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ILLINOIS POLLUTION CONTROL BOARD

January 6, 2005

Proposed Rule. Proposal for Public Comment.

PROPOSED OPINION AND ORDER OF THE BOARD (by G.T. Girard):

This identical-in-substance rulemaking would update the Illinois municipal solid waste landfill (MSWLF) regulations to incorporate revisions to the federal regulations. The federal amendments that prompted this action were made by the United States Environmental Protection Agency (USEPA) during the update period of January 1, 2004 through June 30, 2004.

This proceeding proposes amendments to 35 Ill. Adm. Code 810, 811, and 813. The principal amendments relate to the issuance of temporary research, development, and demonstration (RD&D) permits. Specifically, the RD&D permits would allow exceptions to very limited landfill requirements to allow the use of innovative technologies at landfills. The Board’s proposal is based on the suggestions made by the Illinois Environmental Protection Agency (Agency) in the Agency’s September 2, 2004 public comments. This proposal for public comment would also make a limited number of non-substantive corrections and stylistic revisions to segments of the text covered by the federal amendments.

Sections 7.2 and 22.40(a) of the Environmental Protection Act (Act) (415 ILCS 5/7.2 and 22.40(a) (2002)) require the Board to adopt amendments to the Illinois regulations that are “identical-in-substance” to MSWLF adopted by the United States Environmental Protection Agency (USEPA). These USEPA rules implement Subtitle D of the Resource Conservation and Recovery Act of 1976, 42 U.S.C §§ 6941-6949 (2003), (RCRA Subtitle D).

Sections 7.2 and 22.40(a) of the Act provides for quick adoption of regulations that are “identical-in-substance” to federal regulations that USEPA adopts to implement Sections 4004 and 4010 of RCRA, 42 U.S.C. §§ 6944 and 6949a (2003). Section 22.40(a) of the Act also provides that Title VII of the Act and Section 5 of the Administrative Procedure Act (APA) (5 ILCS 100/5-35 & 5-40 (2002)) do not apply to the Board’s adoption of identical-in-substance regulations. The federal RCRA Subtitle D MSWLF regulations are found at 40 C.F.R. 258.

The Board will cause the proposed amendments to be published in the Illinois Register and will hold the docket open to receive public comments for 45 days after the date of publication. The Board presently expects to adopt final rules based on this proposal for public comment by March 2005.

FEDERAL ACTIONS CONSIDERED IN THIS RULEMAKING

USEPA amended the federal RCRA Subtitle D MSWLF regulations once during the January 1, 2004 through June 30, 2004 period of docket R05-1. That single action is summarized as follows:

69 Fed. Reg. 13242 (March 22, 2004)

USEPA amended the federal rules to allow states to grant research, development, and demonstration permits.

The Board is proposing to amend the Illinois regulations to incorporate the single set of federal amendments relating to RD&D permits.

PUBLIC COMMENTS

The Board will receive public comments on this proposal for a period of 45 days following publication of the necessary notices in the Illinois Register. After that time, the Board will immediately consider adoption of the amendments, making any necessary changes made evident through the public comments. The Board will file any adopted rules with the Secretary of State immediately after adoption, so they may become effective as soon as possible. The complete text of the proposed amendments appears in the order segment of this opinion and order.

Prior to adoption of this proposal for public comment, the Board had received one public comment from the Agency, as follows:

In PC 1, the Agency suggested incorporation of the March 22, 2004 federal RD&D permit amendments into Part 813, the procedural segment of the Illinois landfill regulations, including necessary ancillary amendments to the general requirements of Part 810 and the substantive provisions of Part 811. The Agency provided the Board with suggested text for the amendments.

The Agency comments have been instrumental in development of the proposal for public comment adopted today. Consideration of the Agency comments is included in the substantive discussion of the amendments that begins on page 5 of this opinion.

TIMETABLE FOR COMPLETION OF THIS RULEMAKING

Under Section 7.2 of the Act (415 ILCS 5/7.2(b) (2002)), the Board must complete this rulemaking within one year of the date of the earliest set of federal amendments considered in this docket. USEPA adopted the federal amendments that required Board attention on March 22, 2004, so that the deadline for Board adoption of these amendments is March 22, 2005. The Board scheduled adoption of this proposal for public comment for the Board meeting of January 6, 2005, to allow for timely adoption of the rule around March 17, 2005. This will allow filing of these amendments before the March 22, 2005 deadline.

Considering the proposal of these amendments on this date, the Board projects the following will occur in the progress towards completion of these amendments:

DISCUSSION

The following discussion begins with a description of the types of deviations the Board makes from the literal text of federal regulations in adopting identical-in-substance rules. It is followed by a discussion of the amendments and actions undertaken in direct response to the federal actions involved in this proceeding. This first series of discussions is organized by federal subject matter, generally appearing in chronological order of the relevant Federal Register notices involved. Finally, this discussion closes with a description of the amendments and actions that are not directly derived from the federal actions.

Research, Development, and Demonstration Permits--Sections 810.103, 811.103, 811.107, 811.314, Appendix A to Part 811, and 813.112

The USEPA action of March 22, 2004 (69 Fed. Reg. 13242) related to the use of research, development, and demonstration (RD&D) permits to allow the use of innovative technology and practices at municipal solid waste landfills (MSWLFs). USEPA adopted a new provision at 40 C.F.R. 258.4 to effect this purpose. That new provision allows the states to allow a “variance” from very specific generally applicable requirements:

40 C.F.R. 258.26(a)(1), requiring the control of run-on to the active portion of the landfill from the peak discharge of a 25-year storm event (corresponding with 35 Ill. Adm. Code 811.103(b)(1) and (b)(2) of the Illinois regulations);

40 C.F.R. 258.28(a), prohibiting the placement of bulk or noncontainerized liquid waste in a landfill except under very limited circumstances (corresponding with 35 Ill. Adm. Code 811.107(m)(1) of the Illinois regulations); and

40 C.F.R. 258.60(a)(1), (a)(2), and (b)(1), requiring the use of a final cover system that minimizes erosion and infiltration into a landfill, which includes specific requirements pertaining to such criteria as permeability, thickness of each layer, and the ability of the cover material to sustain native plant growth (corresponding with 35 Ill. Adm. Code 811.314(a) through (c) of the Illinois regulations).

Bioreactor Landfills Explained. The purpose of the federal amendments is to allow the operation of bioreactor landfills. A conventional landfill is designed to lessen the potential for groundwater contamination by minimizing the infiltration of rainwater, restricting the placement of liquid wastes in the landfill, and minimizing the hydraulic head on the bottom liner to minimize percolation of contaminated leachate into the ground. As USEPA explains in the preamble discussion of the federal amendments, a bioreactor landfill takes a different approach in order to more rapidly stabilize the landfill:

Bioreactor means a MSW landfill or portion of a MSW landfill where any liquid other than leachate (leachate includes landfill gas condensate) is added in a controlled fashion into the waste mass (often in combination with recirculating leachate) to reach a minimum average moisture content of at least 40 percent by weight to accelerate or enhance the anaerobic (without oxygen) biodegradation of the waste.

69 Fed. Reg. 13242, 13246 (Mar. 22, 2004) (quoting the definition of “bioreactor” in the national emission standards for hazardous air pollutants (NESHAPs) rule in Subpart AAAA of 40 C.F.R. 63 (2003)).

The generally-applicable federal landfill management requirements act as restrictions on the ability to operate a bioreactor landfill. The operation of a bioreactor landfill requires the reintroduction of contaminated liquid to the waste in the landfill, which is not allowed under the requirements of 40 C.F.R. 258.26(a)(1), 258.28(a), and 258.60(a)(1), (a)(2), and (b)(1) (corresponding with 35 Ill. Adm. Code 811.103(b)(1) and (b)(2), 811.107(m)(1), and 811.314(a) through (c) of the Illinois regulations). The RD&D permit rule would allow relief from these rules to permit the experimental operation of a bioreactor landfill.

RD&D Permit Limitations. Under the new federal provision, certain limitations apply to the availability of an RD&D permit. To obtain an RD&D permit that allows alternative practices to the generally applicable run-on control system requirements and/or the prohibition against placement of bulk or noncontainerized liquids, the applicant must design and construct the landfill’s leachate collection system so as to maintain less than a 30-centimeter (cm) leachate depth on the bottom liner of the landfill. To obtain an RD&D permit that allows the use of alternative practices to the generally applicable final cover requirements, the owner or operator must demonstrate that infiltration of liquid through the alternative cover will not cause contamination of groundwater or surface water or cause the leachate depth on the liner to exceed 30 cm. In issuing an RD&D permit the Agency must include whatever terms and conditions are necessary “to assure protection of human health and the environment.” See 40 C.F.R. 258.4(c) (2004).

Agency Suggestions in PC 1. In PC 1, the Agency has suggested specific language by which to incorporate the federal RD&D permit amendments into the Illinois regulations. The Board received the Agency comments early in the development of the proposal for public comment. Thus, the Agency suggestions received significant consideration as the Board reviewed the federal RD&D amendments. While the federal amendments are the basis for the amendments proposed by the Board today, the Agency suggestions in PC 1 have proven instrumental in development of the proposal for public comment. For this reason, the following discussion indicates not only where the proposal for public comment differs from the federal RD&D rule, it further indicates where the Board has incorporated Agency-suggested amendments or declined to do so.

The main segment of the Agency-suggested amendments follows the text of new 40 C.F.R. 158.4 very closely. The Agency suggested codifying the federally-derived text as new Section 813.601 in a new Subpart F to Part 813. The Agency also suggested ancillary amendments to add clarity to the text of Part 811 and facilitate implementation of the RD&D permit amendments. The Agency recommended adding a definition of “research, development, and demonstration permit” in the general definitions of Section 810.103. The Agency further recommended adding language that describes the availability of an RD&D permit at the three locations in the rules from which relief may be granted: at Section 811.103(b)(1) and (b)(2), at Section 811,107(m)(1), and at Section 811.314(a). A final Agency suggestion that adds to the literal text of the federal amendments is the addition of language relating to RD&D permits at the description of the scope of Part 813 at Section 813.101(a).

The Board’s Proposal. In incorporating the March 22, 2004 federal amendments, the Board has incorporated the suggestions submitted by the Agency in PC 1 to the extent possible. There are two principal aspects of the Agency suggestions that the Board has followed: (1) the proposal follows the language and structure of the federal amendments as closely as possible; and (2) the proposal includes ancillary amendments needed to add clarity to the substantive provisions from which alternative practices are now allowed and to enhance implementation of the rules. The Board was unable to follow the Agency recommendations in several ways, however, since it is necessary to accommodate the differences between the federal and Illinois regulatory schemes. The functions of the Board and the Agency are each narrowly under the Act. Other revisions to the federal language and Agency suggestions not followed are intended to enhance their clarity. The table that begins on page 10 of this opinion itemizes the various revisions made to the federal text in adapting it into the State regulations. The table that begins on page 13 itemizes the various Agency suggestions mot adhered to by the Board while developing the proposal.

The most significant departure from the text of the federal RD&D rule is the inclusion of amendments to ancillary segments of the substantive regulations. This is based on the Agency suggestions in PC 1. The first was the addition of the suggested definition of “research, development, and demonstration permit.” The second was the addition of language that indicates the availability of an RD&D permit for relief from the generally-applicable requirements. A third was the addition of the language relating to RD&D permits in the statement of the scope of Part 813. Other changes in the federal text were not based on the Agency-suggested amendments. Those changes are, in fact, differences between the amendments proposed by the Board and those suggested by the Agency.

One significant difference between the Agency-suggested amendments of PC 1 and the proposal adopted by the Board today is that the Board has added the substance of 40 C.F.R. 258.4 to the Illinois rules as a new Section 813.112 in the general provisions of Part 813, and not as a new Section 813.601 of a new Subpart F of that Part. The Board believes that placement in the general provisions of Part 813 more closely follows the existing structure of that Part, and it avoids conferring a special status on the RD&D permit provision, which might occur were the Board to place the provision alone in a new Subpart F.

A second significant difference between the Agency-suggested amendments and those of this proposal relates to termination of practices under the RD&D permit if something goes wrong. The Agency-suggested amendments would have allowed the Agency to terminate operation under an RD&D permit if the objectives of the permit are not being fulfilled, including protection of human health and the environment. In Illinois, only the Board has authority to terminate a permit, and then only after an enforcement action, with the opportunities for notice and public hearing. ¹   See 415 ILCS 5/33(b) (2002). For this reason, the Board structured Section 813.112(d) (corresponding with 40 C.F.R. 258.4(d)) to allow the Agency to request immediate termination of operations under the permit. Permit termination requires the Agency or the Attorney General to file an enforcement action to obtain a Board order for termination of operations.

The third significant difference between the Agency-suggested amendments and those proposed by the Board relates to the differences in functions between the Board and the Agency. Incorporation of the federal RD&D permit provision into the Illinois regulations raises important issues relating to the unique structure of the Illinois regulatory scheme. The Act divides the responsibilities relating to environmental standards in Illinois between the Board and the Agency. Among other responsibilities, the Agency implements the State standards and issues permits. See 415 ILCS 4 and 39. It is the Board that establishes the State standards by regulation and grants relief from those regulations by issuing adjusted standards or variances. See 415 ILCS 5/5, 28.2, and 35. USEPA characterized an RD&D permit as conferring a “variance” from the generally-applicable federal standards for MSWLF units. See 69 Fed. Reg. 13242-53 (Mar. 22, 2004) (95 occurrences preamble summary and discussion); 40 C.F.R. 258.4(f) (2004). The Board must first, then, determine the nature of the federal RD&D “variance” under the Illinois system. This is a determination the Board routinely makes concerning federal hazardous was rules.

One routine segment of every in RCRA Subtitle C hazardous waste update opinion outlines factors the Board employs for determining whether a decision is made by the Agency or by the Board. That discussion states the factors the Board considers in determining whether a specific determination is properly conferred on the Agency or retained by the Board as follows:

In some identical-in-substance rules, certain decisions pertaining to a permit application are not appropriate for the Agency to consider. In determining the general division of authority between the Agency and the Board, the following factors should be considered:

Consideration of these factors is useful here as well. Examination of the RD&D permit rule in light of these factors leads the Board to believe that the determination whether to allow an RD&D permit that grants an exception from the generally-applicable regulations is one properly made by the Board as an adjusted standard determination. First, the RD&D permit amendments will expressly allow the use of practices that differ from those generally required by the rules. The RD&D permit essentially “waives” those requirements and allows the use of alternatives that are not clearly defined in the rules. Second, the RD&D permit rule does not set forth sufficiently clear criteria for Agency decision-making to aid Board review of the Agency determination. That the alternative practices must not cause contamination of groundwater or surface water and that the practices must protect human health and the environment lack specificity. Third, the RD&D permit rule allows the Agency to define or determine the State standards for run-on control, placement of liquids in the landfill, or final cover on a case-by-case basis.

The RD&D permit determination is beyond the outer boundary of the decision-making authority that can be conferred on the Agency by regulation. The Board notes that in the existing rules, the Board through the adjusted standard procedure must authorize “experimental practices.” 35 Ill. Adm. Code 813.110. Similarly, use of alternative standards and procedures in various specific areas must also be Board-authorized by adjusted standards. See, e.g., 35 Ill. Adm. Code 811.106(c) (daily cover), 811.310(e) (frequency of landfill gas monitoring), and 811.314(d) (infiltration barrier for the final cover system). Those determinations made by an Agency to allow alternative materials or practices that are permit decision contain sufficient standards for performance of the alternatives. See, e.g., 35 Ill. Adm. Code 811.106(b) (alternative daily cover materials and procedures allowed if equivalent or superior to 0.15 meter of clean soil) and 811.314(b)(4)(C) (alternative low-permeability layer techniques or materials if equivalent to or superior to three feet of compacted earth having a permeability less that 1 ´ 10^-7 centimeters per second).

The standards for Agency decision-making contained in the RD&D permit rules are too nebulous. There are two basic standards for the RD&D permit determination under the federal rule. The first is an engineering judgment of a type routinely made by the Agency: that the landfill has a leachate collection system that is designed and constructed to maintain less than a 30-cm depth of leachate on the bottom liner of the landfill. 40 C.F.R. 258.4(a) and (b) (2004). It is the second standard for the RD&D permit determination that is problematic: that the RD&D permit impose operational standards that are “at least as protective as the criteria for municipal solid waste landfills to assure protection of human health and the environment.” 40 C.F.R. 258.4(c) (2004).

There is one factor other than the four cited above that the Board must consider when determining the general division of authority between the Agency and the Board. In fact, that factor underlies the rulemaking process through which the generally applicable State standards are established, the procedures by which the Board establishes exceptions to general requirements, ² and those through which a Board order could affect the scope or content of any particular permit. ³ That factor is whether the particular exercise of judgment would benefit through a record developed through the notice and opportunity for public hearing requirements that underlie every Board decision-making procedure. See 415 ILCS 5/27(b), 28(a), 28.1(d), 31(c), 33(a), 37(a), and 40(a). A determination based on a nebulous standard is best made based on a full record developed with the benefits of notice and opportunity for public hearing.

Thus, the decision whether to allow the proposed alternative practices that would underlie an RD&D permit is best made by the Board with the benefits of a record assembled using the adjusted standard procedure. The proposed amendments are drafted to use the federally prescribed standards as the basis for a Board determination whether to allow the use of any alternative practices. See 415 ILCS 5.28.1(b) (2002).

Request for Comments. The Board requests public comment on the incorporation of the March 22, 2004 federal RD&D permit amendments into the Illinois landfill regulations. The Board specifically requests comments on the following: (1) rendering the decision to allow alternative practices that the Agency could allow in an RD&D permits as an adjusted standard determination, as set forth in the proposed amendments; and (2) providing that the mechanism of an enforcement action for Board termination of operations under the RD&D permit is appropriate in the event the objectives of the permit are not achieved.

General Revisions and Deviations from the Federal Text

In incorporating the federal rules into the Illinois system, some deviation from the federal text is unavoidable. This deviation arises primarily through differences between the federal and state regulatory structure and systems. Some deviation also arises through errors in and problems with the federal text itself. The Board conforms the federal text to the Illinois rules and regulatory scheme and corrects errors that we see in the text as we engage in these routine update rulemakings.

In addition to the amendments derived from federal amendments, the Board often finds it necessary to alter the text of various passages of the existing rules as provisions are opened for update in response to USEPA actions. This involves correcting deficiencies, clarifying provisions, and making other changes that are necessary to establish a clear set of rules that closely parallel the corresponding federal requirements within the codification scheme of the Illinois Administrative Code.

The Board updates the citations to the Code of Federal Regulations to the most recent version available. As of the date of this opinion, the most recent version of the Code of Federal Regulations available to the Board is the July 1, 2004 version. Thus, we have updated all citations to the 2004 version, adding references to later amendments using their appropriate Federal Register citation, where necessary.

The Board substituted “or” for “/” in most instances where this appeared in the federal base text, using “and” where more appropriate. The Board further used this opportunity to make a number of corrections to punctuation, grammar, spelling, and cross-reference format throughout the opened text. We changed “who” to “that” and “he” or “she” to “it,” where the person to which the regulation referred was not necessarily a natural person, or to “he or she,” where a natural person was evident; changed “which” to “that” for restrictive relative clauses; substituted “must” for “shall”; capitalized the section headings and corrected their format where necessary; and corrected punctuation within sentences.

In addition, the federal rules have been edited to establish a uniform usage throughout the Board’s regulations. For example, with respect to “shall,” “will,” and “may,” “must” is used when an action is required by the rule, without regard to whether the action is required of the subject of the sentence or not. “Shall” is no longer used, since it is not used in everyday language. Thus, where a federal rule uses “shall,” the Board substitutes “must.” This is a break from our former practice where “shall” was used when the subject of a sentence has a duty to do something. “Will” is used when the Board obliges itself to do something. “May” is used when choice of a provision is optional. “Or” is used rather than “and/or,” and denotes “one or both.” “Either . . . or” denotes “one but not both.” “And” denotes “both.”

The Joint Committee on Administrative Rules (JCAR) has requested that the Board refer to the United States Environmental Protection Agency in the same manner throughout all of our bodies of regulations—i.e., air, water, drinking water, RCRA Subtitle D (municipal solid waste landfill), RCRA Subtitle C (hazardous waste), underground injection control (UIC), etc. The Board has decided to refer to the United States Environmental Protection Agency as “USEPA.” We will continue this conversion in future rulemakings as additional sections become open to amendment. We will further convert “EPA” used in federal text to “USEPA,” where USEPA is clearly intended.

The Board has assembled tables to aid in the location of these alterations and to briefly outline their intended purpose. The tables set forth the miscellaneous deviations from the federal text and corrections to the pre-amended base text of the rules in detail. The tables are set forth and explained immediately below this opinion. There is no further discussion of most of the deviations and revisions elsewhere in this opinion.

Discussion of Miscellaneous Housekeeping Amendments

The tables below list numerous corrections and amendments that are not based on current federal amendments. The first table (beginning immediately below) includes deviations made in this Proposal for Public Comment from the verbatim text of the federal amendments. The second table (beginning below at page 13) the Board’s disposition of the Agency-suggested amendments. That second table indicates how the amendments as proposed differ from the text as suggested by the Agency. The third table (beginning at page 15) contains corrections and clarifications that the Board made in the base text involved in this proposal. The amendments listed in this second table are not directly derived from the current federal amendments. Some of the entries in these tables are discussed further in appropriate segments of the general discussion beginning at page 3 of this opinion.

Table 1:

Deviations from the Text of the Federal Amendments

Table 2:

Differences between the Proposed Amendments and Those Suggested by the Agency

Table 3:

Board Housekeeping Amendments

ORDER

The complete text of the proposed amendments follows:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE G: WASTE DISPOSAL

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER i: SOLID WASTE AND SPECIAL WASTE HAULING

PART 810

SOLID WASTE DISPOSAL: GENERAL PROVISIONS

Section

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. 15838, effective September 18, 1990; amended in R93-10 at 18 Ill. Reg. 1268, effective January 13, 1994; amended in R90-26 at 18 Ill. Reg. 12457, effective August 1, 1994; amended in R95-9 at 19 Ill. Reg. 14427, effective September 29, 1995; amended in R96-1 at 20 Ill. Reg. 11985, effective August 15, 1996; amended in R97-20 at 21 Ill. Reg. 15825, effective November 25, 1997; amended in R04-5/R04-15 at 28 Ill. Reg. 9090, effective June 18, 2004; amended in R05-1 at 29 Ill. Reg. ________, effective ______________________.

Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of words or terms in this Part will be the same as that applied to the same words or terms in the Environmental Protection Act (Act) [415 ILCS 5]:

“Act” means the Environmental Protection Act [415 ILCS 5].

“Admixtures” are chemicals added to earth materials to improve for a specific application the physical or chemical properties of the earth materials. Admixtures include, but are not limited to: lime, cement, bentonite, and sodium silicate.

“Agency” is the Environmental Protection Agency established by the Environmental Protection Act. (Section 3.105 of the Act)

“Applicant” means the person submitting an application to the Agency for a permit for a solid waste disposal facility.

“Aquifer” means saturated (with groundwater) soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs, or streams under ordinary hydraulic gradients and whose boundaries can be identified and mapped from hydrogeologic data. (Section 3 of the Illinois Groundwater Protection Act [415 ILCS 55/3])

“Bedrock” means the solid rock formation immediately underlying any loose superficial material such as soil, alluvium, or glacial drift.

“Beneficially usable 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 which exceed the limits for this type of waste as specified at 35 Ill. Adm. Code 817.106.

“Board” is the Pollution Control Board established by the Act. (Section 3.130 of the Act)

“Borrow area” means an area from which earthen material is excavated for the purpose of constructing daily cover, final cover, a liner, a gas venting system, roadways, or berms.

“Chemical waste” means a non-putrescible solid whose characteristics are such that any contaminated leachate is expected to be formed through chemical or physical processes, rather than biological processes, and no gas is expected to be formed as a result.

“Coal combustion power generating facilities” means establishments that generate electricity by combusting coal and which utilize a lime or limestone scrubber system.

“Contaminated leachate” means any leachate whose constituent violate the standards of 35 Ill. Adm. Code 811.202.

“Dead animal disposal site” means an on-the-farm disposal site at which the burial of dead animals is done in accordance with the Illinois Dead Animal Disposal Act [225 ILCS 610] and regulations adopted pursuant thereto (8 Ill. Adm. Code 90).

“Design Period” means that length of time determined by the sum of the operating life of the solid waste landfill facility plus the postclosure care period necessary to stabilize the waste in the units.

“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water or into any well such that solid waste or any constituent of the solid waste may enter the environment by being emitted into the air or discharged into any waters, including groundwater. (Section 3.185 of the Act) If the solid waste is accumulated and not confined or contained to prevent its entry into the environment, or there is no certain plan for its disposal elsewhere, such accumulation will constitute disposal.

“Disturbed areas” means those areas within a facility that have been physically altered during waste disposal operations or during the construction of any part of the facility.

“Documentation” means items, in any tangible form, whether directly legible or legible with the aid of any machine or device, including but not limited to affidavits, certificates, deeds, leases, contracts or other binding agreements, licenses, permits, photographs, audio or video recordings, maps, geographic surveys, chemical and mathematical formulas or equations, mathematical and statistical calculations and assumptions, research papers, technical reports, technical designs and design drawings, stocks, bonds, and financial records, that are used to support facts or hypotheses.

“Earth liners” means structures constructed from naturally occurring soil material that has been compacted to achieve a low permeability.

“Existing facility” or “Existing unit” means a facility or unit that is not defined in this Section as a new facility or a new unit.

“Existing MSWLF unit” means any municipal solid waste landfill unit that has received household waste before October 9, 1993. (Section 3.285 of the Act)

“Facility” means a site and all equipment and fixtures on a site used to treat, store or dispose of solid or special wastes. A facility consists of an entire solid or special waste treatment, storage or disposal operation. All structures used in connection with or to facilitate the waste disposal operation will be considered a part of the facility. A facility may include, but is not limited to, one or more solid waste disposal units, buildings, treatment systems, processing and storage operations, and monitoring stations.

“Field capacity” means that maximum moisture content of a waste, under field conditions of temperature and pressure, above which moisture is released by gravity drainage.

“Foundry sand” means pure sand or a mixture of sand and any additives necessary for use of the sand in the foundry process, but does not include such foundry process by-products as air pollution control dust or refractories.

“Gas collection system” means a system of wells, trenches, pipes and other related ancillary structures such as manholes, compressor housing, and monitoring installations that collects and transports the gas produced in a putrescible waste disposal unit to one or more gas processing points. The flow of gas through such a system may be produced by naturally occurring gas pressure gradients or may be aided by an induced draft generated by mechanical means.

“Gas condensate” means the liquid formed as a landfill gas is cooled or compressed.

“Gas venting system” means a system of wells, trenches, pipes and other related structures that vents the gas produced in a putrescible waste disposal unit to the atmosphere.

“Geomembranes” means manufactured membrane liners and barriers of low permeability used to control the migration of fluids or gases.

“Geotextiles” are permeable manufactured materials used for purposes that include, but are not limited to, strengthening soil, providing a filter to prevent clogging of drains, and collecting and draining liquids and gases beneath the ground surface.

“Groundwater” means underground water which occurs within the saturated zone and within geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure. (Section 3 of the Illinois Groundwater Protection Act)

“Household waste” means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). (Section 3.230 of the Act)

“Hydraulic barriers” means structures designed to prevent or control the seepage of water. 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 for vectors, form a gas, cause an odor, or form a contaminated leachate, as determined in accordance with 35 Ill. Adm. Code 811.202(b). Such inert wastes will 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 of this 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 of 35 Ill. Adm. Code 309.

“Landfill” means a unit or part of a facility in 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 of this Part and 35 Ill. Adm. Code 811 through 815, landfills include waste piles, as defined in this Section.

“Lateral expansion” means a horizontal expansion of the actual waste boundaries of an existing MSWLF unit occurring on or after October 9, 1993. A horizontal expansion is any area where solid waste is placed for the first time directly upon the bottom liner of the unit, excluding side slopes on or after October 9, 1993. (Section 3.275 of the Act)

“Leachate” means liquid that has been or is in direct contact with a solid waste.

“Lift” means an accumulation of waste that 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 of waste as specified at 35 Ill. Adm. Code 817.106.

“Malodor” means an odor caused by one or more contaminant emissions into the atmosphere from a facility that is in sufficient quantities and of such characteristics and duration as to be described as malodorous and which may be injurious to human, plant, or animal life, to health, or to property, or may unreasonably interfere with the enjoyment of life or property. (Section 3.115 of the Act (defining “air pollution”))

“Municipal solid waste landfill unit” or “MSWLF unit” means a contiguous area of land or an excavation that receives household waste, and that is not a land application, surface impoundment, injection well, or any pile of non-containerized accumulations of solid, non-flowing waste that is used for treatment or storage. A MSWLF unit may also receive other types of RCRA Subtitle D wastes, such as commercial solid waste, non-hazardous sludge, small quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned or operated. a MSWLF unit may be a new MSWLF unit, an existing MSWLF unit or a lateral expansion. A sanitary landfill is subject to regulation as a MSWLF if it receives household waste. (Section 3.285 of the Act) But, a landfill that receives residential lead-based paint waste and which does not receive any other household waste is not a MSWLF unit.

BOARD NOTE: The final sentence of corresponding 40 C.F.R. 258.2 provides as follows: “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.” A construction and demolition landfill is a type of landfill that does not exist in Illinois, so the Board omitted the reference to “construction and demolition landfill.” A landfill in Illinois that receives residential lead-based paint waste and no other type of household waste would be permitted as a chemical waste landfill or a putrescible waste landfill under Subpart C of 35 Ill. Adm. Code 811, as appropriate.

“National Pollutant Discharge Elimination System” or “NPDES” means the program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits and imposing and enforcing pretreatment requirements under the Clean Water Act (33 USC 1251 et seq.), Section 12(f) of the Act, Subpart A of 35 Ill. Adm. Code 309, 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 or more of the following conditions apply:

It is a landfill or unit exempt from permit requirements pursuant to Section 21(d) of the Act that has not yet accepted any waste as of September 18, 1990;

It is a landfill or unit not exempt from permit requirements pursuant to Section 21(d) of the Act that has no development or operating permit issued by the Agency pursuant to 35 Ill. Adm. Code 807 as of September 18, 1990; or

It is a landfill with a unit whose maximum design capacity or lateral extent is increased after September 18, 1990.

BOARD NOTE: A new unit located in an existing facility will be considered a unit subject to 35 Ill. Adm. Code 814, which references applicable requirements of 35 Ill. Adm. Code 811.

“New MSWLF unit” means any municipal solid waste landfill unit that has received household waste on or after October 9, 1993 for the first time. (Section 3.285 of the Act)

“One hundred flood plain” means any land area that is subject to a one percent or greater chance of flooding in a given year from any source.

“One hundred, 24-hour precipitation event” means a precipitation event of 24-hour duration with a probable recurrence interval of once in 100 years.

“Operator” means the person responsible for the operation and maintenance of a solid waste disposal facility.

“Owner” means a person who has an interest, directly or indirectly, in land, including a leasehold interest, on which a person operates and maintains a solid waste disposal facility. The “owner” is the “operator” if there is no other person who is operating and maintaining a solid waste disposal facility.

“Perched watertable” means an elevated watertable above a discontinuous saturated lens, resting on a low permeability (such as clay) layer within a high permeability (such as sand) formation.

“Permit area” means the entire horizontal and vertical region occupied by a permitted solid waste disposal facility.

“Person” is any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, political subdivision, State agency, or any other legal entity, or their legal representative, agent or assigns. (Section 3.315 of the Act)

“Potentially usable 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 of waste as specified at 35 Ill. Adm. Code 817.106.

“Poz-O-Tec materials” means materials produced by a stabilization process patented by Conversion Systems, Inc. utilizing flue gas desulfurization (FGD) sludges and ash produced by coal combustion power generation facilities as raw materials.

“Poz-O-Tec monofill” means a landfill in which solely Poz-O-Tec materials are placed for disposal.

“Professional engineer” means a person who has registered and obtained a seal pursuant to the Professional Engineering Practice Act of 1989 [225 ILCS 325].

“Professional land surveyor” means a person who has received a certificate of registration and a seal pursuant to the Illinois Professional Land Surveyor Act of 1989 [225 ILCS 330].

“Putrescible waste” means a solid waste that contains organic matter capable of being decomposed by microorganisms so as to cause a malodor, gases, or other offensive conditions, or which is capable of providing food for birds and vectors. Putrescible wastes may form a contaminated leachate from microbiological degradation, chemical processes, and physical processes. Putrescible waste includes, but is not limited to, garbage, offal, dead animals, general household waste, and commercial waste. All solid wastes that do not meet the definition of inert or chemical wastes will be considered putrescible wastes.

“Publicly owned treatment works” or “POTW” means a treatment works that is owned by the State of Illinois or a unit of local government. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastewater. It also includes sewers, pipes, and other conveyances only if they convey wastewater to a POTW treatment plant. The term also means the unit of local government that has jurisdiction over the indirect discharges to and the discharges from such a treatment works.

“Recharge zone” means an area through which water can enter an aquifer.

“Research, development, and demonstration permit” or “RD&D permit” means a permit issued pursuant to an adjusted standard issued under 35 Ill. Adm. Code 813.112, as derived from 40 CFR 258.4 (2004), that allows the testing of an innovative technology at a MSWLF unit.

“Residential lead-based paint waste” means waste containing lead-based paint that is generated as a result of activities such as abatement, rehabilitation, renovation, and remodeling in homes and other residences. The term residential lead-based paint waste includes, but is not limited to, lead-based paint debris, chips, dust, and sludges.

“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 3.425 of the 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-day operations at the site are carried out in compliance with any Part of 35 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, any portion of such overland flow that infiltrates into the ground before it reaches the stream channel, and any precipitation that falls directly into a stream channel.

“Salvaging” means the return of waste materials to use, under the supervision of the landfill operator, so long as the activity is confined to an area remote from the operating face of the landfill, it does not interfere with or otherwise delay the operations of the 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 vectors, or cause an unsightly appearance.

“Scavenging” means the removal of materials from a solid waste management facility or unit that is not salvaging.

“Seismic Slope Safety Factor” 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 soil, and adjacent operations involving excavation.

“Shredding” means the mechanical reduction in particle sizes of solid waste. Putrescible waste is considered shredded if 90 percent of the waste by dry weight passes a three-inch sieve.

“Significant Modification” means a modification to an approved permit issued by the Agency in accordance with Section 39 of the Act and 35 Ill. Adm. Code 813 that is required when one or more of the following changes (considered 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, occur, or will occur:

An increase in the capacity of the waste disposal unit over the permitted capacity;

Any change in the placement of daily, intermediate, or final cover;

A decrease in performance, efficiency, or longevity of the liner system;

A decrease in efficiency or performance of the leachate collection system;

A change in configuration, performance, or efficiency of the leachate management system;

A change in the final disposition of treated effluent or in the quality of the discharge from the leachate treatment or pretreatment system;

Installation of a gas management system or a decrease in the efficiency or performance of an existing gas management system;

A change in the performance or operation of the surface water control system;

A decrease in the quality or quantity of data 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 of the regraded area after development or after final closure;

A change in the amount or type of postclosure financial assurance;

Any change in the permit boundary;

A change in the postclosure land use of the property;

A remedial action necessary to protect groundwater;

Transfer of the permit to a new operator;

Operating authorization is being sought to place into service a structure constructed pursuant to a construction quality assurance program; or

A change in any requirement set forth as a special condition in the permit.

“Slag” means the fused agglomerate that separates in the iron and steel production and floats on the surface of the molten metal.

“Sole source aquifer” means those aquifers designated pursuant to Section 1424(e) of the Safe Drinking Water Act of 1974 (42 USC 300h-3).

“Solid Waste” means a waste that is defined in this Section as an inert waste, as a putrescible waste, as a chemical waste or as a special waste, and which is not also defined as a hazardous waste pursuant to 35 Ill. Adm. Code 721.

“Special waste” means any industrial process waste, pollution control waste, or hazardous waste, except as determined pursuant to Section 22.9 of the Act and 35 Ill. Adm. Code 808. (Section 3.475 of the Act)

“Static Safety Factor” means the ratio between resisting forces or moments in a slope and the driving forces or moments that may cause a massive slope failure.

“Steel slag” means slag.

“Surface impoundment” means a natural topographic depression, a man-made excavation, or a diked area into which flowing wastes, such as liquid wastes or wastes containing free liquids, are placed. For the purposes of this Part and 35 Ill. Adm. Code 811 through 815, a surface impoundment is not a landfill. Other Parts of 35 Ill. Adm. Code: Chapter I may apply, including the permitting requirements of 35 Ill. Adm. Code 309.

“Twenty-five-year, 24-hour precipitation event” means a precipitation event of 24-hour duration with a probable recurrence interval of once in 25 years.

“Uppermost aquifer” means the first geologic formation above or below the bottom elevation of a constructed liner or wastes, where no liner is present, that is an aquifer, and includes any lower aquifer that is hydraulically connected with this aquifer within the facility’s permit area.

“Unit” means a contiguous area used for solid waste disposal.

“Unit of local government” means a unit of local government, as defined by Article 7, Section 1 of the Illinois Constitution. A unit of local government may include, but is not limited to, a municipality, a county, or a sanitary district.

“Waste pile” means an area on which non-containerized masses of solid, non-flowing wastes are placed for disposal. For the purposes of this Part and 35 Ill. Adm. Code 811 through 815, a waste pile is a landfill, unless the operator can demonstrate that the wastes are not accumulated over time for disposal. At a minimum, such demonstration must include photographs, records, or other observable or discernable information, maintained on a yearly basis, that show that within the preceding year the waste has been removed for utilization or disposal elsewhere.

“Waste stabilization” means any chemical, physical, or thermal treatment of waste, either alone or in combination with biological processes, that results in a reduction of microorganisms, including viruses, and the potential for putrefaction.

“Working face” means any part of a landfill where waste is being disposed of.

“Zone of attenuation” means the three dimensional region formed by excluding the volume occupied by the waste placement from the smaller of the volumes resulting from vertical planes drawn to the bottom of the uppermost aquifer at the property boundary or 100 feet from the edge of one or more adjacent units.

(Source: Amended at 29 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 811

STANDARDS FOR NEW SOLID WASTE LANDFILLS

SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS

Section

SUBPART B: INERT WASTE LANDFILLS

Section

SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

Section

SUBPART D: MANAGEMENT OF SPECIAL WASTES AT LANDFILLS

Section

SUBPART E: CONSTRUCTION QUALITY ASSURANCE PROGRAMS

Section

SUBPART G: FINANCIAL ASSURANCE

Section

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 22 Ill. Reg.11491, effective June 23, 1998; amended in R99-1 at 23 Ill. Reg. 2794, effective February 17, 1999; amended in R98-29 at 23 Ill. Reg.6880, effective July 1, 1999; amended in R04-5/R04-15 at 28 Ill. Reg. 9107, effective June 18, 2004; amended in R05-1 at 29 Ill. Reg. ________, effective ______________________.

SUBPART A: GENERAL STANDARDS FOR ALL LANDFILLS

BOARD NOTE: Those segments of subsections (b)(1) and (b)(2) of this Section that relate to RD&D permits are derived from 40 CFR 258.4(a)(1) (2004).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Subsection This subsection (c) is derived from 40 CFR 258.21(d), as added at 62 Fed. Reg. 40707 (July 29, 1997) (2004).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Equipment shall must be maintained and available for use at the facility during all hours of operation, so as to achieve and maintain compliance with the requirements of this Part.

All utilities, including but no limited to heat, lights, power and communications equipment, necessary for safe operation in compliance with the requirements of this Part shall must be available at the facility at all times.

The operator shall must maintain and operate all systems and related appurtenances and structures in a manner that facilitates proper operations in compliance with this Part.

Open burning is prohibited, except in accordance with 35 Ill. Adm. Code 200 through 245.

The operator shall must implement methods for controlling dust, so as to prevent wind dispersal of particulate matter.

The facility shall must be designed, constructed, and maintained to minimize the level of equipment noise audible outside the facility. The facility shall must not cause or contribute to a violation of 35 Ill. Adm. Code 900 through 905 or of Section 24 of the Act [415 ILCS 5/24].

The operator shall must implement measures to control the population of disease and nuisance vectors.

The operator shall must institute fire protection measures including, but not limited to, maintaining a supply of water onsite and radio or telephone access to the nearest fire department.

BOARD NOTE: Subsection This subsection 811.107(m)(1) through (m)(3) is derived from 40 CFR 258.28 (1992) (2004). Subsection (m)(1)(C) of this Section relating to RD&D permits is derived from 40 CFR 258.4(a)(2) (2004).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

SUBPART C: PUTRESCIBLE AND CHEMICAL WASTE LANDFILLS

BOARD NOTE: Changes to Those segments of this subsection (c) that relate to MSWLF units are derived from 40 CFR 258.61 (1996) (2002).

BOARD NOTE: Subsection This subsection (de) is derived from 40 CFR 258.23(e), as added at 62 Fed. Reg. 40707 (July 29, 1997) (2004).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

BOARD NOTE: Subsection (b)(4) of this Section is derived from 40 CFR 258.60(a) (1996) (2004). Subsection (d) of this Section is derived from 40 CFR 258.60(b)(3), as added at 62 Fed. Reg. 40707 (July 29, 1997) (2004). Those segments of subsection (a) of this Section that relate to RD&D permits are derived from 40 CFR 258.4(b) (2004).

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

I.  SUBPART A: General

II.  SUBPART B: Location Restrictions

III.  SUBPART C: Operating Criteria

V.  SUBPART E: Groundwater Monitoring and Corrective Action

VI.  SUBPART F: Closure and Post-Closure Care

VII.  SUBPART G: Financial Assurance Criteria

1 - NL: New Landfill; 2 - EL: Existing Landfill and Lateral Expansions.

(Source: Amended at 29 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

SUBPART B: ADDITIONAL PROCEDURES FOR MODIFICATION AND SIGNIFICANT MODIFICATION OF PERMITS

Section

SUBPART C: ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS

Section

SUBPART D: ADDITIONAL PROCEDURES FOR INITIATION AND TERMINATION OF TEMPORARY AND PERMANENT CLOSURE AND POSTCLOSURE CARE

Section

SUBPART E: CERTIFICATION AND REPORTS

Section

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].

SUBPART A: GENERAL PROCEDURES

b)  All general provisions of 35 Ill. Adm. Code 810 apply to this Part.

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

Upon approval of the experimental practice pursuant to subsection (d) of this Section by the Board, the operator shall must file an application for significant modification of the permit with the Agency pursuant to Subpart B of Section 813.Subpart B. The application shall must contain the following information:

(Source: Amended at 29 Ill. Reg. ________, effective ______________________)

An owner or operator of an MSWLF must obtain an adjusted standard from the Board under Section 28.1 of the Act [415 ILCS 5/28.1] and Subpart D of 35 Ill. Adm. Code 104 before it can obtain a research, development, and demonstration (RD&D) permit. An RD&D permit allows the use of an alternative technology that differs from the generally-applicable standards for run-on control systems (in 35 Ill. Adm. Code 811.103(b)(1) and (b)(2)); the prohibition against the placement of bulk, non-containerized liquid waste in a landfill (in 35 Ill. Adm. Code 811.107(m)(1); or the standards for final cover (in 35 Ill. Adm. Code 310.310. The demonstration necessary to justify an adjusted standard is set forth in this Section for each of the generally-applicable regulations from which relief is possible. After the Board has issued an adjusted standard, the owner or operator of the MSWLF may apply to the Agency for a permit, pursuant to Subpart A of this Part, or a permit modification, pursuant to Subpart B of this Part.