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

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

1100 .308

Surface Water Control

1100 .309

Closure Plan

1100 .310

Postclosure Maintenance Plan

SUBPART D : PROCEDURAL REQUIREMENTS FOR PERMITTING

I

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 CCDDCIear CQAstru ctjDP .or demonlitinn debris

(CCDDL

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 .

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 4the} use complies with Illinois Department of

Transportation specifications [415 ILCS 5/22 .51(b)(4)(B)] ;

Board Notc OARP 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

I

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] .

"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 -fthe} 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) y

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-a 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)the first identical

paraaranh b immediately ab yS within 30 days e€after its generation-y or (iii)

I

I

solely broken concrete without protruding metal bars used for erosion control- .L

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 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, 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 4the} 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

. This does not

prohibit non-CCDD material, such as uncontaminated soil and other non-waste

material from being placed as fill material in a unit

. Pursuant to Section

3

.160 of the Act, when uncontaminated soil is commingled with CCDD, the

uncontaminated soil is considered CCDD

. Accordingly, the other non-waste

material commingled with CCDD is considered CCDD

.

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-)- . .L

Section 1100

.202

Surface Water Drainage

a)

Runoff

Filled Areas

I

I

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 .

---

I

I

I

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 hem rom 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 Ccctiona$ectioa

1100 .305(a) through (d) of

this Part .

Section 1100 .204

Operating Standards

a)

Placement of

fill matcrialFill Material

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 thcrcundcr

.uader the Act .

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

thcrcundcr .under the Act

.

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 .

I

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)]

Board NotQBOARD

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

I

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 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 ;

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

thrcoa 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 .

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

I

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

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 ;

I

I

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 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 s-xJ 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 .

I

Section 1100 .211

Annual Reports

---

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 ;

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 1fl/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

.

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

Ccctiono$ectisri

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 operator must certify that the Agency will be

notified within

eeien2 days e€after

any changes in ownership .

Section 1100 .308

Surface Water Control

The permit application must contain a plan for controlling surface water

wk-i~ demonstrates compliance with Section 1100

.202 of this Part, and

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

:

I

I

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

eS

ion 1100

.208 (a) (1) (B) or (a) (2) of this Part

;

---

c)

operating

Stepslifenecessary

;

for

closure of

the facility at the end of its intended

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

closurerequired

;

for closure activities that will allow tracking of the progress of

f)

this PartA

description

; and

of how the applicant will comply with Section 1100

.208 of

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

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

ILCS

the

5/39]application

for permit, the applicant may deem the permit issued

. [415

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

Partof

such

. The

purported

applicant

filing

may treat

as calculated

the Agency's

pursuant

notification

to Section

that

1100an

.402

application

of this

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 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 .

b)

All permits are valid until postclosure maintenance is completed or until

the permit expires or is revoked, as provided hcrcin .yg this Part

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 {j415

ILCS 5/30)Title VII11 .

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 op era tor initiated modifi ation

.Oneratnr initiated

.

Mndifirat

.ing

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 modifi ation .jZitiatedModification

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 muotwill

not become effective until

after 45 days e€after 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 .

I

I

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

ageneya°encv

decision on the application has been made and any final

bearBoard

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 4j5 ILCS 100/10-65}j.)

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 .

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

I

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

---

I

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

I

pursuant

3)

to the postclosure maintenance plan and this Part

.

The owner or

operator may deem the

••

t_

Sec •' •,

•,

Agency action

pursuant to subsection (c) (2) of this Section a-e

s d m d

a denial or grant of

permit with conditionsfor

purpooco-ef

appeal-pursuant to Ccetion 40(d)

of the-

Act and

the app -1 p

ILLINOIS RECICTER

,T('AP19ll00-06977llr0]

POLLUTION CONTROL BOARD

NOTICE Or PROPOSED

RULE

---

Document come arison done b DeltaView on Monda , A

. ril 17, 2006 10:39:38 AM

Document 1

Document 2

Renderin set

ile ://I :/Insut/35-1100-An en

issuel6 .doc

ile ://I :/In

.ut135-1100-rOl issue 16 doc

Standard

.

Moved ftom

Moved d o

S le chan:e

Format chance

Inserted cell

Deleted cell

Moved cell

S lit/Mer ed cell

Paddin cell

Count

Insertions

49

Deletions

61

Moved from

I

Moved to

1

0

Format chan ed

0

Total chan es

112

---

uf

.. . v .'~:9'

ed j l

JCAR351100-0607711 r0I

1

TITLE 35 : ENVIRONMENTAL PROTECTION

2

SUBTITLE J : CLEAN CONSTRUCTION OR DEMOLITION DEBRIS

3

CHAPTER I: POLLUTION CONTROL BOARD

4

5

PART 1100

6

CLEAN CONSTRUCTION OR DEMOLITION DEBRIS FILL OPERATIONS

7

8

SUBPART A

: GENERAL

9

10 Section

11 1100.101

Scope and Applicability

12 1100 .102

Severability

13 1100 .103

Definitions

14 1100 .104

Incorporations by Reference

15

16

SUBPART B : STANDARDS

17

18 Section

19 1100.201

Prohibitions

20 1100.202

Surface Water Drainage

21 1100.203

Annual Facility Map

22 1100.204

Operating Standards

23 1100.205

Load Checking

24 1100.206

Salvaging

25 1100.207

Boundary Control

26

1100.208

Closure

27 1100.209

Postclosure Maintenance

28 1100.210

Recordkeeping Requirements

29 1100.211

Annual Reports

30

31

SUBPART C : PERMIT INFORMATION

32

33 Section

34 1100.301

Scope and Applicability

35 1100.302

Notification

36 1100.303

Required Signatures

37 1100.304

Site Location Map

38 1100.305

Facility Plan Maps

39 1100.306

Narrative Description of the Facility

40 1100.307

Proof of Property Ownership and Certifications

41 1100.308

Surface Water Control

42 1100.309

Closure Plan

43 1100.310

Postclosure Maintenance Plan

---

JCAR351100-060771 I rOl

44

45

SUBPART D: PROCEDURAL REQUIREMENTS FOR PERMITTING

46

47 Section

48

1100.401

Purpose of Subpart

49

1100.402

Delivery of Permit Application

50 1100.403

Agency Decision Deadlines

51

1100.404

Standards for Issuance of a Permit

52

1100.405

Standards for Denial of a Permit

53

1100.406

Permit Appeals

54 1100.407

Permit No Defense

55

1100.408

Term of Permit

56

1100.409

Transfer of Permits

57

1100.410

Procedures for the Modification of Permits

58

1100.411

Procedures for the Renewal of Permits

59

1100.412

Procedures for Closure and Postclosure Maintenance

60

61 AUTHORITY : Implementing Sections 5 and 22 .51 and authorized by Section 22 .51 and 27 of

62

the Environmental Protection Act [415 ILCS 5/5, 22 .51, and 27] .

63

6564

SOURCE: Adopted in R06-19 at 30111 . Reg. , effective

66

SUBPART A: GENERAL

67

68 Section 1100 .101 Scope and Applicability

69

70

a)

This Part applies to all clear construction or demonlition debris (CCDD) fill

71

operations that are required to be permitted pursuant to Section 22

.51 of the Act,

72

other than CCDD fill operations permitted pursuant to 35 Ill . Adm. Code 807 or

73

811 through 814.

74

75

b)

This Part does not apply to :

76

77

1)

CCDD other than CCDD used as fill material in a current or former

78

quarry, mine, or other excavation .

79

80

2)

The

use

ofCCDD

asfill material in a current or former quarry, mine, or

81

other excavation located on the site where the CCDD was generated

[415

82

ILCS 5/22.51(b)(4)(A)];

83

84

3)

The use ofCCDD asfill

material in an excavation other than a current or

85

former quarry or mine if the use complies with

Illinois Department of

86

Transportation specifications [415 ILCS 5/22 .5 1 (b)(4)(B)] ;

---

JCAR351100-0607711r01

87

88

BOARD NOTE

: The Illinois Department of Transportation (IDOT)

89

specifications applicable to the use of CCDD as fill can be found at

90

Articles 107 .22 and 202

.03 of IDOT's "Standard Specifications for Road

91

and Bridge Construction ." According to IDOT specifications, this

92

exemption applies to IDOT, a county, a municipality, or a township

.

93

94

4)

The use of the following types of material as fill material :

95

96

A)

CCDD that is considered "waste" under the Act or rules adopted

97

pursuant to the Act ; or

98

99

B)

Any material other than CCDD, including, but not limited to,

100

material generated on site as part of a mining process ; and

101

102

5)

The portions of a site not used for a CCDD fill operation

.

103

104 Section 1100 .102 Severability

105

106 If any provision of this Part or its application to any person or under any circumstances is

107

adjudged invalid, such adjudication must not affect the validity of this Part as a whole or of any

108 portion not adjudged invalid .

109

110

Section 1100.103 Definitions

111

112

Except as stated in this Section, or unless a different meaning of a word or term is clear from the

113

context, the definition of words or terms in this Part will be the same as that applied to the same

114 words or terms in the Environmental Protection Act [415 ILCS 5] :

115

116

"10-year, 24-hour precipitation event" means a precipitation event of 24-hour

117

duration with a probable recurrence interval of once in 10 years .

118

119

"100-year, 24-hour precipitation event" means a precipitation event of 24-hour

120

duration with a probable recurrence interval of once in 100 years .

121

122

"Act" means the Environmental Protection Act [415 ILCS 5]

.

123

124

"Agency" is the Illinois Environmental Protection Agency established by

the Act.

125

[415 ILCS 5/3 .105]

126

127

"Applicant" means the person submitting an application to the Agency for a

128

permit for a CCDD fill operation .

129

---

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

JCAR351100-0607711rOl

"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" ifit is:

used as f ll material outside of a setback zone

ifthe 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 offilling or

if

covered by a road or structure

; or

separated or processed and returned to the economic mainstream in the

form of raw materials or products,

ifit is not speculatively accumulated

and, if

used as a fill material, it is used in accordance with the first

identical paragraph immediately above within 30 days after its generation

;

or

solely broken concrete without protruding metal bars used for erosion

control; or

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

---

JCAR351100-0607711 rOl

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 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 35 111 . 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 .

---

JCAR351100-0607711rOl

215

"Owner" means a person who has any direct or indirect interest in a CCDD fill

216

operation or in land on which a person operates and maintains a CCDD fill

217

operation . A "direct or indirect interest" does not include the ownership of

218

publicly traded stock . The "owner" is the "operator" if there is no other person

219

who is operating and maintaining a CCDD fill operation

.

220

221

"Person" is any individual, partnership, co partnership, firm, company,

222

corporation, association, joint stock company, trust, estate, political subdivision,

223

State agency, or any other legal entity, or their legal representative, agent or

224

assigns . [415 ILCS 5/3 .115]

225

226

"Professional engineer" means a person who has registered and obtained a seal

227

pursuant to the Professional Engineering Practice Act of 1989 [225 ILCS 325] .

228

229

"Runoff' means water resulting from precipitation that flows overland before it

230

enters a defined stream channel, any portion of such overland flow that infiltrates

231

into the ground before it reaches the stream channel, and any precipitation that

232

falls directly into a stream channel

.

233

234

"Salvaging" means the return of CCDD to use other than use as fill at a CCDD fill

235

operation .

236

237

"Setback zone" means a geographic area, designated pursuant to the Act,

238

containing a potable water supply well or a potential source or potential route,

239

having a continuous boundary, and within which certain prohibitions or

240

regulations are applicable in order to protect groundwaters . [415 ILCS 5/3 .450]

241

242

"Unit" means a contiguous area within a facility that is permitted for the

243

placement of CCDD as fill material .

244

245

"Working face" means any part of a unit where CCDD is being placed as fill

.

246

247 Section 1100.104 Incorporations by Reference

248

249

a)

The Board incorporates the following material by reference :

250

251

U.S

. Government Printing Office, Washington, D .C. 20402, Ph : 202-783-

252

3238 :

253

254

Test Methods for Evaluating Solid Waste, Physical/Chemical

255

methods, EPA Publication SW-846 (Third Edition, 1986 as

256

amended by Updates I, II, IIA, IIB, III, 111A and 111B) .

257

258

b)

This incorporation includes no later amendments or editions .

---

259

260

261

262

Section 1100 .201 Prohibitions

263

264

265

266

267

268

269

270

271

272

273

274

275

276

277

278

279

280

281

282

283

284

285

286

287

288

289

290

291

292

293

294

295

296

297

298

299

300

a)

b)

c)

No person shall conduct any CCDDfll operation in violation of

the

Actor any

regulations or standards adopted by the Board. [415 ILCS 5/22 .51(a)] .

CCDD fill operations must not accept waste for use as fill . This does not prohibit

non-CCDD material, such as uncontaminated soil and other non-waste material

from being placed as fill material in a unit . Pursuant to Section 3 .160 of the Act,

when uncontaminated soil is commingled with CCDD, the uncontaminated soil is

considered CCDD. Accordingly, the other non-waste material commingled with

CCDD is considered CCDD .

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.

SUBPART B : STANDARDS

Diversion of Runoff from Unfilled Areas

1)

Runoff from unfilled areas must be diverted around filled areas to the

greatest extent practical .

JCAR351100-060771lrOl

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)

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 .

---

301

302

303

304

305

306

307

308

309 Section 1100.203 Annual Facility Map

310

311

312

313

314

315

316

317

318

319

320

321

322

323

324

325

326

327

328

329

330

331

332

333

334

335

336

337

338

339

340

341

342

343

JCAR351100-0607711 rO l

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.

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 Section 1100

.305(a) through (d) of this

Part.

Section 1100.204 Operating Standards

a)

Placement of Fill Material

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 under the Act .

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 under the Act.

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.

---

JCAR351100-0607711r01

344

345

f)

Dust Control

346

The owner or operator must implement methods for controlling dust so as to

347

minimize off-site wind dispersal of particulate matter .

348

349

g)

Noise Control

350

The facility must be designed, constructed, and maintained to minimize the level

351

of equipment noise audible outside the site . The facility must not cause or

352

contribute to a violation of the Board's noise regulations or Section 24 of the Act .

353

354

h)

Fill Elevation

355

The owner or operator must not place CCDD used as fill higher than the highest

356

point of elevation existing prior to the filling immediately adjacent to the fill area.

357

[415 ILCS 5/3 .160(b)]

358

359

BOARD NOTE : This does not prohibit non-CCDD materials, such as

360

uncontaminated soil and other non-waste material, from being placed above grade

361

in accordance with the Act and regulations adopted thereunder to increase

362

elevations at the fill site .

363

364

Mud Tracking

365

The owner or operator must implement methods to minimize tracking of mud by

366

hauling vehicles onto public roadways .

367

368 Section 1100.205

Load Checking

369

370

The owner or operator must institute and conduct a load checking program designed to detect

371

attempts to dispose of waste at the facility. At a minimum, the load checking program must

372 consist of the following components :

373

374

a)

Routine Inspections

375

376

1)

An inspector designated by the facility must inspect every load before its

377

acceptance at the facility utilizing an elevated structure, a designated

378

ground level inspection area, or another acceptable method as specified in

379

the Agency permit. In addition to a visual inspection, the inspector must

380

use an instrument with a photo ionization detector utilizing a lamp of 10 .6

381

eV or greater or an instrument with a flame ionization detector, or other

382

monitoring devices approved by the Agency, to inspect each load

. All

383

instruments shall be interpreted based on the manufacturer's margin of

384

error. Any reading in excess of background levels using any of these

385

instruments must result in the rejection of the inspected load . In addition,

386

any reading in excess of background levels on any monitoring device used

---

JCAR351100-0607711rOl

387

by the Agency during an Agency inspection must result in the rejection of

388

the inspected load .

389

390

2)

Cameras or other devices may be used to record the visible contents of

391

shipments. Where such devices are employed, their use should be

392

designated on a sign posted near the entrance to the facility .

393

394

b)

Random Inspections

395

396

1)

In addition to the inspections required under subsection (a) of this Section,

397

an inspector designated by the facility must conduct a discharge inspection

398

of at least one randomly selected load delivered to the facility each day

.

399

The driver of the randomly selected load must be directed to discharge the

400

load at a separate, designated location within the facility . The inspector

401

must conduct an inspection of the discharged material that includes, but is

402

not limited to, additional visual inspection and additional instrument

403

testing using the instruments required under subsection (a)(1) of this

404

Section. All instruments shall be interpreted based on the manufacturer's

405

margin of error . Any reading in excess of background levels using any of

406

these instruments must result in the rejection of the inspected load . In

407

addition, any reading in excess of background levels on any monitoring

408

device used by the Agency during an Agency inspection must result in the

409

rejection of the inspected load.

410

411

2)

Cameras or other devices may be used to record the visible contents of

412

shipments. Where such devices are employed, their use should be

413

designated on a sign posted near the entrance to the facility .

414

415

c)

Documentation of Inspection Results

416

The documentation for each inspection must include, at a minimum, the

417

following :

418

419

1)

The date and time of the inspection, the name of the hauling firm, the

420

vehicle identification number or license plate number, and the source of

421

the CCDD ;

422

423

2)

The results of the routine inspection required under subsection (a) of this

424

Section, including, but not limited to, the monitoring instruments used,

425

whether the load was accepted or rejected, and for rejected loads the

426

reason for the rejection;

427

428

3)

The results of any random inspection required under subsection (b) of this

429

Section, including, but not limited to, the monitoring instruments used,

---

JCAR351100-0607711 rO l

430

whether the load was accepted or rejected, and for rejected loads the

431

reason for the rejection; and

432

433

4)

The name of the inspector

.

434

435

d)

Rejection of Loads

436

437

1)

If material other than CCDD is found or suspected, the owner or operator

438

must reject the load and present the driver of the rejected load with written

439

notice of the following:

440

441

A)

That only CCDD is accepted for use as fill at the facility;

442

443

B)

That the rejected load contains or is suspected to contain material

444

other than CCDD, and that the material must not be taken to

445

another CCDD fill operation and must be properly recycled or

446

disposed of at a permitted landfill ;

447

448

C)

That for all inspected loads the owner or operator is required to

449

record, at a minimum, the date and time of the inspection, the

450

name of the hauling firm, the vehicle identification number or

451

license plate number, and the source of the fill and is required to

452

make this information available to the Agency for inspection .

453

454

2)

The owner or operator must ensure the cleanup, transportation, and proper

455

disposal of any material other than CCDD that remains at the facility after

456

the rejection of a load .

457

458

e)

The owner or operator must take special precautionary measures as specified in

459

the Agency permit prior to accepting loads from persons or sources found or

460

suspected to be responsible for sending or transporting material other than CCDD

461

to the facility. The special precautionary measures may include, but are not

462

limited to, questioning the driver about the load prior to its discharge and

463

increased visual inspection and instrument testing of the load .

464

465

f)

If material other than CCDD is discovered to be improperly accepted or deposited

466

at the facility, the owner or operator must remove and properly dispose of the

467

material

.

468

469

g)

The owner or operator must ensure that all appropriate facility personnel are

470

properly trained in the identification of material that is not CCDD .

471

---

JCAR351100-0607711rOl

472

h)

All field measurement activities relative to equipment and instrument operation,

473

calibration and maintenance and data handling shall be conducted in accordance

474

with the following:

475

476

1)

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods"

477

(SW-846), Vol . One, Ch . One (Quality Control), incorporated by reference

478

at Section 1100 .104 of this Part

;

479

480

2)

The equipment or instrument manufacturer's or vendor's published

481

standard operating procedures ; or

482

483

3)

Other operating procedures specified in the Agency permit .

484

485

i)

Documentation required under this Section must be kept for a minimum of 3

486

years at the facility or in some alternative location specified in the Agency permit

.

487

The documentation must be available for inspection and copying by the Agency

488

upon request during normal business hours .

489

490 Section 1100

.206 Salvaging

491

492

a)

All salvaging operations must in no way interfere with the CCDD fill operation,

493

result in a violation of this Part, or delay the construction of final cover .

494

495

b)

All salvaging operations must be performed in a safe manner in compliance with

496

the requirements of this Part

.

497

498

c)

Salvageable materials:

499

500

1)

May be accumulated onsite by an owner or operator, provided they are

501

managed so as not to create a nuisance, harbor vectors, cause malodors, or

502

create an unsightly appearance ; and

503

504

2)

May not be accumulated at the facility for longer than one year unless a

505

longer period of time is allowed under the Act or is specified in the

506

Agency permit.

507

508 Section 1100 .207 Boundary Control

509

510

a)

Unauthorized vehicular access to the working face of all units and to all other

511

areas within the boundaries of the facility must be restricted

.

512

513

b)

A permanent sign must be posted at the entrance to the facility or each unit stating

514

that only CCDD is accepted for use as fill

.

---

515

516 Section 1100.208 Closure

517

518

519

520

521

522

523

524

525

526

527

528

529

530

531

532

533

534

535

536

537

538

539

540

541

542

543

544

545

546

547

548

549

550

551

552

553

554

555

a)

Completion of Filling

1)

Closure

1)

2)

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

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)

Final Cover

All filled areas must be covered by sufficient uncontaminated soil to

support vegetation within 30 days of the completion offalling 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 .

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 .

JCAR351100-0607711r01

---

JCAR351100-0607711 rO l

556

B)

All drainage ways and swales must be constructed to safely pass

557

the runoff from the 100-year, 24-hour precipitation event without

558

scouring or erosion

.

559

560

C)

The final configuration of the facility must be constructed in a

561

manner that minimizes erosion.

562

563

D)

Standards for Vegetation

564

565

i)

Vegetation must minimize wind and water erosion

;

566

567

ii)

Vegetation must be compatible with (i .e., grow and survive

568

under) the local climatic conditions ;

569

570

iii)

Temporary erosion control measures, including, but not

571

limited to, the application, alone or in combination, of

572

mulch, straw, netting, or chemical soil stabilizers, must be

573

undertaken while vegetation is being established .

574

575

Section 1100.209 Postclosure Maintenance

576

577 The owner or operator must conduct postclosure maintenance in accordance with this Section

578 and the Agency permit for a minimum of one year after the Agency issues a certificate of closure

579 in accordance with Section 1100.412 of this Part unless a shorter period of time for postclosure

580 maintenance is specified in the Agency permit . Reasons for which the Agency may specify a

581

shorter period of time for postclosure maintenance include, but are not limited to, conformance

582

with existing reclamation plan requirements, zoning requirements, local ordinances, private

583

contracts, or development plans .

584

585

a)

The owner or operator must remove all equipment or structures not necessary for

586

the postclosure land use, unless otherwise authorized by the Agency permit .

587

588

b)

Maintenance and Inspection of the Final Cover

589

590

1)

Frequency of Inspections

. The owner or operator must conduct a quarterly

591

inspection of all surfaces during closure and for a minimum of one year

592

after closure .

593

594

2)

All rills, gullies, and crevices 6 inches or deeper identified in the

595

inspection must be filled . Areas identified by the owner or operator or the

596

Agency as particularly susceptible to erosion must be recontoured

.

597

---

JCAR351100-0607711rOl

598

3)

All eroded and scoured drainage channels must be repaired and lining

599

material must be replaced if necessary.

600

601

4)

All holes and depressions created by settling must be filled and

602

recontoured so as to prevent standing water .

603

604

5)

All reworked surfaces, and areas with failed or eroded vegetation in excess

605

of 100 square feet cumulatively, must be revegetated in accordance with

606

the approved closure plan for the facility .

607

608

c)

The Agency must approve postclosure use of the property if the owner or operator

609

demonstrates that the disturbance of the final cover will not increase the potential

610

threat to human health or the environment .

611

612 Section 1100 .210 Recordkeeping Requirements

613

614 The owner or operator must maintain an operating record at the facility or in some alternative

615

location specified in the Agency permit . The owner or operator must make the operating record

616 available for inspection and copying by the Agency upon request during normal business hours

.

617

Information maintained in the operating record must include, but is not limited to, the following :

618

619

a)

Any information submitted to the Agency pursuant to this Part, including, but not

620

limited to, copies of all permits, permit applications, and annual reports ;

621

622

b)

Written procedures for load checking, load rejection notifications, and training

623

required under Section 1100.205 of this Part .

624

625

Section 1100.211 Annual Reports

626

627

The owner or operator must submit an annual report to the Agency each calendar year by the

628

date specified in the Agency permit. The annual report must include, at a minimum, the

629

following information :

630

631

a)

A summary of the number of loads accepted and the number of loads rejected

632

during the calendar year

.

633

634

b)

Amount of CCDD expected in the next year .

635

636

c)

Any modification affecting the operation of the facility

.

637

638

d)

The signature of the owner or operator, or the owner or operator's duly authorized

639

agent as specified in Section 1100 .303 of this Part .

640

---

JCAR351100-0607711 r01

641

SUBPART C

: PERMIT INFORMATION

642

643

Section 1100.301 Scope and Applicability

644

645

All persons seeking a permit for a CCDD fill operation must submit to the Agency an application

646 for the permit in accordance with the Act and this Part .

647

648

Section 1100 .302 Notification

649

650 The applicant must provide notification of the request for a permit to the State's Attorney and the

651

Chairman of the County Board of the county in which the facility is located, each member of the

652

General Assembly from legislative districts in which that facility is located, and the clerk of each

653

municipality located within 3 miles of the facility . Proof of providing the notifications required

654

under this Section must be included in the permit application .

655

656 Section 1100 .303 Required Signatures

657

658

a)

All permit applications must contain the name, address, and telephone number of

659

the owner and operator, and any duly authorized agents of the owner or operator

660

to whom inquiries and correspondence should be addressed .

661

662

b)

All permit applications must be signed by the owner and operator, or by their duly

663

authorized agents with an accompanying oath or affidavit attesting to the agent's

664

authority to sign the application on behalf of the owner or operator

. All

665

signatures must be notarized . The following persons are considered duly

666

authorized agents of the owner and operator :

667

668

1)

For corporations, a principal executive officer of at least the level of vice

669

president;

670

671

2)

For a sole proprietorship, the sole proprietor ;

672

673

3)

For a partnership, a general partner

; and

674

675

4)

For a municipality, state, federal or other public agency, by the head of the

676

agency or a ranking elected official .

677

678

Section 1100.304 Site Location Map

679

680

All permit applications must contain a site location map on the most recent United States

681

Geological Survey (USGS) quadrangle of the area from the 7% minute series (topographic) that

682

clearly shows the following information :

683

---

JCAR351100-0607711rOl

684

a)

The site boundaries, the facility boundaries, and all adjacent property extending at

685

least 1000 meters (3300 feet) beyond the facility boundaries ;

686

687

b)

All surface waters ;

688

689

c)

All potable water supply wells within 1000 meters (3300 feet) of the facility

690

boundaries;

691

692

d)

All potable water supply well setback zones established pursuant to Section 14 .2

693

or 14.3

of the Act ;

694

695

e)

Any wellhead protection areas pursuant to Section 1428 of the Safe Water

696

Drinking Act (SDWA) (42 USC 300f) and any sole source aquifer designated by

697

the United States Environmental Protection Agency pursuant to Section 1424(e)

698

of SDWA.

699

700

f)

All main service corridors, transportation routes, and access roads to the site and

701

facility.

702

703 Section 1100.305

Facility Plan Maps

704

705

The application must contain maps showing the details of the facility

. The maps must have a

706

scale no smaller than one inch equals 200 feet, have appropriate contour intervals as needed to

707

delineate all physical features of the facility, and show the following :

708

709

a)

The entire facility, including, but not limited, to all permanent structures and

710

roads within the facility ;

711

712

b)

The boundaries, both above and below ground level, of the facility and all units

713

included in the facility ;

714

715

c)

All roads entering and exiting the facility

; and

716

717

d)

Devices for controlling access to the facility

.

718

719 Section 1100.306

Narrative Description of the Facility

720

721

The permit application must contain a written description of the facility with supporting

722

documentation describing the procedures and plans that will be used at the facility to comply

723

with the requirements of this Part

. Such descriptions must include, but are not limited to, the

724

following information:

725

---

JCAR351100-0607711rOl

726

a)

A description of the CCDD being used as fill and a load checking plan describing

727

how the owner or operator will comply with Section 1100 .205 of this Part ;

728

729

b)

The types of CCDD expected in each unit, an estimate of the maximum capacity

730

of each unit, and the rate at which CCDD is to be placed in each unit ;

731

732

c)

The estimated density of the CCDD;

733

734

d)

The length of time each unit will receive CCDD ;

735

736

e)

A description of all equipment to be used at the facility for complying with the

737

facility permit, the Act, and Board regulations ;

738

739

f)

A description of any salvaging to be conducted at the facility, including, but not

740

limited to, a description of all salvage facilities and a description of how the

741

owner or operator will comply with Section 1100 .206 of this Part;

742

743

g)

A description of how the owner or operator will comply with the requirements of

744

Section 1100 .207 of this Part ;

745

746

h)

A description of how the owner or operator will comply with Section 1100

.204(c)

747

and (e) of this Part ;

748

749

i)

A description of the methods to be used for controlling dust in compliance with

750

Section 1100 .204(f) of this Part ;

751

752

j)

A description of how the owner or operator will control noise in compliance with

753

Section 1100 .204(g) of this Part ; and

754

755

k)

A description of all existing and planned roads in the facility that will be used

756

during the operation of the facility, the size and type of such roads, and the

757

frequency with which they will be used .

758

759 Section 1100

.307 Proof of Property Ownership and Certifications

760

761

The permit application must contain a certificate of ownership of the facility property and

762

certifications regarding the provisions of Sections 39(i) and 39(i-5) of the Act

. The owner and

763

operator must certify that the Agency will be notified within 7 days after any changes in

764 ownership

.

765

766

Section 1100.308 Surface Water Control

767

---

JCAR351100-0607711 rO l

768

The permit application must contain a plan for controlling surface water that demonstrates

769

compliance with Section 1100.202

of this Part, and that includes at least the following

:

770

771

a)

A copy of any approved National Pollutant Discharge Elimination System

772

(NPDES) permit issued pursuant to 35 Ill

. Adm

. Code 309 to discharge runoff

773

from all filled areas of the facility, or a copy of any such NPDES permit

774

application if an NPDES permit is pending

; and

775

776

b)

A map showing the location of all surface water control structures at the facility

.

777

778

Section 1100

.309 Closure Plan

779

780

The permit application must contain a written closure plan that contains, at a minimum, the

781

following:

782

783

a)

Maps showing the configuration of the facility after closure of all units, including,

784

but not limited to, appropriate contours as needed to show the proposed final

785

topography after placement of the final cover for all filled areas

. All maps must

786

have a scale no smaller than one inch equals 200 feet

;

787

788

b)

Steps necessary for the temporary suspension of CCDD filling in accordance with

789

Section 1100

.208(a)(1)(B) or (a)(2) of this Part

;

790

791

c)

Steps necessary for closure of the facility at the end of its intended operating life

;

792

793

d)

An estimate of the expected year of closure

;

794

795

e)

Schedules for temporary suspension of CCDD filling and closure, which must

796

include, at a minimum, the total time required to close the facility and the time

797

required for closure activities that will allow tracking of the progress of closure

;

798

799

f)

A description of how the applicant will comply with Section 1100

.208 of this

800

Part; and

801

802

g)

A description of the final cover, including, but not limited to, the material to be

803

used as the final cover, application and spreading techniques, the types of

804

vegetation to be planted, and the types of roads or structures to be built pursuant

805

to Section 1100

.208 of this Part .

806

807

Section 1100.310

Postclosure Maintenance Plan

808

809

The permit application must contain a postclosure maintenance plan that includes a description

810

of the planned uses of the property during the postclosure maintenance period and a description

---

JCAR351100-0607711rOl

811

of the measures to be taken during the postclosure maintenance period in compliance with the

812

requirements of Section 1100.209

of this Part .

813

814

SUBPART D

: PROCEDURAL REQUIREMENTS FOR PERMITTING

815

816

Section 1100.401 Purpose of Subpart

817

818

This Subpart contains the procedures to be followed by all applicants and the Agency for

819

applications for permits for CCDD fill operations

.

820

821 Section 1100.402

Delivery of Permit Application

822

823

All permit applications must be submitted on forms prescribed by the Agency, and must be

824

mailed or delivered to the address designated by the Agency on the forms

. The Agency must

825

provide a dated, signed receipt upon request

. The Agency's record of the date of filing must be

826

deemed conclusive unless a contrary date is proved by a dated, signed receipt

.

827

828

Section 1100 .403 Agency Decision Deadlines

829

830

a)

Ifthere is no final action by the Agency within 90 days after the filing of the

831

application for permit, the applicant may deem the permit issued.

[415 ILCS

832

5/39]

833

834

b)

An application for permit pursuant to this Subpart must not be deemed filed until

835

the Agency has received all information and documentation in the form and with

836

the content required by this Part

. However, if, the Agency fails to notify the

837

applicant within 30 days after the filing of a purported application that the

838

application is incomplete and the reason the Agency deems it incomplete, the

839

application must be deemed to have been filed as of the date of such purported

840

filing as calculated pursuant to Section 1100

.402 of this Part

. The applicant may

841

treat the Agency's notification that an application is incomplete as a denial of the

842

application for the purposes of review pursuant to Section 1100

.406 of this Part .

843

844

c)

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

845

applicable deadline in subsection (a) of this Section .

846

847

d)

The applicant may modify a permit application at any time prior to the Agency

848

decision deadline date

. Any modification of a permit application must constitute

849

a new application for the purposes of calculating the Agency decision deadline

850

date.

851

852

e)

The Agency must mail all notices of final action by registered or certified mail,

853

postmarked with a date stamp and accompanied by a return receipt request

. Final

---

JCAR351100-0607711rOl

854

action must be deemed to have taken place on the date that such final action is

855

signed.

856

857

Section 1100.404

Standards for Issuance of a Permit

858

859

a)

The Agency must issue a permit upon proof that the facility, unit, or equipment

860

will not cause a violation of the

Act or of Board regulations set forth in 35 Ill

.

861

Adm. Code : Chapter I.

[415 ILCS 5/39]

862

863

b)

In granting permits, the Agency must impose such conditions as may be necessary

864

to accomplish the purposes of the

Act, and as are not inconsistent with Board

865

regulations set forth in 35 I11

. Adm. Code: Chapter I.

[415 ILCS 5/39]

866

867 Section 1100.405

Standards for Denial of a Permit

868

869

If the Agency denies any permit under this Part, the Agency must transmit to the applicant within

870

the time limitations of this Part specific, detailed statements as to the reasons the permit

871

application was denied

. Such a statement must include, but not be limited to, the following

:

872

873

a)

the Sections of the Act which may be violated

ifthe permit were granted

;

874

875

b)

the provisions of the regulations, promulgated under the Act, which may be

876

violated ifthe permit were granted;

877

878

c)

the specific type of information,

if

any, which the Agency deems the applicant did

879

not provide the Agency ; and

880

881

d)

a statement of specific reasons why the Act and the regulations might not be met

if

882

the permit were granted

. [415 ILCS 5/39] .

883

884 Section 1100.406

Permit Appeals

885

886 Ifthe

Agency refuses to grant or grants with conditions a permit, the applicant may, within 35

887

days, petition for a hearing before the Board to contest the decision of the Agency

[415 ILCS

888

5/40(a)(1)]

. The petition must be filed, and the proceeding conducted, pursuant to the

889 procedures of Section 40 of the Act and Board rules

.

890

891

Section

1100.407 Permit No Defense

892

893

The issuance and possession of a permit does not constitute a defense to a violation of the Act or

894

any Board rules, except for the use of CCDD as fill material in a current or former quarry, mine,

895

or other excavation without a permit

.

896

---

JCAR351100-0607711rOl

897 Section 1100.408

Term of Permit

898

899

a)

Permits issued under this Part must not have a term of more than 10 years

.

900

901

b)

All permits are valid until postclosure maintenance is completed or until the

902

permit expires or is revoked, as provided in this Part

.

903

904

c)

The violation of any permit condition or the failure to comply with any provision

905

of this Part is grounds for sanctions as provided in the Act, including, but not

906

limited to, permit revocation

. Such sanctions must be sought by filing a

907

complaint with the Board pursuant to Title VIII of the Act [415 ILCS 5/Title

908

VIII] .

909

910 Section 1100.409

Transfer of Permits

911

912

No permit is transferable from one person to another except as approved by the Agency

.

913

Approval must be granted only if a new owner or operator who is seeking transfer of a permit

914

can demonstrate the ability to comply with all applicable requirements of this Part

.

915

916 Section 1100.410

Procedures for the Modification of Permits

917

918

a)

Owner or Operator Initiated Modification

919

A modification to an approved permit may be initiated at the request of an owner

920

or operator at any time after the permit is approved

. The owner or operator

921

initiates a modification by application to the Agency.

922

923

b)

Agency Initiated Modification

924

925

1)

The Agency may modify a permit under the following conditions :

926

927

A)

Discovery of a typographical or calculation error

;

928

929

B)

Discovery that a determination or condition was based upon false

930

or misleading information ;

931

932

C)

An order of the Board issued in an action brought pursuant to Title

933

VIII, IX or X of the Act

; or

934

935

D)

Promulgation of new statutes or regulations affecting the permit

.

936

937

2)

Modifications initiated by the Agency will not become effective until 45

938

days after receipt by the owner or operator, unless stayed during the

939

pendency of an appeal to the Board

. All other time periods and

---

JCAR351100-060771 I rOl

940

procedures in Section 1100

.403 of this Part apply

. The owner or operator

941

may request the Agency to reconsider the modification, or may file a

942

petition with the Board pursuant to Section 1100

.406 of this Part

. All

943

other time periods and procedures in Section 1100

.403 of this Part apply .

944

945

Section 1100.411

Procedures for the Renewal of Permits

946

947

a)

Time of Filing

948

An application for the renewal of a permit must be filed with the Agency at least

949

90 days prior to the expiration date of the existing permit

.

950

951

b)

Effect of Timely Filing

952

When a permittee has made timely and sufficient application for the renewal of a

953

permit, the existing permit must continue in full force and effect until the final

954

Agency decision on the application has been made and any final Board decision

955

on any appeal pursuant to Section 40 has been made unless a later date is fixed by

956

order of a reviewing court

. (See Section 10-65 of the Illinois Administrative

957

Procedure Act [5 ILCS 100/10-65]

.)

958

959

c)

Information Required for Permit Renewal

960

The owner or operator must submit only the information required under Subpart C

961

of this Part that has changed since the last permit review by the Agency

. The

962

application for renewal must be signed in accordance with the signature

963

requirements of Section 1100.303

of this Part .

964

965

d)

Procedures for Permit Renewal

966

Applications for permit renewal are subject to all requirements and time schedules

967

in Sections 1100

.402 through 1100 .409 of this Part

.

968

969

Section 1100.412

Procedures for Closure and Postclosure Maintenance

970

971

a)

Notification of Receipt of Final Volume

972

Within 30 days after the date the final volume of CCDD is received, the owner or

973

operator must notify the Agency in writing of the receipt of the final volume of

974

CCDD.

975

976

b)

Certification of Closure

977

978

1)

When the closure of the facility is complete, the owner or operator must

979

submit to the Agency :

980

---

981

982

983

984

985

986

987

988

989

2)

990

991

992

993

994

995

996

997

998

999

1000

c)

Termination of the Permit

1001

1002

1003

1004

1005

1006

1007

1008

1009

1010

1011

1012

1013

1014

1015

1016

1017

1018

1019

1020

1021

1022

1023

1)

JCAR351100-0607711 rOl

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 .

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

.

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 .

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

---

JCAR351100-0607711r01

1024

Section and any Agency site inspection, that continued postclosure

1025

maintenance is required pursuant to the postclosure maintenance plan and

1026

this Part .

1027

1028

3)

For purposes of appeal pursuant to Section 40(d) of the Act and the appeal

1029

provisions of this Part, Agency action pursuant to subsection (c)(2)

of this

1030

Section is deemed a denial or grant of permit with conditions

.