pECE~l’~~
bLER~SO~F~0E~
3 ~
sTJ\TE
OF
LU~~
pottuttOfl Co
LINE NUMBERED VERSION
~
~
:~
fi~
~
rr~~tiri~j
+1~
~
N~iii”
~‘ir”
uv~usnwr1L.
This version should be identical to the submission made by the agency,
with the exceptions that errors in
Source or Authority Notes may have
been
corrected;
the
format
used
is
that
of
the
electronic
Illinois
Administrative
Code
database,
so
formatting
discrepancies
will
be
corrected;
incorrect
depictions
of existing
language
may
have
been
corrected
to
conform
with
the
IAPA;
statutory
citations
will
be
handled
correctly;
any obvious misspellings
revealed by an
electronic
spell check may have been corrected; and simple techhical corrections
may
have been made.
If any
such
changes have
been made, they will
be
highlighted on
the attached copy.
If there
is
any problem,
contact
JCAR.
On this
mark-up, any word or punctuation that has been altered will be
highlighted.
You
will need to compare this to your hard
copy or your
database
to determine how
the
original
text
read. If a
white
space
is
highlighted, you will know that
text has been omitted at that location.
As
always,
if you
would
like
an
adopted
rulemaking
or
any
Illinois
Administrative
Code
database
materials on
disk or through e-mail
for
purposes ofupload, contact Terra Lamb at 785-2254.
ILLINOIS REGISTER
1
04
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED ~V1ENDMENT
1)
Heading ofthe Part:
Standards for New
Solid Waste Landfills
2)
Code citation:
35
Ill. Adm. Code
811
3)
Section number:
Proposed Action:
811.302
Amend
4)
Statutory authority:
415 ILCS
5/7.2,
22.40, and 27
5)
A complete description ofthe subjects and issues involved:
The amendments
to Part 811
are a single segment ofa larger rulemaking that also affects
35
Iii. Adm. Code
810, which
is covered by a separate notice in this issue ofthe
Illinois Register.
To save space, a more
detailed description ofthe subjects and issues involved in the larger rulemaking in this
Illinois Register
only in the answer to question
5
in the Notice ofProposed Amendments
for
35 Iii.
Adm.
Code
810.
A comprehensive description is contained in the Board’s
opinion and order ofMarch 18, 2004, proposing amendments
in consolidated docket
R04-5/R04-15 for public comment, which opinion and order is available
from the address
below.
As is explained in that opinion, the Board will receive public comment on the
proposed amendments
for 45 days from the date they appear in the
Illinois Register
before proceeding to
adopt amendments based on this proposal.
Specifically, the amendments to Part 811
implement segments of the federal October
15,
2003 amendments relating to location of a new landfill near public airports.
Tables appear in the Board’s opinion and order ofMarch 18, 2004 in consolidated docket
R04-5/R04-15 that list numerous corrections and
amendments that are not based on
current federal amendments.
The tables contain deviations from the literal text ofthe
federal amendments underlying these amendments, as well as corrections and
clarifications that the Board made in the base text involved.
Persons interested in the
details of those corrections and amendments should refer to the March 18, 2004 opinion
and order in consolidated docket R04-5/R04-15.
Section 22.40
ofthe Environmental Protection Act 415
ILCS 5/22.40
provides that
Section
5-35 ofthe Administrative Procedure Act 5
ILCS
100/5-35
does not apply to
this rulemaking.
Because this rulemaking is not subject to Section
5-35
ofthe APA, it is
not subject to First Notice or to
Second Notice review by the Joint Committee on
Administrative Rules (JCAR).
6)
Will this rulemaking replace any emergency amendments currently in effect?
No
ILLINOIS REGISTER
2
04
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
7)
Does this rulemaking contain an automatic repeal date?:
No
8)
Do these proposed amendments contain incorporations by reference?
No
9)
Are there any other amendments pending on this Part?
No.
10)
Statement ofstatewide policy objective:
These proposed amendments do not create or
enlarge a State mandate, as defined in Section 3(b) ofthe State~Mandates
Act.
30
IILCS
805/3(b) (2002).
11)
Time, place and mannerin which interested persons may comment on this proposed
rulemaking:
The Board will accept written public comment on
this proposal for a period of
45 days
after the date ofthis publication.
Comments should reference consolidated docket R04-
5/R04-15 and be addressed to:
Ms. DorothyM. Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center, Suite 11-500
100 W. Randolph St.
Chicago, IL
60601
Please direct
inquiries to the following person and reference consolidated docket R04-
5/R04-15:
Michael J. McCambridge
Staff Attorney
Illinois Pollution Control Board
100W.
Randolph
11-500
Chicago,IL
60601
Phone:
312-814-6924
E-mail:
mccambm@ipcb.state.il.us
Request copies ofthe Board’s opinion and order at 312-814-3620, or download a copy
from the Board’s Website at http:\\www.ipcb.state.il.us.
12)
Initial regulatory flexibility analysis:
ILLINOIS REGISTER
3
04
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED AMENDMENT
A)
Types ofsmall businesses, small municipalities, and not-for-profit
corporations affected:
This rulemaking may affect those small businesses,
small municipalities, and not-for-profit corporations that own or operate a
municipal solid waste landfill.
B)
Reporting, bookkeeping or other procedures required for compliance:
The existing rules
and proposed amendments require extensive reporting,
bookkeeping and other procedures, including the preparation ofmanifests
and annual reports, and maintenance ofoperating records.
C)
Types ofprofessional skills necessary for compliance:
Compliance with the existing rules and proposed amendments may require
the services ofan attorney, certified public accountant, chemist, and
registered professional engineer.
13)
Regulatory agenda on which this rulemaking was summarized:
January 2004
The full text ofthe Proposed Amendment begins on the next page:
~MPT
JCAR35O81 1-0405594r01
1
TITLE
35:
ENVIRONMENTAL PROTECTION
2
SUBTITLE G:
WASTE DISPOSAL
3
CHAPTER I:
POLLUTION CONTROL BOARD
4
SUBCHAPTER
i:
SOLID WASTE AND SPECIAL WASTE HAULING
5
6
PART811
7
STANDARDS FOR NEW SOLID WASTE LANDFILLS
8
9
SUBPART A:
GENERAL STANDARDS FOR ALL LANDFILLS
10
11
Section
12
811.101
Scope and Applicability
13
811.102
Location Standards
14
811.103
Surface Water Drainage
15
811.104
SurveyControls
16
811.105
Compaction
17
811.106
DailyCover
18
811.107
Operating Standards
19
811.108
Salvaging
20
811.109
Boundary Control
21
811.110
Closure and Written Closure Plan
22
811.111
Postclosure Maintenance
23
.811.112
Recordkeeping Requirements
for MSWLF Units
24
25
SUBPART
B:
INERT WASTE LANDFILLS
26
27
Section
28
811.201
Scope and Applicability
29
811.202
Determination of Contaminated Leachate
30
811.203
Design Period
31
811.204
Final Cover
32
811.205
Final Slope and Stabilization
33
811.206
Leachate Sampling
34
811.207
Load Checking
35
36
SUBPART C:
PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS
37
38
Section
39
811.301
Scope and Applicability
40
811.302
Facility Location
41
811.303
DesignPeriod
42
811.304
Foundation and Mass Stability Analysis
43
811.305
Foundation Construction
JCAR35O811-0405594r01
44
811.306
Liner Systems
45
811.307
Leachate Drainage System
46
811.308
Leachate Collection System
47
811.309
Leachate Treatment and Disposal System
48
811.310
Landfill Gas Monitoring
49
811.311
Landfill Gas Management System
50
811.312
Landfill Gas Processing and Disposal System
51
811.313
Intermediate Cover
52
811.3 14
Final Cover System
53
811.315
Hydrogeological Site Investigations
54
811.316
Plugging and Sealing ofDrill Holes
55
811.317
Groundwater Impact Assessment
56
811.318
Design, Construction, and Operation of Groundwater Monitoring Systems
57
811.319
Groundwater Monitoring Programs
58
811.320
Groundwater Quality Standards
59
811.321
Waste Placement
60
811.322
Final Slope and
Stabilization
61
811.323
Load Checking Program
62
811.324
Corrective ActionMeasures forMSWLF Units
63
811.325
Selection ofremedy forMSWLF Units
64
811.326
Implementation ofthe
corrective action program at MSWLF Units
65
66
SUBPART D: MANAGEMENT OF SPECIALWASTESATLANDFILLS
67
68
Section
69
811.401
Scope and Applicability
70
811.402
Notice to Generators and Transporters
71
811.403
Special Waste Manifests
72
811.404
IdentificationRecord
73
811.405
Recordkeeping Requirements
74
811.406
Procedures for Excluding RegulatedHazardous Wastes
75
76
SUBPART
B:
CONSTRUCTION QUALITY
ASSURANCE PROGRAMS
77
78
Section
79
811.501
Scope and Applicability
80
811.502
Duties and QualificationsofKeyPersonnel
81
811.503
Inspection Activities
82
811.504
Sampling Requirements
83
811.505
Documentation
84
811.506
Foundationsand Subbases
85
811.507
Compacted Earth Liners
86
811.508
Geomembranes
JCAR35O811-0405594r01
87
88
89
90
91
Section
92
811.700
93
811.701
94
811.702
95
811.703
96
811.704
97
811.705
98
811.706
99
811.707
H
100
811.708
101
811.709
102
811.710
103
811.711
104
811.712
105
811.713
106
811.714
107
811.715
108
811.716
109
811.717
110
811.718
111
811.719
112
811.720
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
811.509
Leachate Collection
Systems
SUBPART
G:
FINANCIAL ASSURANCE
Scope, Applicability and Definitions
Upgrading Financial Assurance
Release ofFinancial Institution
Application ofProceeds and Appeals
Closure and Postclosure Care Cost Estimates
Revision of Cost Estimate
Mechanisms for Financial Assurance
Use ofMultiple Financial Mechanisms
Use ofa Financial Mechanism for Multiple Sites
Trust Fund for Unrelated Sites
Trust Fund
Surety Bond Guaranteeing Payment
Surety Bond Guaranteeing Performance
Letter ofCredit
Closure Insurance
Self-Insurance for Non-commercial Sites
Local Government Financial Test
Local Government Guarantee
Discounting
Corporate Financial Test
Corporate Guarantee
811 .APPENDIX A
Financial Assurance Forms
811.ILLUSTRATIONA
811.ILLUSTRATION B
811.ILLUSTRATION C
81 1.ILLUSTRATION D
811.ILLUSTRATIONE
811 .ILLUSTRATION F
811.ILLUSTRATION G
811 .ILLUSTRATION H
811 .ILLUSTRATION I
Trust Agreement
Certificateof Acknowledgment
Forfeiture Bond
Performance Bond
Irrevocable Standby Letter ofCredit
Certificate of Insurance for Closure and/or Postclosure
Care
Operator’s Bond Without Surety
Operator’s Bond With Parent Surety
Letter from ChiefFinancial Officer
811.APPBNDIX B
Section-by-Section correlation between the Standards ofthe RCRA
Subtitle D MSWLF regulations
and the Board’s nonhazardous waste
landfill regulations.
AUTHORITY:
Implementing Sections
5,
21, 21.1, 22, 22.17 and 28.1
and authorized by Section
JCAR350811-0405594r01
130
27 of
the Environmental Protection Act
415
ILCS 5/5, 21, 21.1, 22, 22.17, 28.1, and 27.
131
132
SOURCE:
Adopted in R88-7 at 14 Ill. Reg.
15861, effective September 18,
1990;
amended in
133
R92-19 at 17 Ill.
Reg.
12413, effective July
19,
1993; amended in R93-10
at 18 Ill.
Reg.
1308,
134
effective January 13,
1994; expedited correction at
18 Ill. Reg.
7504, effective July 19,
1993;
135
amended in R90-26 at
18 Ill. Reg.
12481, effective August 1,
1994; amended in R95-13 at
19 Ill.
136
Reg.
12257, effective August 15,
1995;
amended in R96-1
at 20 Ill. Reg.
12000,
effective
137
August 15,
1996; amended in R97-20 at 21111. Reg.
15831,
effective November
25,
1997;
138
amended in R98-9 at 22
Ill. Reg.
11491, effective June 23, 1998;
amended in R99-1
at 23 Ill.
139
Reg. 2794, effective February 17,
1999; amended in R98-29 at 23 Ill. Reg; 6880, effective July
140
1,
1999; amended in R04-5/R04-15 at 28 Ill. Reg.
______,
effective
_____________
141
142
SUBPART C:
PUTRESCIBLE AND
CHEMICAL WASTE LANDFILLS
143
144
Section 811.302
Facility
Location
145
146
a)
No part ofa
unit i~~yshal4
be located within a setback zone established pursuant
147
to Section
14.2 or 14.3 ofthe Act;
148
149
b)
No part ofa unit p~yshal4
be located within the recharge zone or within 366
150
meters (1200 feet), vertically or horizontally,
ofa sole-source aquifer designated
151
by the United States Environmental Protection Agency pursuant to Section
152
1424(e) of the Safe Drinking Water Act (42 .USCU.S.C. 300fet seq.)~
unless there
153
is a stratum betweenthe bottom of the waste disposal unit and the top ofthe
154
aquifer that meets the following minimum requirements:
155
156
1)
The stratum has a minimum thickness of 15.2 meters
(50
feet);
157
158
2)
The maximum hydraulic conductivity in both the horizontal and vertical
159
directions
is no greater than
1 X
10~centimeters per second, as
160
determined by in situ borehole or equivalent tests;
161
162
3)
There is no indication ofcontinuous sand or silt seams, faults, fractures~
or
163
cracks within the stratum that may provide paths for migration;
and
164
165
4)
Age dating ofextracted
water samples from both the aquifer and the
166
stratum indicates that the time oftravel for waterpercolating downward
167
through the relatively impermeable stratum is no faster than 15.2
meters
168
(50 feet) in
100 years.
169
170
c)
A facility located within 152 meters (500 feet) ofthe right
ofway
of a township
171
or county road or state or interstate highway mustshal4 have its
operations
172
screened from view by a barrier ofnatural objects, fences, barricades, or plants no
JCAR350811-0405594r01
173
less than 2.44 meters (eights feet) in height.
174
175
d)
No part ofa unit p~yshal4be located closer than 152 meters (500 feet) from an
176
occupied dwelling, school, or hospital that was occupied on the date when the
177
operator first applied for a permit to develop the unit orthe facility containing the
178
unit, unless the owner of suchdwelling,
school, or hospital provides permission to
179
the operator, in writing, for a closer distance.
180
181
e)
The facility
yshal4 not be located closer than 1525 meters (5000 feet) of any
182
runway used by piston type aircraft or within 3050 meters (10,000 feet) ofany
183
runwayused by turbojet aircraft unless the Federal Aviation Administration
184
(FAA) provides the operator with written permission, including technical
185
justification, for a closer distance.
186
187
f)
Anowner or operatorproposing to locate anewMSWLF
unit
within a five-mile
188
radius ofany airport runway
used by turbojet or piston-type aircraft mustshal4
189
notify
the
affected airport and the Federal Aviation Administration (FAA~vithin
190
seven~
days ~~ef
filing a permit application with Agency in accordance with 35
191
Ill.
Adm. Code 813
for developing a new landfill.
192
193
BOARD
NOTE: Subsection (f)ofthis
Section is derived from 40
CFR 258.10
194
(2003), as amended at 68 Fed. Reg. 59333 (October 15. 2003)(1992).A
195
prohibition on locating a new MSWLF near certain airports was enacted in
196
Section
503 ofthe federal Wendell H. Ford Aviation Investment and Reform Act
197
for the 21st Century (Ford Act) (49 USC 44718(d)). Section
503 prohibits the
198
“construction or establishment” ofa new MSWLF after April
5,
2000 within six
199
miles ofcertain smaller public airports. FAA administers the Ford Act and has
200
issued guidance in FAA Advisory Circular 150/5200~34,dated August 26, 2000.
201
For further information, please contact the FAA.
202
203
(Source:
Amended at 28 Ill. Reg.
______,
effective
_____________
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ILLINOIS REGISTER
1
04
POLLUTION CONTROL BOARD
NOTICE OFPROPOSEDAMENDMENT
1)
Heading ofthe Part:
Solid Waste Disposal:
General Provisions
2)
Code citation:
35
Ill. Adm.
Code 810
3)
Section numbers:
Proposed Action:
810.103
Amend
4)
Statutory authority:
415
ILCS
5/7.2, 22.40, and 27
5)
A complete description ofthe subjects and issues involved:
The following briefly
describes the subjects and issues involved in this rulemaking.
A comprehensive
description is contained in the Board’s
opinion and order ofMarch 18, 2004, proposing
amendments in consolidated docket R04-5/R04-15 for public comment, which opinion
and order is available from the address below.
As
is explained in that opinion, the Board
will receive public comment
on the proposed amendments
for 45 days from the date they
appear in the
Illinois Register
before
proceeding to adopt amendments based on this
proposal.
The following briefly describes the subjects and issues involved in the larger rulemaking
ofwhich the amendments to Part 810 are a single segment.
Also affected is
35 Ill. Adm.
Code 811, which is covered by a separate notice in this issue ofthe
Illinois Register
A
comprehensive description is contained in the Board’s opinion and order ofMarch 18,
2004, proposing amendments in docket R04-5/R04-15 for public comment, which
opinion and order is available from the address below.
As is explained in that opinion,
the Board will receive public comment on the proposed amendments
for 45 days from the
date they appear in the
Illinois Register
before proceeding to adopt amendments based on
this proposal.
This proceedingwould update the IllinoisRCRA SubtitleD municipal solid waste
landfill
(MSWLF)
rules to
correspond with amendments adopted by the United States
Environmental Protection Agency (USEPA) that appeared in the
~E~ederal
Register
during
a single update period.
The docket and time period that is involved in this proceeding is
the following:
R04-5
Federal RCRA Subtitle D amendments that occurred during the
period January
1, 2003 through June 30, 2003.
R04-15
Federal RCRA Subtitle D amendments that occurred during the
period July
1, 2003 through December 31, 2003.
ILLINOIS REGISTER
2
04
POLLUTION CONTROL BOARD
NOTICE
OF PROPOSED AMENDMENT
The R04-5/R04-15 docket amends rules in Parts 810 and 811.
The following table briefly
summarizes the federal actions in the update period:
June 18, 2003
(68 Fed. Reg. 36487)
USEPA amended key definitions to allow disposal of
residential lead-based paint waste that is not hazardous
waste in a construction and demolition landfill thatdoes
not accept
other household waste.
October 15,
2003
(68 Fed. Reg.
59333)
USEPA amended the rules to add
a note referencing the
adoption of the Wendell H. Ford Aviation Investment
Act prohibiting location ofa new landfill within six miles
of certain public airports.
Specifically, the amendments to Part 810 implement segments of the federal
June 18,
2003
amendments relating to
disposal for lead-based paint waste.
Tables appear in the Board’s opinion and order ofMarch 18, 2004 in consolidated docket
R04-5/R04-15 that list numerous corrections and amendments that are not based on
current federal
amendments.
The tables contain deviations from the literal text ofthe
federal amendments underlying these amendments, as well as corrections and
clarifications that the Board made
in the base text involved.
Persons interested in the
details ofthose corrections and amendments should refer to the March 18, 2004 opinion
and order in consolidated docket R04-5/R04-15.
Section 22.40 ofthe Environmental Protection Act 415
ILCS
5/22.40
provides that
Section
5-35
ofthe Administrative Procedure Act
5
ILCS
100/5-35
does not apply to
this rulemaking.
Because this rulemaking is not subject to
Section
5-35
ofthe APA, it is
not subject to First Notice or to Second Notice review by the Joint Committee on
Administrative Rules (JCAR).
6)
Will this proposed amendment replace any emergency amendment currently in effect?
No
7)
Does this rulemaking contain an automatic repeal date?
No
8)
Does this proposed amendment contain incorporations by reference? No~
9)
Are there any other amendments pending on this Part?
No
ILLINOIS REGISTER
3
04
POLLUTION CONTROL
BOARD
NOTICE
OF PROPOSED AMENDMENT
10)
Statement ofstatewide policy objectives:
These proposed amendments
do not create or
enlarge a State mandate, as defined in Section 3(b) ofthe State~Mandates
Act.
30
ILCS
805/3(b) (2002).
11)
Time, place and manner in which interested persons may comment on this proposed
rulemaking:
The Board will accept written public comment on this proposal for a period
of45 days after the date ofthis publication.
Comments should reference consolidated
docket R04-5/R04-15 and be addressed to:
Ms. Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
State ofIllinois Center, Suite
11-500
100W. Randolph
St.
Chicago IL 60601
Please direct inquiries to the following person and
reference consolidated docket R04-
5/R04-15:
Michael J. McCambridge
Staff Attorney
Illinois Pollution Control Board
100 W. Randolph
11-500
Chicago IL
60601
Phone:
312-814-6924
E-mail:
mccambm@ipcb.state.il.us
Request copies ofthe Board’s
opinion and order at 312-814-3620, or download a copy
from the Board’s Website at http:\\w~w.ipcb.state.il.us.
12)
Initial regulatory flexibility analysis:
A)
Types of small businesses,
small municipalities, and not-for-profit corporations
affected:
This rulemaking may affect those small businesses, small
municipalities, and not-for-profit corporations that own or operate a municipal
solid waste landfill.
....,
.
B)
Reporting, bookkeeping or other procedures required for compliance:
The
existing rules and proposed amendments require extensive reporting, bookkeeping
I,
ILLINOIS REGISTER
4
04
POLLUTION CONTROL
BOARD
NOTICE OF PROPOSED AMENDMENT
and otherprocedures, including the preparation ofmanifests
and
annual
reports,
andmaintenance ofoperatingrecords.
~
~
C)
Types ofprofessional skills necessary for compliance:
Compliance with the
existing rules and proposed amendments may require the services ofan attorney,
certifiedpublic accountant, chemist,and registered professional engineer.
.
13)
Regulatoryagenda onwhich thisrulemaking
was summarized:
July~~.2003~•ánd
January.
;~
2004.~.,.,..
The full text ofthe Proposed Amendment begins on the next
page:
EXEMPT
JCAR3 5081 0-0405577r01
1
TITLE 35: ENVIRONMENTAL PROTECTION
2
SUBTITLE G:
WASTE DISPOSAL
3
CHAPTER I:
POLLUTION CONTROL BOARD
4
SUBCHAPTER
i: SOLID WASTEAND SPECIALWASTEHAULING
5
6
PART
810
7
SOLIDWASTE DISPOSAL: GENERALPROVISIONS
8
9
Section
10
810.101
Scope and
Applicability
11
810.102
Severability
12
810.103
Definitions
13
8 10.104
Incorporations by Reference
14
15
AUTHORITY:
Implementing Sections 5,21, 21.1, 22, 22.17, and 28.1
and authorized by
16
Section 27 ofthe
Environmental Protection Act 415 ILCS
5/5,
21,
21.1, 22,
22.17, 28.1
and 27.
17
18
SOURCE:
Adopted in R88-7 at 14 Ill.
Reg.
15838, effective September 18,
1990; amended in
19
R93-10 at 18
Ill. Reg.
1268,
effective January 13,
1994; amended in R90-26 at 18 Ill. Reg.
20
12457, effective August 1,
1994;
amended in R95-9 at
19 Ill. Reg.
14427, effective September
21
29,
1995; amended in R96-1
at 20 Ill. Reg.
11985, effective August 15,
1996; amended in R97-
22
20 at 21111.
Reg.
15825, effective November 25,
1997; amended in R04-5/R04-15 at 28 Ill. Reg.
23
_______,
effective
______________
24
25
Section 810.103
Definitions
26
27
Except as stated in this Section, or unless a
different meaning ofa word or term is clear from the
28
context, the definition ofwords or terms in this
Part will beshall be the same as that applied to
29
the same words or terms in the Environmental Protection Act (Act) 415
ILCS
5:
30
31
“Act” means the Environmental Protection Acts 415
ILCS
5.
32
33
“Admixtures” arechemicals added to
earth materials to improve for a specific
34
application the physical or chemical properties ofthe earth materials.
Admixtures
35
include, but
are not limited to:
lime, cement, bentonit; and sodium silicate.
36
37
“Agency” is the Environmental Protection Agency established by the
38
Environmental Protection Act.
(Section 3.08 ofthe Act)
39
40
“Applicant” means the person submitting an application to the Agency fora
41
permit for a solid waste disposal facility.
42
43
“Aquifer” means saturated (with groundwater) soils and geologic materials which
JCAR3508 10-0405577r01
44
are sufficientlypermeable to readilyyield economically useful quantities ofwater
45
to wells, springs,
or streams under ordinary hydraulicgradients
and whose
46
boundaries can be identified and
mapped
from hydrogeologic data.
(Section
3 of
47
the Illinois Groundwater Protection Act 415
ILCS
55/3;)
48
49
“Bedrock” means the
solid rock formation immediately underlying any loose
50
superficial material such as soil, alluvium~
or glacial drift.
51
52
“Beneficially usable waste” means any solid waste from the steel and foundry
53
industries that will not decompose biologically, burn, serve as food for vectors,
54
forma gas,cause an odor, or form a leachate that contains constituentswhich that
55
exceed the limits
for this type ofwaste as specified at 35
Ill.
Adm. Code 8 17.106.
56
57
“Board” is the Pollution Control Board established by theAct.
(Section 3.04 of
58
the Acte)
59
60
“Borrow area” means an area from which
earthen material
is
excavated for the
61
purpose
ofconstructing daily cover, final cover, a liner, a gas venting
system,
62
roadways~
or berms.
63
64
“Chemical waste” means a non-putrescible solid whose characteristics are such
65
that any contaminated leachate is expected to be formed through chemical or
66
physical processes, rather than biological processes, and no gas is expected to be
67
formed as
a result.
68
69
“Coal combustion power generating facilities” means establishments thatwhich
70
generate electricity by combusting coal and which utilize a lime or limestone
71
scrubber system.
72
73
“Constructionand demolition landfill” or“C&D landfill” means a solid waste
74
disposal facility subject to the requirements inSubpart~A
or B of40 CFR 257 that
75
receives construction and
demolition waste and does not receive hazardous waste
76
(defined in 35
Ill. Adm.
Code 721.103) or industrial
solid waste (defined in this
77
Section).
Only a C&D landfill that meets the requirements ofSubpart B of 40
78
CFR 257 may receive conditionally exempt small quantity generator waste
79
(defined in 35
Ill.
Adm.
Code 721.105).
A C&D landfill typically receives any
80
one or more ofthe following types of solid wastes:
roadwork material,
excavated
81
material,
demolition waste, construction and renovation waste, and
site clearance
82
waste.
83
84
“Contaminated leachate” means any leachate whose constituent violate the
85
standards of35
Ill. Adm.
Code
811.202.
86
JCAR3508 10-0405577r01
87
“Dead animal disposal site” means an on-the-farm disposal site at which the burial
88
ofdead animals is
done in accordance with the Illinois Dead Animal
Disposal.:
89
Act~
225
ILCS 610~.and regulations adopted pursuant thereto~
~8Ill. Adm. Code
90
90~.
91
92
“Design Period” means that length oftime determinedby the sum
ofthe operating
93
life ofthe
solid waste landfill facility plus the postclosure care period necessary to
94
stabilize the waste in the units.
95
96
“Disposal” means the discharge, deposit,
injection,
dumping, spilling,
leaking or
97
placing ofany solid waste into or on any land or water or into any well such that
98
solid waste or any constituent ofthe solid waste may enter the environment by
99
being emitted into the air or discharged into any waters,
including groundwater.
100
(Section 3.08 ofthe Act;)
If the solid waste is accumulated and not confined or
101
contained to prevent its
entry into the environment, or there is no certain plan for
102
its disposal elsewhere, such accumulation willshall constitute disposal.
103
104
“Disturbed areas” means those areas within a facility that have been physically
105
altered during waste disposal operations or during the construction ofany part of
106
the facility.
107
108
“Documentation” means items, in any tangible form, whether directly legible or
109
legible with the aid ofany machine or device, including but not limited to
110
affidavits, certificates,
deeds, leases, contracts or other binding agreements,
111
licenses, permits, photographs, audio or video recordings, maps, geographic
112
surveys, chemical and mathematical formulas or equations, mathematical and
113
statistical calculations and assumptions, research papers, technical reports,
114
technical designs
and
design drawings, stocks, bonds~
and financial records, that
115
are used to support
facts or hypotheses.
116
117
“Earth liners” means structures constructed from naturally occurring soil material
118
that has been compacted to
achieve a low permeability.
119
120
“Existing facility” or “Existing unit” means a facility orunit thatwhich is not
121
defined in this Section as a
new facility or a new unit.
122
123
“Existing MSWLFunit” means any municipal solid waste landfill unit that has
124
received household waste before October 9,
1993.
(Section 3.87 ofthe Act)
125
126
“Facility” means a site and all equipment and fixtures
on a site used to treat, store
127
or dispose ofsolid or special wastes.
A facility consists of an entire solid or
128
special waste treatment, storage or disposal operation. All structures used in
129
connection with or to facilitate the waste disposal operation will beshall be
JCAR3508
1 0-0405577r01
130
considered a part ofthe facility.
A facility may include, but is not limited to, one
131
ormore
solid waste disposal units, buildings, treatment systems, processing and
132
storage operations, and monitoring stations.
133
134
“Field capacity”
means that maximum moisture content of a waste, under field
135
conditions oftemperature and pressure, above which moisture
is released by
136
gravity drainage.
137
138
“Foundry sand”
means pure sand or a mixture ofsand and any additives necessary
139
for use ofthe sand in the foundry process, but does not include such foundry
140
process by-products as air pollution control dust or refractories.
141
142
“Gas collection system” means a system ofwells, trenches, pipes and other related
143
ancillary structures such as manholes, compressor housing, and monitoring
144
installations that collects and transports the gas producethn~
a putrescible waste
145
disposal unit to one or more gas processing points.
The flow of gas through such
146
a system maybe produced by naturally occurring gas pressure gradients or may
147
be aided by an induced draft generatedby mechanical means.
148
149
“Gas condensate” means the liquid formed as a landfill gas is cooled or
150
compressed.
151
152
“Gas venting system” means a system ofwells,
trenches, pipes and other related
153
structures that vents the gas produced in a putrescible waste disposal unit to the
154
atmosphere.
155
156
“Geomembranes” means manufactured membrane liners and barriers oflow
157
permeability used to control the migration offluids or gases.
158
159
“Geotextiles” are permeable manufactured materials used for purposes ti~which
160
include, but are not limited to, strengthening soil, providing a filter to prevent
161
clogging ofdrains, and collecting and draining liquids and gases beneath the
162
ground surface.
163
164
“Groundwater” means underground water which occurs within the saturated zone
165
and within geologic materials where thefluidpressure in thepore space is equal
166
to or greater than atmospheric pressure.
(Section 3 ofthe Illinois Groundwater
167
Protection
Ac1~)
168
169
“Household waste” means any solid waste (including garbage, trash, and sanitary
170
waste in septic tanks)
derivedfrom households (including single and multiple
171
residences, hotels and motels,
bunkhouses, ranger stations,
crew quarters,
172
campgrounds, picnic grounds,
and day-use recreation areas).
(Section 3.89 ofthe
JCAR3508 10-0405577r01
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
Act~
“Hydraulic barriers” means structures designed to prevent or control the seepage
ofwater.
Hydraulic barriers include, but are not limited to, cutoff walls,
slurry
walls,
grout curtains and liners.
“Inert waste” means any solid waste that will not decompose biologically, burn,
serve as food forvectors, form a gas, cause an odor, or form a contaminated
leachate,
as determinedin
accordance with 35
Ill.
Adm. Code 8 11.202(b).
Such
inert wastes ~jjjshall
include only non-biodegradable and non-putrescible solid
wastes.
Inert wastes may include, but are not limited to, bricks, masonry~
and
concrete (cured for 60
days or more).
“Iron slag” means slag.
“Land application unit” means an area where wastes are agronomically spread
over or disked into land or otherwise applied so as to become incorporated into
the soil surface.
For the purposes ofthis Part and
35 Ill.
Adm. Code 811
through
815, a land application unit is not a landfill; however,
other Parts of 35
Ill. Adm.
Code:
Chapter I may apply, and may include the permitting requirements of35
Ill. Adm. Code 309.
“Landfill” means a unit or part of a facilityin or on which waste is placed and
accumulated over time for disposal,
and which is not a land application unit, a
surface
impoundment
or an underground injection well. For the purposes ofthis
Part and 35 Ill.
Adm. Code 811 through 815,
landfills include waste piles, as
defined in this Section.
“Lateral expansion” means a horizontal expansion ofthe actual waste boundaries
ofan
existing MSWLF unit occurring on or after October 9,
1993~A
horizontal
expansion
is any area where solid waste is placedfor thefirst time directly upon
the bottom liner ofthe unit, excludingside slopes
on or after October
9,
1993.
(Section 3.88 ofthe Acf)
“Leachate” means liquid that has been or is in direct contact with a solid waste.
“Lift” means an accumulation ofwaste ~iwhich
is compacted into a unit and
over which cover is placed.
“Low risk waste” means any solid waste from the steel and foundry industries that
will not decompose biologically, burn, serve as food for vectors, form a gas, cause
an odor, or form a leachate that contains constituents that exceed the limits for
this type ofwaste as specified
at 35 Ill.
Adm. Code
8 17.106.
JCAR3 5081 0-0405577r01
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
“Malodor” means an odor caused by
one or more contaminant emissions into the
atmospherefrom afacility that is in sufficient quantities and ofsuch
characteristics and duration as to
be
described as malodorous and which may be
injurious to human, plant, or animal l~fe,to health, or to property,
or
may
unreasonably interfere with the enjoyment ofl?fe orproperty.
(Section 3.02 ofthe
Act (defining “air pollution”)~
“Municipal Solid Waste Landfill Unit” or ‘MSWLF Unit” means a contiguous
area ofland or an excavation that receives household waste,
and that is not a
land application, surface impoundment,
injection well,
or any pile of
noncontainerized accumulations ofsolid,
nonflowing waste that is usedfor
treatment orstorage.
A MSWLF unit may also receive other types ofRCRA
Subtitle D wastes, such as commercial solid waste,
nonhazardous sludge, small
quantity generator waste and industrial solid waste.
Such a landfill maybe
publicly orprivately owned or operated.
A MSWLFunit may be a new MSWLF
unit, an existing
MSWLFunit or a lateral expansion.
A sanitary landfill is
subject to regulation as a MSWLF
~f
it receives household waste.
(Section 3.85 of
the Act~
A construction and demolition landfill that receives residential lead-
based paint waste and which does not receive any other household waste is not a
MSWLF unit.
“National Pollutant Discharge Elimination System” or “NPDES” means the
program for issuing, modif~’ing,revoking and reissuing, terminating, monitoring
and enforcing permits and imposing and enforcing pretreatment requirements
under the Clean Water Act (33 .i~JSCU.S.C.1251
et seq.), Section
12(f) ofthe
Environmental Protection Act~
and-Subpart A of 35 Ill.
Adm. Code 309~.Subpart
A and 35 Ill.
Adm. Code 310.
“NPDES permit” means a permit issued under the NPDES program~
“New facility” or “New unit” means a solid waste landfill facility or a unit at a
facility, if one ormore ofthe following conditions apply:
It is a landfill or unit exempt from permit requirements pursuant to Section
21(d) ofthe Act that has not yet accepted any waste as ofSeptember
18,
1990;
It is a landfillor unit not exempt
from permit requirements pursuant to
Section 21(d) ofthe Act that has no development or operating permit
issuedby theAgency pursuant to 35 Ill. Adm. Code
807 as ofSeptember
18,
1990; or
258
JCAR3508
1 0-0405577r0 1
259
It is
a landfill with a unit whose maximum design capacity or lateral extent
260
is increased after September
18,
1990.
261
262
BOARD NOTE:
A new unit located in an existing facility will beshall be
263
considered a unit subject to 35 Ill. Adm.
Code 814, which references applicable
264
requirements of35
Ill. Adm. Code811.
265
266
“New MSWLF Unit” means any municzpal solid waste landfill unit that has
267
received household waste on or after October 9,
1993for thefirst time.
(Section
268
3.86oftheAct)
269
270
“One hundred-year(1QO) yearflood plain” means
any land area thatwhich
is
271
subject to a onepercent or greater chanceofflooding in
a given year from any
272
source.
273
274
“One hundred-year(1O.0)
year~.24-hour24
hour precipitation event”
means a
275
precipitation event of a 24-hour24 hour durationwith a probable recurrence
276
interval ofonce in
100 years.
277
278
“Operator” means the person responsible for the operation and
maintenance of a
279
solid waste disposal
facility.
280
281
“Owner” means a person who has an interest, directly or indirectly, in land,
282
including a leasehold interest, on which a person operates and maintains a solid
283
waste disposal facility.
The “owner” is the “operator” if there is no other person
284
who is
operating and maintaining a solid waste disposal facility.
285
286
“Perched watertable~’!~means
an elevated watertable above a discontinuous
287
saturated lens, resting on a low permeability (such as clay) layer within a high
288
permeability (such as sand) formation.
289
290
“Permit area” means the entire horizontal and vertical region occupied by a
291
permitted solid waste disposal facility.
292
293
“Person” is any individual, partnershzp,
co-partnershzp,firm,
company,
294
corporation, association,joint stockcompany,
trust,
estate, political subdivision,
295
State agency, or any other legal entity, or their legal representative, agent or
296
assigns.
(Section 3.26 ofthe Acts)
297
298
“Potentially
usable waste” means any solid waste from the steel and foundry
299
industries that will not decompose biologically, burn, serve as food for vectors,
300
form a gas, cause an odor, or form a leachate that contains constituents that
301
exceed the limits for this typeof waste as specified at 35 Ill. Adm. Code 817.106.
JCAR3 5081 0-0405577r01
302
303
“Poz-O-Tec materials” means materials produced by a stabilization process
304
patented by Conversion Systems, Inc. utilizing flue gas desulfurization (FGD)
305
sludges and ash produced by coal combustion power generation facilities as raw
306
materials.
307
308
“Poz-O-Tec monofill” means a landfill in which
solelyPoz-O-Tec materials are
309
placed for disposal.
310
311
“Professional engineer” means a person who has registered and
obtained a seal
312
pursuant to the”The Illinois Professional Engineering Practice Act of 19891! 225
313
ILCS 325.
314
315
“Professional land surveyor”
means a person who has received a certificate of
316
registration and a seal pursuant to the Illinois Professional Land Surveyor~Act
of
317
1989
225
ILCS 330.
318
319
“Putrescible waste” means a solid waste that contains organic matter capable of
320
being decomposed by microorganisms so as to
cause a malodor, gases, or other
321
offensive conditions, orwhich is capable ofproviding food forbirds and vectors.
322
Putrescible wastes may form a contaminated leachate from microbiological
323
degradation, chemical processes,
and
physical processes. Putrescible waste
324
includes, but is not limited to,
garbage, offal, dead animals, general household
325
waste, and commercialwaste.
All solid wastes thatwhich do not meet the
326
defmitiondeflnition~of
inert or chemical wastes will beshall be considered
327
putrescible wastes.
328
329
“Publicly owned treatment works” or “POTW” means a treatment works that
is
330
owned by the State ofIllinois
or a unit oflocal government.
This definition
331
includes any devices and systems used in the storage, treatment, recycling2 and
332
reclamation ofmunicipal sewage or industrial wastewater.
It also
includes
333
sewers, pipes2 and other conveyances only
if theyconvey wastewaterto aPOTW
334
treatment plant.
The term also means the unit oflocal government
which has
335
jurisdiction over the indirect discharges to and the discharges from such a
336
treatment works.
337
338
“Recharge zone” means an area through which water can enter an aquifer.
339
340
“Residential lead-based paint waste” means waste containing lead-based paint
341
that is generated as a result ofactivities such as abatement, rehabilitation,
342
renovation, and remodeling in homes and other residences.
The term residential
343
lead-based paint waste includes, but is not limited to, lead-based paint debris,
344
chips, dust, and
sludges.
JCAR3508 10-0405577r01
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
“Resource Conservation and Recovery Act”
or
“RCRA” means the Resource
Conservation and Recovery Act of 1976
(P.L.
94-580 Codified as 42 USC.
§6901
et seq.)
as amended.
(Section 3.90 ofthe
Act~)
“Responsible charge,” when used to refer to a person, means that the person is
normally present at a waste disposal site; directs the day-to-day overall operation
at the site;
and either is the owner or operator or is employed by or under contract
with the owner or operator to
assure that the day-to-dayoperations at the site are
carried out in compliance with
any Part of35 Ill. Adm. Code:
Chapter I
governing operations at waste disposal sites.
“Runoff’ means water resulting from precipitation that flows overland before it
enters a defined stream channel, anyportionofsuch overland
flow that infiltrates
into the ground before it reaches the stream channel, and any precipitationthat
falls directly into a stream channel.
“Salvaging” means the return ofwaste materials to use, under the supervision of
the landfill operator, so long as the activity
is confined to an arearemote from the
operating face ofthe landfill, it does not interfere with or otherwise delay the
operations ofthe landfill, and it results in the removal of all materials for
salvaging from the landfill site daily or separates them by type and stores them in
a manner that does not create a nuisance, harbor vectors2 or cause an unsightly
appearance.
“Scavenging” means the removal ofmaterials from a solid waste management
facility or unit ~~which
is not salvaging.
“Seismic Slope SafetyFactor” means the ratio between the resisting forces or
moments in a slope and the driving forces or moments that may cause a massive
slope failure during an earthquake or other seismic event such as an explosion.
“Settlement” means subsidence caused by waste loading, changes
in groundwater
level, chemical changes within the soil2 and adjacent operations involving
excavation.
“Shredding” means the mechanical reduction in particle sizes ofsolid waste.
Putrescible waste is considered shredded if 90 percent ofthe waste by dry weight
passes a three-inch3 inch sieve.
“Significant Modification” means a modification to an approvedpermit issued by
the Agency in accordance with Section 39 ofthe Act and 35
Ill. Adm.
Code 813
that is required when one or more ofthe following changes (considered
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
JCAR3 5081 0-0405577r01
significant when that change is measured by one or more parameters whose
values lie outside the expected operating range of values as specified in the
permit) are planned, occur2 or will occur:
An increase in the capacity ofthe waste disposal unit over the permitted
capacity;
Any change in
the placement ofdaily, intermediate2 or final cover;
A decrease in performance, efficiency2 or longevity ofthe liner system;
A decrease in efficiency or performance ofthe leachate collection system;
A change in configuration, performance, or efficiency ofthe leachate
management system;
A change in the final disposition oftreated effluent or in the quality ofthe
discharge from the leachate treatment orpretreatment system;
Installation ofa gas management system~
or a decrease in the efficiency or
performance ofan existing gas management system;
A change in the performance or operation ofthe surface water control
system;
A decrease in the quality or quantity ofdata from any environmental
monitoring system;
A change in the applicable background concentrations or the maximum
allowable predicted concentrations;
A change in the design or configuration ofthe regraded area after
development or after final closure;
A change in the amount or type ofpostclosure financial assurance;
Any change in the permit boundary;
A change in the postclosure landuse
of the property;
A remedial action
necessary to protect groundwater;
Transfer ofthe permit to a new operator;
JCAR3508 1 0-0405577r01
431
432
Operating authorization is being sought to place into service a structure
433
constructedpursuant to a construction quality assuranceprogram; or
434
435
A change in any requirement set forth as a special condition in the permit.
436
437
“Slag” means the fused agglomerate
iwhieh separates in the iron and steel
438
production and floats
on the surface ofthe molten metal.
439
440
“Sole source aquifer” means those
aquifers designated pursuant to Section
441
1424(e) ofthe Safe Drinking Water Act of 1974~(42 ~JSGU.S.C300h-3).
442
443
“Solid Waste”
means a waste that is defined in this Section as an inert waste, as a
444
putrescible waste,
as a chemical waste or as a special waste,
and which is not also
445
defined as a hazardous waste pursuant to 35
Ill. Adm.
Code 721.
446
447
“Special waste” means any industrialprocess waste, pollution control waste or
448
hazardous waste,
except as determinedpursuant to Section 22.9 ofthe Act
and
35
449
Ill. Adm. Code
808.
(Section 3.45 ofthe Acts)
450
451
“Static Safety Factor” means the ratio between resisting forces or moments in a
452
slope and the driving forces or moments thatmay cause a
massive slope failure.
453
454
“Steel
slag” means slag.
455
456
“Surface impoundment” means a natural topographic depression, a man-made
457
excavation, or a diked area into which flowing wastes, such as liquid wastes or
458
wastes containing free liquids, are placed. For the purposes ofthis
Part and 35 Ill.
459
Adm. Code 811 through 815, a surface impoundment is not a landfill.
Other Parts
460
of35
Ill. Adm. Code:
Chapter I may apply, including the permitting requirements
461
of35 Ill. Adm.
Code 309.
462
463
“Twenty-five.-~.èa±(25)
year, 24-hour24 hour precipitation event” means a
464
precipitation event of24-hour24 hour duration with a probable recurrence interval
465
of once in 25 years.
466
467
“Uppermost aquifer” means the first geologic formation above and below the
468
bottom elevation of a constructed liner orwastes, where no liner is present,
469
thatwhich is an aquifer, and includes any lower aquifer that is hydraulically
470
connectedwith this aquifer within the facility’s permit area.
471
472
“Unit” means a contiguous area used for solid waste disposal.
473
JCAR3 508 10-0405577r01
474
“Unit oflocal
government” means a unit oflocal government, as defined by
475
Article 7, Section
1
of
the Illinois Constitution.
A unit oflocal government may
476
include, but is not limited to, a municipality, a county, or a sanitary district.
477
478
“Waste pile” means an area on which noncontainerized~masses
of solid,
479
nonflowing wastes are placed for disposal.
For the purposes of this Part and
35
480
Ill. Adm.
Code 811
through 815, a waste pile
is
a landfill, unless the operator can
481
demonstrate that the wastes are not accumulated over time for disposal.
At a
482
minimum, such demonstration mustshall include photographs, records2 or other
483
observable or discernable information, maintained on a yearly basis, that
show
484
that within the preceding year the waste has beenremoved for utilization or
485
disposal elsewhere.
486
487
“Waste
stabilization” means any chemical, physical2 or thermal treatment of
488
waste,
either alone or in combination with biological processes, thatwhich results
489
in a reduction ofmicroorganisms, including viruses, and the potential for
490
putrefaction.
491
492
“Working face” means any part ofa landfill where waste is being disposed of.
493
494
“Zone ofattenuation” meansis the three dimensional region formed by excluding
495
the volume occupied by the waste placement from the smaller ofthe volumes
496
resulting from vertical planes drawn to the bottom ofthe uppermost aquifer at the
497
property boundary or 100 feet from the edge ofone or more adjacent units.
498
499
(Source: Amended at 28
Ill. Reg.
_______,
effective
_____________
