ILLINOIS POLLUTION CONTROL BOARD

January 6, 2005

 

IN THE MATTER OF:

)

)

RCRA SUBTITLE D UPDATE, USEPA ) R05-1

REGULATIONS (January 1, 2004, through ) (Identical-in-Substance

June 30, 2004)

) Rulemaking - Land)

 

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.

 

---

 

2

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:

 

PC 1 Comments of the Agency, by Kimberly A. Geving, Assistant Counsel, Division of

Legal Counsel, dated August 31, 2004 (received September 2, 2004).

 

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

---

 

3

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:

 

Due date:

March 22, 2005

Date of Board vote to propose amendments:

January 6, 2005

Submission for

Illinois Register

publication:

January 10, 2005

Probable

Illinois Register

publication date:

January 21, 2005

End of 45-day public comment period:

March 7, 2005

Date of Board vote to adopt amendments:

March 17, 2005

Probable filing and effective date:

March 21, 2005

Probable

Illinois Register

publication date:

April 1, 2005

 

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.

 

Discussion of the Particular Federal Action Involved in This Docket

 

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

 

---

 

4

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).

 

---

 

5

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

---

 

6

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:

1

The Agency may seal any equipment or facility that it finds contributing to an emergency

condition, that that action requires an Agency finding that an emergency condition exists. 415

ILCS 5/34 (2002).

---

 

7

 

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:

 

1. Whether the entity making the decision is applying a Board

regulation, or taking action contrary to (“waiving”) a Board

regulation. It generally takes some form of Board action to

“waive” a Board regulation.

 

2. Whether there is a clear standard for action such that the Board can

give meaningful review to an Agency decision.

 

3. Whether the action would result in exemption from the permit

requirement itself. If so, Board action is generally required.

 

4. Whether the decision amounts to “determining, defining or

implementing environmental control standards” within the

meaning of Section 5(b) of the Act. If so, it must be made by the

Board.

E.g.,

RCRA Subtitle C Update, USEPA Regulations

(January 1, 2004 through June 30, 2004), R05-2 (Dec. 16, 2004).

 

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)

---

 

8

(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.

2

The adjusted standard procedure, under Section 28.1 of the Act; the procedure for adopting a

site-specific rule, under Sections 27 and 28 of the Act; or the procedure for granting a variance,

under Sections 35 through 38 of the Act.

 

3

Such an order might include one issued in a permit appeal, under Section 40 of the Act, or a

cease and desist order issued in an enforcement action, under Section 42 of the Act.

---

 

9

 

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

---

 

10

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

 

Illinois Section

40 C.F.R. Section

Revision(s)

810.103 “research,

development, and

demonstration permit”

None Added

definition

811.103(b)(1)

None

Added “or unless . . . is in effect”

811.103(b)(2)

None

Added “unless . . . is in effect” ofset by a

comma

811.103 Board note

None

Added the Board note citing the source of

subsections (b)(1) and (b)(2)

811.107(m)(1)(C)

None

Added the exception for where the Agency has

issued an RD&D permit

811.314(a)

None

Added the exception for where the Agency has

issued an RD&D permit

811.Appendix B, ¶I.

3)

None

Added citation to Illinois provisions that

correspond with 40 CFR 258.4

813.112 preamble

None

Added the preamble discussion of the need to

obtain an adjusted standard before an RD&D

permit

---

 

11

813.112(a)

258.4(a)

Changed “paragraph (f) of this section” to

“subsection (f) of this Section”; added “and

subject to . . . this Section” as a parenthetical

offset by a comma; changed “Director of an

approved state” to “Agency”; changed “may”

to “must”; added the abbreviated form in

parentheses “(RD&D)”; changed "which" to

"that" for a restrictive relative clause; changed

“vary” to “deviate”; changed “criteria” to

“standards”; added “the Board has determined

. . . 35 Ill. Adm. Code 104”; added “that is”

before “designed and constructed” for a

restrictive relative clause; added “and that the

. . . surface water”

813.112(a)(1)

258.4(a)(1)

Changed “§ 258.26(a)(1)” to “35 Ill. Adm.

Code 811.103(b)(1) and (b)(2)”

813.112(a)(2)

258.4(a)(2)

Changed “§ 258.28(a)” to “35 Ill. Adm. Code

811.107(m)(1)”

813.112(b)

258.4(b)

Changed “Director of an approved State” to

“Agency”; changed “may” to “must”; changed

"which" to "that" for a restrictive relative

clause; changed “vary” to “deviate”; changed

“criteria” to “standards”; changed

“§ 258.60(a)(1), (a)(2) and (b)(1)” to “35 Ill.

Adm. Code 811.314(b) and (c)”; added “the

Board has determined . . . 35 Ill. Adm. Code

104 that”; changed “demonstrates” to “has

demonstrated”; removed the unnecessary

comma after “surface water” that separated a

two-element series

813.112(c)

258.4(c)

Added “RD&D” before “permit”; changed

“this section” to capitalized “this Section”;

added “as are” before “at least as protective”;

changed “criteria for municipal solid waste

landfills” to “MSWLF standards of . . . from

which the deviation is granted”; changed

“permits” to singular “a permit”; changed

"shall" to "must"; added “include the following

conditions”

813.112(c)(1)

258.4(c)(1)

Added “it must”; added “are” before

“necessary”; added “the permit is” before

“renewed”; changed “paragraph (e) of this

section” to “subsection (e) of this Section”

---

 

12

813.112(c)(2)

258.4(c)(2)

Added “it must”; changed "which" to "that" for

a restrictive relative clause; changed “State

Director” to “Agency”; added “are” before

“necessary”; added “the permit is” before

“renewed”; changed “paragraph (e) of this

section” to “subsection (e) of this Section”;

changed “deems” to “has deemed”

813.112(c)(3)

258.4(c)(3)

Added “it must”; added “are” before

“necessary” (twice); changed “State Director”

to “Agency”

813.112(c)(4)

258.4(c)(4)

Added “it must”; changed “this section” to

capitalized “this Section”; changed “State

Director” to “Agency” (twice)

813.112(c)(5)

258.4(c)(5)

Added “it must”; changed “criteria” to

“standards”; changed “this part” to “35 Ill.

Adm. Code 811”; changed “this section” to

capitalized “this Section”

813.112(d)

258.4(d)

Changed “Director of an approved State” to

“Agency”; changed “may order an immediate

termination of” to “request in writing . . .

immediately terminate”; changed “allowed” to

“permitted”; changed “this section” to

capitalized “this Section”; added “request that

. . . undertake” before “other corrective

measures”; changed “State Director” to

“Agency”; changed “determines” to “has

reason to believe”; added “The Agency or any

person . . . violations of the Act.”

813.112(e)

258.4(e)

Changed “any . . . shall not” to “no . . . may”;

added “in duration” after “three years” (twice);

changed “each renewal . . . may not” to “no

single . . . may”

813.112(e)(2)

258.4(e)(2)

Changed "shall" to "must"; changed “Director”

to “Agency”; added “are” before “necessary”

813.112(f)

258.4(f)

Changed the colon after “small MSWLF units”

to a period; removed subsection (f)(1) relating

to an exemption under 40 C.F.R. 258.1(f)(1);

changed “an exemption from” to “and RD&D

permit . . . standards of”; changed

“§ 258.60(b)(1)” to “35 Ill. Adm. Code

811.314(b) and (c)”; changed “§ 258.60(b)(3)”

to “35 Ill. Adm. Code 811.314(d)”

 

---

 

13

Table 2:

Differences between the Proposed Amendments and Those Suggested by the

Agency

 

Section Difference(s)

810.103 “research,

development, and

demonstration permit”

Changed “813.601” to “813.112”; changed “as consistent with 40 CFR

Part 258.4 (2004), as added at 69 FR 13255 (Mar. 22, 2004)” to “as

derived from 40 CFR 258.4 (2004)”; changed “Unit” to lower-case

“unit”

811.103(b)(1)

Removed the comma from before “or unless” that separated a two-

element series; changed “a research, development, or demonstration

permit has been obtained” to “the Agency has issued an RD&D permit

that provides otherwise . . . relating to run-on control systems”;

removed the unnecessary comma from before “pursuant to”; changed

“813.601” to “813.112(a)(1)”; added “that permit” before “is in effect”

811.103(b)(2)

Added a comma before “unless” to offset the parenthetical; changed “a

research, development, or demonstration permit has been obtained” to

“the Agency has issued an RD&D permit that provides otherwise . . .

relating to run-on control systems”; removed the unnecessary comma

from before “pursuant to”; changed “813.601” to “813.112(a)(1)”;

added “that permit” before “is in effect”

811.103 Board note

Changed “the closing phrases in Subsections 811.103(b)(1) and (2)” to

“those segments of subsections (b)(1) and (b)(2) of this Section”;

changed “regarding research, development, and demonstration permits”

to “that relate to RD&D permits”; removed the preceding comma and

changed “accommodates the provisions of 40 CFR 258.4, as added at

69 FR 13255 (Mar. 22, 2004)” to “are derived from 40 CFR 258.4(a)(1)

(2004)”

811.107(m) Board

note

Changed “subsection 811.107(m)(1)(C)” to “subsection (m)(1)(C) of

this Section”; changed accommodates the research, development and

demonstration permit provisions of40 CFR 258.4, as added at 69 FR

13255 (Mar. 22, 2004)” to “are derived from 40 CFR 258.4(a)(1)

(2004)”

811.314(a)

Changed “unless . . . has been obtained” to active-voice “unless the

Agency has issued . . .”; changed “a research, development and

demonstration permit” to “an RD&D permit”; changed “innovative and

new” to “innovative”; removed the commas before and after “final

cover technology”; changed “pursuant to” to “an adjusted standard

issued under”; changed “813.601” to “813.112(b)”; added “that permit”

before “is in effect”

813 table of contents,

813.112 heading

Changed “813.601” to “813.112”; changed “development, and

demonstration permits” to capitalized “Development, and

Demonstration Permits”; added “for MSWLFs”

813.101(a)

Changed “a research, development and demonstration permit” to “an

RD&D permit”

---

 

14

813.112 heading

Changed “813.601” to “813.112”; changed “development, and

demonstration permits” to capitalized “Development, and

Demonstration Permits”; added “for MSWLFs”

813.112 preamble

Added the preamble discussion of the need to obtain an adjusted

standard before an RD&D permit

813.112(a)

Changed “paragraph (f) of this section” to “subsection (f) of this

Section”; added “and subject to the limitations of subsections (c)

through (e) of this Section” as a parenthetical offset by a comma;

changed “may” to “must” added the abbreviated form in parentheses

“(RD&D)”; changed "which" to "that" for a restrictive relative clause;

changed “vary” to “deviate”; changed “criteria” to “standards”; added

“the Board has determined . . . 35 Ill. Adm. Code 104”; added “that is”

before “designed and constructed” for a restrictive relative clause;

added “and that the . . . surface water”

813.112(a)(1)

Changed “811.103(b)(1) and (2)” to “811.103(b)(1) and (b)(2)”

813.112(a)(2)

Changed “811.107(m)” to “811.107(m)(1)”

813.112(b)

Changed “may” to “must”; changed "which" to "that" for a restrictive

relative clause; changed “vary” to “deviate”; changed “criteria” to

“standards”; added “the Board has determined . . . 35 Ill. Adm. Code

104 that”; changed “demonstrates” to “has demonstrated”; removed the

unnecessary comma after “surface water” that separated a two-element

series

813.112(c)

Added “RD&D” before “permit”; changed “this section” to capitalized

“this Section”; added “as are” before “at least as protective”; changed

“criteria for municipal solid waste landfills” to “MSWLF standards of

. . . from which the deviation is granted”; changed “permits” to singular

“a permit”; changed "shall" to "must"; added “include the following

conditions”

813.112(c)(1)

Added “it must”; added “are” before “necessary”; added “the permit is”

before “renewed”; changed “paragraph (e) of this section” to

“subsection (e) of this Section”

813.112(c)(2)

Added “it must”; added “are” before “necessary”; added “the permit is”

before “renewed”; changed “paragraph (e) of this section” to

“subsection (e) of this Section”; changed “deems” to “has deemed”

813.112(c)(3)

Added “it must”; added “are” before “necessary” (twice)

813.112(c)(4)

Added “it must”; changed “this section” to capitalized “this Section”

813.112(c)(5)

Added “it must”; changed “criteria” to “standards”; changed “this part”

to “35 Ill. Adm. Code 811”; changed “this section” to capitalized “this

Section”

813.112(d)

Changed “may order an immediate termination of” to “request in

writing . . . immediately terminate”; changed “allowed” to “permitted”;

changed “this section” to capitalized “this Section”; added “request that

. . . undertake” before “other corrective measures”; changed

“determines” to “has reason to believe”; added “The Agency or any

person . . . violations of the Act.”

---

 

15

813.112(e)

Changed “any . . . shall not” to “no . . . may”; added “in duration” after

“three years” (twice); changed “each renewal . . . may not” to “no

single . . . may”

813.112(e)(2)

Changed "shall" to "must"; added “are” before “necessary”

813.112(f)

Changed the colon after “small MSWLF units” to a period; changed

“an exemption from” to “and RD&D permit . . . standards of”

813.112 Board note

Changed “Section 813.601” to “this Section”; removed the unnecessary

Federal Register

citation “as added at 69 FR 13255 (Mar. 22, 2004)”

 

 

Table 3:

Board Housekeeping Amendments

 

Section Source

Revision(s)

811.103(a)

Board

Added ending period

811.103(a)(1)

Board

Changed “shall” to “must”

811.103(a)(2)

Board

Changed “shall” to “must”

811.103(a)(3)

Board

Changed “shall” to “must”

811.103(a)(4)

Board

Changed “shall” to “must”

811.103(a)(5)

Board

Changed “shall” to “must”; corrected the spelling of

“contructed” to “constructed”; added a comma after

“i.e.”

811.103(b)(1)

Board

Changed “shall” to “must”; added a comma after

“unless” to offset the parenthetical

811.103(b)(3)

Board

Changed “which” to “that” for a restrictive relative

clause; changed “shall” to “must”; changed "subsection

(a)" to "subsection (a) of this Section"

811.103(b)(4)

Board

Changed "shall" to "must"; added a comma after “i.e.”

811.103(b)(5)

Board

Changed "shall" to "must"; changed “meeting” to “that

meets”

811.106(a)

Board

Changed "shall" to "must"

811.106(b)

Board

Changed "subsection (a)" to "subsection (a) of this

Section"

811.106(c)

Board

Changed "subsections (a) and (b)" to "subsections (a)

and (b) of this Section"; added the bracketed statutory

citation “[415 ILCS 5/28.1]”; corrected “35 Ill. Adm.

Code 106” to “Subpart D of 35 Ill. Adm. Code 104”;

changed "this subsection" to "this subsection (c)";

changed “will” to “must”; added “fulfill the following

requirements”

811.106(c)(1)

Board

Added “they must”

811.106(c)(2)

Board

Added “they must”

811.106(c)(3)

Board

Added “they must”

---

 

16

811.106(c) Board note

Board

Added “this”; updated the citation to the

Code of

Federal Regulations

to the most recent edition,

including removal of the

Federal Register

citation

811.107(a)

Board

Added the ending period

811.107(a)(1)

Board

Changed "shall" to "must"; changed "shall mean" to

"means"; added a comma after "gas collection system"

to separate the final element of a series

811.107(a)(2)

Board

Changed "shall" to "must"

811.107(a)(3)

Board

Changed "shall" to "must"

811.107(b)

Board

Added the ending period

811.107(b)(1)

Board

Changed "shall" to "must"

811.107(b)(2)

Board

Changed "shall" to "must"

811.107(c)

Board

Added the ending period; changed "shall" to "must"

811.107(d)

Board

Added the ending period; changed "shall" to "must"

811.107(e)

Board

Added the ending period; changed "shall" to "must"

811.107(f)

Board

Added the ending period; added a comma before

"except" to offset a parenthetical

811.107(g)

Board

Added the ending period; changed "shall" to "must";

added a comma before "so as to prevent" to offset a

parenthetical

811.107(h)

Board

Added the ending period; changed "shall" to "must"

(twice); added a comma after "constructed" to separate

the final element of a series; added the bracketed

statutory citation “[415 ILCS 5/24]”

811.107(i)

Board

Added the ending period; changed "shall" to "must"

811.107(j)

Board

Added the ending period; changed "shall" to "must"

811.107(k)

Board

Added the ending period

811.107(k)(1)

Board

Changed "shall" to "must" (twice); corrected the

spelling of "liter" to "litter"

811.107(k)(2)

Board

Changed "shall" to "must"

811.107(l)

Board

Added the ending period; changed "shall" to "must"

811.107(m)

Board

Added the ending period

811.107(m)(1)

Board

Added a comma before "unless" to offset a

parenthetical; added “one of the following is true”

811.107(m)(1)(A)

Board

Removed the ending conjunction “or”

811.107(m)(1)(B) Board,

Agency

Changed the ending period to a semicolon; added the

ending conjunction “or”

811.107(m)(2)

Board

Added a comma before "unless" to offset a

parenthetical; added “one of the following is true”

811.107(m)(3)

Board

Added “the following definitions apply”

811.107(m)(3)(A)

Board

Changed “EPA” to “USEPA”

---

 

17

811.107(m) Board

note

Board,

Agency

Added “this”; changed “subsection (m)” to “subsection

(m)(1) through (m)(3)”; updated the citation to the

Code of Federal Regulations

to the most recent edition;

added “Subsection (m)(1)(C) is derived from . . .

(2004)”

811.310(b)

Board

Added the ending period

811.310(b)(l)

Board

Changed "shall" to "must"

811.310(b)(2)

Board

Changed "shall" to "must"

811.310(b)(4)

Board

Changed "shall" to "must"

811.310(b)(5)

Board

Changed "shall" to "must"

811.310(b)(6)

Board

Changed "shall" to "must"

811.310(b)(7)

Board

Changed "shall" to "must"; added a comma after

"leachate collection system" to separate the final

element of a series

811.310(b)(8)

Board

Changed "shall" to "must" (twice)

811.310(c)

Board

Added the ending period

811.310(c)(l)

Board

Changed "shall" to "must"

811.310(c)(4)

Board

Changed "shall" to "must"; changed "subsections (c)(5)

and (c)(6)" to "subsections (c)(5) and (c)(6) of this

Section"

811.310(c)(4)(B)

Board

Changed "subsection (a)(1)" to "subsection (a)(1) of

this Section"

811.310(c)(6)

Board

Changed "shall" to "must"

811.310(c) Board note

Board

Changed “changes to subsection (c)” to “those

segments of this subsection (c) that relate to MSWLF

unit”; updated the citation to the

Code of Federal

Regulations

to the most recent edition

811.310(d)

Board

Added the ending period

811.310(d)(l)

Board

Changed "shall" to "must"

811.310(d)(2)

Board

Changed "shall" to "must"; changed numeric "8" to

written "eight"

811.310(d)(3)

Board

Changed "shall" to "must"

811.310(e)

Board

Changed "subsection (c)" to "subsection (c) of this

Section"; added the bracketed statutory citation “[415

ILCS 5/28.1]”; changed “35 Ill. Adm. Code 106” to

“Subpart D of 35 Ill. Adm. Code 104”; changed “will”

to “must”; added “fulfill the following requirements”

811.310(e)(l)

Board

Added “they must”

811.310(e)(2)

Board

Added “they must”

811.310(e)(3)

Board

Added “they must”

811.310(e) Board note

Board

Corrected “subsection (d)” to “this subsection (e)”;

updated the citation to the

Code of Federal Regulations

 

to the most recent edition, including removal of the

Federal Register

citation

---

 

18

811.314(a)

Board

Changed "shall" to "must"

811.314(b)

Board

Added the ending period

811.314(b)(1)

Board

Changed "shall" to "must"

811.314(b)(2)

Board

Changed "shall" to "must"

811.314(b)(3)

Board

Changed "shall" to "must"

811.314(b)(3)(A)(i)

Board

Changed "shall" to "must"

811.314(b)(3)(A)(ii)

Board

Changed "shall" to "must"

811.314(b)(3)(A)(iii)

Board

Changed "subsections (b)(3)(A)(i) and (b)(3)(A)(ii)" to

"subsections (b)(3)(A)(i) and (b)(3)(A)(ii) of this

Section"

811.314(b)(3)(B)(i)

Board

Changed "shall" to "must"; changed "subsection

(b)(3)(A)" to "subsection (b)(3)(A) of this Section"

811.314(b)(3)(B)(ii)

Board

Changed "shall" to "must"

811.314(b)(3)(B)(iii)

Board

Changed "shall" to "must"; changed "which" to "that"

for a restrictive relative clause

811.314(b)(3)(C)

Board

Changed "this subsection" to "this subsection (b)"

811.314(b)(4)

Board

Changed "subsection (b)(3)" to "subsection (b)(3) of

this Section"; changed "shall" to "must"

811.314(c)

Board

Added the ending period

811.314(c)(1)

Board

Changed "shall" to "must"

811.314(c)(2)

Board

Changed "shall" to "must" (twice)

811.314(c)(3)

Board

Changed "shall" to "must"

811.314(c)(4)

Board

Changed "shall" to "must"; added a comma after

"freezing" to separate the final element of a series

811.314(d)

Board

Changed "subsection (b)" to "subsection (b) of this

Section"; changed "35 Ill. Adm. Code 106" to "Subpart

D of 35 Ill. Adm. Code 104"; added “fulfill the

following requirements”

811.314(d)(1)

Board

Added “they must”

811.314(d)(2)

Board

Added “they must”

811.314(d)(3)

Board

Added “they must”

811.314 Board note

Board

Changed "subsection (b)(4)" to "subsection (b)(4) of

this Section"; updated the citation to the

Code of

Federal Regulations

to the most recent edition (twice),

including removal of the

Federal Register

citation

(once); added “Those segments of subsection (a) . . . 40

CFR 258.4 (2004).”

813.101

Board

Changed "this Subpart" to "this Subpart A"; replaced

the parenthetical Illinois Revised Statutes citation “(Ill.

Rev. Stat. 1991, ch. 111 1/2, par. 1021(d))” with the

bracketed Illinois Complied Statutes citation “[415

ILCS 5/21(d)]”; added a comma after "814" to separate

the final element of a series

---

 

19

813.110(a)

Board

Changed "which" to "that" for a restrictive relative

clause; added “Section 813.112 or”

813.110(b)

Board

Added the bracket statutory citation “[415 ILCS

5/28.1]”; changed "35 Ill. Adm. Code 106" to "Subpart

D of 35 Ill. Adm. Code 104"

813.110(c)

Board

Changed "shall" to "must"; changed "35 Ill. Adm. Code

106" to "Subpart D of 35 Ill. Adm. Code 104"

813.110(c)(4)

Board

Changed "shall" to "must"; changed "subsection (f)(1)"

to "subsection (f)(1) of this Section"

813.110(d)

Board

Changed "subsection (b)" to "subsection (b) of this

Section"; added the bracket statutory citation “[415

ILCS 5/28.1]”; changed "35 Ill. Adm. Code 106" to

"Subpart D of 35 Ill. Adm. Code 104"

813.110(d)(4)

Board

Added a comma before "should the experiment fail" to

offset it as a parenthetical

813.110(e)

Board

Added the ending period; changed "subsection (d)" to

"subsection (d) of this Section"; changed "shall" to

"must" (twice); changed "Section 813.Subpart B" to

"Subpart B of Section 813"

813.110(e)(4)

Board

Added a comma after "removing" to separate the final

element of a series

813.110(e)(6)

Board

Changed "35 Ill. Adm. Code 811.Subpart G" to

"Subpart G of 35 Ill. Adm. Code 811"; changed "35 Ill.

Adm. Code:Chapter I" to "Chapter I of 35 Ill. Adm.

Code"

813.110(f)

Board

Added the ending period

813.110(f)(1)

Board

Added a comma after "after completion of the

experiment" to offset it as an introductory phrase;

changed "subsection (c)(4)" to "subsection (c)(4) of this

Section"; changed "shall" to "must"; added the

bracketed statutory citation “[415 ILCS 5/39]”

813.110(f)(1)(A)

Board

Changed "shall" to "must"; changed "subsection (c)(4)"

to "subsection (c)(4) of this Section"

813.110(f)(1)(B)

Board

Changed "35 Ill. Adm. Code:Chapter I" to "Chapter I of

35 Ill. Adm. Code"

813.110(f)(2)

Board

Changed "shall" to "must" (three times); changed "35

Ill. Adm. Code:Chapter I" to "Chapter I of 35 Ill. Adm.

Code"

 

ORDER

 

The complete text of the proposed amendments follows:

 

---

 

20

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

810.101 Scope and Applicability

810.102 Severability

810.103 Definitions

810.104 Incorporations by Reference

 

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

______________________.

 

Section 810.103 Definitions

 

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

---

 

21

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.

---

 

22

 

“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.

 

---

 

23

“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.

 

---

 

24

“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

---

 

25

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.

 

---

 

26

“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.

 

---

 

27

“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.

 

---

 

28

“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;

 

---

 

29

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.

---

 

30

 

“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

 

---

 

31

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

811.112 Recordkeeping Requirements for MSWLF Units

 

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

---

 

32

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

---

 

33

811.715 Self-Insurance for Non-commercial Sites

811.716 Local Government Financial Test

811.717 Local Government Guarantee

811.718 Discounting

811.719 Corporate Financial Test

811.720 Corporate Guarantee

 

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 between the Standards of the RCRA

Subtitle D MSWLF regulations and the Board’s nonhazardous waste

landfill regulations.

 

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

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

 

Section 811.103 Surface Water Drainage

 

a) Runoff From Disturbed Areas.

 

1) Runoff from disturbed areas resulting from precipitation events less than

or equal to the 25-year, 24-hour precipitation event that is discharged to

waters of the State shall must meet the requirements of 35 Ill. Adm. Code

304.

---

 

34

 

2) All discharges of runoff from disturbed areas to waters of the State shall

must be permitted by the Agency in accordance with 35 Ill. Adm. Code

309.

 

3) All treatment facilities shall must be equipped with bypass outlets

designed to pass the peak flow of runoff from the 100-year, 24-hour

precipitation event without damage to the treatment facilities or

surrounding structures.

 

4) All surface water control structures shall must be operated until the final

cover is placed and erosional stability is provided by the vegetative or

other cover meeting the requirements of Section 811.205 or 811.322.

 

5) All discharge structures shall must be designed to have flow velocities that

will not cause erosion and scouring of the natural or contructed

constructed lining, i.e., bottom and sides, of the receiving stream channel.

 

b) Diversion of Runoff From Undisturbed Areas.

 

1) Runoff from undisturbed areas shall must be diverted around disturbed

areas, unless the operator shows that it is impractical based on site-specific

conditions or unless the Agency has issued an RD&D permit that provides

otherwise pursuant to an adjusted standard issued under 35 Ill. Adm. Code

813.112(a)(1), relating to run-on control systems, and that permit is in

effect.

 

2) Diversion facilities

shall must be designed to prevent runoff from the 25-

year, 24-hour precipitation event from entering disturbed areas, unless the

Agency has issued an RD&D permit that provides otherwise pursuant to

an adjusted standard issued under 35 Ill. Adm. Code 813.112(a)(1),

relating to run-on control systems, and that permit is in effect.

 

3) Runoff from undisturbed areas which that becomes commingled with

runoff from disturbed areas shall must be handled as runoff from disturbed

areas and treated in accordance with subsection (a) of this Section.

 

4) All diversion structures shall must be designed to have flow velocities that

will not cause erosion and scouring of the natural or constructed lining,

i.e., the bottom and sides, of the diversion channel and downstream

channels.

 

5) All diversion structures shall must be operated until the final cover is

placed and erosional stability is provided by the vegetative or other cover

meeting that meets the requirements of Section 811.205 or 811.322.

 

---