IN THE MATTER OF
:
CLEAN CONSTRUCTION OR DEMOLITION
DEBRIS FILL OPERATIONS
(35 ILL. ADM. CODE PART 1100)
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S
OFFICE
JAN 12 2006
R06-19
STATE
OF ILLINOIS
Pollution Control Board
(Rulemaking -Land)
Dorothy Gunn, Clerk,
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
Matt Dunn
Environmental Bureau Chief
Office of the Attorney General
James R. Thompson Center
100 W. Randolph, 12t
h
Floor
Chicago, Illinois 60601
John Henrickson, Executive Director
Illinois Association of Aggregate Producers
1115 S. Second Street
Springfield, Illinois 62704
DATE
:
January 12, 2006
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
B
General Counsel
Office of Legal Counsel
Illinois Dept. of Natural Resources
One Natural Resources Way
Springfield, Illinois 62702-1271
Amy Antoniolli
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St.
Suite 11-500
Chicago, Illinois 60601
Tiffany Chappell
City of Chicago
Mayor's Office of Intergovernmental Affairs
121 N. LaSalle Street, City Hall
- Room 406
Chicago, Illinois 60602
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the
Illinois Pollution Control Board the PRE-FILED TESTIMONY OF JOYCE MUNIE, PAUL M
.
PURSEGLOVE, CHRISTIAN J. LIEBMAN and THOMAS HUBBARD,ERRATA SHEET #1,
andSUPPLEMENTAL STATEMENT, a copy of each of which is herewith served upon you
.
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
I`
I
StepA ie Flowers
Assistant Counsel
Division of Legal Counsel
REGEwED
CEERi
•
S OFFICE
1017
~„JEFORE THE ILLINOIS POLLUTION CONTROL BOARD
T
OF ILLINOIS
CLEAN CONSTRUCTION OR DEMOLITION
)
R06-19
DEBRIS FILL OPERATIONS
)
(Rulemaking -Land)
(35 ILL. ADM. CODE PART 1100)
)
SUPPLEMENTAL STATEMENT
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by and
through one of its attorneys, Stephanie Flowers, and submits the following SUPPLEMENTAL
STATEMENT to the Illinois Pollution Control Board ("Board") and the participants on the
Service List
.
This SUPPLEMENTAL STATEMENT addresses 35 Ill. Adm. Code 102.202(e), which
was unintentionally left unaddressed in the Illinois EPA's proposal filed with the Board on
November 21, 2005. The Board requested the Illinois EPA address subsection 102 .202(e) in the
Board Order dated December 1, 2005. Therefore, the Illinois EPA pursuant to 35 Ill . Adm. Code
102.202(e) and 102.202(k) states the following :
No published study or research report was used in developing the proposed 35 111. Adm
.
Code Part 1100 .
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
B
DATED : / - /2.- OC,
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
hanie Flowers
sistant Counsel
Division of Legal Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
IN THE MATTER OF
:
)
CLEAN CONSTRUCTION OR DEMOLITION
)
DEBRIS FILL OPERATIONS
)
(35 ILL. ADM. CODE PART 1100)
)
1
JAN 1 7 2006
R06-19
STATE OF ILLINOIS
(Rulemaking-Lanf~llution Control
Board
ERRATA SHEET NUMBER 1
NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by and
through one of its attorneys, Stephanie Flowers, and submits this ERRATA SHEET NUMBER 1
to the Illinois Pollution Control Board (`Board") and the participants on the Service List
.
SUBPART C: PERMIT INFORMATION
1100.301
Scope and Applicability
1100.302
Notification
1100.303
Required Signatures
1100.304
Site Location Map
1100.305
Facility Plan Mep-Mans
1100.306
Narrative Description of the Facility
1100.307
Proof of Property Ownership and Certification
1100.308
Surface Water Control
1100.309
Closure Plans Plan
1100.310
Postclosure Maintenance Plan
Section
1100.209
Postclosure Maintenance
The owner or operator must conduct postclosure maintenance in accordance with this Section
and the Agency permit for a minimum of one year after the Agency issues a certificate of closure
in accordance with Section 1100 .412 of this Part unless a shorter period of time for postclosure
maintenance is specified in the Agency permit. Reasons for which the Agency may specify a
shorter period of time for postclosure maintenance include, but are not limited to, conformance
with existing reclamation plan requirements, zoning requirements, local ordinances, private
contracts, or development plans .
a)
The owner or operator must remove all equipment or structures not necessary for
the postclosure land use, unless otherwise authorized by the Agency permit
.
b)
Maintenance and Inspection of the Final Cover
:
1)
Frequency of Inspections. The owner or operator must conduct a quarterly
inspection of all surfaces during closure and for a minimum of one year
after closure .
2)
All rills, gullies, and crevices six inches or deeper identified in the
inspection must be filled . Areas identified by the owner or operator or the
Agency as particularly susceptible to erosion must be recontoured
.
3)
All eroded and scoured drainage channels must be repaired and lining
material must be replaced if necessary .
4)
All holes and depressions created by settling must be filled and
recontoured so as to prevent standing water
.
5)
All reworked surfaces, and areas with failed or eroded vegetation in excess
of 100 square feet cumulatively, must be revegetated in accordance with
the approved closure plan for the facility
.
6) The Agency must approve postclosuro use of the property if the owneror
c) The Agency must approve postclosure use of the property if the owner or operator
demonstrates that the disturbance of the final cover will not increase the potential
threat to human health or the environment .
1100.304
Site Location Map
All permit applications must contain a site location map on the most recent United States
Geological Survey (USGS) quadrangle of the area from the 7 1/2 minute series (topographic)
that clearly shows the following information :
a)
The site boundaries, the facility boundaries, and all adjacent property extending at
least 1000 meters (3300 feet) beyond the facility boundaries
;
b)
All surface waters ;
c)
All potable water supply wells within 1000 meters (3300 feet) of the facility
boundaries ;
d)
All potable water supply well setback zones established pursuant to Section 14 .2
or 14.3 of the Act;
2
e)
Any wellhead protection areas pursuant to Section 1428 recharge zone and a
sole source aquifer designated by the United States Environmental Protection
Agency pursuant to Section 1424(e) of the Safe Water Drinking Act (42 USC
3000 .
f)
All main service corridors, transportation routes, and access roads to the site and
facility
.
1100.309
Closure Plan Plana
The permit application must contain a written closure plan that contains, at a minimum, the
following :
a)
Maps showing the configuration of the facility after closure of all units, including,
but not limited to, appropriate contours as needed to show the proposed final
topography after placement of the final cover for all filled areas
. All maps must
have a scale no smaller than one inch equals 200 feet
;
b)
Steps necessary for the temporary suspension of CCDD filling in accordance with
Sections 1100.208(a)(1)(B) or (a)(2) of this Part ;
c)
Steps necessary for closure of the facility at the end of its intended operating life ;
d)
An estimate of the expected year of closure ;
e)
Schedules for temporary suspension of CCDD filling and closure, which must
include, at a minimum, the total time required to close the facility and the time
required for closure activities that will allow tracking of the progress of closure
;
A description of how the applicant will comply with Section 1100 .208 of this
Part; and
A description of the final cover, including, but not limited to, the material to be
used as the final cover, application and spreading techniques, the types of
vegetation to be planted, and the types of roads or structures to be built pursuant
to Section 1100.208 of this Part .
3
DATED :
1
- / 2'"
1021 North Grand Ave. East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
4
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
B
S
anie Flowers
Assistant Counsel
Division of Legal Counsel
RECEIVED
CLERK'S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF :
)
CLEAN CONSTRUCTION OR DEMOLITION )
R06-19
DEBRIS FILL OPERATIONS
)
(Rulemaking -Land)
(35 ILL. ADM. CODE PART 1100)
)
TESTIMONY OF JOYCE MUNIEINSUPPORT OF
THE ENVIRONMENTAL PROTECTION AGENCY'S PROPOSAL TO ADOPT
35 ILL. ADM. CODE 1100
My name is Joyce Munie . I am the manager of the Permit Section within the Bureau of
Land ("BOL") at the Illinois Environmental Protection Agency ("Illinois EPA")
. I have been in
my current position since February of 1999 . The Permit Section is primarily responsible for
reviewing the technical adequacy of applications for solid waste management facilities to
determine compliance with the regulations found at 35 Ill. Adm. Code, Parts 701-726, 728, 730,
807, 810-814, 817, and 830-832
.
Prior to assuming my current position, I was the manager of the Solid Waste Unit within the
Permit Section of the Bureau of Land. I have also worked in the Permit Section in the Mine
Pollution Control Program at the Illinois EPA . I have been employed at the Illinois EPA since
1984 following the receipt of a B .S. degree in Thermal and Environmental Engineering from
Southern Illinois University at Carbondale . I have been a Registered Professional Engineer in
Illinois since 1990. I received a M .S. degree in Civil Engineering from Southern Illinois University
at Carbondale in 2002. A copy of my resume is attached (Attachment 1) .
Today I will be testifying in support of the proposed regulations for clean construction and
demolition debris fill operations at 35 Ill. Adm. Code, Part 1100 .
JAN 1 7 2006
STATE OF ILLINOIS
Pollution Control Boarc :
1
Section 1100.101- Applicability
These rules are meant to apply to a facility or a portion of a facility that accepts only
clean construction and demolition debris ("CCDD") for fill in a quarry, mine or other excavation
.
These rules do not apply to quarries, mines, or other excavations used for fill if the CCDD is
generated on the site where the filling is taking place .
Also these rules do not apply in the case
of an excavation, other than a quarry or mine, where the CCDD fill operation complies with the
Illinois Department of Transportation ("IDOT") specifications . The MOT specifications
applicable to the use of CCDD as fill can be found at Articles 107 .22 and 202.03 of IDOT's
Specifications for Road and Bridge Construction (January 1, 2002) (copy of relevant portions
attached). Questions have been raised over who may utilize the MOT specification exemption
.
Please note that the specifications require an "Engineer" to approve the use
. The term
"Engineer" as used in these specifications is specifically defined therein as an MOT engineer .
In
addition, the specifications discuss work that is being performed by a "Contractor ." The term
"Contractor" as used in the specification is specifically defined as an MOT contractor
. The
specifications also discuss cultural and biological resource surveys performed by MOT . Based
on the applicability and language of the specifications, it appears that the MOT specification
exemption would be limited to MOT projects .
These rules are not intended to apply to CCDD that is waste, or CCDD that is not being
used as fill, or any material that is not CCDD including any material generated during the mining
or quarrying operation. These rules also do not apply to the portion of a site thatis not used for
the CCDD fill operation
.
2
Section 1100.130-Severability
This Section is standard language used throughout Illinois Pollution Control Board
("Board") regulation necessary to ensure that if any portion of the regulation were determined to
not be in effect, the remainder of the proposed rules would continue to be effective .
Section 1100.201- Prohibitions
Facilities regulated under the proposed rules are prohibited from conducting any CCDD
fill operation in violation of the standards . This is standard language used in regulation of land
based facilities. Also, CCDD fill operations can accept only CCDD, including uncontaminated
soil, for use as fill and are prohibited from locating within a setback zone of a potable water
supply well in accordance with the Illinois Environmental Protection Act ("Act") .
Section 1100.301-Scope and Applicability
Subpart C of Part 1100 describes the permit requirements for all persons seeking a permit
for CCDD fill operations. Subpart C defines the requirements for the permit application and the
standards for review
.
Section 1100.302 -Notification
A notice of application must be sent to the State's Attorney and the Chairman of the
County Board of the county in which the facility is located, each member of the General
Assembly from the legislative districts in which the facility is located, and the clerk of each
municipality located within three miles of the facility . The application must include proof that
the notification has been made . This language is consistent with other language throughout the
Board regulations relating to BOL permits . The purpose of the notice provisions is to ensure that
local officials are informed of activities in their jurisdiction in a timely manner. This allows the
local officials to be responsive to their constituency in case there are any questions regarding
activities in their area of responsibility.
Section 1100.303-Required Signatures
All permit applications must contain the name, address, and telephone number of the
owner of the land as well as the operator. Applications must be signed by both the owner and
operator. If the application is signed by a duly authorized agent of the owner or operator, the
application must contain, the information for the duly authorized agent
.
All signatures must be
notarized to ensure the validity of the signature
.
This Section further defines who can qualify as a duly authorized agent . The duly
authorized agent is a person that has specific permission to sign an application for an owner or
operator and accept inquiries and correspondence on the part
-of the owner or operator . For a
corporation, a duly authorized agent is a principal executive officer of at least the level of vice
president. A duly authorized agent for a sole proprietorship is the sole proprietor and for a
partnership it is a general partner . For a municipality, state, federal or other public agency, a
duly authorized agent is the head of the agency or ranking elected official
.
The persons defined in this Section as duly authorized agents may designate another
person to sign the application on their behalf by submitting with the application an oath or
affidavit attesting to the agent's authority to sign on behalf of the owner or operator . This
language is consistent with other language throughout the Board regulations relating to BOL
permits .
4
The requirement to have land owners as well as the operators sign an application is also
a standard requirement for all applications for land based units . This requirement ensures that
the owner of land, where material is permanently placed, will be fully informed and aware of
activities on their land. This is particularly important for fill operations where the land will be
permanently altered and affected by the operation. This is also consistent with the legislative
mandate for the interim authorizations for these types of operations under Section 25
.5 1(b)(1)(B)
of the Act, which requires the signature of both the land owner and operator .
Section 1100.401 - Purpose of Subpart
Subpart D describes the procedures for permit applications and the Agency's
requirements for review of permit applications for CCDD fill operations . This Subpart contains
standards for approval as well as denial and also provides Agency deadlines for review of permit
applications.
Section 1100.402-Delivery of Permit Application
This Section requires that permit applications must be submitted on specific forms
developed by the Agency for the purpose of allowing an applicant to demonstrate compliance
with Part 1100. Further, it allows that an applicant can request, and the Agency must provide, a
dated and signed receipt for the submission of an application. The Agency's record of receipt of
an application is deemed conclusive unless a contrary date can be established by a dated and
signed receipt. This language is consistent with other language throughout the Board regulations
relating to BOL permits .
5
In practice, the receipt is generally recognized as the card that is returned when a
submission is made by certified mail . This is often referred to as a "green card" because of the
color of the form used by the U.S. mail service. However, the receipt can also be the signed
form provided by a commercial delivery service such as UPS
.
Section 1100.403 -Agency Decision Deadlines
The Agency must make a final decision on an application within 90 days of receipt of
the application. Pursuant to Section 39 of the Act, if no final action is taken within 90 days of
receipt of the application, the permit is deemed to be issued
.
Subsection (b) of this Section 1100 .403 provides procedures for the Agency to
determine if the information and documentation is sufficient to allow for a review or if the
application is incomplete . If the application is incomplete, the Agency must inform the
applicant within 30 days of the original filing date and provide the applicant with the reasons
.
The determination of incompleteness can either be treated by the applicant as a permit denial
for purposes of an appeal or the applicant can submit the information required to make the
application complete and allow the Agency to move forward with a review . This language is
consistent with other language throughout the Board regulations relating to BOL permits
.
Subsection (c) allows the applicant to provide a waiver of the 30-day deadline to the
Agency. Such waiver must be in writing prior to the deadline. Waivers allow an applicant to
work with the Agency on deficiencies that are found in the application that can be cured with
additional information or design changes . This waiver provision is consistent with other
r
language throughout the Board regulations relating to BOL permits . This waiver provision
will provide the same practical process as in other land based application processes whereby
6
deficiencies are identified, provided to the applicant, and the applicant is given an opportunity
to correct the deficiencies and avoid a denial which would necessitate a resubmission of the
entire application .
Subsection (d) of this Section includes provisions for an applicant to modify the permit
application at any time prior to the Agency deadline. When an application is modified, the
additional information is considered a new application for purposes of calculating the Agency
decision deadline. This allows the Agency sufficient time to review the additional information
.
Subsection (e) requires all notices of the final decision by the Agency to be mailed by
registered or certified mail with a return receipt . The final action is deemed to have taken
place on the date that the final action is signed . This language is consistent with other
language throughout the Board regulations relating to BOL permits .
Section 1100.404-Standards for Issuance of a Permit
This language is standard language for a permitting program from Section 39 of the
Act. This Section requires the Agency to issue a permit when the applicant demonstrates that
the facility will not cause a violation of the Act or Board rules . This Section also requires the
Agency to impose any conditions necessary to accomplish the purposes of the Act when they
are not inconsistent with Board rules .
Section 1100.405-.Standards for Denial of a Permit
This language is standard language for a permitting program from Section 39 of the
Act. This Section requires the Agency to provide to the applicant a detailed statement of the
reasons for denial within the time deadlines specified in Part 1100. This Section also requires
7
that the Agency include the specific Section of the Act or the regulations that would be violated
if a permit were issued .
Section 1100.406-Permit Appeals
This language is standard language for a permitting program from Section 40(a)(1) of
the Act regarding the rights of an applicant to appeal a denial or any condition placed in a
permit .
Section 1100.407-Permit No Defense
This language is consistent with other language throughout the Board regulations
relating to BOL permits. This provision advises that a permittee cannot use the fact that a
permit was granted as a defense to a violation of the Act or Board regulations with the
exception being as a response to a violation that the facility does not have a permit
.
Section 1100.408-Term of Permit
The permits issued under Part 1100 will have a term of 10 years . Having an expiration
of a permit allows the Agency to specifically re-evaluate an operation on a routine basis . The
permit term of 10 years was chosen due to the nature of these types of facilities since many are
expected to close within that period and any that continue beyond that time would be larger and
would need to be re-evaluated to ensure that any new technology or requirements needed for
the operation remain current. The permits for these facilities must be maintained until the final
maintenance under the post-closure requirements are complete, which is a standard
8
requirement for land based facilities. This Section also includes standard permit compliance
language that is based on Section 30 of the Act
.
Section 1100.409-Transfer of Permits
This language is consistent with other language throughout the Board regulations
relating to BOL permits. A permit can be transferred to a new owner or operator through a
permit modification application . The permit modification application must demonstrate that the
new owner and operator can comply with the regulations under Part 1100
.
Section 1100.410-Procedures for the Modification of Permits
This language is consistent with other language throughout the Board regulations
relating to BOL permits . An owner or operator can request a modification to the permit by
submitting an application demonstrating that the modification will comply with the applicable
portion of the regulations under Part 1100
.
Also, the Agency can modify a permit under the specified conditions . This includes
discovery of a typographical or calculation error, discovery that a determination made or a
condition imposed was based upon false or misleading information, an order by the Board, or
promulgation of new statutes or regulations affecting the permit. An Agency initiated
modification cannot take effect until after 45 days of receipt of the modification by the owner
or operator. This time-period allowsthe owner or-operator to request a-reconsideration of the
modification to the Agency or file a petition with the Board to appeal the modification . This
language is consistent with other language throughout the Board regulations relating to BOL
permits
.
9
Section 1100.411-Procedures for the Renewal of Permits
This language is consistent with other language throughout the Board regulations
relating to BOL permits. This Section requires an application for renewal be submitted to the
Agency at least 90 days prior to the expiration date of the permit . This time is consistent with
the period of time allowed the Agency to review an application. If an application is filed by
this deadline, it is considered timely filed and
will
remain in effect until a final decision is
made by the Agency
.
An application for renewal only needs to contain the information that has changed since
the last permit issued and be signed by the owner and operator. The renewal application is
subject to all the same time frames, waiver provisions, and appeal provisions as any permit
application regulated under Part 1100
.
Section 1100.412-Procedures for Closure and Postclosure Maintenance
This language is standard language for a permitting program and is consistent with
other language throughout the Board regulations relating to BOL permits . Under this Section,
the owner or operator must inform the Agency within 30 days of the last receipt of waste
.
This is needed to ensure that deadlines that follow the last receipt of waste are met . After the
closure of the facility is complete, a certification of the completion of closure is submitted to
the Agency. This certification contains documentation demonstrating that the facility was
closed in accordance with the approved closure plan. The certification must include an
affidavit by the owner or operator and a seal of a licensed professional engineer that the facility
1 0
vegetation growing on nonpaved areas and that the surface contains no cracks due to settling,
or rills or gullies due to surface water runoff
.
The Agency must notify the owner or operator in writing within 90 days of the receipt
of the certification that the permit is terminated unless the Agency determines based on the
information received in the certification or an Agency site visit that continued maintenance is
necessary
.
The site investigation is typically performed after all work is complete and a
certification has been submitted. Due to the fact that the Agency must rely heavily on the
certification to make the determination, the seal of a licensed professional engineer is needed to
ensure protection of human health and the environment and to release the applicant of any
further regulatory requirements of Part 1100
.
The owner or operator has the ability to appeal the decision made by the Agency
regarding this certification and termination of permit
.
By :
Joyce L. M
, P .
I/9/0.;
Date :
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
THIS FILING IS SUBMITTED ON RECYCLED PAPER
1 2
Munie
Attachment 1
Joyce Munie, P.E.
December, 1983
June, 1990
August, 2002
October 1, 1984-
July 1, 1992
July 1, 1992 -
November 1, 1994
November 1, 1994-
February 1, 1999
February 1, 1999 -
Present
B.S. Thermal and Environmental Engineering
Southern Illinois University at Carbondale
Professional Engineer
State of Illinois License
M.S. Civil Engineering/ Environmental Engineering
Southern Illinois University at Carbondale
Illinois EPA Mine Pollution Control Program
Environmental Protection Engineer I
- IV
Duties included reviewing permit applications for compliance with the
Illinois Environmental Protection Act and rules adopted thereunder,
reviewing applications for compliance with the Surface Mining Control and
Reclamation Act under an inter-agency agreement, reviewing the regulations
and proposing changes, field investigation of coal mines in the northern half
of Illinois for compliance with NPDES permits, and, starting in 1990, Permit
Section Manager with the responsibility of assuring that permits for coal
mines throughout the state were issued in compliance with all rules and
regulations and that reviews under the inter-agency agreement were in
accordance with the agreement .
Illinois EPA Bureau of Land Permit Section
Assistant Solid Waste Unit Manager
Duties included reviewing permit applications for solid waste management
sites for.compliance with the Illinois Environmental Protection Act and rules
adopted thereunder, reviewing the regulations and proposing changes,
preparation of the application to USEPA to demonstrate compliance with
RCRA Subtitle D, supervising a Sub-Unit of engineers and filling in for the
Unit Manager when absent .
Illinois EPA Bureau of Land Permit Section
Solid Waste Unit Manager
With the responsibility of assuring that permits for non-hazardous waste
landfills, transfer stations and compost facilities throughout the state were
issued in compliance with all rules and regulations . Duties included
supervising a Unit of engineers that reviewed permit applications for solid
waste management sites to determine compliance with the Illinois
Environmental Protection Act and rules adopted thereunder, reviewing the
regulations and proposing changes
.
Illinois EPA Bureau of Land Permit Section
Manager
With the responsibility of issuing permits for waste management facilities
throughout the state in compliance with all rules and regulations adopted
under the Illinois Environmental Protection Act. Duties include managing 7
units ofengineers and geologists thatreview permit applications for solid
waste management sites to determine compliance with the Illinois
Environmental Protection Act and rules adopted thereunder, reviewing the
regulations and proposing changes
.
Standard Specifications
for Road and Bridge
Construction
Adopted January 1, 2002
Illinois Department of Transportation
Illinois Department of Transportation
Departmental Policies
DBE-2
March 1, 2001
STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION
1
.
POLICY .
Road and bridge construction shall be performed according to the
standards set forth in this Policy.
2 .
PURPOSE. The purpose of this Policy is to provide for the publication of a book
prescribing the Standard Specifications for Road and Bridge Construction
.
a .
GUIDELINES FOR IMPLEMENTATION. The book outlines the general
requirements
and
covenants
applicable
to all highway
construction
improvements as well as provisions relating to materials, equipment, and
construction requirements for individual items of work (as defined in the book) on
road and bridge construction projects awarded by the Department .
The book provides detailed requirements on such subjects as
:
a .
General Requirements and Covenants
b .
Earthwork, Landscaping, Erosion Control
c.. Subgrades, Subbases, and Base Courses
d .
Surface Courses, Pavements, Rehabilitation, and Shoulders
e.
Structures
f. Incidental Construction
g .
Work Zone Traffic Control, Signing, and Pavement Marking
h .
Electrical Requirements
I.
Materials
j .
Equipment
4 .
RESPONSIBILITIES. The Division of Highways and its Districts shall Implement
the standards published in the book accompanying this Policy
.
5 .
ACCESSIBILITY .
Copies of this Policy may be obtained from the Bureau of
Design ant Environment in the Harry R . Hanley Building. This Policy may be
examined in the Hanley Building Library and in each of the nine District Highway
Offices. Copies of this book may be obtained from the Bureau of Highways
Administration, in the Hanley Building .
CLOSING NOTICE. Supersedes
:
Departmental Policy DES-6, Standard
Specifications for Road and Bridge Construction .
Approved:
Definition of Terms
Art. 101 .10
construction of the work in an acceptable manner, including authorized extensions
thereof, all of which constitute one instrument .
101 .10
Contract Bond .
The approved form of security furnished by the
Contractor and his/her surety as a guaranty that the Contractor will execute the work
according to the terms of the contract .
101 .11
Contract Time
.
The number of working days or calendar days or
combination allowed for completion of the contract, including authorized time
extensions .
When a calendar date of completion is shown in the proposal, the contract shall
be completed on or before that date .
101.12
Contractor .
The individual, firm, partnership, joint venture, or
corporation contracting with the Department for performance of prescribed work
.
101.13
Culvert .
A drainage structure extending across and beneath a
traveled way and having a tubular or box type cross section .
101.14
Department. The Department of Transportation of the State of Illinois
with principal offices of business at Springfield, when the State is the awarding
authority
.
The County Board, when a County is the awarding authority .
The Council, the City Council, or the President and Board of Trustees, when a
city, village, or town is the awarding authority
.
The County or Municipality and the Illinois Department of Transportation when
the Illinois Department of Transportation is the awarding agency and the County or
Municipality is supervising construction
.
101 .15
District Engineer. The Engineer in complete charge of the district in
which the work under contract is located
.
101 .16
Engineer.
The Director of Highways of the Department of
Transportation of the State of Illinois; or authorized representative limited by the
particular duties entrusted to that person, when the State is the awarding authority
.
The County Superintendent of Highways, when Cook County is the awarding
authority, and the County Engineer, when any other county is the awarding authority .
The County Superintendent of Highways, when the project is in Cook County, the
County Engineer when the project is in any other county and the Illinois Department
of Transportation when the Illinois Department of Transportation is the awarding
authority and the County is supervising construction
.
The City Engineer or Engineer employed by the municipality, when a city, village
or town is the awarding agency. The City Engineer or Engineer employed by the
municipality, and the Illinois Department of Transportation when the Illinois
Department of Transportation Is the awarding agency and a city, village or town is
supervising construction .
3
Legal Regulations and Responsibility To Public
Art. 107.21
in an acceptable manner . If the Contractor fails to do so, the Engineer may, after the
expiration of a period of 48 hours after giving the Contractor notice in writing, proceed
to repair, rebuild, or otherwise restore such property as may be deemed necessary,
and the cost thereof shall be deducted from any compensation due, or which may
become due, the Contractor under this or any other contract between the Department
and the Contractor .
The Contractor shall remove all mailboxes within the limits of construction which
interfere with construction operations and shall erect them at temporary locations
.
As soon as construction operations permit, the Contractor shall set the mailboxes
at their permanent locations .
This work shall be performed as directed by the
Engineer. The Contractor shall replace, at the Contractor's expense, any mailbox or
post which has been damaged by the Contractors operations
.
The cost of all materials required and all labor necessary to comply with the
above Provisionss will not be paid for separately, but shall be considered as included
in the unit bid prices of the contract, and no additional compensation will be allowed .
107 .21
Protection
and
Preservation
of
Aboriginal
Records
and
Antiquities. The Contractor shall take reasonable precautions to avoid disturbing
aboriginal records and antiquities of archaeological, paleontological, or historical
significance. No objects of this nature shall be disturbed without written permission of
the Engineer. When such objects are uncovered unexpectedly, the Contractor shall
notify the Engineer of their presence and shall not disturb them until written
permission to do so is granted .
If it is determined by the Engineer, in consultation with the Illinois Historic
Preservation Agency, that exploration or excavation of aboriginal records or
antiquities on land owned or leased by the State is necessary to avoid loss, the
Contractor shall cooperate in the salvage work attendant to preservation. If the
Engineer determines the salvage work will delay the Contractor's work, an
appropriate extension of contract time will be granted .
107.22
Environmental Review of Proposed Borrow Areas, Use Areas,
and/or Waste Areas. Proposed borrow areas, use areas (including, but not limited to
temporary access roads, detours, and runarounds, plant sites and staging and
storage areas), and/or waste areas are to be designated by the Contractor to the
Engineer and approved prior to theirr use . A location map showing the size limits of
the proposed borrow area, use area, and/or waste area shall be submitted to the
Engineer for approval along with an agreement from the property owner granting the
Department permission to conduct cultural and biological resource reconnaissance
surveys of the site for archaeological resources, threatened or endangered species or
their designated essential habitat, wetlands, prairies, and savannahs . The Engineer
will initiate cultural and biological resource reconnaissance surveys of the site, as
necessary, at no cost to the Contractor. The Engineer will advise the Contractor of the
expected time required to initiate and complete all surveys and will allow the
Contractor the opportunity to choose another side prior to Initiation . If the proposed
area is wkhfn 45 m {130 ft) of the trighway right of way, a topographic map of the
proposed site will be required as specified In Article 204 .02 .
(a) Archaeological Resources. If potentially significant archaeological resources
are identified, the Contractor shall have the option of choosing another site
33
Art. 107.22
Legal Regulations and Responsibility To Public
or paying for additional archaeological testing. If the Contractor chooses the
option of additional testing, the Engineer will obtain a time and cost proposal
for the Contractor's approval prior to the testing work being done .
The
archaeological testing may result in three possible conclusions
:
(1) Results of the tests show that no further archaeological work is
warranted and the site is approved, or
(2) Results of the test indicate that salvage work is warranted and the
Contractor shall have the option of selecting another location or paying
for the salvage operations, or
(3) Results of the tests indicate the site is of National Register quality and
the site cannot be approved .
If the area is approved as a borrow area, use area, and/or waste area,
the Contractor shall obtain as part of the agreement with the property
owner, the release of ownership of any artifacts found on the site. The
agreement shall also provide that such artifacts will become the
property of the State of Illinois .
The Contractor shall furnish copies of the proposed and final agreement
to the Engineer for approval
.
In the event hydraulic fill or commercial material from rock quarries,
waste material, etc., is to be used,
a
reconnaissance survey for
archaeologicaF resources will be conducted only if disturbance of
previously undisturbed areas is required to provide such material
.
(b) Wetlands. If the results of the biological resource reconnaissance survey
indicate wetlands may be adversely affected by the proposed borrow area,
use area, and/or waste area, the Engineer shall not approve the area for use
unless the Contractor provides documentation of concurrence from the
Illinois Department of Conservation in the following
:
(1) There is no feasible alternative to the proposed action which adversely
affects wetlands, and
(2) The proposal for use of the area includes all practicable measures to
minimize adverse impacts to the wetland and to provide appropriate
compensation for any unavoidable adverse impacts . In addition, when
a proposed borrow area, use area and/or waste area may involve the
discharge of material into wetlands, the Engineer shall not approve the
area for use unless the Contractor provides evidence of necessary
permit approval from the U . S. Army Corps of Engineers .
(c) Threatened and Endangered Species .
If the results of the biological
resource reconnaissance survey indicate threatened or endangered species
or theirdesignated essential habitat may be affected by the proposed borrow
area, use area, and/or waste area, the Engineer shall not approve the area
for use unless the Contractor provides evidence of compliance with the
consultation requirements of the Illinois Endangered Species Protection Act
34
Legal Regulations and Responsibility To Public
Art. 107.23
and has received from the Illinois Department of Conservation one of the
following findings:
(1) The action may promote the conservation of a listed species or its
essential habitat, or
(2) The action is not likely to jeopardize a listed species or its essential
habitat.
If the Department of Conservation advises the proposed action may be
likely to jeopardize a listed species or its essential habitat, the Engineer
shall not approve the site
.
(d) Forested Areas, Prairies, and Savannahs. If the results of the biological
resource reconnaissance survey indicate that forested areas, prairies, or
savannahs may be adversely affected by the proposed borrow area, use
area, and/or waste area, the Engineer will recommend the Contractor
minimize harm to such areas by selecting alternative sites, where practical,
and by providing replacement plantings of trees or prairie vegetation, as
appropriate. Such plantings may be recommended for the borrow area, use
area, and/or waste area, subject to the approval of the property owner, or on
highway right of way
.
107.23
Protection
of
Streams, Lakes, Reservoirs, Natural
Areas,
Wetlands, Prairie Areas, Savannahs; and Endangered and Threatened Species
.
The Contractor shall take sufficient precautions to prevent pollution of streams, lakes,
reservoirs, and wetlands with fuels, oils, bitumens, calcium chloride, or other harmful
materials. The Contractor shall conduct and schedule operations so as to avoid or
minimize siltation of streams, lakes, reservoirs, and wetlands. Where, in the opinion
of the Engineer, the land has a high potential for erosion, the areas exposed by
construction operations at any one time will be subject to approval by the Engineer,
and the duration of the exposure of the uncompleted construction to the elements
shall be as short as practicable
.
Erosion control features shall be constructed
concurrently with other work as directed by the Engineer
.
The Contractor shall not disturb designated natural areas, wetlands, Identified
locations where State or Federal-listed endangered or threatened species are known
to occur, or areas that have been designated as essential habitat for such species, or
prairie or Savannah areas where the Department has made commitments for
protection of these locations/areas . Also, If previously unidentified natural areas,
wetlands, prairies, savannahs, or areas or locations suspected of containing
protected species are identified during construction, the Contractor shall not disturb
them unless written permission to do so is granted by the Engineer
.
If the Engineer determines measures are necessary to mitigate project effects on
natural areas, wetlands, prairies, savannahs, protected species, or essential habitat
located on land owned or leased by the State, the Contractor shall cooperate in
accomplishing these measures. If the Engineer determines such mitigation work for
natural areas, wetlands, prairies, savannahs, or endangered and threatened species
concerns will delay the Contractor's work, an appropriate extension of contract time
will be granted
.
35
Earth and Rock Excavation
Art. 202.01
202.01
Description
.
This work shall consist of the excavation and
transportation of suitable excavated material to embankment locations throughout the
limits of the contract or the excavation, transportation, and disposal of excavated
material. This work does not include excavation for structures or channel excavation .
CONSTRUCTION REQUIREMENTS
202.02
Clearing, Tree Removal, and Protection of Existing Plant Material
.
Prior to starting excavation operations in any area, all clearing, tree removal and
protection of existing plant material in that area shall be performed according to
Section 201
.
202.03
Removal and Disposal of Surplus, Unstable, and Unsuitable
Materials and Organic Waste. Suitable excavated materials shall not be wasted
without permission of the Engineer. The Contractor shall dispose of all surplus,
unstable and unsuitable materials and organic waste, in such a manner that public or
private property will not be damaged or endangered .
Suitable earth, stones and boulders naturally occurring within the right of way
may be placed in fills or embankments in layers and compacted according to Section
205. Broken concrete without protruding metal bars, bricks, rock stone, reclaimed
asphalt pavement with no expansive aggregate or uncontaminated dirt and sand
generated fromm construction or demolition activities may be used in embankment or in
fill. If used in fills or embankments, these materials shall be placed and compacted to
the satisfaction of the Engtneer,shaf be buried under a minimum of 600 mm (2 f) of
earth cover (except when the materials include only uncontaminated dirt) ; and shall
not create an unsightly appearance or detract from the natural topographic features of
an area. Broken concrete without protruding metal bars, bricks, rock, or stone may
be used as riprap as approved by the Engineer. If the materials are used for fill in
locations within the right of way but outside project construction limits, the Contractor
must specify to the Engineer, in writing, how the landscape restoration of the fill areas
will be accomplished . Placement of fill in such areas shall not commence until the
Contractor's landscape restoration plan is approved by the Engineer
.
Aside from the materials listed above, all other construction and demolition
debris or waste shall be disposed of in a licensed landfill, recycled, reused, or
otherwise disposed of as allowed by State or Federal solid waste disposal laws and
regulations and solid waste determinations of the IEPA
.
A permit shall be obtained from IEPA and made available to the Engineer prior to
open burning of organic waste
(i.e., plant refuse resulting from pruning or removal of
trees or shrubs) or other construction or demolition debris . Organic waste originating
within the right-of-way limits may be chipped or shredded and placed as mulch
around landscape plantings within the right of way when approved by the Engineer.
Chipped or shredded material to be placed as mulch shall not exceed a depth of 150
mm (6 in.).
When the Contractor proposes to dispose of surplus excavated material off the
right of way, the Contractor shall obtain and file with the Engineer permission in
writing, from the property owner, for the use of the property for this purpose . The
approval of the proposed disposal sight shall be according to Article 107.22. Any
71
Art. 202.04
Earth and Rock Excavation
such disposal shall not create an unsightly or objectionable appearance or detract
from the natural topographic features,, nor be placed at an elevation higher than that
of the adjacent roadway without permission from the Engineer
.
All unstable and unsuitable material, including excavated material from sewer
trenches or other underground construction, shall be excavated or removed and
replaced with material acceptable to the Engineer . Unstable and unsuitable material
shall not be used in embankments. If unsuitable material is present at or below the
finished grade, it shall be removed and replaced with subbase granular material Type
A or Type B, according to Section 311 . Unsuitable material shall be placed as
directed by the Engineer within the right of way or disposed of by the Contractor
outside of the right of way
.
202.04
Classification. Excavation material will be classified by the Engineer .
All excavation will be classified as Earth Excavation, except those materials provided
for in Rock Excavation, Excavation for Structures, Channel Excavation, and Rock
Excavation in Channel .
Rock Excavation shall consist of the excavation from the roadway of boulders 0 .5
cu m (1/2 cu yd) in volume or greater and all rock in ledges, bedded deposits and
conglomerate deposits exhibiting the physical characteristics and difficulty of rock
removal as determined by the Engineer.
Rock shall be excavated to a minimum of 75 mm (3 in.) below the subgrade of
the proposedd pavement,
surface
course or base course and backfilled with subbase
granular material Type A or Type B to the elevations shown on the plans .
The
surface of the rock excavation shalt be free from projecting points, ribs, crevices or
undrained pockets. The method of rockremoval shall be the option of the Contractor
.
However, excessive blasting or overshooting
will
not be permitted .
202.05
Drainage .
The excavation shall be maintained so that positive
drainage is provided at all times. Ditches and waterways shall be constructed and
maintained to the lines, grades and cross sections shown on the plans .
The
Contractor shall also excavate a ditch at the toe of slope for fills and at the top of
slope for cuts at locations designated by the Engineer at the earliest opportunity
during construction to control runoff from the embankment or cut section. Material
excavated from ditches at the top of slope of cuts shall be placed in a windrow
between the ditch and top of slope.
If during the prosecution of the work, it is necessary to interrupt existing sewer or
under drainage to complete contract requirements, temporary drainage facilities shall
be provided until the permanent drainage work has been completed. The Contractor
shall preserve and protect all existing sewer and drainage facilities within the limits of
the contract. The Contractor shall be responsible for all cost associated with the
repair of sewer or drainage facilities damaged due to negligence on the Contractor's
part .
202.06
Excavation for Base Course Widening and Bituminous Shoulders
for Pavement Resurfacing .
Excavation for the construction of base course
widening and for bituminous shoulders when the existing pavement is not to be
widened shall be performed according to the details shown on the plans or as
directed by the Engineer. The excavated material shall be used to backfill the
72
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
IN THE MATTER OF
:
)
CLEAN CONSTRUCTION OR DEMOLITION
)
DEBRIS FILL OPERATIONS
)
(35 ILL. ADM. CODE PART 1100)
)
TESTIMONY OF THOMAS W. HUBBARD IN SUPPORT OF THE ILLINOIS
ENVIRONMENTAL PROTECTION AGENCY'S PROPOSAL TO ADOPT 35 ILL
.
ADM. CODE SECTION 1100
My name is Thomas W. Hubbard. I am an environmental engineer in the Solid Waste
Unit of the Permit Section in the Bureau of Land of the Illinois Environmental Protection
Agency. I have been at my current position since December 1999
.
I receive a B.S . in
Civil Engineering in 1991 from Bradley University in Peoria and a M .S. in
Environmental Engineering in 1993 from Virginia Polytechnic Institute and State
University (Virginia Tech) in Blacksburg, Virginia. My resume is attached. Today I will
be testifying in support of new regulations proposed for 35 Ill . Adm. Code Section 1100,
specifically Sections 1100.104, 1100.210, and 1100.211
.
Section 1100.104: Incorporation by Reference
Test Methods for Evaluating Solid Waste, Physical/Chemical methods, EPA Publication
SW-846 (SW-846) was referenced for Section 1100.205: Load Checking .
Section
1100.205 requires using a PD, or F1D, or other device approved by the Illinois EPA
. To
insure proper setup, calibration, and operation of the device(s), SW-846 is referenced,
specifically the quality control section
.
SW-846 is the most commonly used method for
JAN 1 7 2006
STATE OF ILLINOIS
R06-19
Pollution Control Board
(Rulemaking -Land)
environmental sampling, is commonly used throughout the Board rules, and is generally
regarded as the standard minimum requirement for ensuring protection of human health
and the environment
.
Section 1100.210: Recordkeeping Requirements
The recordkeeping requirements language is consistent with language throughout the
Board regulations relating to BOL permits and is consistent with language included in
other BOL permits. The opening paragraph informs the owner or operator of his
responsible for maintaining records at a designated location and of the Agency's right to
inspect and copy the records during normal business hours. Subsection (a) is required to
allow Agency inspectors to confirm or deny questions about the operation and design of
the facility without having to either carry all the permits, applications, and annual reports
to the site or return to their office. Subsection (b) is required so that Agency inspectors
can confirm that the owner or operator is conducting load checking inspections and
training in accordance with Section 1100 .205 of Part 1100
.
Section 1100.211 : Annual Reports
The annual report requirement allows the Agency to track the progress of each facility
and determine the active life and estimated closure dates of each facility . Subsection (a)
is required to calculate the amount of fill the facility added in the previous year and to
determine the percentage of contaminated loads that were rejected by the facility . The
information required by subsection (b) will be used by the Agency to calculate the
estimated active life of the facility. Subsection (c) is required to alert the Agency to any
changes in the facility's operation. Subsection (d) is required for all applications and
annual reports submitted to the Agency .
w
Thomas W. Hubbard
Date :
alms
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield, IL
62794-9276
Thomas W. Hubbard
1021 North Grand Ave. East, P.O. Box 19276
Springfield, Illinois 62974-9276
(217) 524-3286
Education
Bradley University, Peoria, Illinois - May 1991
Bachelor of Science in Civil Engineering
Virginia Polytechnic Institute and State University (Virginia Tech),
Blacksburg, Virginia- July 1993
Master of Science in Environmental Engineering
Employment
Illinois Environmental Protection Agency, Springfield, Illinois - 1999 to present
Environmental Protection Engineer
As permit engineer in the Permit Section, reviewed non-hazardous waste
management permit applications for compliance with the Illinois
Environmental Protection Act and Illinois regulations
.
•
Attended inspections of non-hazardous waste management facilities in
Illinois .
•
Attended public hearings concerning the issuance of landfill permits
.
•
Responded to oral and written inquiries regarding waste management
regulations in Illinois .
•
Completed continuing education courses related to waste management
.
•
Assisted with the training of new employees
.
•
Managed and updated stored letters
.
Virginia Polytechnic Institute and State University, Blacksburg, Virginia -
1991-1993
Graduate Assistant
Conducted research on herbicide and pesticide transport from the
groundwater of the Eastern Shore of Virginia into the Chesapeake Bay,
worked as a teaching assistant for one semester, and a laboratory assistant
while pursuing a master's degree
.
Special Skills
Since January 2004, I have been a Licensed Professional Engineer in the
State of Illinois .
RECEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK'S
OFFICE
JAN 17 2006
STATE OF ILLINOIS
Pollution Control Board
INTHE MATTER OF :
)
CLEAN CONSTRUCTION OR DEMOLITION
)
R06-19
DEBRIS FILL OPERATIONS
)
(Rulemaking -Land)
(35 ILL. ADM. CODE PART 1100)
)
TESTIMONY OF PAUL M. PURSEGLOVEINSUPPORT OF
THE ENVIRONMENTAL PROTECTION AGENCY'S PROPOSAL TO ADOPT
35 ILL-ADM. CODE 1100
My name is Paul M. Purseglove. I am the Field Operations Section Manager within the
Bureau of Land of the Illinois Environmental Protection Agency . I have worked for the Illinois
EPA for over 25 years and have been in my current position since November 1998 . In 1980 I
received a B.S. in Environmental Health from Illinois State University . Today, I will be
testifying in support of new regulations proposed for 35 Ill . Adm. Code Part 1100, specifically
Section 1100.205 which requires the checking of loads that are being delivered for disposal at
CCDD disposal sites .
Subpart B: Standards
Section 1100.205- Load Checking
Owners and Operators must train staff, maintain field analytical equipment and conduct a
load checking procedure so as to identify and prevent the disposal of any non-CCDD material
into their mine, quarry or excavation. A designated employee must visually inspect every load
before it is accepted and test the material being received with either a photo ionization detector
(PD) or a flame ionization detector (FID)
. Pm's and FID's will detect the presence, in low
concentration, of volatile organic contamination . Other instruments may be used by the operator
but only after written approval by the Illinois EPA. If the chosen instrument indicates the
presence of volatile organic compounds the load must be rejected, as it is contaminated and
therefore not CCDD. Any instrument reading above zero indicates contamination is present and
must result in the rejection of the load. Since PIDs can be equipped with a variety of detection
lamps the PID must have a detector lamp of at least 10 .6 eV (electron volts) . All instruments
must be maintained and calibrated as specified by the manufacturer and also following the
procedures specified in SW-846 which are the "Test Methods of Evaluating Solid Waste"
.
Cameras or other devices may also be used by the operator to record the contents of loads being
received for disposal .
In addition to the routine load checking the operator must conduct at least one, random,
inspection each operating day of a load as it is being unloaded . In an area, separate from the
designated unloading point of the trucks coming in for the day, the driver must unload and
spread out the contents of the truck and that material must be visually inspected and tested with
the PID or FID. This random inspection will allow the operator to see not only what is on the
top of a load being received but also inspect the complete contents
.
The operator must document both the routine and random load inspections that are
conducted . The date, time, name of the hauling company or the name of the driver, the license
plate number or the unique company truck number, the source of the CCDD and the name of the
employee conducting the inspection must be documented . The results of the instrument testing
must also be documented including the type of instrument used, whether the load was accepted
or rejected and if rejected the reason. Documentation must be retained for a minimum of three
2
years and be available to the Illinois EPA upon request
.
If a load is rejected the operator must present the driver a written notice that indicates
there is non-CCDD material in the load and that the material must go to an Illinois EPA
permitted landfill for disposal or to a recycling facility. All rejected loads must be documented
and the information made available to the Illinois EPA upon request . Ultimately the operator is
.401
By :
0W.&'r19m
Paul M.lurrseg ove\
Illinois Environmental Protection Agency
1021
North Grand Avenue East
P.O. Box 19276
Springfield,
IL 62794-9276
off site disposal of non-CCDD materials that are inadvertently received
.
3
BEFORE THE ILLINOIS POLLUTION CONTROLBWc
E IV E D
CLERK'S OFFICE
JAN 17 2006
IN
THE MATTER OF :
)
STATE
OF ILLINOIS
Pollution Control Board
CLEAN CONSTRUCTION OR DEMOLITION
)
R06-19
DEBRIS FILL OPERATIONS
)
(Rulemaking -Land)
(35 ILL. ADM. CODE PART 1100)
)
TESTIMONY OF CHRISTIAN J. LIEBMANINSUPPORT OF
THE ENVIRONMENTAL PROTECTION AGENCY'S PROPOSAL TO ADOPT
35 ILL.ADM. CODE 1100
My name is Christian J. Liebman. I am the Manager of the Solid Waste Unit in the
Permit Section within the Bureau of Land of the Illinois Environmental Protection Agency . I
have been in my current position since February 1999 . From June 1985, until I assumed my
current position, I was a permit reviewer in the unit I now manage . In 1984, I received a B .S. in
Geological Engineering from University of Missouri at Rolla and in May 2002, I received an
M.S. in Civil Engineering from Southern Illinois University at Carbondale
.
I am licensed in the
State of Illinois as both a Professional Engineer and a Professional Geologist . My resume is
attached. Today, I will be testifying in support of new regulations proposed for 35 Ill. Adm .
Code Part 1100, specifically Sections 1100 .103, 1100.202 - 204, 1100.206 - 209 and 1100.304 -
310 .
Subpart A: General
Section 1100.103 -Definitions
.
The language that introduces the definitions is typical of the wording generally used for this
purpose .
Below each term defined in Section 1100 .103 is reiterated in quotation marks and the purpose or
origin of the definition is briefly described
:
"10-year, 24-hour precipitation event" - This is the standard definition of a storm event
of this magnitude
.
"100-year, 24-hour precipitation event- This is the standard definition of a storm
event of this magnitude .
"Act" - This term provides a reference to the Environmental Protection Act ("Act") .
"Agency"-This is identical to the statutory definition given in Section 3 .105 of the
Act .
"Applicant" -A term commonly used throughout the Board regulations that when used
throughout Part 1100 is meant to designate the person submitting an application to the
Agency for a permit for a CCDD fill operation
.
"Board" -- This is identical to the statutory definition given in Section 3 .130 of the Act .
"CCDD" - This is an abbreviation for clean construction or demolition debris
.
"CCDD fill operation" -This term is taken from Section 22 .51 of the Act and refers to
using CCDD as fill material in a current or former mine, quarry or excavation
.
"Clean construction or demolition debris" - This is identical to the statutory definition
given in Section 3.160(b) of the Act .
"Documentation" - This definition is consistent with the definition of this term in other
Board regulations relating to land permits
.
"Facility" - This definition is consistent with the definition of this term in other Board
regulations relating to land permits .
"Filled area" -This term is used to refer to an area within a unit where CCDD has been
placed as fill .
"Malodor" - This definition is adapted from the definition of "air pollution" in Section
3.115 of the Act.
"National Pollutant Discharge Elimination System" or "NPDES" - This is consistent
with the definition of this term in other Board regulations relating to land permits
.
2
"NPDES permit" - This is consistent with the definition of this term in other Board
regulations relating to land permits
.
"Operator" -- This is identical to the statutory definition given in Section 22 .51(e)(1) of
the Act, as amended by SB0067 passed by the General Assembly this Fall 2005
.
"Owner" -- This is identical to the statutory definition given in Section 22 .51(e)(2) of
the Act, as amended by SB0067 passed by the General Assembly this Fall 2005 .
"Person" -- This is identical to the statutory definition given in Section 3 .315 of the
Act .
"Professional engineer" " -- This is identical to the statutory definition given in
Subsection 4(m) of the Professional Engineering Practice Act of 1989
.
"Runoff' -- This is consistent with the definition of this term in other Board regulations
relating to land permits .
"Salvaging" - This definition is consistent with the definition of this term in other
Board regulations relating to land permits .
"Setback zone"
-- This is identical to the statutory definition given in Section 3.450 of
the Act .
"Unit" - This definition is consistent with the definition of this term in other Board
regulations relating to land permits
.
"Working face" - This definition is consistent with the definition of this term in other
Board regulations relating to land permits
.
Subpart B: Standards
Section 1100.202 -Surface Water Drainage
.
To reduce problems with erosion, surface water contamination and flooding in and
around CCDD fill operations, Section 1100.202 provides standards for surface water control
structures (e.g., ditches, berms, basins and impoundments). Subsection 1100.202(a) addresses
runoff from filled areas and specifies that sites may need to apply for an NPDES permit with the
Bureau of Water, in addition to a permit under this Part 1100 . Further, Subsection 1100.202(a)
3
specifies that surface water control structures must be operated until final cover has been applied
and a surface layer that protects against erosion is in place . Subsection 1100.202(b) addresses
runoff from unfilled areas at CCDD fill operations, by providing performance-based standards
for the design and operation of the structures used to control runoff from these areas
.
Section 1100.203 -Annual Facility Map
.
Section 1100.203 requires the owner or operator to submit a map of the facility to the
Agency on an annual basis by the date given in the facility's permit. The map's minimum scale
and what must be shown on it are specified. The purpose of the map is to record the horizontal
extent of filled areas with respect to all permanent structures and roads within the facility as well
as all devices to control access to the facility
.
Section 1100.204-Operating Standards . Sections 1100.204(a-h) provide operating
standards intended to insure that the filling operations offer safe work environments, comply
with the requirements of the Act and regulations, and do not create nuisances for the public
.
Section 1100.206-Salvaging . Section 1100.206 conditionally sanctions salvaging at
CCDD filling operations
.
This language is consistent with language on salvaging operations in
other Board regulations relating to land permits
.
Section 1100.207- Boundary Control
.
To prevent fly dumping, Section 1100 .207(a)
requires unauthorized vehicular access to be restricted. To inform drivers that only CCDD is
accepted for fill at the site before they reach the fill face, Section 1100.207(b) requires signage at
4
the entrance(s) .
Section 1100.208- Closure . Subsection 1100.208(a)(1)(A) defines completion of filling
as 30 days after the final load of CCDD is received
.
However, Subsection 1100.208(a)(1)(B)
allows the owner or operator to demonstrate the ability to remain open until one year after the
most recent receipt of CCDD . Further, Subsection 1100.208(a)(2) allows extensions beyond one
year if the owner or operator demonstrates that the facility has additional capacity and all steps
necessary to prevent threats to human health and the environment have been taken and will
continue to be taken. Such additional extensions would be granted through the permit process
.
Subsection 1 100.208(b)(1) reiterates the statutory requirement of Section 3 .160(b)(1) of
the Act that CCDD must be covered within 30 days after completion of filling
. This subsection
also prescribes a minimum thickness of one foot when CCDD is covered with soil rather than a
road or structure. Finally, Subsection 1100.208(b)(1) specifies that the top surface of the cover
must be resistant to erosion and (b)(2) provides standards for the final slope and contours as well
as for the vegetation used when CCDD is covered with soil
.
Section 1100.209 -Postclosure Maintenance . To allow time to determine the success of
the erosion prevention methods used at the facility, Section 1100 .209 requires a one year
postclosure maintenance period. Subsections 1100.209(a) and (b) provide standards for
postclosure maintenance care. The postclosure maintenance period may be shortened if the
facility can demonstrate that, due to postclosure operations, erosion will not be an issue and any
disturbance of the final cover will not increase the potential threat to human health or the
environment
.
5
Subpart C: Permit Information
Section 1100.304-Site Location Map
. Section 1100.304 requires permit applications
for CCDD fill operations to include a site location map. This map will give the Agency a sense
of the facility's surroundings, including its proximity to surface water and groundwater
resources. Safeguarding these resources is one of the Agency's primary objectives .
This map will utilize the most recent United States Geological Survey (USGS)
quadrangle of the area (from the 7
%s
minute series) as a base map and will show the site and
facility boundaries with respect to the surrounding features and structures . In addition, this map
will show all potable water supply wells and their setback zones within 3300 feet of the facility.
Identification of these wells and their setbacks is necessary to demonstrate that the CCDD fill
operation satisfies the condition in the statutory definition of CCDD, contained in Subsection
3.160(b)(i) of the Act, which stipulates that CCDD is not considered waste as long as it is used as
fill material outside of a setback zone
.
The site location map will also show any wellhead protection areas and any sole source
aquifer designated by the United States Environmental Protection Agency (U.S. EPA) pursuant
to Section 1424(e) of the Safe Water Drinking Act (42 USC 300f). This requirement should not
be overly burdensome or restrictive because, at the present time, the U .S. EPA has not given
such designation to any wellhead protection area or aquifer in Illinois . However, since the U.S .
EPA may do so in the future, the Agency is requiring those wellhead protection areas and
aquifers to be identified on the site location map
6
Section 1100.305 -Facility Plan Maps
. Section 1100 .305 requires permit applications
for CCDD fill operations to contain facility plan maps
. These are larger scale contour maps (at
least 1 inch = 200 feet) showing the details of the facility, including the horizontal and vertical
limits of fill. These maps are required to allow an Agency determination of the owner or
operator's compliance with Part 1100. The facility plan maps are updated each year pursuant to
Section 1100.203
.
Section 1100.306- Narrative Description of the Facility . Section 1100.306 requires
permit applications for CCDD fill operations to contain a written description of how the facility
will be operated. This narrative description is required to allow an Agency determination of the
owner or operator's compliance with Part 1100
.
Section 1100.307-Proof of Property Ownership and Certification
. To provide proof that
the entity or entities named as owner in the permit application control the real estate upon which
the facility is located, Section 1100.307 requires permit applications for CCDD fill operations to
include an ownership certification
.
Section 1100.307 also requires the application to include certifications regarding the
provisions of Sections 39(i) and 39(i-5) of the Act. Section 39(i) of the Illinois Environmental
Protection Act requires the Agency to evaluate the prior experience of owners and operators
prior to issuing a permit for a CCDD fill operation .
Section 39(i-5) requires the Agency to
conduct an evaluation into prior contamination of the site if certain ownership transfers have
occurred. The Agency provides certification forms regarding this information and requires the
certifications to be included with the permit application
.
7
Finally, Section 1100 .307 requires certification by the owner and the operator that the
Agency will be notified within seven days after any change in ownership
.
Section 1100.308- Surface Water Control .
To demonstrate that the facility will be in
compliance with the standards of Section 1100.202, Section 1100.308 requires permit
applications for CCDD fill operations to contain a copy of an NPDES permit and a map showing
the surface water control structures at the facility
.
Section 1100.309-Closure Plans . To demonstrate that the facility will comply with the
standards of Section 1100.208, Section 1100.309 requires permit applications for CCDD fill
operations to contain written closure plans
Section 1100.310- Postclosure Maintenance Plan . To demonstrate that the facility will
comply with the standards of Section 1100.209, Section 1100.310 requires permit applications
for CCDD fill operations to contain written postclosure maintenance plans
.
By :
C
U
~ ,C
Christian J. Liebman
Date:I-IZ-ZO04
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
8
EDUCATION
WORK EXPERIENCE
RESUME OF
CHRISTIAN J. LIEBMAN
1021 North Grand Ave. East, P.O. Box 19276
Springfield, Illinois 62974-9276
(217}524-3294
M.S., May 2002, Civil Engineering from Southern Illinois University-Carbondale,
Carbondale, IL, Major: Civil Engineering
B.S ., May 1984, University of Missouri - Rolla, Rolla, MO, Major: Geological Engineering
02/99 -- Present
Solid Waste Unit Manager in the Illinois Environmental Protection
Agency's Bureau ofLand, Division of Land Pollution Control, Permit
Section. The job consists of supervising the 9 engineers who are
responsible for reviewing the permit applications for all the solid waste
landfills in the State of Illinois, subject to the permit process. The
primary job objective of this position is to ensure that these permit
applications are given consistent, high-quality reviews in a timely
manner.
06/85 -- 02/99
Permit Reviewer in the Illinois Environmental Protection Agency's
Bureau of Land, Division ofLand Pollution Control, Permit Section,
advancing from an Environmental Protection Engineer I to
Environmental Protection Engineer III
.
The job entailed reviewing
permit applications for solid waste landfills, transfer stations and waste
composting facilities, comparing the proposals made in the applications
to the regulatory and statutory requirements and then drafting
preliminary responses (either permits with conditions or denials) for
management approval.
PROFESSIONAL LICENSES
Licensed Professional Engineer in the State of Illinois (License No . 062-049263) .
Licensed Professional Geologist in the State of Illinois (License No. 196-000989) .
9
STATE OF ILLINOIS
)
COUNTY OF SANGAMON
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached PRE-FILED
TESTIMONY OF JOYCE MUNIE, PAUL M. PURSEGLOVE, CHRISTIAN J. LIEBMAN and
THOMAS HUBBARD, ERRATA SHEET #1, and SUPPLEMENTAL STATEMENT upon the
persons to whom they are directed, by placing a copy of each in an envelope addressed to
:
Dorothy Gunn, Clerk,
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph, Suite 11-500
Chicago, Illinois 60601
(Express Mail)
Matt Dunn
Environmental Bureau Chief
Office of the Attorney General
James R. Thompson Center
100 W. Randolph, 12 th Floor
Chicago, Illinois 60601
John Henrickson, Executive Director
Illinois Association of Aggregate Producers
1115 S . Second Street
Springfield, Illinois 62704
and mailing it by First Class Mail from Springfield, Illinois on January /2, 2006, with sufficient
postage affixed .
SUBS
ED AND SWORN TO BEFORE ME
This day of January, 2006 .
.M ....aaaasaaeeeeesaaaaaa
OFFICIAL SEAT .
BRENDA BOENNER
NOTARY PUBLIC, sT
s
Ills-2009)
;CMMIBS~O Laµ peoaeaeae
General Counsel
Office of Legal Counsel
Illinois Dept. of Natural Resources
One Natural Resources Way
-.,Springfield, Illinois 62702-1271
Amy Antoniolli
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St .
Suite 11-500
Chicago, Illinois 60601
Tiffany Chappell
City of Chicago
Mayor's Office of Intergovernmental Affairs
121 N. LaSalle Street, City Hall
-Room 406
Chicago, Illinois 60602
