R989op2n.PDF

ILLINOIS POLLUTION CONTROL BOARD

May 21, 1998

IN THE MATTER OF:

MUNICIPAL SOLID WASTE LANDFILL

(MSWLF) RULES: AMENDMENTS TO 35

ILL. ADM. CODE 811, 813, and 848

)

R98-9

(Rulemaking - Land)

Proposed Rule. Second 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. On March 25, 1998, a hearing was held pursuant to Public

Act 90-489, which became effective on January 1, 1998. Public Act 90-489 requires the

Board to request the Department of Commerce and Community Affairs (DCCA) to conduct an

economic impact study (EcIS) on certain proposed rules prior to adoption of those rules. If

DCCA chooses to conduct the EcIS, DCCA has 30 to 45 days after such request to produce a

study of the economic impact of the proposed rules. The Board must then make the EcIS, or

DCCA’s explanation for not conducting the study, available to the public at least 20 days

before a public hearing on the economic impact of the proposed rules. DCCA chooses not to

conduct an EcIS on this matter. No testimony was presented at the EcIS hearing.

The Board has received three public comments in this proceeding: one comment from

the Agency; a comment from the Joint Committee on Administrative Rules (JCAR); and a

comment from Browning Ferris Industries (BFI).

Today, the Board sends this proposal to second notice pursuant to the Illinois

Administrative Procedure Act (5 ILCS 100/1-1

et seq

. 1996). The Board has made only non-

substantive changes since first notice. Based on the three hearings and the public comments

received, the Board finds that proceeding to second notice with the proposal is warranted.

SUMMARY OF THE RULE

In general the purpose of the changes proposed at first notice are to ease requirements

which drive up costs without a commensurate environmental benefit. Reasons at 2.

Also, the

rule will eliminate or modify certain requirements that are no longer technically reasonable.

Reasons at 2-3. These purposes must be served while ensuring uniformity among the Board’s

solid waste regulations and while maintaining consistency with the federal Resource

Conservation and Recovery Act (RCRA) Subtitle D program. Reasons at 3.

The proponents were motivated by cost considerations in bringing the proposal to the

Board. Reasons at 3. However, the proponents do not believe that the amendments represent

a relaxation of requirements so much as a refinement of requirements. Reasons at 3.

Section 811.309(d)

In this section, the rulemaking deletes a reference to “extreme precipitation conditions”

and adds a new subsection (d)(6). Section 811.309(d)(6) is added to clarify that the five-day

minimum leachate storage capacity requirement can be achieved by a combination of relevant

options. A specific standard to govern the design of leachate management alternatives is

proposed.

Section 811.309(g)(1)

The rule amends the requirements for sampling leachate by changing the current

quarterly monitoring throughout the operating life of the leachate management system. The

rule proposes to require monitoring on a quarterly basis until the operator can obtain eight

quarters of data from each monitoring location. After that point, leachate monitoring would

occur at these points on a semi-annual basis unless the Agency determines additional sampling

and testing is necessary. This change will focus on each monitoring location rather than the

waste unit as a whole. Therefore, the rule will also limit the number of constituents tested for,

to those chosen in accordance with 35 Ill. Adm. Code 811.319(a)(2)(B) and used by the

operator for groundwater monitoring.

Section 811.310(d)(1)

The rule eliminates the requirement to monitor separately for nitrogen. The proponents

have convinced the Board that monitoring separately for nitrogen is unnecessary as the amount

of nitrogen can be inferred using a mass balance test. Reasons at 7.

Section 811.312(g)

The rule amends the permit requirements for off-site gas processing facilities which

process 50% or more of the gas from a landfill. The amendment will exempt a facility which

is already permitted under the Act and Board regulations from any additional permitting

requirements.

Section 811.319(g)(a)(A)

The statement of reasons included with the proposal will be cited as “Reasons at __.”

The rule proposes amending the quarterly monitoring frequency of the groundwater

monitoring wells to semi-annual monitoring under certain conditions. Quarterly monitoring

would occur for a five-year minimum period to establish baseline information for each

monitoring point and to assertion whether quarterly monitoring should continue. Quarterly

monitoring would discontinue only upon an affirmative demonstration by the owner/operator

that continued quarterly monitoring was not warranted. The owner/operator would make such

a demonstration by either a certification described in 35 Ill. Adm. Code 813.304(b) or by a

separate showing that:

monitoring effectiveness has not been compromised;

sufficient quarterly data has been obtained to characterize groundwater;

leachate from the monitored unit does not constitute a groundwater threat.

Section 811.319(a)(4)

This subsection governs confirmation of monitored events and to ensure consistency

with the changes to 811.319(a)(1) “quarters” is changed to “monitoring events” in the

rulemaking.

Section 811.319(b)(1)

This provision is reworded to make clear that assessment of groundwater always

consists of monitoring for additional constituents and may include additional investigative

techniques that will assist in determining the source, nature, and extent of contamination. The

Agency in its oversight role can assure that any measures required to do the job are included in

the assessment alternatives.

Section 811.319(b)(5)(A)

This subsection as currently worded appears to require sampling for all 212 constituents

listed at 40 CFR 258, Appendix II. However, subsection (b)(5)(E) allows for sampling of

constituents actually present or reasonably expected to be present in the leachate. Therefore,

subsection (b)(5)(A) is amended to specifically allow for a more focused sampling of

constituents.

Section 811.321(b)(3)

The amendment to this provision allows an owner/operator to use temporary material

other than waste to protect an earthen liner from freezing. The rule as currently written only

allows waste to be used as a protective layer and if there is not enough trash available

alternatives are necessary.

Section 811.321(b)(4)

The rule as previously adopted required that waste not be deposited over an area that

had been subject to freezing until the liner has been inspected and tested. The rule previously

did not specify who was to inspect or test the liner. The amendment in this proceeding

replaces the inspection/tested requirement with a requirement for recertification by the

applicable construction quality assurance officer pursuant to 35 Ill. Adm. Code 811.502.

Section 813.103(d)

This section is being amended to clarify that a modification to a permit which is

submitted within 30 days of the Agency’s decision deadline on the permit will extend the

deadline for the Agency’s decision by 30 days. The Agency will notify the applicant within 30

days of the receipt of the modification if the Agency believes the modification is significant.

Section 813.501

The only provision which remains in this section is that an operator file a certificate

that the Quarterly Solid Waste Summary and fees have been submitted. The remainder of the

section is stricken, although most of the provisions have been moved to new Section 813.504.

Section 813.502

This section is being amended for consistency with 35 Ill. Adm. Code 811.319

regarding monitoring reports and to add a Section allowing the Agency to require preparation

of monitoring data in graphical form.

Section 813.503

Changes have been made to this section to assure consistency with the changes in

Sections 813.501, 813.502 and 813.504.

Section 813.504

This is a new section which creates a new annual report requirement which replaces the

provisions struck from Section 813.501.

Part 848

Part 848 is being amended to include changes to the Act adopted in P.A. 89-200.

DISCUSSION

As indicated above there have been only three public comments in this proceeding and

only two comments after the first notice began. One comment was from JCAR requesting

non-substantive changes in the rule which the Board has agreed to. The second comment was

filed by BFI and the comment supports the rule as proposed at first notice.

The Board received no other comments and no additional testimony was heard at the

hearing held after commencement of first notice. No economic impact study was performed.

Therefore, the Board will proceed to second notice with this rulemaking. The Board has made

only the changes recommended by JCAR and a few non-substantive changes to correct

typographical errors and to ensure compliance with codification requirements. Based on this

record, the Board finds that proceeding to second notice is warranted.

ORDER

The Board directs the Clerk to cause the filing of the following proposal for Second

Notice with the Joint Committee on Administrative Rules:

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

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

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

811.716

Local Government Financial Test

811.717

Local Government Guarantee

811.718

Discounting

811.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

811.Appendix B

Section-by-Section correlation Correlation between Between the Standards

of the RCRA Subtitle D Requirements of the Federal MSWLF Regulations

at 40 CFR 258 and the Board’s nonhazardous waste landfill

regulationsRequirements of Parts 810 through 814.

AUTHORITY: Implementing Sections 5, 21, 21.1, 22, 22.17 and 28.1 and authorized by Section

27 of the Environmental Protection Act [415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1, and 27].

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 R96-1 at 20 Ill. Reg. 12000, effective August

15, 1996; amended in R97-20 at 21 Ill. Reg.15831, effective November 25, 1997

; amended in

R98-9 at

Ill. Reg.

, effective _____________________.

NOTE: Capitalization indicates statutory language.

SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

Section 811.309 Leachate Treatment and Disposal Systems

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.

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.

Standards for Onsite Treatment and Pretreatment

All onsite treatment or pretreatment systems shall be considered part of

the facility.

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.

The onsite treatment or pretreatment system shall be designed to function

for the entire design period.

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.

All treated effluent discharged to waters of the State shall meet the

requirements of 35 Ill. Adm. Code 309.

The treatment system shall be operated by an operator certified under the

requirements of 35 Ill. Adm. Code 312.

Standards for Leachate Storage Systems

Except as otherwise provided in subsection (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.

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.

Leachate storage systems shall be fabricated from material compatible

with the leachate expected to be generated and resistant to temperature

extremes.

The leachate storage system shall not cause or contribute to a malodor.

The leachate drainage and collection system shall not be used for the

purpose of storing leachate.

A facility may have less than five days' worth of storage capacity for

accumulated leachate as required by subsection (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 subsection (b) of this

Section 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.

Standards for Discharge to an Offsite Treatment Works

Leachate may be discharged to an offsite treatment works that meets the

following requirements:

All discharges of effluent from the treatment works shall meet the

requirements of 35 Ill. Adm. Code 309.

The treatment systems shall be operated by an operator certified

under the requirements of 35 Ill. Adm. Code 312.

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.

The operator is responsible for securing permission from the offsite

treatment works for authority to discharge to the treatment works.

All discharges to a treatment works shall meet the requirements of 35 Ill.

Adm. Code 310.

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.

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).

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).

Standards for Leachate Recycling Systems

Leachate recycling systems may be utilized only at permitted waste

disposal units that meet the following requirements:

The unit must have a liner designed, constructed and maintained

to meet the minimum standards of Section 811.306.

The unit must have a leachate collection system in place and

operating in accordance with Section 811.307.

A gas management system, equipped with a mechanical device

such as a compressor to withdraw gas, must be implemented to

control odors and prevent migration of methane in accordance

with Section 811.311.

The topography must be such that any accidental leachate runoff

can be controlled by ditches, berms or other equivalent control

means.

Leachate shall not be recycled during precipitation events or in volumes

large enough to cause runoff or surface seeps.

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.

The leachate storage and distribution system shall be designed to avoid

exposure of leachate to air unless aeration or functionally equivalent

devices are utilized.

The distribution system shall be designed to allow leachate to be evenly

distributed beneath the surface over the recycle area.

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.

Daily and intermediate cover shall slope away from the perimeter of the

site to minimize surface discharges.

Leachate Monitoring

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 Sections 811.312, 811.317, 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.

Discharges of leachate from units that dispose of putrescible wastes shall

be tested for the following constituents prior to treatment or

pretreatment:

Five day biochemical oxygen demand (BOD5);

Chemical oxygen demand;

Total Suspended Solids;

Total Iron;

pH;

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

All of the indicator constituents chosen in accordance with

Section35 Ill. Adm. Code 811.319(a)(2)(B) and used by the

operator for groundwater monitoring.

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:

pH;

Total Dissolved Solids;

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

All of the indicator constituents chosen in accordance with

Section35 Ill. Adm. Code 811.319(a)(2)(B) and used by the

operator for groundwater monitoring.

Time of Operation of the Leachate Management System

The operator shall collect and dispose of leachate for a minimum of five

years after closure and thereafter until treatment is no longer necessary.

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.

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.

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.

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:

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

This Section applies to all units that dispose putrescible wastes.

Location and Design of Monitoring Wells

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.

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.

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.

Gas monitoring devices shall be constructed from materials that will not

react with or be corroded by the landfill gas.

Gas monitoring devices shall be designed and constructed to measure

pressure and allow collection of a representative sample of gas.

Gas monitoring devices shall be constructed and maintained to minimize

gas leakage.

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.

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.

Monitoring Frequency

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.

After a minimum of five years after closure, monitoring frequency may be

reduced to quarterly sampling intervals.

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.

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); 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 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:

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

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).

The operator shall include in the permit, a list of air toxics to be monitored

in accordance with subsection (d). The Agency shall determine the

monitoring frequency of the listed compounds based upon their emission

rates and ambient levels in the atmosphere.

56)

The Agency may reduce the gas monitoring period at an MSWLF unit

upon a demonstration by the owner or operator that the reduced period is

sufficient to protect human health and environment.

67)

The owner or operator of an 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:

Ai)

Inspection and maintenance (Section 811.111);

Bii)

Leachate collection (Section 811.309);

Ciii)

Gas monitoring (Section 811.310); and

Div) Groundwater monitoring (Section 811.319).

BOARD NOTE: Changes to subsections (c) are derived from 40 CFR 258.61 (1996).

Parameters to be Monitored

All below ground monitoring devices shall be monitored for the following

parameters at each sampling interval:

Methane;

Pressure;

Nitrogen;

CD)

Oxygen; and

DE)

Carbon dioxide; and.

Any compound on the list of air toxics, adopted by the Board

pursuant to Section 9.5 of the Act, which is expected to be

produced in the landfill unit.

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.

All buildings within a facility shall be monitored for methane by utilizing

continuous detection devices located at likely points where methane might

enter the building.

Any alternative frequencies for the monitoring requirement of subsection (c) for

any owner or operator of an MSWLF that disposes of 20 tons of municipal solid

waste per day or less, based on an annual average, must be established by an

adjusted standard pursuant to Section 28.1 of the Act and 35 Ill. Adm. Code 106.

Any alternative monitoring frequencies established under this subsection (e) will:

Consider the unique characteristics of small communities;

Take into account climatic and hydrogeologic conditions; and

Be protective of human health and the environment.

BOARD NOTE: Subsection (d) is derived from 40 CFR 258.23(e), as

added at 62 Fed. Reg. 40707 (July 29, 1997).

(Source: Amended at

Ill. Reg.

, effective _____________________.)

Section 811.312 Landfill Gas Processing and Disposal System

The processing of landfill gas for use is strongly encouraged but is not required.

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.

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.

Representative flow rate measurements shall be made of gas flow into treatment

or combustion devices.

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.

Standards for Onsite Combustion of Landfill Gas Using Devices Other Than

Flares

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

analysis and potential for being emitted into the air after treatment or

combustion.

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:

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.);

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;

Volatile Organic Compounds;

Constituents present in the landfill gas; and

Combustion byproducts expected to be emitted from the

combustion or treatment device.

Landfill gas may be transported offsite to a gas processing facility in accordance

with the following requirements:

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).

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.

The gas processing facility isshall be sized to handle the expected

volume of gas.

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

Detection Monitoring Program

Any use of the term maximum allowable predicted concentration in this Section

is a reference to Section35 Ill. Adm. Code 811.318(c). The operator shall

implement a detection monitoring program in accordance with the following

requirements:

Monitoring Schedule and Frequency

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

exceeded the applicable standard at the compliance boundary as

defined in 35 Ill. Adm. Code 814.402(b)(3).

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.

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.

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:

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.

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.

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:

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).

Criteria for Choosing Constituents to be Monitored

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:

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.

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.

Organic Chemicals Monitoring

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:

The analysis shall be at least as comprehensive and sensitive as

the tests for;

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.

At least once every two years, the operator shall monitor each

well in accordance with subsection (a)(1)(A).

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).

Confirmation of Monitored Increase

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:

The concentration of any constituent monitored in

accordance with subsection (a)(1) and (a)(2) shows a

progressive increase over four consecutive

quartersmonitoring events;

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.

The confirmation procedures shall include the following:

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 Sectionsubsection

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.

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:

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

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:

More frequent sampling of the wells in which the observation

occurred;

More frequent sampling of any surrounding wells; and

The placement of additional monitoring wells to determine the

source and extent of the contamination.;

Monitoring of additional constituents that might indicate the

source and extent of contamination; and

Any other investigative techniques that will assist in determining

the nature and extent of the contamination.

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.

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).

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

conduct a groundwater impact assessment in accordance with the

requirements of subsection (c).

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:

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).

Within 14 days of obtaining the results of sampling required

under subsection (b)(5)(A), the owner or operator shall:

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).

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).

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).

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).

Within 14 days of finding an exceedance above the applicable

groundwater quality standards in accordance with subsection

(b)(3), the owner or operator shall:

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).

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).

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:

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

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.

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.

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:

the groudwater impact assessment, performed in accordance with

subsection (c), indicates that remedial action is needed; or

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).

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;

The operator shall implement the plan for remedial action program

within 90 days of the following:

Completion of the groundwater impact that requires remedial

action;

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

Agency approval of the remedial action plan, where the facility

has been permitted by the Agency.

The remedial action program shall consist of one or a combination of

one of more of the following solutions:

Retrofit additional groundwater protective measures within the

unit;

Construct an additional hydraulic barrier, such as a cutoff wall or

slurry wall system

Pump and treat the contaminated groundwater; or

Any other equivalent technique which will prevent further

contamination of groundwater.

Termination of the Remedial Action Program

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.

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

Phasing of Operations

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.

The operator may dispose of wastes in areas other than those specified in

subsection (a)(1) only under any of the following conditions:

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;

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

When groundwater monitoring wells, constructed in accordance

with the requirements of Section 811.319, are placed 50 feet, or

less, downgradient from the filled portions of the unit.

Initial Waste Placement

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.

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.

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.

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

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

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 [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.

SUBPART A: GENERAL PROCEDURES

Section 813.103 Agency Decision Deadlines

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:

NOTICE AND OPPORTUNITY FOR PUBLIC HEARING ARE

REQUIRED BY STATE OR FEDERAL LAW OR REGULATION, OR

THE APPLICATION WHICH WAS FILED IS FOR ANY PERMIT TO

DEVELOP A LANDFILL. (Section 39 of the Act)

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.

The applicant may waive the right to a final decision in writing prior to the

applicable deadline in subsection (a).

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 after 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.

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: CERTIFICATION AND REPORTS TO BE FILED WITH THE AGENCY

Section 813.501 Annual Certification Reports

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:.

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

Agency Review of the Report

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.

If the Agency fails to respond within the required time period then the

report shall be considered acceptable.

The operator shall return the additional information to the Agency within

45 days of receipt of the request for additional information.

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.

All applicable fees required by the Act have been paid in full.

All annual reports shall contain the following information:

A waste volume summary which includes:

Total volume of solid waste accepted at the facility in cubic meter

(cubic yards) as measured at the gate;

Remaining solid waste capacity in each unit in cubic meter (cubic

yards) as measured at the gate; and

A copy of all identification reports required under 35 Ill. Adm.

Code 811.404.

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:

Graphical results of monitoring efforts;

Statistical summaries and analysis of trends;

Changes to the monitoring program; and

Discussion of error analysis, detection limits, and observed

trends.

Proposed activities for the year

Amount of Waste expected in the next year;

Structures to be built within the next year; and

New monitoring stations to be installed within the next year.

Any modification or significant modification affecting the operation of a

facility shall be included.

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

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.

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 after 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

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:

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:

Summary of monitoring data for the calendar year;

Dates of submittal of comprehensive monitoring data to the Agency

during the calendar year;

Statistical summaries and analysis of trends;

Changes to the monitoring program; and

Discussion of error analysis, detection limits, and observed trends.

Proposed activities for the year:

Amount of waste expected in the next year;

Structures to be built within the next year; and

New monitoring stations to be installed within the next year.

Any modification or significant modification affecting the operation of a

facility.

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

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

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 [415 ILCS 5/55.2 and 27].

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

defined shall have the meanings otherwise set forth in the Act and regulations adopted

thereunder.

"Act" means the Illinois Environmental Protection Act (415 ILCS 5/1

et.seq.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)

"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

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.

"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 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 21st day of May 1998 by a vote of 7-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board