ILLINOIS POLLUTION CONTROL BOARD
April 6, 2006
IN THE MATTER OF:
)
)
CLEAN CONSTRUCTION OR DEMOLITION
)
R06-19
DEBRIS FILL OPERATIONS UNDER P.A.
)
Rulemaking - Land
94-272 (35 ILL. ADM. CODE PART 1100)
)
Proposed Rule. First Notice.
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
This rulemaking proposes to add a new Part 1100 to the Board’s regulations concerning
clean construction or demolition debris fill operations. The Environmental Protection Agency
(Agency) proposes the amendments, pursuant to Public Act 94-272, to allow the use of clean
construction or demolition debris (CCDD) as fill material in current and former quarries, mines,
and other excavations. Public Act 94-272 requires the Board to adopt rules no later than
September 1, 2006.
Today the Board adopts the Agency’s proposal, as amended, for first notice. First-notice
publication in the
Illinois Register
will begin a 45-day period for interested persons to file public
comments with the Board. The Board describes the new Part 1100 and the various issues raised
at hearing in more detail below.
PROCEDURAL BACKGROUND
On November 21, 2005, the Agency filed this proposal for rulemaking pursuant to
Sections 27 and 28 of the Environmental Protection Act (Act) and 35 Ill. Adm. Code
102.202(b).
1
The Board accepted the rulemaking for hearing on December 1, 2005. The Board
has held two public hearings before Hearing Officer Amy Antoniolli. The first hearing was held
on January 26, 2006, in Chicago and the second hearing was held on March 1, 2006, in
Springfield.
2
Ms. Joyce Munie, Mr. Paul Purseglove, Mr. Christian Liebman, and Mr. Thomas
Hubbard testified on behalf of the Agency at the first hearing. Ms. Munie, manager of the permit
section within the Bureau of Land at the Agency, testified generally about the proposed rules,
and specifically, about CCDD permits. Mr. Hubbard, an environmental engineer in the Solid
Waste Unit of the permit section of the Agency’s Bureau of Land, discussed the proposed
recordkeeping and annual report requirements. Mr. Purseglove, Manager of the Field Operations
Section within the Agency’s Bureau of Land, testified regarding the proposed requirements for
1
The Agency’s statement of reasons will be cited to as “Stat. of Reas. at _.”
2
The transcripts from the January 26, 2006 hearing will be cited to as “Tr.1 at _,” and the
transcript from the March 1, 2006 hearing will be cited to as “Tr.2 at _.”
2
checking loads that are delivered to CCDD sites as fill material. Mr. Christian Liebman,
Manager of the Solid Waste Unit in the permit section of the Bureau of Land, testified about the
proposed new rules concerning maintenance and closure of a CCDD site.
The Agency has filed five errata sheets reflecting issues raised prior to and at the first
hearing.
There have been four public comments filed in this rulemaking. The first was filed on
behalf of the Illinois Association of Aggregate Producers (IAAP) (PC 1), and the second was
filed by Rockford Sand and Gravel, Inc., a member of the IAAP (PC 2), both with specific
suggestions about the proposal. The third public comment was filed by Kim Robinson of the
Illinois Society of Professional Engineers and David Kennedy of the American Council of
Engineering Companies of Illinois (PC 3). The fourth public comment was filed by the City of
Chicago (PC 4). At the second hearing, the Illinois Department of Natural Resources gave an
oral public comment. Tr.2 at 33-34.
Filing Public Comments
First-notice publication in the
Illinois Register
of these proposed rule changes will start a
period of at least 45 days during which anyone may file public comments with the Board at:
Office of the Clerk
Pollution Control Board
James R. Thompson Center
100 W. Randolph Street, Suite 11-500
Chicago, Illinois 60601
The Board encourages persons to file public comments on these proposed amendments.
The applicable docket number (R06-19) should be indicated on the public comment. Any person
may file a public comment, regardless of whether the person has yet filed one.
Additionally, as part of the Board’s voluntary electronic filing pilot project, public
comments in this rulemaking may be filed through COOL at www.ipcb.state.il.us. Any
questions about electronic filing should be directed to the Clerk’s Office at (312) 814-3629.
SUMMARY OF PROPOSED NEW PART 1100
Section 3.160(b) of the Act currently distinguishes general construction and demolition
debris from clean construction or demolition debris and defines the latter as “uncontaminated
broken concrete without protruding metal bars, bricks, rock, stone, reclaimed asphalt pavement,
or soil generated from construction or demolition activities.” 415 ILCS 5/3.160(b) (2004).
Public Act 94-272 establishes that CCDD is not considered waste if it is separated and returned
to the economic mainstream in the form of raw materials or products within four years of its
generation, or if it is used as fill material within 30 days of its generation. P.A. 94-272, eff. July
19, 2005 (to be codified at 415 ILCS 5/3.160(a)). Public Act 94-272 requires a permit to use
CCDD as fill material in a current or former quarry, mine, or other excavation. P.A. 94-272, eff.
3
July 19, 2005 (to be codified at 415 ILCS 5/22.51). Finally, Public Act 94-272 directed the
Board to adopt regulations for the use of CCDD as fill material in current and former quarries,
mines, and other excavations by September 1, 2006. P.A. 94-272, eff. July 19, 2005 (to be
codified at 415 ILCS 5/22.51(c)(1)).
The proposed new Part 1100 establishes a permit program for the use of CCDD in former
quarries, mines, or other excavations. Subpart A of the proposed Part 1100 establishes the scope
of the regulation, provides definitions, and clarifies its applicability. Subpart B sets forth the
standards applicable to the operation of CCDD facilities, CCDD load inspections, closure and
postclosure, including recordkeeping requirements, and annual reports. Subpart C identifies
what information an applicant must include in the permit application. How an application must
be filed is with the Agency, deadlines, standards for issuance, and permit terms are discussed in
Subpart D.
The Agency states that it held several public outreach meetings regarding the proposed
language for this rulemaking and, as a result, the proposed Part 1100 was developed with input
from the regulated community and that significant concerns of the regulated community were
resolved in advance. Stat. of Reas. at 2.
At the time the Board accepted this rulemaking for hearing, the Board asked the Agency
to address the applicability of or provide the information requested in the “published study or
report” requirement of Section 102.202(e). 35 Ill. Adm. Code 102.202(e);
see also
35 Ill. Adm.
Code 102.202(k). The Agency fulfilled that request in a supplemental statement filed on
January 17, 2006. The Agency stated that “[n]o published study or research report was used in
developing the proposed 35 Ill. Adm. Code Part 1100.”
The Agency states the proposed regulations are both technically feasible and
economically reasonable. The only new technical requirement imposed by Public Act 94-272
and the proposed rules is a monitoring device approved by the Agency that detects volatile
organic compounds, such as a photo ionization detector. Stat. of Reas. at 9. According to the
Agency, the proposed rule raises no new issues of technical feasibility.
The Agency states that the permit requirement of the proposed rule will have associated
preparation and filing costs for permit applicants as well as the costs to the Agency attributed to
preparing and distributing fact sheets and other methods of public notification. The Agency
contends, however, that none of the costs will be unduly burdensome and are justified for
compliance with the Act.
ISSUES RAISED AT HEARING
Scope and Applicability
The Agency emphasizes that the proposed rules are meant to apply to a facility, or a
portion of a facility, that accepts only clean construction or demolition debris as fill in a quarry
mine, or other excavation.
4
At hearing, the parties discussed who may qualify for the Illinois Department of
Transportation (IDOT) specification exemption from the proposed Part 1100 regulations. Tr.1 at
13. The Agency stated that only the county board, city councils, and municipalities as defined in
the IDOT specifications as the “Department” are exempt under Section 1100.101(b)(5). Tr.1 at
31. Further, Ms. Munie testified that any person that qualifies for the exemption must use
CCDD in a way that complies precisely with IDOT specifications.
The Agency’s errata sheet 2 added a Board note in Section 1100.101(b)(3) that clarifies
the applicability of an exemption for uses of CCDD that comply with the IDOT specifications
pursuant to the definition of engineer. The Agency amended the Board note in errata sheets 4
and 5. Errata sheet 4 deleted the reference to the January 1, 2002 edition of the IDOT
specifications so that the Board note would not refer to an expired set of specifications. Tr.2 at
32. Errata sheet 5 changed the Board note from a narrow reference to the definition of engineer
to a broader reference to the IDOT specifications in general. The Board note now reads that the
exemption applies to IDOT, a county, a municipality, or a township.
The Term “Excavation”
The City of Chicago sought a clarification of the term “excavation” at hearing. Tr.1 at
16. Specifically, the City of Chicago asked when a maintenance project that, for example,
removes a portion of the sidewalk, would become an excavation requiring a permit to backfill
that hole or use backfill from another location. Tr.1 at 17. At hearing, the Agency stated that the
CCDD regulations would not apply to instances where dirt is dug out to do maintenance work
and put back in the same hole. Tr.1 at 19.
In errata sheet 3, the Agency amended the definition of “CCDD fill operation” to include
the term “other excavation” in the proposed Section 100.103. This amendment clarifies that
“holes or trenches or other earthmoving that is done as normal construction or demolition or
maintenance of buildings, roads, other transportation infrastructure would not be included.” Tr.
2 at 31.
What the Agency Considers “Clean” or “Uncontaminated” Debris
The Agency stated the law that defines clean construction or demolition debris has been
in effect for 15 years, so the Agency did not feel the necessity to define the term
“uncontaminated.” Rather, the Agency stated “we knew contaminated when we saw it.” Tr.1 at
22. The Agency noted that when materials do not meet the definition of CCDD, the matter could
be handled as an enforcement issue.
The parties also discussed whether the term “uncontaminated” would allow commingling
CCDD with another material that is not a waste. Tr.1 at 37. The Agency stated that if
uncontaminated soil is mixed with CCDD, then it becomes CCDD. Tr. at 37-38.
When asked by the Board, the Agency also clarified that it considers “uncontaminated
broken concrete without protruding metal bars” as concrete that may have a small bit of rebar
protruding. The Agency states it enforces on a case-by-case basis. Tr.1 at 26.
5
CCDD Facilities in Illinois
At the first hearing, the Board asked the Agency to provide additional information about
current fill operations operating in the State, which the Agency provided at the second hearing.
The majority of the fill sites for CCDD are in the Northeastern part of Illinois. There are also
several sites in Southern Illinois. Of the 83 sites that have applied for interim authorization to
use CCDD as fill in current or former mine, quarry, or other excavation, the Agency states that
the majority (28) accept an estimated 10,000 to 50,000 cubic yards of CCDD per year. Add.
Test. of Liebman, Exh. C.
Economic Reasonableness
The Agency estimated the Agency’s cost to the State of Illinois per year based on the
assumption that the Agency would hire four additional engineers to review applications, and
three and a half field inspectors to inspect the sites. Tr.2 at 23. The Agency estimates the total
cost to the State at $792,330 per year. Add. Test. of Liebman, Exh. A. The Agency anticipates
that it will need this many employees indefinitely.
Id
. The Agency estimates the cost of
compliance for industry as approximately $31,000 per site for obtaining the permit and closure
certification, plus an annual cost of approximately $66,000 to comply with record keeping,
annual reports, and permitting requirements.
Final Fill Elevation
The Illlinois Association of Aggregate Producers suggested that the Agency amend
Section 1100.204(h) to allow placement of CCDD as fill above grade or “higher than the highest
point of elevation existing prior to the filling immediately adjacent to the fill area.” PC 1. The
Agency does not agree that the proposed language is appropriate because it would make the
proposed rules inconsistent with the definition of CCDD in the Act. Resp. to Comments at 5.
However, in errata sheet 2, the Agency added a Board note to Section 1100.204(n) to clarify that
other non-waste, non-CCDD material may be placed above grade to increase elevations at the
site.
Id
.
Noise Control
When asked about the Agency’s intent with regard to the proposed noise control
provision of Section 1100.204(g), the Agency responded that the intent was not to make the
regulations more stringent than the Board’s standards. Tr.1 at 44.
Instrument Calibration and Load-Checking
The Agency’s initial proposal required rejection of inspected loads based on instrument
readings above zero. Further, the Agency noted that the instruments used for load checking
inspections should be calibrated with pure air, which is specified by the manufacturer.
6
IAAP suggested that the Board amend Section 1100.205(a) and (b) to require instruments
used to detect volatile organic compounds to be calibrated utilizing established background
levels. Any rejection of inspected load would be based on readings above the background level.
In errata sheet 5, the Agency changed the criteria for rejection to be based on “any reading in
excess of background levels” for both the facility inspector and the Agency. The Agency stated
it would ask the applicant to describe in the permit application how the applicant will determine
background levels so the Agency can verify a consistent background reading. Tr.2 at 20.
Also in errata sheet 5, the Agency proposed a change to Section 1100.205 to clarify that
the load checking program is designed to detect attempts to dispose of “waste” at the facility,
rather than “material other than CCDD” as originally proposed.
Post-closure Maintenance
The Agency testified that CCDD would be well-suited for post-closure use as a site for
building, an open space, or even residential use. Tr.1 at 52. The Agency does not foresee large
voids or shifting and settling as problems. Mr. Leibman testified, however, that he has not
researched how CCDD fill would respond differently from unfilled areas in a seismic event.
Tr.1 at 54. The Agency stated that CCDD is not putrescible, so it does not decompose. Because
of its characteristics, the Agency states a one-year post-closure period is suitable for a site that
uses CCDD as fill material. Tr.1 at 55.
Professional Engineer Certification
The need for a professional engineer’s certification for both closure and post-closure in
the proposed Section 1100.412 was raised at hearing. The Illinois Society of Professional
Engineers appeared at hearing and submitted a public comment that proposed language requiring
a professional engineer (PE) certification on the design of the fill operation. Tr.2 at 29. The
proposed rules require a PE certification only for the certification of closure.
The Agency stated it chose not to add the PE certification requirement into the proposed
rules. The Agency stated it did not intend to circumvent the PE Act by not requiring PE
certification of the fill operation design. Tr.2 at 30.
Public Comment by the Illinois Department of Natural Resources
At the March 1, 2006 hearing, Ms. Virginia Young gave an oral public comment on
behalf of the Department of Natural Resources (IDNR), Office of Mines and Minerals. Tr.2 at
33-34. Ms. Young stated that the CCDD proposal may overlap the existing IDNR Mines and
Mineral Program that regulates current ongoing quarry operations. However, the Board did not
receive any additional public comment on behalf of the IDNR prior to the end of the pre-first-
notice public comment period.
DISCUSSION
7
Today the Board adopts the Agency’s proposal, as amended by the Agency’s five errata
sheets, to add a new Part 1100 to the Board’s rules establishing a permit program for CCDD
facilities. As discussed above, many of the language changes and additions suggested by the
Illinois Association of Aggregate Producers, Rockford Sand & Gravel, and the City of Chicago
were incorporated into the Agency’s errata sheets. As described in more detail below, the
proposed new Part 1100 contains Subparts A through D.
Subpart A
Subpart A contains general provisions including scope and applicability, severability,
definitions, and incorporations by reference. CCDD fill operations at facilities that are permitted
as a landfill under Sections 35 Ill. Adm. Code 807, or 811 through 814 (municipal, chemical, or
putrescible waste landfills) are exempt from the proposed Part 1100 CCDD permitting rules
because the landfill permitting rules are more protective.
See
Tr.1 at 30-31. Accordingly, those
facilities are allowed to accept construction and demolition debris.
In addition to CCDD, CCDD fill operations may accept other non-waste material such as
overburdens or material that would be considered waste to a particular industry, such as mining,
and is deposited in the same area from which it was extracted. Tr.2 at 10.
Subpart B
Subpart B contains the standards that apply to the operation, closure, and post-closure of
a permitted CCDD facility. Subpart B also establishes procedures for load-checking of CCDD to
determine compliance applicable to both the Agency and the facility’s designated inspector.
The IAAP suggested in its public comment that the proposed rule contain language
requiring the Agency to create a training program to ensure that personnel working at permitted
CCDD sites all receive consistent training in the identification of material that is not CCDD. PC
1. According to the Agency, creating, implementing, and maintaining a training program would
require resources the Agency does not have. Resp. to Comments at 6. The Agency stated that
after discussing the topic, the IAAP and Agency have agreed not to make the change. Instead,
the Agency has agreed to work with the aggregate mining industry in the development of an
industry program and training manual and will provide training resources to permit applicants.
Id
.
Subpart C
Information that must be included in CCDD permit applications is found in Subpart C.
These informational requirements generally parallel existing Board regulations relating to land
permits. Munie Prefiled Test. at 4-5. The Agency included a provision in Subpart C that
requires notice of the application 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.” Proposed 35 Ill. Adm. Code 1100.302.
The IAAP expressed concerns with this requirement, arguing that notification to government
8
officials may jeopardize zoning already obtained by active mining operations. The IAAP
requested that notification to government officials be required only if a facility has not been
approved through state or local permitting. PC 1 at 3.
Refusing to make the IAAP’s suggested change, the Agency states that the provision will
make the process for issuing a CCDD fill operation permit consistent with the process for issuing
other land-related permits. Resp. to Comments at 7. Notification in this manner, states the
Agency, would also allow local officials to be responsive to their constituency. The Board
agrees with the Agency’s initial proposal requiring notification requirements.
Subpart D
The procedural rules that both the Agency and applicant must follow for permitting are
contained in Subpart D. Subpart D contains standards for approval and denial and provides the
Agency’s deadlines for review of permit applications. The Agency must make a final decision
on an application within 90 days of receiving the application or the permit is deemed issued.
According to proposed Section 1100.408, permits issued under Part 1100 will have a
term of 10 years. An expiration date allows the Agency to re-evaluate the operation on a routine
basis. Further, many CCDD facilities will expect to close within a 10-year period. Munie
Prefiled Test. at 8.
Technical Feasibility and Economic Reasonableness
The Board received no testimony or comments regarding the DCEO’s decision not to
perform an economic impact study on this rulemaking. The Agency states that regular costs of
permit programs may include costs associated with preparing and filing permit applications,
preparing other documents such as reports and maps, record storage, additional personnel,
personnel training, and professional engineer certifications. Stat. of Reas. at 10. As discussed
above, the cost associated with preparing and filing a permit application and obtaining closure
certification would total approximately $31,000 per site. Ongoing compliance is estimated at
approximately $66,000 per site. In addition, the Agency estimates its cost for implementing the
CCDD permit program at approximately $792,330 per year. The Agency reasons that although
the CCDD permit program will increase costs to the industry compared to pre-regulation costs,
the costs are not unduly burdensome, are consistent with other land permit programs, and are
justified for compliance with the Act.
Id
.
The Board finds the proposed amendments technically feasible and economically
reasonable for both the permit applicant as well as the State. The Board also finds that the
proposed exemptions will not negatively impact the environment. Rather, the CCDD permit
program will benefit the environment because it will allow CCDD that is currently disposed of in
municipal, chemical and putrescible waste landfills to be used as clean fill in quarries, mines, or
other excavations, saving both space in these landfills as well as natural resources.
The Board adopts the proposal as amended by the Agency. The Board makes only those
additional technical corrections necessary to keep the rule language consistent with regulatory
9
language typically reviewed by the Joint Committee on Administrative Rules and adopted by the
Board.
CONCLUSION
The Board adopts the Agency’s proposed rulemaking establishing the use of CCDD as
fill material in current and former quarries, mines, and other excavations, as amended by the
Agency, for first-notice publication in the
Illinois Register
. By establishing this permit program
for the use of CCDD as fill material, the Board finds this rulemaking will benefit the
environment by allowing CCDD to be used as fill material rather than disposed of in a waste
landfill.
ORDER
The Board directs the Clerk to cause the filing of the following rule with the Joint
Committee on Administrative Rules for its first-notice review.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE J: CLEAN CONSTRUCTION OR DEMOLITION DEBRIS
CHAPTER I: POLLUTION CONTROL BOARD
PART 1100
CLEAN CONSTRUCTION OR DEMOLITION DEBRIS FILL OPERATIONS
SUBPART A: GENERAL
Section
1100.101
Scope and Applicability
1100.102
Severability
1100.103
Definitions
1100.104
Incorporations by Reference
SUBPART B: STANDARDS
Section
1100.201
Prohibitions
1100.202
Surface Water Drainage
1100.203
Annual Facility Map
1100.204
Operating Standards
1100.205
Load Checking
1100.206
Salvaging
1100.207
Boundary Control
1100.208
Closure
1100.209
Postclosure Maintenance
1100.210
Recordkeeping Requirements
1100.211
Annual Reports
10
SUBPART C: PERMIT INFORMATION
Section
1100.301
Scope and Applicability
1100.302
Notification
1100.303
Required Signatures
1100.304
Site Location Map
1100.305
Facility Plan Maps
1100.306
Narrative Description of the Facility
1100.307
Proof of Property Ownership and Certification
1100.308
Surface Water Control
1100.309
Closure Plan
1100.310
Postclosure Maintenance Plan
SUBPART D: PROCEDURAL REQUIREMENTS FOR PERMITTING
Section
1100.401
Purpose of Subpart
1100.402
Delivery of Permit Application
1100.403
Agency Decision Deadlines
1100.404
Standards for Issuance of a Permit
1100.405
Standards for Denial of a Permit
1100.406
Permit Appeals
1100.407
Permit No Defense
1100.408
Term of Permit
1100.409
Transfer of Permits
1100.410
Procedures for the Modification of Permits
1100.411
Procedures for the Renewal of Permits
1100.412
Procedures for Closure and Postclosure Maintenance
AUTHORITY: Implementing Sections 5 and 22.51 and authorized by Section 22.51 and 27 of
the Environmental Protection Act [415 ILCS 5/5, 22.51, and 27].
SOURCE: Adopted in R06-19 at 30 Ill. Reg.________, effective______________.
SUBPART A: GENERAL
Section 1100.101
Scope and Applicability
a)
This Part applies to all CCDD fill operations that are required to be permitted
pursuant to Section 22.51 of the Act, other than CCDD fill operations permitted
pursuant to 35 Ill. Adm. Code 807 or 811 through 814.
b)
This Part does not apply to:
1)
CCDD other than CCDD used as fill material in a current or former
quarry, mine, or other excavation.
11
2)
The use of
CCDD
as fill material in a current or former quarry, mine, or
other excavation located on the site where the
CCDD
was generated
[415
ILCS 5/22.51(b)(4)(A)];
3)
The use of
CCDD
as fill material in an excavation other than a current or
former quarry or mine if
[the]
use complies with Illinois Department of
Transportation specifications
[415 ILCS 5/22.51(b)(4)(B)];
Board Note: The Illinois Department of Transportation (IDOT)
specifications applicable to the use of CCDD as fill can be found at
Articles 107.22 and 202.03 of IDOT’s “Standard Specifications for Road
and Bridge Construction.” According to IDOT specifications, this
exemption applies to IDOT, a county, a municipality, or a township.
4)
The use of the following types of material as fill material:
A)
CCDD that is considered “waste” under the Act or rules adopted
pursuant to the Act; or
B)
Any material other than CCDD, including, but not limited to,
material generated on site as part of a mining process; and
5)
The portions of a site not used for a CCDD fill operation.
Section 1100.102
Severability
If any provision of this Part or its application to any person or under any circumstances is
adjudged invalid, such adjudication must not affect the validity of this Part as a whole or of any
portion not adjudged invalid.
Section 1100.103
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 [415 ILCS 5]:
“10-year, 24-hour precipitation event” means a precipitation event of 24-hour
duration with a probable recurrence interval of once in 10 years.
“100-year, 24-hour precipitation event” means a precipitation event of 24-hour
duration with a probable recurrence interval of once in 100 years.
“Act” means the Environmental Protection Act [415 ILCS 5].
12
“Agency” is the
Illinois
Environmental Protection Agency established by
the
Act.
[415 ILCS 5/3.105]
“Applicant” means the person submitting an application to the Agency for a
permit for a CCDD fill operation.
“Board” is the Pollution Control Board established by
[the]
Act.
[415 ILCS
5/3.105]
“CCDD” means clean construction or demolition debris.
“CCDD fill operation” means the use of CCDD as fill material in a current or
former quarry, mine, or other excavation. For purposes of this Part, the term
“other excavation” does not include holes, trenches, or similar earth removal
created as part of normal construction, removal, or maintenance of a structure,
utility, or transportation infrastructure.
“Clean construction or demolition debris" means uncontaminated broken
concrete without protruding metal bars, bricks, rock, stone, reclaimed asphalt
pavement, or soil generated from construction or demolition activities.
Clean construction or demolition debris does not include uncontaminated soil
generated during construction, remodeling, repair, and demolition of utilities,
structures, and roads provided the uncontaminated soil is not commingled with
any clean construction or demolition debris or other waste.
For purposes of this
Part, uncontaminated soil may include incidental amounts of stone, clay, rock,
sand, gravel, roots, and other vegetation.
To the extent allowed by federal law, clean construction or demolition debris
shall not be considered "waste" if it is (i) used as fill material outside of a setback
zone if the fill is placed no higher than the highest point of elevation existing
prior to the filling immediately adjacent to the fill area, and if covered by
sufficient uncontaminated soil to support vegetation within 30 days of the
completion of filling or if covered by a road or structure, or (ii) separated or
processed and returned to the economic mainstream in the form of raw materials
or products, if it is not speculatively accumulated and, if used as a fill material, it
is used in accordance with item (i) within 30 days of its generation, or (iii) solely
broken concrete without protruding metal bars used for erosion control, or (iv)
generated from the construction or demolition of a building, road, or other
structure and used to construct, on the site where the construction or demolition
has taken place, a manmade functional structure not to exceed 20 feet above the
highest point of elevation of the property immediately adjacent to the new
manmade functional structure as that elevation existed prior to the creation of
that new structure, provided that the structure shall be covered with sufficient soil
materials to sustain vegetation or by a road or structure, and further provided
that no such structure shall be constructed within a home rule municipality with a
13
population over 500,000 without the consent of the municipality.
[415 ILCS
5/3.160(b)]
“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.
“Facility” means the areas of a site and all equipment and fixtures on a site used
for a CCDD fill operation. A facility consists of an entire CCDD fill operation.
All structures used in connection with or to facilitate the CCDD fill operation will
be considered a part of the facility.
“Filled area” means areas within a unit where CCDD has been placed as fill
material.
“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
. [415 ILCS 5/3.115]
“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.
“Operator” means a person responsible for the operation and maintenance of a
CCDD fill operation.
“Owner” means a person who has any direct or indirect interest in a CCDD fill
operation or in land on which a person operates and maintains a CCDD fill
operation. A “direct or indirect interest” does not include the ownership of
publicly traded stock. The “owner” is the “operator” if there is no other person
who is operating and maintaining a CCDD fill operation.
“Person” is any individual, partnership, co-partnership, firm, company,
corporation, association, joint stock company, trust, estate, political subdivision,
14
State agency, or any other legal entity, or their legal representative, agent or
assigns
. [415 ILCS 5/3.115]
“Professional engineer” means a person who has registered and obtained a seal
pursuant to the Professional Engineering Practice Act of 1989 [225 ILCS 325].
“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 CCDD to use other than use as fill at a CCDD
fill operation.
"Setback zone" means a geographic area, designated pursuant to
[the]
Act,
containing a potable water supply well or a potential source or potential route,
having a continuous boundary, and within which certain prohibitions or
regulations are applicable in order to protect groundwaters.
[415 ILCS 5/3.450]
“Unit” means a contiguous area within a facility that is permitted for the
placement of CCDD as fill material.
“Working face” means any part of a unit where CCDD is being placed as fill.
Section 1100.104
Incorporations by Reference
a)
The Board incorporates the following material by reference:
U.S. Government Printing Office, Washington, D.C. 20402, Ph: 202-783-
3238:
Test Methods for Evaluating Solid Waste, Physical/Chemical
methods, EPA Publication SW-846 (Third Edition, 1986 as
amended by Updates I, II, IIA, IIB, III, IIIA and IIIB).
b)
This incorporation includes no later amendments or editions.
SUBPART B: STANDARDS
Section 1100.201
Prohibitions
a)
No person shall conduct any
CCDD
fill operation in violation of
the
Act or any
regulations or standards adopted by the Board.
[415 ILCS 5/22.51(a)].
b)
CCDD fill operations must not accept waste for use as fill.
15
c)
CCDD fill operations must not be located inside a setback zone of a potable water
supply well. (See Section 3.160(b)(i) of the Act).
Section 1100.202
Surface Water Drainage
a)
Runoff From Filled Areas
1)
All discharges of runoff from filled areas to waters of the State must be
permitted by the Agency to the extent required under 35 Ill. Adm. Code
309.
2)
All surface water control structures must be operated until the final cover
is placed and the vegetative or other cover meeting the requirements of
Section 1100.208 of this Part provides erosional stability.
b)
Diversion of Runoff From Unfilled Areas.
1)
Runoff from unfilled areas must be diverted around filled areas to the
greatest extent practical.
2)
Diversion facilities must be constructed to prevent runoff from the 10-
year, 24-hour precipitation event from entering filled areas.
3)
Runoff from unfilled areas which becomes commingled with runoff from
filled areas must be handled as runoff from filled areas in accordance with
subsection (a) of this Section.
4)
All diversion structures 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 must be operated until the final cover is placed
and the vegetative or other cover meeting the requirements of Section
1100.208 of this Part provides erosional stability.
Section 1100.203
Annual Facility Map
The owner or operator must submit an annual facility map to the Agency each calendar year by
the date specified in the Agency permit. The map must have a scale no smaller than one inch
equals 200 feet, show the horizontal extent of filled areas as of the date of the map, and show the
same information as required for facility plan maps under Sections 1100.305(a) through (d) of
this Part.
Section 1100.204
Operating Standards
a)
Placement of fill material
16
Fill material must be placed in a safe manner that protects human health and the
environment in conformance with the provisions of the Act and the regulations
adopted thereunder.
b)
Size and Slope of Working Face
The working face of the fill operation must be no larger than is necessary, based
on the terrain and equipment used in material placement, to conduct operations in
a safe and efficient manner in conformance with the provisions of the Act and the
regulations adopted thereunder.
c)
Equipment
Equipment must be maintained and available for use at the facility during all
hours of operation, so as to achieve and maintain compliance with the
requirements of this Part.
d)
Utilities
All utilities, including but not limited to heat, lights, power, and communications
equipment, necessary for safe operation in compliance with the requirements of
this Part must be available at the facility at all times.
e)
Maintenance
The owner or operator must maintain and operate all systems and related
appurtenances and structures in a manner that facilitates proper operations in
compliance with this Part.
f)
Dust Control
The owner or operator must implement methods for controlling dust so as to
minimize off-site wind dispersal of particulate matter.
g)
Noise Control
The facility must be designed, constructed, and maintained to minimize the level
of equipment noise audible outside the site. The facility must not cause or
contribute to a violation of the Board’s noise regulations or Section 24 of the Act.
h)
Fill Elevation
The owner or operator must not place CCDD used as fill
higher than the highest
point of elevation existing prior to the filling immediately adjacent to the fill area.
[415 ILCS 5/3.160(b)]
17
Board Note: This does not prohibit non-CCDD materials, such as uncontaminated
soil and other non-waste material, from being placed above grade in accordance
with the Act and regulations adopted thereunder to increase elevations at the fill
site.
i)
Mud Tracking
The owner or operator must implement methods to minimize tracking of mud by
hauling vehicles onto public roadways.
Section 1100.205
Load Checking
The owner or operator must institute and conduct a load checking program designed to detect
attempts to dispose of waste at the facility. At a minimum, the load checking program must
consist of the following components:
a)
Routine Inspections
1)
An inspector designated by the facility must inspect every load before its
acceptance at the facility utilizing an elevated structure, a designated
ground level inspection area, or another acceptable method as specified in
the Agency permit. In addition to a visual inspection, the inspector must
use an instrument with a photo ionization detector utilizing a lamp of 10.6
eV or greater or an instrument with a flame ionization detector, or other
monitoring devices approved by the Agency, to inspect each load. All
instruments shall be interpreted based on the manufacturer’s margin of
error. Any reading in excess of background levels using any of these
instruments must result in the rejection of the inspected load. In addition,
any reading in excess of background levels on any monitoring device used
by the Agency during an Agency inspection must result in the rejection of
the inspected load.
2)
Cameras or other devices may be used to record the visible contents of
shipments. Where such devices are employed, their use should be
designated on a sign posted near the entrance to the facility.
b)
Random Inspections
1)
In addition to the inspections required under subsection (a) of this Section,
an inspector designated by the facility must conduct a discharge inspection
of at least one randomly selected load delivered to the facility each day.
The driver of the randomly selected load must be directed to discharge the
load at a separate, designated location within the facility. The inspector
must conduct an inspection of the discharged material that includes, but is
not limited to, additional visual inspection and additional instrument
18
testing using the instruments required under subsection (a)(1) of this
Section. All instruments shall be interpreted based on the manufacturer’s
margin of error. Any reading in excess of background levels using any of
these instruments must result in the rejection of the inspected load. In
addition, any reading in excess of background levels on any monitoring
device used by the Agency during an Agency inspection must result in the
rejection of the inspected load.
2)
Cameras or other devices may be used to record the visible contents of
shipments. Where such devices are employed, their use should be
designated on a sign posted near the entrance to the facility.
c)
Documentation of Inspection Results
The documentation for each inspection must include, at a minimum, the
following:
1)
The date and time of the inspection, the name of the hauling firm, the
vehicle identification number or license plate number, and the source of
the CCDD;
2)
The results of the routine inspection required under subsection (a) of this
Section, including, but not limited to, the monitoring instruments used,
whether the load was accepted or rejected, and for rejected loads the
reason for the rejection;
3)
The results of any random inspection required under subsection (b) of this
Section, including, but not limited to, the monitoring instruments used,
whether the load was accepted or rejected, and for rejected loads the
reason for the rejection; and
4)
The name of the inspector.
d)
Rejection of Loads
1)
If material other than CCDD is found or suspected, the owner or operator
must reject the load and present the driver of the rejected load with written
notice of the following:
A)
That only CCDD is accepted for use as fill at the facility;
B)
That the rejected load contains or is suspected to contain material
other than CCDD, and that the material must not be taken to
another CCDD fill operation and must be properly recycled or
disposed of at a permitted landfill;
19
C)
That for all inspected loads the owner or operator is required to
record, at a minimum, the date and time of the inspection, the
name of the hauling firm, the vehicle identification number or
license plate number, and the source of the fill and is required to
make this information available to the Agency for inspection.
2)
The owner or operator must ensure the cleanup, transportation, and proper
disposal of any material other than CCDD that remains at the facility after
the rejection of a load.
e)
The owner or operator must take special precautionary measures as specified in
the Agency permit prior to accepting loads from persons or sources found or
suspected to be responsible for sending or transporting material other than CCDD
to the facility. The special precautionary measures may include, but are not
limited to, questioning the driver about the load prior to its discharge and
increased visual inspection and instrument testing of the load.
f)
If material other than CCDD is discovered to be improperly accepted or deposited
at the facility, the owner or operator must remove and properly dispose of the
material.
g)
The owner or operator must ensure that all appropriate facility personnel are
properly trained in the identification of material that is not CCDD.
h)
All field measurement activities relative to equipment and instrument operation,
calibration and maintenance and data handling shall be conducted in accordance
with the following:
1)
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods"
(SW-846), Vol. One, Ch. One (Quality Control), incorporated by
reference at Section 1100.104 of this Part;
2)
The equipment or instrument manufacturer's or vendor's published
standard operating procedures; or
3)
Other operating procedures specified in the Agency permit.
i)
Documentation required under this Section must be kept for a minimum of three
years at the facility or in some alternative location specified in the Agency permit.
The documentation must be available for inspection and copying by the Agency
upon request during normal business hours.
20
Section 1100.206
Salvaging
a)
All salvaging operations must in no way interfere with the CCDD fill operation,
result in a violation of this Part, or delay the construction of final cover.
b)
All salvaging operations must be performed in a safe manner in compliance with
the requirements of this Part.
c)
Salvageable materials:
1)
May be accumulated onsite by an owner or operator, provided they are
managed so as not to create a nuisance, harbor vectors, cause malodors, or
create an unsightly appearance; and
2)
May not be accumulated at the facility for longer than one year unless a
longer period of time is allowed under the Act or is specified in the
Agency permit.
Section 1100.207
Boundary Control
a)
Unauthorized vehicular access to the working face of all units and to all other
areas within the boundaries of the facility must be restricted.
b)
A permanent sign must be posted at the entrance to the facility or each unit stating
that only CCDD is accepted for use as fill.
Section 1100.208
Closure
a)
Completion of Filling
1)
The owner or operator is deemed to have completed CCDD filling:
A)
30 days after the date on which the facility receives the final load
of CCDD for use as fill; or
B)
If the facility has remaining capacity and there is a reasonable
likelihood that the facility will receive additional CCDD for use as
fill, no later than one year after the most recent receipt of CCDD
for use as fill.
2)
The Agency must grant extensions beyond the one year deadline in
subsection (a)(1)(B) of this Section if the owner or operator demonstrates
that:
A)
The facility has the capacity to receive additional CCDD for use as
fill; and
21
B)
The owner or operator has taken and will continue to take all steps
necessary to prevent threats to human health and the environment
from the facility.
b)
Closure
1)
Final Cover
All filled areas must be
covered by sufficient uncontaminated soil to
support vegetation within 30 days of the completion of filling or
must be
covered by a road or structure
[415 ILCS 5/3.160]. The minimum
amount of soil to support vegetation is one foot. The final surface must
prevent or minimize erosion.
2)
Final Slope and Stabilization
A)
The final slopes and contours must be constructed to complement
and blend with the surrounding topography of the proposed final
land use of the area.
B)
All drainage ways and swales must be constructed to safely pass
the runoff from the 100-year, 24-hour precipitation event without
scouring or erosion.
C)
The final configuration of the facility must be constructed in a
manner that minimizes erosion.
D)
Standards for Vegetation
i)
Vegetation must minimize wind and water erosion;
ii)
Vegetation must be compatible with (i.e. grow and survive
under) the local climatic conditions;
iii)
Temporary erosion control measures, including, but not
limited to, the application, alone or in combination, of
mulch, straw, netting, or chemical soil stabilizers, must be
undertaken while vegetation is being established.
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
22
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.
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.
Section 1100.210
Recordkeeping Requirements
The owner or operator must maintain an operating record at the facility or in some alternative
location specified in the Agency permit. The owner or operator must make the operating record
available for inspection and copying by the Agency upon request during normal business hours.
Information maintained in the operating record must include, but is not limited to, the following:
a)
Any information submitted to the Agency pursuant to this Part, including, but not
limited to, copies of all permits, permit applications, and annual reports;
b)
Written procedures for load checking, load rejection notifications, and training
required under Section 1100.205 of this Part.
Section 1100.211
Annual Reports
23
The owner or operator must submit an annual report to the Agency each calendar year by the
date specified in the Agency permit. The annual report must include, at a minimum, the
following information:
a)
A summary of the number of loads accepted and the number of loads rejected
during the calendar year.
b)
Amount of CCDD expected in the next year;
.
c)
Any modification affecting the operation of the facility
.
d)
The signature of the owner or operator, or the owner or operator’s duly authorized
agent as specified in Section 1100.303 of this Part.
SUBPART C: PERMIT INFORMATION
Section 1100.301
Scope and Applicability
All persons seeking a permit for a CCDD fill operation must submit to the Agency an application
for the permit in accordance with the Act and this Part.
Section 1100.302
Notification
The applicant must provide notification of the request for a permit 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 legislative districts in which that facility is located, and the clerk of each
municipality located within three miles of the facility. Proof of providing the notifications
required under this Section must be included in the permit application.
Section 1100.303
Required Signatures
a)
All permit applications must contain the name, address, and telephone number of
the owner and operator, and any duly authorized agents of the owner or operator
to whom inquiries and correspondence should be addressed.
b)
All permit applications must be signed by the owner and operator, or by their duly
authorized agents with an accompanying oath or affidavit attesting to the agent's
authority to sign the application on behalf of the owner or operator. All
signatures must be notarized. The following persons are considered duly
authorized agents of the owner and operator:
1)
For corporations, a principal executive officer of at least the level of vice
president;
2)
For a sole proprietorship, the sole proprietor;
24
3)
For a partnership, a general partner; and
4)
For a municipality, state, federal or other public agency, by the head of the
agency or a ranking elected official.
Section 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;
e)
Any wellhead protection areas pursuant to Section 1428 of the Safe Water
Drinking Act (SDWA) (42 USC 300f) and any sole source aquifer designated by
the United States Environmental Protection Agency pursuant to Section 1424(e)
of SDWA.
f)
All main service corridors, transportation routes, and access roads to the site and
facility.
Section 1100.305
Facility Plan Maps
The application must contain maps showing the details of the facility. The maps must have a
scale no smaller than one inch equals 200 feet, have appropriate contour intervals as needed to
delineate all physical features of the facility, and show the following:
a)
The entire facility, including, but not limited, to all permanent structures and
roads within the facility;
b)
The boundaries, both above and below ground level, of the facility and all units
included in the facility;
c)
All roads entering and exiting the facility; and
d)
Devices for controlling access to the facility.
25
Section 1100.306
Narrative Description of the Facility
The permit application must contain a written description of the facility with supporting
documentation describing the procedures and plans that will be used at the facility to comply
with the requirements of this Part. Such descriptions must include, but are not limited to, the
following information:
a)
A description of the CCDD being used as fill and a load checking plan describing
how the owner or operator will comply with Section 1100.205 of this Part;
b)
The types of CCDD expected in each unit, an estimate of the maximum capacity
of each unit, and the rate at which CCDD is to be placed in each unit;
c)
The estimated density of the CCDD;
d)
The length of time each unit will receive CCDD;
e)
A description of all equipment to be used at the facility for complying with the
facility permit, the Act, and Board regulations.
f)
A description of any salvaging to be conducted at the facility, including, but not
limited to, a description of all salvage facilities and a description of how the
owner or operator will comply with Section 1100.206 of this Part;
g)
A description of how the owner or operator will comply with the requirements of
Section 1100.207 of this Part;
h)
A description of how the owner or operator will comply with Sections
1100.204(c) and (e) of this Part;
i)
A description of the methods to be used for controlling dust in compliance with
Section 1100.204(f) of this Part;
j)
A description of how the owner or operator will control noise in compliance with
Section 1100.204(g) of this Part; and
k)
A description of all existing and planned roads in the facility that will be used
during the operation of the facility, the size and type of such roads, and the
frequency with which they will be used.
Section 1100.307
Proof of Property Ownership and Certifications
The permit application must contain a certificate of ownership of the facility property and
certifications regarding the provisions of Sections 39(i) and 39(i-5) of the Act. The owner and
26
operator must certify that the Agency will be notified within seven days of any changes in
ownership.
Section 1100.308
Surface Water Control
The permit application must contain a plan for controlling surface water which demonstrates
compliance with Section 1100.202 of this Part, and which includes at least the following:
a)
A copy of any approved National Pollutant Discharge Elimination System
(NPDES) permit issued pursuant to 35 Ill. Adm. Code 309 to discharge runoff
from all filled areas of the facility, or a copy of any such NPDES permit
application if an NPDES permit is pending; and
b)
A map showing the location of all surface water control structures at the facility.
Section 1100.309
Closure Plan
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;
f)
A description of how the applicant will comply with Section 1100.208 of this
Part; and
g)
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.
Section 1100.310
Postclosure Maintenance Plan
27
The permit application must contain a postclosure maintenance plan that includes a description
of the planned uses of the property during the postclosure maintenance period and a description
of the measures to be taken during the postclosure maintenance period in compliance with the
requirements of Section 1100.209 of this Part.
SUBPART D: PROCEDURAL REQUIREMENTS FOR PERMITTING
Section 1100.401
Purpose of Subpart
This Subpart contains the procedures to be followed by all applicants and the Agency for
applications for permits for CCDD fill operations.
Section 1100.402
Delivery of Permit Application
All permit applications must be submitted on forms prescribed by the Agency, and must be
mailed or delivered to the address designated by the Agency on the forms. The Agency must
provide a dated, signed receipt upon request. The Agency's record of the date of filing must be
deemed conclusive unless a contrary date is proved by a dated, signed receipt.
Section 1100.403
Agency Decision Deadlines
a)
If there is no final action by the Agency within 90 days after the filing of the
application for permit, the applicant may deem the permit issued.
[415 ILCS
5/39]
b)
An application for permit pursuant to this Subpart must not be deemed filed until
the Agency has received all information and documentation in the form and with
the content required by this Part. However, if, the Agency fails to notify the
applicant within 30 days after the filing of a purported application that the
application is incomplete and the reason the Agency deems it incomplete, the
application must be deemed to have been filed as of the date of such purported
filing as calculated pursuant to Section 1100.402 of this Part. The applicant may
treat the Agency's notification that an application is incomplete as a denial of the
application for the purposes of review pursuant to Section 1100.406 of this Part.
c)
The applicant may waive the right to a final decision in writing prior to the
applicable deadline in subsection (a) of this Section.
d)
The applicant may modify a permit application at any time prior to the Agency
decision deadline date. Any modification of a permit application must constitute
a new application for the purposes of calculating the Agency decision deadline
date.
e)
The Agency must mail all notices of final action by registered or certified mail,
postmarked with a date stamp and accompanied by a return receipt request. Final
28
action must be deemed to have taken place on the date that such final action is
signed.
Section 1100.404
Standards for Issuance of a Permit
a)
The Agency must issue a permit upon proof that the facility, unit, or equipment
will not cause a violation of
the
Act or of Board regulations set forth in 35 Ill.
Adm. Code: Chapter I.
[415 ILCS 5/39]
b)
In granting permits, the Agency must impose such conditions as may be necessary
to accomplish the purposes of
the
Act, and as are not inconsistent with Board
regulations set forth in 35 Ill. Adm. Code: Chapter I.
[415 ILCS 5/39]
Section 1100.405
Standards for Denial of a Permit
If the Agency denies any permit under this
Part
, the Agency must transmit to the applicant within
the time limitations of this
Part
specific, detailed statements as to the reasons the permit
application was denied. Such a statement must include, but not be limited to, the following:
a)
the Sections of the Act which may be violated if the permit were granted;
b)
the provisions of the regulations, promulgated under the Act, which may be
violated if the permit were granted;
c)
the specific type of information, if any, which the Agency deems the applicant did
not provide the Agency; and
d)
a statement of specific reasons why the Act and the regulations might not be met
if the permit were granted.
[415 ILCS 5/39].
Section 1100.406
Permit Appeals
If the Agency refuses to grant or grants with conditions a permit the applicant may, within 35
days, petition for a hearing before the Board to contest the decision of the Agency
[415 ILCS
5/40(a)(1)]. The petition must be filed, and the proceeding conducted, pursuant to the
procedures of Section 40 of the Act and Board rules.
Section 1100.407
Permit No Defense
The issuance and possession of a permit does not constitute a defense to a violation of the Act or
any Board rules, except for the use of CCDD as fill material in a current or former quarry, mine,
or other excavation without a permit.
Section 1100.408
Term of Permit
a)
Permits issued under to this Part must not have a term of more than 10 years.
29
b)
All permits are valid until postclosure maintenance is completed or until the
permit expires or is revoked, as provided herein.
c)
The violation of any permit condition or the failure to comply with any provision
of this Part is grounds for sanctions as provided in the Act, including, but not
limited to, permit revocation. Such sanctions must be sought by filing a
complaint with the Board pursuant to Title VIII of the Act (415 ILCS 5/30).
Section 1100.409
Transfer of Permits
No permit is transferable from one person to another except as approved by the Agency.
Approval must be granted only if a new owner or operator who is seeking transfer of a permit
can demonstrate the ability to comply with all applicable requirements of this Part.
Section 1100.410
Procedures for the Modification of Permits
a)
Owner or operator initiated modification.
A modification to an approved permit may be initiated at the request of an owner
or operator at any time after the permit is approved. The owner or operator
initiates a modification by application to the Agency.
b)
Agency initiated modification.
1)
The Agency may modify a permit under the following conditions:
A)
Discovery of a typographical or calculation error;
B)
Discovery that a determination or condition was based upon false
or misleading information;
C)
An order of the Board issued in an action brought pursuant to Title
VIII, IX or X of the Act; or
D)
Promulgation of new statutes or regulations affecting the permit.
2)
Modifications initiated by the Agency must not become effective until
after 45 days of receipt by the owner or operator, unless stayed during the
pendency of an appeal to the Board. All other time periods and
procedures in Section 1100.403 of this Part apply. The owner or operator
may request the Agency to reconsider the modification, or may file a
petition with the Board pursuant to Section 1100.406 of this Part. All
other time periods and procedures in Section 1100.403 of this Part apply.
30
Section 1100.411
Procedures for the Renewal of Permits
a)
Time of Filing
An application for the renewal of a permit must be filed with the Agency at least
90 days prior to the expiration date of the existing permit.
b)
Effect of Timely Filing
When a permittee has made timely and sufficient application for the renewal of a
permit, the existing permit must continue in full force and effect until the final
agency decision on the application has been made and any final board decision on
any appeal pursuant to Section 40 has been made unless a later date is fixed by
order of a reviewing court. (See Section 10-65 of the Illinois Administrative
Procedure Act (5 ILCS 100/10-65))
c)
Information Required for Permit Renewal
The owner or operator must submit only the information required under Subpart
C of this Part that has changed since the last permit review by the Agency. The
application for renewal must be signed in accordance with the signature
requirements of Section 1100.303 of this Part.
d)
Procedures for Permit Renewal
Applications for permit renewal are subject to all requirements and time
schedules in Sections 1100.402 through 1100.409 of this Part.
Section 1100.412
Procedures for Closure and Postclosure Maintenance
a)
Notification of Receipt of Final Volume
Within 30 days after the date the final volume of CCDD is received the owner or
operator must notify the Agency in writing of the receipt of the final volume of
CCDD.
b)
Certification of Closure
1)
When the closure of the facility is complete, the owner or operator must
submit to the Agency:
A)
Documentation concerning closure of the facility, including, but
not limited, to plans or diagrams of the facility as closed and the
date closure was completed.
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B)
An affidavit by the owner or operator and the seal of a professional
engineer that the facility has been closed in accordance with the
closure plan and the closure requirements of this Part.
2)
When the Agency determines, pursuant to the information received
pursuant to subsection (b)(1) of this Section and any Agency site
inspection, that the facility has been closed in accordance with the
specifications of the closure plan and the closure requirements of this Part,
the Agency must:
A)
Issue a certificate of closure; and
B)
Specify the date the postclosure maintenance period begins, based
on the date closure was completed.
c)
Termination of the Permit
1)
At the end of the postclosure maintenance period the owner or operator
may submit to the Agency an application for termination of the permit.
The application must be submitted in a format prescribed by the Agency
and must include, at a minimum, the certification of a professional
engineer and the affidavit of the owner or operator demonstrating that, due
to compliance with the postclosure maintenance plan and the postclosure
maintenance requirements of this Part, postclosure maintenance is no
longer necessary because:
A)
Vegetation has been established on all nonpaved areas;
B)
The surface has stabilized sufficiently with respect to settling and
erosion so that further stabilization measures, pursuant to the
postclosure maintenance plan, are no longer necessary; and
C)
The owner or operator has completed all requirements of the
postclosure maintenance plan.
2)
Within 90 days after receiving the certification required by subsection
(c)(1) of this Section, the Agency must notify the owner or operator in
writing that the permit is terminated, unless the Agency determines,
pursuant to the information received pursuant to subsection (c)(1) of this
Section and any Agency site inspection, that continued postclosure
maintenance is required pursuant to the postclosure maintenance plan and
this Part.
3)
The owner or operator may deem the Agency action pursuant to
subsection (c)(2) of this Section as a denial or grant of permit with
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conditions for purposes of appeal pursuant to Section 40(d) of the Act and
the appeal provisions of this Part.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on April 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
