehensive and sensitive as
the tests for;
i)
The 51 organic chemicals in drinking water described at
40 CFR 141.40 (1988), incorporated by reference at 35
Ill. Adm. Code 810.104; and
ii)
Any other organic chemical for which a groundwater
quality standard or criterion has been adopted pursuant to
Section 14.4 of the Act or Section 8 of the Illinois
Groundwater Protection Act.
B)
At least once every two years, the operator shall monitor each
well in accordance with subsection (a)(1)(A).
C)
The operator of a MSWLF unit shall monitor each well in
accordance with subsection (a)(1)(A) on an annual basis.
BOARD NOTE: Subsection (a)(3)(C)is derived from 40 CFR
258.54(b) (1992).
4)
Confirmation of Monitored Increase
A)
The confirmation procedures of this subsection shall be used only
if the concentrations of the constituents monitored can be
measured at or above the practical quantitation limit (PQL). The
PQL is defined as the lowest concentration that can be reliably
measured within specified limits of precision and accuracy, under
routine laboratory operating conditions. The operator shall
institute the confirmation procedures of subsection (a)(4)(B) after
notifying the Agency in writing, within ten days, of observed
increases:
i)
The concentration of any constituent monitored in
accordance with subsection (a)(1) and (a)(2) shows a
progressive increase over four consecutive
quartersmonitoring events;
23
ii)
The concentration of any constituent exceeds the
maximum allowable predicted concentration at an
established monitoring point within the zone of
attenuation;
iii)
The concentration of any constituent monitored in
accordance with subsection (a)(3) exceeds the preceding
measured concentration at any established monitoring
point; and
iv)
The concentration of any constituent monitored at or
beyond the zone of attenuation exceeds the applicable
groundwater quality standards of Section 811.320.
B)
The confirmation procedures shall include the following:
i)
The operator shall verify any observed increase by taking
additional samples within 45 days of the initial observation and
ensure that the samples and sampling protocol used will detect
any statistically significant increase in the concentration of the
suspect constituent in accordance with subsection 811.320(e), so
as to confirm the observed increase. The operator shall notify the
Agency of any confirmed increase before the end of the next
business day following the confirmation.
ii)
The operator shall determine the source of any confirmed
increase, which may include, but shall not be limited to, natural
phenomena, sampling or analysis errors, or an offsite source.
iii)
The operator shall notify the Agency in writing of any confirmed
increase and state the source of the confirmed increase and
provide the rationale used in such a determination within ten days
of the determination.
b)
Assessment Monitoring
The operator shall begin an assessment monitoring program in order to confirm
that the solid waste disposal facility is the source of the contamination and to
provide information needed to carry out a groundwater impact assessment in
accordance with subsection (c). The assessment monitoring program shall be
conducted in accordance with the following requirements:
1)
The assessment monitoring shall be conducted in accordance with this
subsection to collect information to assess the nature and extent of
groundwater contamination. The owner or operator of a MSWLF unit
24
shall comply with the additional requirements prescribed in subsection
(b)(5). The assessment monitoring shall consist of monitoring of
additional constituents that might indicate the source and extent of
contamination. In addition, assessment monitoring may include any
other investigative techniques that will assist in determining the source,
nature and extent of the contamination, which may consist of but need
not be limited to, but not be limited to, the following steps:
A)
More frequent sampling of the wells in which the observation
occurred;
B)
More frequent sampling of any surrounding wells; and
C)
The placement of additional monitoring wells to determine the
source and extent of the contamination.;
D) Monitoring of additional constituents that might indicate the
source and extent of contamination; and
E) Any other investigative techniques that will assist in determining
the nature and extent of the contamination.
2)
The operator of the facility for which assessment monitoring is required
shall file the plans for an assessment monitoring program with the
Agency. If the facility is permitted by the Agency, then the plans shall
be filed for review as a significant permit modification pursuant to 35
Ill. Adm. Code 813.Subpart B. The assessment monitoring program
shall be implemented within 90 days of confirmation of any monitored
increase in accordance with subsection (a)(4) or, in the case of permitted
facilities, within 90 days of Agency approval.
3)
If the analysis of the assessment monitoring data shows that the
concentration of one or more constituents, monitored at or beyond the
zone of attenuation is above the applicable groundwater quality standards
of Section 811.320 and is attributable to the solid waste disposal facility,
then the operator shall determine the nature and extent of the
groundwater contamination including an assessment of the potential
impact on the groundwater should waste continue to be accepted at the
facility and shall implement the remedial action in accordance with
subsection (d).
4)
If the analysis of the assessment monitoring data shows that the
concentration of one or more constituents is attributable to the solid
waste disposal facility and exceeds the maximum allowable predicted
concentration within the zone of attenuation, then the operator shall
25
conduct a groundwater impact assessment in accordance with the
requirements of subsection (c).
5)
In addition to the requirements of subsection (b)(1), to collect
information to assess the nature and extent of groundwater
contamination, the following requirements are applicable to MSWLF
units:
A)
The monitoring of additional constituents pursuant to (b)(1)(AD)
shall include, at a minimum (except as otherwise provided in
subsection (b)(5)(E) of this Section), the constituents listed in 40
CFR 258.Appendix II, incorporated by reference at 35 Ill. Adm.
Code 810.104.
BOARD NOTE: Subsection (b)(5)(A) is derived from 40 CFR 258.55(b)
(1992).
B)
Within 14 days of obtaining the results of sampling required
under subsection (b)(5)(A), the owner or operator shall:
i)
Place a notice in the operating record identifying the
constituents that have been detected; and
ii)
Notify the Agency that such a notice has been placed in
the operating record.
BOARD NOTE: Subsection (b)(5)(B) is derived from 40 CFR
258.55(d)(1) (1992).
C)
The owner or operator shall establish background concentrations
for any constituents detected pursuant to subsection (b)(5)(A) in
accordance with Section 811.320(e).
BOARD NOTE: Subsection (b)(5)(C) is derived from 40 CFR
258.55(d)(3) (1992).
D)
Within 90 days of the initial monitoring in accordance with
subsection (b)(5)(A), the owner or operator shall monitor for the
constituents listed in 40 CFR 258.Appendix II on a semiannual
basis during the assessment monitoring.
BOARD NOTE: Subsection (b)(5)(D) is derived from 40 CFR
258.55(d)(2) (1992).
26
E)
The owner or operator may request the Agency to delete any of
the 40 CFR 258.Appendix II constituents by demonstrating to the
Agency that the deleted constituents are not reasonably expected
to be in or derived from the waste contained in the leachate.
BOARD NOTE: Subsection (b)(5)(E) is derived from 40 CFR 258.55(b)
(1992).
F)
Within 14 days of finding an exceedance above the applicable
groundwater quality standards in accordance with subsection
(b)(3), the owner or operator shall:
i)
Place a notice in the operating record that identifies the
constituents monitored under subsection (b)(1)(D) that
have exceeded the groundwater quality standard;
ii)
Notify the Agency and the appropriate officials of the
local municipality or county within whose boundaries the
site is located that such a notice has been placed in the
operating record; and
iii)
Notify all persons who own land or reside on land that
directly overlies any part of the plume of contamination if
contaminants have migrated off-site.
BOARD NOTE: Subsection (b)(5)(F) is derived from 40 CFR
258.55(g)(1)(i) through (iii) (1992).
G)
If the concentrations of all 40 CFR 258.Appendix II constituents
are shown to be at or below background values, using the
statistical procedures in Section 811.320(e), for two consecutive
sampling events, the owner or operator shall notify the Agency of
this finding and may stop monitoring the 40 CFR 258.Appendix
II constituents. BOARD NOTE: Subsection (b)(5)(G) is derived
from 40 CFR 258.55(e) (1992).
c)
Assessment of Potential Groundwater Impact An operator required to conduct a
groundwater impact assessment in accordance with subsection (b)(4) shall assess
the potential impacts outside the zone of attenuation that may result from
confirmed increases above the maximum allowable predicted concentration
within the zone of attenuation, attributable to the facility, in order to determine
if there is need for remedial action. In addition to the requirements of Section
811.317, the following shall apply:
27
1)
The operator shall utilize any new information developed since the initial
assessment and information from the detection and assessment
monitoring programs and such information may be used for the
recalibration of the GCT model; and
2)
The operator shall submit the groundwater impact assessment and any
proposed remedial action plans determined necessary pursuant to
subsection (d) to the Agency within 180 days of the start of the
assessment monitoring program.
d)
Remedial Action. The owner or operator of a MSWLF unit shall conduct
corrective action in accordance with Sections 811.324, 811.325, and 811.326.
The owner or operator of a landfill facility, other than a MSWLF unit, shall
conduct remedial action in accordance with this subsection.
1)
The operator shall submit plans for the remedial action to the Agency.
Such plans and all supporting information including data collected during
the assessment monitoring shall be submitted within 90 days of
determination of either of the following:
A)
the groudwater impact assessment, performed in accordance with
subsection (c), indicates that remedial action is needed; or
B)
Any confirmed increase above the applicable groundwater quality
standards of Section 811.320 is determined to be attributable to
the solid waste disposal facility in accordance with subsection (b).
2)
If the facility has been issued a permit by the Agency, then the operator
shall submit this information as an application for significant
modification to the permit;
3)
The operator shall implement the plan for remedial action program
within 90 days of the following:
A)
Completion of the groundwater impact that requires remedial
action;
B)
Establishing that a violation of an applicable groundwater quality
standard of Section 811.320 is attributable to the solid waste
disposal facility in accordance with subsection (b)(3); or
C)
Agency approval of the remedial action plan, where the facility
has been permitted by the Agency.
28
4)
The remedial action program shall consist of one or a combination of
one of more of the following solutions:
A)
Retrofit additional groundwater protective measures within the
unit;
B)
Construct an additional hydraulic barrier, such as a cutoff wall or
slurry wall system
C)
Pump and treat the contaminated groundwater; or
D)
Any other equivalent technique which will prevent further
contamination of groundwater.
5)
Termination of the Remedial Action Program
A)
The remedial action program shall continue in accordance with
the plan until monitoring shows that the concentrations of all
monitored constituents are below the maximum allowable
predicted concentration within the zone of attenuation, below the
applicable groundwater quality standards of Section 811.320 at or
beyond the zone of attenuation, over a period of four consecutive
quarters no longer exist.
B)
The operator shall submit to the Agency all information collected
under subsection (d)(5)(A). If the facility is permitted then the
operator shall submit this information as a significant
modification of the permit.
(Source: Amended at Ill. Reg. , effective _____________________.)
Section 811.321 Waste Placement
a)
Phasing of Operations
1)
Waste disposal operations shall move from the lowest portions of the
unit to the highest portions. Except as provided in subsection (a)(2), the
placement of waste shall begin in the lowest part of the active face of the
unit, located in the part of the facility most downgradient, with respect
to groundwater flow.
2)
The operator may dispose of wastes in areas other than those specified in
subsection (a)(1) only under any of the following conditions:
29
A)
Climatic conditions, such as wind and precipitation, are such that
the placement of waste in the bottom of the unit would cause
water pollution, litter or damage to any part of the liner;
B)
The topography of the land surrounding the unit makes the
procedure of subsection (a)(1) environmentally unsound, for
example, because steep slopes surround the unit; or
C)
When groundwater monitoring wells, constructed in accordance
with the requirements of 811.319, are placed 50 feet, or less,
downgradient from the filled portions of the unit.
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 the
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, or, alternatively,
a temporary protective layer of other material suitable to prevent the
compacted earth liner from freezing shall be placed over the entire
drainage blanket immediately after construction, but prior to the onset of
weather conditions that may cause the compacted earth liner to freeze,
except as provided in subsection (b)(4) of this Section.
4)
Waste shall not be placed over areas that are subject to freezing
conditions until the liner has been certified or recertified by the CQA
officer designated pursuant to Section 811.502 inspected, tested, and
reconstructed (if necessary) to meet the requirements of Section 811.306.
(Source: Amended at Ill. Reg. , effective _____________________.)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING
PART 813
30
PROCEDURAL REQUIREMENTS FOR PERMITTED LANDFILLS
SUBPART A: GENERAL PROCEDURES
Section
813.101
Scope and Applicability
813.102
Delivery of Permit Application
813.103
Agency Decision Deadlines
813.104
Standards for Issuance of a Permit
813.105
Standards for Denial of a Permit
813.106
Permit Appeals
813.107
Permit No Defense
813.108
Term of Permit
813.109
Transfer of Permits
813.110
Adjusted Standards to Engage in Experimental Practices
813.111
Agency Review of Contaminant Transport Models
SUBPART B: ADDITIONAL PROCEDURES FOR MODIFICATION AND SIGNIFICANT
MODIFICATION OF PERMITS
Section
813.201
Initiation of a Modification or Significant Modification
813.202
Information Required for a Significant Modification of an Approved
Permit
813.203
Specific Information Required for a Significant Modification to Obtain
Operating Authorization
813.204
Procedures for a Significant Modification of an Approved Permit
SUBPART C: ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS
Section
813.301
Time of Filing
813.302
Effect of Timely Filing
813.303
Information Required for a Permit Renewal
813.304
Updated Groundwater Impact Assessment
813.305
Procedures for Permit Renewal
SUBPART D: ADDITIONAL PROCEDURES FOR INITIATION AND TERMINATION OF
TEMPORARY AND PERMANENT CLOSURE AND POSTCLOSURE CARE
Section
813.401
Agency Notification Requirements
813.402
Certification of Closure
813.403
Termination of the Permit
31
SUBPART E: CERTIFICATION AND REPORTS TO BE FILED WITH THE AGENCY
Section
813.501
Annual Certification Reports
813.502
Quarterly Groundwater Reports and Graphical Results of Monitoring
Efforts
813.503
Information to be Retained at or near the Waste Disposal Facility
813.504
Annual Report
AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and 28.1, and authorized by
Section 27, of the Environmental Protection Act (Ill. Rev. Stat. 1991, ch. 111 1/2, pars.
1005, 1021, 1021.1, 1022, 1022.17, 1028.1 and 1027) [415 ILCS 5/5, 21, 21.1, 22, 22.17,
28.1 and 27].
SOURCE: Adopted in R88-7 at 14 Ill. Reg. 15814, effective September 18, 1990; amended in
R92-19 at 17 Ill. Reg. 12409, effective July 19, 1993; expedited correction at 18 Ill. Reg.
7501, effective July 19, 1993; amended in R90-26 at 18 Ill. Reg. 12388, effective August 1,
1994; amended in R98-9, at Ill. Reg. , effective _____________________.
NOTE: Capitalization indicates statutory language.
Section 813.103 Agency Decision Deadlines
a)
IF THERE IS NO FINAL ACTION BY THE AGENCY WITHIN 90 DAYS
AFTER THE FILING OF THE APPLICATION FOR PERMIT, THE
APPLICANT MAY DEEM THE PERMIT ISSUED; EXCEPT THAT THIS
TIME PERIOD SHALL BE EXTENDED TO 180 DAYS WHEN:
1)
NOTICE AND OPPORTUNITY FOR PUBLIC HEARING ARE
REQUIRED BY STATE OR FEDERAL LAW OR REGULATION, OR
2)
THE APPLICATION WHICH WAS FILED IS FOR ANY PERMIT TO
DEVELOP A LANDFILL. (Section 39 of the Act)
b)
An application for permit pursuant to this Subpart shall not be deemed to be
filed until the Agency has received all information and documentation in the
form and with the content required by this Part and 35 Ill. Adm. Code 811,
812, and 814. However, if, pursuant to the standards of Section 813.105, the
Agency fails to notify the applicant within 30 days after the filing of a purported
application that the application is incomplete and the reason the Agency deems it
incomplete, the application shall be deemed to have been filed as of the date of
such purported filing as calculated pursuant to Section 813.102. The applicant
may treat the Agency's notification that an application is incomplete as a denial
of the application for the purposes of review pursuant to Section 813.106.
32
c)
The applicant may waive the right to a final decision in writing prior to the
applicable deadline in subsection (a).
d)
The applicant may modify a permit application at any time prior to the Agency
decision deadline date, provided that, for any permit application modification
received by the Agency within 30 days of the Agency decision deadline, the
applicant waives the Agency decision deadline for 30 days from the date of
receipt of the modification, to allow the Agency time to determine whether the
modification meets the definition of significant modification and, for permit
applications modifications not meeting the definition of significant modification,
to take final action. 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. The Agency shall notify the applicant in writing within 30 days
after the filing of a proposed permit modification if it deems the modification to
be a significant modification. A determination by the Agency as to whether a
modification is a significant modification is a final determination, appealable in
the manner provided for the review of permit decisions under Section 40 of the
Act. The Agency's decision deadline date shall be stayed as of the date of such
written notice of the Agency's determination during the pendency of any timely-
filed appeal challenging such an Agency determination.
e)
The Agency shall mail all notices of final action by registered or certified mail,
post marked with a date stamp and with return receipt requested. Final action
shall be deemed to have taken place on the post marked date that such notice is
mailed.
(Source: Amended at Ill. Reg. , effective _____________________.)
SUBPART E: REPORTS TO BE FILED WITH THE AGENCY
Section 813.501 Annual Certification Reports
a)
All permitted landfills shall submit an annual certification annual reports to the
Agency during operation and for the entire postclosure monitoring period. Such
certification shall be signed by the operator or duly authorized agent as specified
in 35 Ill. Adm. Code 815.102, annual reports shall be filledfiled each year by
the first day of the month chosen and specified by the Agency in the facility
permit, and shall state as follows:.
a) All records required to be submitted to the Agency pursuant to 35 Ill. Adm.
Code 858.207 and 858.308 have been timely and accurately submitted; and
33
b) Agency Review of the Report
1) The Agency shall conduct a review of the annual report to determine
compliance with the requirements of subsection (c) and either accept the
contents as complete or request additional information within 45 days of
receipt of the report.
2) If the Agency fails to respond within the required time period then the
report shall be considered acceptable.
3) The operator shall return the additional information 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.
b) All applicable fees required by the Act have been paid in full.
c) All annual reports shall contain the following information:
1) A waste volume summary which includes:
A) Total volume of solid waste accepted at the facility in cubic meter
(cubic yards) as measured at the gate;
B) Remaining solid waste capacity in each unit in cubic meter (cubic
yards) as measured at the gate; and
C) A copy of all identification reports required under 35 Ill. Adm.
Code 811.404.
2) Monitoring data from the leachate collection system, groundwater
monitoring network, gas monitoring system, and any other monitoring
data which was specified in the operator's permit, including:
A) Graphical results of monitoring efforts;
B) Statistical summaries and analysis of trends;
C) Changes to the monitoring program; and
D) Discussion of error analysis, detection limits, and observed
trends.
34
3) Proposed activities for the year
A) Amount of Waste expected in the next year;
B) Structures to be built within the next year; and
C) New monitoring stations to be installed within the next year.
4) Any modification or significant modification affecting the operation of a
facility shall be included.
5) Signature of the operator or duly authorized agent as specified in 35 Ill.
Adm. Code 815.102.
(Source: Amended at Ill. Reg. , effective _____________________.)
Section 813.502 Quarterly Groundwater Reports and Graphical Results of Monitoring Efforts
a) All groundwater monitoring data shall be submitted to the Agency at the same
frequency as established for groundwater detection monitoring pursuant to
Section 811.319(a)on a quarterly basis, in a form prescribed by the Agency, and
in accordance with a schedule approved in the permit.
b) Upon written Agency request, monitoring data depicted in a graphical form
prescribed by the Agency shall be submitted to the Agency. Such data shall be
submitted within 45 days of the date of the Agency's written request.
(Source: Amended at Ill. Reg. , effective _____________________.)
Section 813.503 Information to be Retained at or near the Waste Disposal Facility
Information developed by the operator, including annual reports, but not yet forwarded to the
Agency in a quarterly or annual report shall be kept at or near the facility for inspection by the
Agency upon request during normal working hours. If there is no active office for
maintenance of records at the facility during the postclosure care period, then an alternate
active operation site in the state, owned or operated by the same facility operator, may be
specified. The Agency must be notified of the address and telephone number of the operator
at the alternative facility where the information will be retained. This information must be
retained through the postclosure care period.
(Source: Amended at Ill. Reg. , effective _____________________.)
Section 813.504 Annual Report
35
An annual report shall be submitted to the Agency each calendar year, by the first date of the
month chosen and specified by the Agency in the facility permit, containing the following
materials:
a) Information relating to monitoring data from the leachate collection system,
groundwater monitoring network, gas monitoring system, and any other
monitoring data which was specified in the operator's permit, including:
1) Summary of monitoring data for the calendar year;
2) Dates of submittal of comprehensive monitoring data to the Agency
during the calendar year;
3) Statistical summaries and analysis of trends;
4) Changes to the monitoring program; and
5) Discussion of error analysis, detection limits, and observed trends.
b) 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.
c) Any modification or significant modification affecting the operation of a
facility.
d) The signature of the operator or duly authorized agent as specified in 35 Ill.
Adm. Code 815.102.
(Source: Added at ______ Ill. Reg. ___________, effective ____________________.)
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE G: WASTE DISPOSAL
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER m: USED AND WASTE TIRES
PART 848
MANAGEMENT OF USED AND WASTE TIRES
SUBPART A: GENERAL
36
Section
848.101
Applicability
848.102
Severability
848.103
Other Regulations
848.104
Definitions
848.105
Incorporation by Reference
SUBPART B: MANAGEMENT STANDARDS
Section
848.201
Applicability
848.202
Requirements
848.203
Contingency Plan
848.204
Storage of Used and Waste Tires Within Buildings
848.205
Pesticide Treatment
848.206
Exemptions for Tire Retreading Facilities
848.207
Exemptions for Tire Stamping & Die Cutting Facilities
848.208
Exemptions for Sites With a Tire Removal Agreement
SUBPART C: RECORDKEEPING AND REPORTING
Section
848.301
Applicability
848.302
Records
848.303
Daily Tire Record
848.304
Annual Tire Summary
848.305
Retention of Records
848.306
Certification
SUBPART D: FINANCIAL ASSURANCE
Section
848.400
Scope and Applicability
848.401
Upgrading Financial Assurance
848.402
Release of Financial Institution
848.403
Application of Proceeds and Appeal
848.404
Removal Cost Estimate
848.406
Mechanisms for Financial Assurance
848.407
Use of Multiple Financial Mechanisms
848.408
Use of a Financial Mechanism for Multiple Sites
848.410
Trust Fund
848.413
Letter of Credit
848.415
Self-Insurance for Non-commercial Sites
37
SUBPART E: TIRE REMOVAL AGREEMENTS
Section
848.501
Applicability
848.502
Removal Performance Standard
848.503
Contents of Proposed Tire Removal Agreements
848.504
Time Allowed for Tire Removal
848.505
Removal Plan
848.506
Initiation of Tire Removal
848.507
Certification of Removal Completion
848.508
Agency Approval
848.509
Board Review
SUBPART F: TIRE TRANSPORTATION REQUIREMENTS
Section
848.601
Tire Transportation Prohibitions
848.602
Tire Transportation Registrations
848.603
Agency Approval of Registrations
848.604
Registration No Defense
848.605
Duration and Renewal
848.606
Vehicle Placarding
Appendix A
Financial Assurance Forms
Illustration A
"Trust Agreement"
Illustration B
"Certification of Acknowledgement"
Illustration C
"Irrevocable Standby Letter of Credit"
Illustration D
"Owner or Operator's Bond Without Surety"
Illustration E
"Owner or Operator's Bond With Parent Surety"
Illustration F
"Letter from the Chief Financial Officer"
AUTHORITY: Implementing Section 55.2 and authorized by Section 27 of the Environmental
Protection Act (Ill. Rev. Stat. 1989, ch. 111 1/2, pars. 1055.2 and 1027).
SOURCE: Adopted in R90-9(A), at 15 Ill. Reg. 7959, effective May 10, 1991; amended in
R90-9(B) at 16 Ill. Reg. 3114, effective February 14, 1992, amended in R 98-9 at 22 Ill. Reg.
_______, effective .
NOTE: Statutory language is denoted by capital letters.
Section 848.104 Definitions
For the purposes of this Part, except as the context otherwise clearly requires, the words and
terms defined in this Section shall have the meanings given herein. Words and terms not
38
defined shall have the meanings otherwise set forth in the Act and regulations adopted
thereunder.
"Act" means the Illinois Environmental Protection Act (Ill. Rev. Stat.
1989, ch. 111 1/2, par. 1001 et seq.).
"Aisle" means an accessible clear space between storage piles or groups
of piles suitable for housekeeping operations, visual inspection of piling
areas and nitial fire fighting operations.
"ALTERED TIRE" MEANS A USED TIRE WHICH HAS BEEN
ALTERED SO THAT IT IS NO LONGER CAPABLE OF HOLDING
ACCUMULATIONS OF WATER, INCLUDING, BUT NOT LIMITED
TO, USED TIRES THAT HAVE BEEN SHREDDED, CHOPPED,
DRILLED WITH HOLES SUFFICIENT TO ASSURE DRAINAGE,
SLIT LONGITUDINALLY AND STACKED SO AS NOT TO
COLLECT WATER, OR WHOLLY OR PARTIALLY FILLED WITH
CEMENT OR OTHER MATERIAL TO PREVENT THE
ACCUMULATION OF WATER. "ALTERATION" OR "ALTERING"
MEANS ACTION WHICH PRODUCES AN ALTERED TIRE.
(Section 54.01 of the Act)
"CONVERTED TIRE" MEANS A USED TIRE WHICH HAS BEEN
MANUFACTURED INTO A USABLE COMMODITY OTHER THAN
A TIRE. "CONVERSION" OR "CONVERTING" MEANS ACTION
WHICH PRODUCES A CONVERTED TIRE. USABLE PRODUCTS
MANUFACTURED FROM TIRES, WHICH PRODUCTS ARE
THEMSELVES CAPABLE OF HOLDING ACCUMULATIONS OF
WATER, SHALL BE DEEMED TO BE "CONVERTED" IF THEY
ARE STACKED, PACKAGED, BOXED, CONTAINERIZED OR
ENCLOSED IN SUCH A MANNER AS TO PRECLUDE EXPOSURE
TO PRECIPITATION PRIOR TO SALE OR CONVEYANCE.
(Section 54.02 of the Act)
"COVERED TIRE" MEANS A USED TIRE LOCATED IN A
BUILDING, VEHICLE OR FACILITY WITH A ROOF EXTENDING
OVER THE TIRE, OR SECURELY LOCATED UNDER A
MATERIAL SO AS TO PRECLUDE EXPOSURE TO
PRECIPITATION. (Section 54.03 of the Act)
"DISPOSAL" MEANS THE PLACEMENT OF USED TIRES INTO
OR ON ANY LAND OR WATER EXCEPT AS AN INTEGRAL PART
OF SYSTEMATIC REUSE OR CONVERSION IN THE REGULAR
COURSE OF BUSINESS. (Section 54.04 of the Act)
39
"NEW TIRE" MEANS A TIRE WHICH HAS NEVER BEEN PLACED
ON A VEHICLE WHEEL RIM. (Section 54.05 of the Act)
"PROCESSING" MEANS THE ALTERING, CONVERTING OR
REPROCESSING OF USED OR WASTE TIRES. (Section 54.06 of the
Act)
“RECYCLABLE TIRE” MEANS A USED TIRE WHICH IS FREE OF
PERMANENT PHYSICAL DAMAGE AND MAINTAINS
SUFFICIENT TREAD DEPTH TO ALLOW ITS USE THROUGH
RESALE OR REPAIRING. (Section 54.06(a) of the Act)
"REPROCESSED TIRE" MEANS A USED TIRE WHICH HAS BEEN
RECAPPED, RETREADED OR REGROOVED AND WHICH HAS
NOT BEEN PLACED ON A VEHICLE WHEEL RIM. (Section 54.07
of the Act)
"Retread" or "Retreading" means the process of attaching tread to the
casing of used tires.
"REUSED TIRE" MEANS A USED TIRE THAT IS USED AGAIN,
IN PART OR AS A WHOLE, BY BEING EMPLOYED IN A
PARTICULAR FUNCTION OR APPLICATION AS AN EFFECTIVE
SUBSTITUTE FOR A COMMERCIAL PRODUCT OR FUEL
WITHOUT HAVING BEEN CONVERTED. (Section 54.08 of the Act)
"STORAGE" MEANS ANY ACCUMULATION OF USED TIRES
THAT DOES NOT CONSTITUTE DISPOSAL. AT A MINIMUM,
SUCH AN ACCUMULATION MUST BE AN INTEGRAL PART OF
THE SYSTEMATIC ALTERATION, REUSE, REPROCESSING OR
CONVERSION OF THE TIRE IN THE REGULAR COURSE OF
BUSINESS. (Section 54.09 of the Act)
"TIRE" MEANS A HOLLOW RING, MADE OF RUBBER OR
SIMILAR MATERIALS, WHICH WAS MANUFACTURED FOR THE
PURPOSE OF BEING PLACED ON THE WHEEL RIM OF A
VEHICLE. (Section 54.10 of the Act)
“TIRE CARCASS” MEANS THE INTERNAL PART OF A USED
TIRE CONTAINING THE PLIES, BEADS, AND BELTS SUITABLE
FOR RETREAD OR REMANUFACTURE. (Section 54.10(a) of the
Act)
“TIRE DERIVED FUEL” MEANS A PRODUCT MADE FROM
USED TIRES TO EXACT SPECIFICATION OF A SYSTEM
40
DESIGNED TO ACCEPT A TIRE DERIVED FUEL AS A PRIMARY
OR SUPPLEMENTAL FUEL SOURCE. (Section 54.10(b) of the Act)
"TIRE DISPOSAL SITE" MEANS A SITE WHERE USED TIRES
HAVE BEEN DISPOSED OF OTHER THAN AT A LANDFILL
PERMITTED BY THE AGENCY, OR OPERATED IN
ACCORDANCE WITH SECTION 55(D) OF THE ACT. (Section
54.11 of the Act)
"Tire retreader" means a person who retreads used tires. “TIRE
RETREADER” MEANS A PERSON OR FIRM THAT RETREADS OR
REMANUFACTURES TIRES. (Section 54.11(a) of the Act)
"TIRE STORAGE SITE" MEANS A SITE WHERE USED TIRES ARE
STORED OR PROCESSED, OTHER THAN THE SITE AT WHICH
THE TIRES WERE SEPARATED FROM THE VEHICLE WHEEL
RIM, THE SITE WHERE THE USED TIRES WERE ACCEPTED IN
TRADE AS PART OF A SALE OF NEW TIRES, OR A SITE AT
WHICH BOTH NEW AND USED TIRES ARE SOLD AT RETAIL IN
THE REGULAR COURSE OF BUSINESS, AND AT WHICH NOT
MORE THAN 250 USED TIRES ARE KEPT AT ANY TIME OR A
FACILITY AT WHICH TIRES ARE SOLD AT RETAIL PROVIDED
THAT THE FACILITY MAINTAINS LESS THAN 1300
RECYCLABLE TIRES, 1300 TIRE CARCASSES, AND 1300 USED
TIRES ON SITE AND THOSE TIRES ARE STORED INSIDE A
BUILDING SO THAT THEY ARE PREVENTED FROM
ACCUMULATING WATER. (Section 54.12 of the Act)
"Tire Storage Unit" means a pile of tires or a group of piles of tires at a
tire storage site. “TIRE STORAGE UNIT” MEANS A PILE OF TIRES
OR A GROUP OF PILES OF TIRES AT A STORAGE SITE. (Section
54.12(a) of the Act)
"Tire Transporter" means a person who transports used or waste tires in
a vehicle. “TIRE TRANSPORTER” MEANS A PERSON WHO
TRANSPORTS USED OR WASTE TIRES IN A VEHICLE. (Section
54.12(b) of the Act)
"USED TIRE" MEANS A WORN, DAMAGED OR DEFECTIVE
TIRE WHICH IS NOT MOUNTED ON A VEHICLE WHEEL RIM.
(Section 54.13 of the Act)
"VECTOR" MEANS ARTHROPODS, RATS, MICE, BIRDS OR
OTHER ANIMALS CAPABLE OF CARRYING DISEASE-
PRODUCING ORGANISMS TO A HUMAN OR ANIMAL HOST.
41
"VECTOR" DOES NOT INCLUDE ANIMALS THAT TRANSMIT
DISEASE TO HUMANS ONLY WHEN USED AS HUMAN FOOD.
(Section 54.14 of the Act)
"VEHICLE" MEANS EVERY DEVICE IN, UPON OR BY WHICH
ANY PERSON OR PROPERTY IS OR MAY BE TRANSPORTED OR
DRAWN, EXCEPT DEVICES MOVED BY HUMAN POWER OR BY
ANIMAL POWER, DEVICES USED EXCLUSIVELY UPON
STATIONARY RAILS OR TRACKS, AND MOTORIZED
WHEELCHAIRS. (Section 54.15 of the Act)
"WASTE TIRE" MEANS A USED TIRE THAT HAS BEEN
DISPOSED OF. (Section 54.16 of the Act)
SOURCE: Amended in R98-9 at 22 Ill. Reg._________, effective ___________________.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above opinion and order was adopted on the 5th day of February 1998, by a vote of 6-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
