ILLINOIS POLLUTION CONTROL BOARD
July 6, 2006
IN THE MATTER OF:
)
)
CLEAN CONSTRUCTION OR DEMOLITION
)
R06-19
DEBRIS FILL OPERATIONS UNDER P.A.
)
Rulemaking - Land
94-272 (35 ILL. ADM. CODE PART 1100)
)
Proposed Rule. Second Notice.
OPINION AND ORDER OF THE BOARD (by N.J. Melas):
This rulemaking proposes to add a new Part 1100 to the Board’s regulations establishing
a permit program for the use of clean construction or demolition debris (CCDD) as fill material
in current or former quarries, mines, or other excavations. The Environmental Protection
Agency (Agency) filed the proposal pursuant to Public Act 94-272. P.A. 94-272,
eff
. Jul. 19,
2005. Public Act 94-272 requires the Board to adopt rules no later than September 1, 2006. The
Board meeting scheduled immediately before that date is August 17, 2006.
After the public hearing on the Agency’s proposal, the Board adopted first notice rules on
April 6, 2006. 30 Ill. Reg. 7711 (Apr. 21, 2006). To date, the Board has received nine public
comments. The first-notice public comment period was scheduled to end June 5, 2006, but in a
June 13, 2006 order, the hearing officer assigned to this rulemaking extended the public
comment period through June 29, 2006. The proposal adopted today is substantively unchanged
from that adopted at the Board’s April 6, 2006 first-notice opinion and order. In this opinion, the
Board provides the procedural history of this rulemaking, an overview of the proposed new Part
1100, a discussion of issues raised in public comments, and the second-notice proposal.
Today the Board adopts this proposal for second-notice review by the Joint Committee
on Administrative Rules (JCAR).
PROCEDURAL BACKGROUND
On November 21, 2005, the Agency filed this proposal for rulemaking pursuant to
Sections 27 and 28 of the Environmental Protection Act (Act) and 35 Ill. Adm. Code
102.202(b).
1
The Board accepted the rulemaking for hearing on December 1, 2005. The Board
has held two public hearings before Hearing Officer Amy Antoniolli. The first hearing was held
on January 26, 2006, in Chicago and the second hearing was held on March 1, 2006, in
Springfield.
2
1
The Agency’s statement of reasons will be cited to as “Stat. of Reas. at _.”
2
The transcripts from the January 26, 2006 hearing will be cited to as “Tr.1 at _,” and the
transcript from the March 1, 2006 hearing will be cited to as “Tr.2 at _.”
2
Ms. Joyce Munie, Mr. Paul Purseglove, Mr. Christian Liebman, and Mr. Thomas
Hubbard testified on behalf of the Agency at the first hearing. Ms. Munie, manager of the permit
section within the Bureau of Land at the Agency, testified generally about the proposed rules,
and specifically, about CCDD permits. Mr. Hubbard, an environmental engineer in the Solid
Waste Unit of the permit section of the Agency’s Bureau of Land, discussed the proposed
recordkeeping and annual report requirements. Mr. Purseglove, Manager of the Field Operations
Section within the Agency’s Bureau of Land, testified regarding the proposed requirements for
checking loads that are delivered to CCDD sites as fill material. Mr. Christian Liebman,
Manager of the Solid Waste Unit in the permit section of the Bureau of Land, testified about the
proposed new rules concerning maintenance and closure of a CCDD site.
The same witnesses, including Mr. Michael Nechvatal, manager of the land pollution
control division, were present at the second hearing. The Agency filed five errata sheets
reflecting issues raised prior to and at the first hearing.
There have been eleven public comments filed in this rulemaking. The first was filed on
behalf of the Illinois Association of Aggregate Producers (IAAP) (PC 1), and the second and
fifth were filed by Rockford Sand and Gravel, Inc. (RSG) (PC 2, PC 5), a member of the IAAP,
with specific suggestions about the proposal. The third public comment was filed by Kim
Robinson of the Illinois Society of Professional Engineers and David Kennedy of the American
Council of Engineering Companies of Illinois (PC 3). The fourth comment was filed by the City
of Chicago (PC 4). The sixth was filed by Vulcan Materials Company (VMC) (PC 6), the
seventh by the Agency (PC 7), and the eighth by Land Reclamation Services, Inc. (LRS) (PC 8).
The Office of the Attorney General on behalf of the People of the State of Illinois (People) filed
the ninth public comment (PC 9). At the second hearing, the Illinois Department of Natural
Resources gave an oral public comment. Tr.2 at 33-34.
The IAAP filed a second public comment on June 27, 2006 (PC 10). Land and Lakes
Company (L&LC) filed the eleventh public comment on June 29, 2006 (PC 11).
SUMMARY OF PROPOSED NEW PART 1100
Section 3.160(b) of the Act currently distinguishes general construction and demolition
debris from clean construction or demolition debris and defines the latter as “uncontaminated
broken concrete without protruding metal bars, bricks, rock, stone, reclaimed asphalt pavement,
or soil generated from construction or demolition activities.” 415 ILCS 5/3.160(b) (2004). The
definition specifically excludes “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.”
Id
. Clean
construction or demolition debris was first defined by the general assembly in 1997 (P.A. 90-
475), and subsequently amended in 1998, 2000, 2002, and 2003.
Public Act 94-272 requires a permit to use CCDD as fill material in a current or former
quarry, mine, or other excavation. P.A. 94-272, eff. July 19, 2005 (
to be codified at
415 ILCS
5/22.51). Finally, Public Act 94-272 directed the Board to adopt regulations for the use of
3
CCDD as fill material in current and former quarries, mines, and other excavations by September
1, 2006. P.A. 94-272, eff. July 19, 2005 (
to be codified at
415 ILCS 5/22.51(c)(1)).
The proposed new Part 1100 establishes a permit program for the use of CCDD in former
quarries, mines, or other excavations. Subpart A establishes the scope of the regulation, provides
definitions, and clarifies its applicability. Subpart B sets forth the standards applicable to the
operation of CCDD facilities, CCDD load inspections, closure and postclosure, including
recordkeeping requirements, and annual reports. Subpart C identifies what information an
applicant must include in the permit application. How an application must be filed with the
Agency, deadlines, standards for issuance, and permit terms are discussed in Subpart D.
POST-FIRST NOTICE PUBLIC COMMENTS
Many of the public comments submitted post-first notice raise the issue of
“uncontaminated” as an undefined term, and also discuss “clean fill.” Under the Act, CCDD is a
waste. The only exceptions depend on how CCDD is used. 415 ILCS 5/3.160(b) (2004). One
of the exceptions, created by the Act and implemented in the proposed Part 1100, allows CCDD
to be used as fill material in a current or former quarry, mine, or other excavation. Anytime
CCDD includes material not within the Act’s definition, or regulated substances exceeding
background levels, however, the material cannot be used as fill in a quarry, mine or other
excavation, but instead must be managed in accordance with solid or hazardous waste
regulations.
The Definition of “Uncontaminated” Debris
At first notice, the Board discussed the Agency’s explanation for not defining the term
“uncontaminated,” which is that the law that allows an exemption from the term “waste” using
the term “uncontaminated” has been in effect for 15 years. Tr.1 at 21. The Agency stated “we
knew contaminated when we saw it,” and noted that when materials do not meet the definition of
CCDD, the matter can be handled as an enforcement issue. Tr.1 at 22.
In its public comment, VMC requests that the Agency define “uncontaminated.” VMC
states that if otherwise left undefined, the proposed Part 1100 is overbroad, impermissibly vague,
and creates an incentive to avoid testing proposed clean fill material. PC 6 at 2. VMC offers
examples of four different approaches used by other states to define “uncontaminated.” PC 6 at
4-5. Ultimately, VMC proposes that Illinois adopt a two-pronged test that would require the fill
operator to: (1) perform due diligence on the proposed fill material; and (2) test the material
only if due diligence turns up evidence that the fill has been impacted by a spill or release. PC 6
at 5-6. L&LC supports VMC’s recommendation, but adds that as part of the definition, the
Agency should set a “’maximum contamination level for soils.’” PC 11 at 7.
LRS is also concerned about leaving the term “uncontaminated” undefined. For
example, LRS questions what circumstances will trigger the Agency to do additional testing of
CCDD and the standards the Agency will apply in determining whether a load of CCDD is
contaminated. PC 8 at 3. LRS contends the proposed regulations do not specifically dictate
whether CCDD containing background levels of contaminants can be accepted at a facility. LRS
4
is also worried that the Agency may be able to reject a load “based upon more stringent
standards nowhere stated in the proposed regulations.”
Id
.
RSG seeks clarification about how to determine whether material is uncontaminated
under the IDOT specifications exemption. PC 5 at 2. RSG asserts that two sections of IDOT’s
Specifications (Sections 107.19 and 669) should be used to determine whether material qualifies
for the statutory exemption available for CCDD that is used as fill in accordance with IDOT
Specifications at an excavation that is not a quarry or a mine.
Id
.
The Agency maintains that whether material is considered contaminated should be
determined under the Act, not IDOT Road and Bridge Construction Specifications. PC 7 at 6.
The Agency clarifies that it determines the status of CCDD by the way CCDD is used, not
whether CCDD is contaminated.
Id
. Therefore, the use of CCDD as fill material in a current or
former quarry, mine, or other excavation must meet Part 1100 standards. CCDD may be used as
fill material at excavations other than current or former quarries without a Part 1100 permit if the
use complies with IDOT Specifications, including requirements for determining contamination
levels.
The People suggest that the Board include a list of items typically found in demolition
debris that should be expressly prohibited from entering a CCDD fill site. PC 9 at 12. The
People request that a non-exhaustive list should include: fluorescent lamps, mercury-containing
electrical devices and apparatus, and electrical transformers and ballasts.
Id
. L&LC contends all
of these items are clearly waste and are already banned by the Act. PC 11 at 5. L&LC asserts
that rather than materials that are obviously wastes, rule should instead exclude types of
remediation sites and potential spill areas that could be contaminated.
Id
. at 5-6.
The IDOT Exemption
RSG comments on the application of the IDOT exemption to governmental agencies
other than the departments identified in the IDOT specifications. The Agency, in response,
clarifies that Part 1100 applies only to the use of CCDD in current and former quarries, mines,
and other excavations, not IDOT projects. Part 1100 rules and regulations must be met for any
load of CCDD hauled from an IDOT project to be used as fill material at a site permitted under
Part 1100. Likewise, IDOT contractors must ensure that CCDD hauled from an IDOT project
for use as fill at a facility using CCDD in accordance with IDOT specifications must meet IDOT
requirements.
RSG also requests that the statutory exemption apply to additional government entities.
The Agency responds that, by definition, the IDOT Specifications are limited to IDOT, counties,
municipalities, and townships. PC 7 at 8;
citing
IDOT Specifications for Road and Bridge
Construction, Art. 107.22 and 202.03 (Jan. 1, 2002).
Final Fill Elevation
At first notice the Agency added language clarifying that other non-waste, non-CCDD
material may be placed above grade to increase elevations at the site. Proposed 35 Ill. Adm.
5
Code 1100.204(h), Board Note. RSG is concerned that IDOT Specifications conflict with the
Part 1100 regulations concerning elevation requirements. PC 5 at 3.
The People and L&LC oppose any language that allows the Agency to approve placing
CCDD at elevations higher than the prior existing highest point of adjacent elevation. PC 9 at
11; PC 11 at 4.
Instrument Calibration and Load-Checking Program
Load Certification
RSG claims that the regulations do not adequately define the responsibilities of the
property owner of fill sites. RSG proposes that the Board modify the regulations to require the
generator claiming the IDOT exemption to document the eligibility of each load. PC 5 at 3. The
People also request that the Board include a requirement that generators of CCDD certifythat the
materials they produce meet the definition of CCDD. PC 9 at 13.
Calibration for Background Levels of Contaminants
In the first notice rule language, the criterion for rejecting a load of CCDD is based on
“any reading in excess of background levels” for both the facility inspector and the Agency. At
hearing, the Agency stated it would ask the applicant to describe in the permit application how it
will determine background levels so the Agency can verify a consistent background reading.
Tr.2 at 20.
The People oppose the IAAP’s recommendation that all PID and FID devices be
calibrated to account for specific background conditions. PC 9 at 4. In response, IAAP insists
that operators must calibrate PID/FID meters according to background levels at the site. PC 10
at 5. Otherwise, background readings may cause devices to register above zero at all times. PC
10 at 5. L&LC supports the IAAP’s position. PC 11 at 2.
Detection for Metals
The People comment that the proposed rules require routine load checking with the use
of a photo ionization detector (PID), a flame ionization detector (FID), or other devices approved
by the Agency. PC 9 at 3; citing Proposed 35 Ill. Adm. Code 1100.205. Despite favoring the
use of those devices, the People contend that a PID or FID only detect the presence of volatile
organic contaminants. The People state that metals are commonly found in CCDD materials and
that facilities should be required to screen for the presence of lead, chromium and cadmium at
the very least.
Id
. The People state that the proposed rule should require each load entering a
permitted facility to be scanned with an X-ray fluorescence (XRF) analyzer for the presence of
metals, at an estimated $35,000 per XRF analyzer.
The IAAP argues that the People’s proposal to check every load for metals using X-ray
fluorescence analyzers would produce frequent false positives because the tests would detect
6
naturally occurring metals in the soil. PC 10 at 5. L&LC agrees that the XRF could be an
additional safeguard for protecting human health and the environment. PC 11 at 2.
Visual Inspections for Asbestos
The People also recommend that the load checking program under Section
1100.205 also include a requirement that the facility visually inspect for asbestos-containing
materials. Accompanying the asbestos inspection requirement, the People recommend that all
personnel conducting the load checking inspections undergo training on how to visually identify
materials associated with asbestos. The IAAP responds that the IAAP and IEPA are developing
a training program for clean fill sites. PC 10 at 5.
Leachate and Contingent Groundwater Sampling Requirements
The People propose that the Board include groundwater monitoring or leachate sampling
and analysis in the proposed CCDD rule. PC 9 at 5. Because the proposal includes load
checking only for volatile organic compounds, yet inappropriate substances such as metals will
also be present in incoming loads, the People believe a detection system is needed to protect
against well contamination.
Id
. at 6. According to the People, at least 27 other states require a
form of water monitoring at CCDD disposal sites.
Id.
The People suggest that if contaminated
leachate is found, then groundwater sampling requirements should apply. PC 9 at 7.
The IAAP disagrees that operators should perform leachate sampling and groundwater
monitoring at CCDD fill sites and argues that the People rely on other state’s C&D regulations
as their basis for this proposal. PC 10 at 6. For that reason, the IAAP states that the article
attached to the People’s comment should not guide the Board’s decision.
Id
. L&LC supports
the IAAP’s position and states that “requiring leachate and groundwater monitoring at unlined
sites surrounded by bedrock is equivalent to ‘shutting the barn door after the horse got out.’” PC
11 at 3.
Miscellaneous Comments
The People warn that the Board cannot legally expand the class of materials that may be
accepted for disposal at CCDD facilities beyond those designated by Section 3.78 of the Act.
415 ILCS 5/3.78 (2004). PC 9 at 9. The People suggests that the Board add a subsection to
Section 1100.303 “Required Signatures” requiring a member to sign for a member managed
limited liability company (LLC) and a manager or member sign for a manager-managed LLC.
PC 9 at 10. This requirement, argue the People, will ensure that the Agency will be able to
identify the responsible party.
Id
.
Regarding notification requirements, the People support the written notice requirement of
Section 1100.302 as necessary to inform elected officials and local residents. PC 9 at 10.
The People suggest that the proposed language require financial assurance such as a letter
of credit, performance, or surety bond. PC 9 at 11-12. In response, IAAP notes that operators
position most clean fill operations at projects that require reclamation bonds. PC 10 at 7.
7
Furthermore, IAAP notes that the Agency and Board’s authority to require financial assurance
must be explicitly granted by statute. The CCDD fill program, however, does not authorize the
Agency to require any form of financial assurance from site operators.
Id
. Therefore, IAAP
believes that the People’s proposal for financial assurance is not appropriate.
Id
. Likewise,
L&LC opposes financial assurance requirements. PC 11 at 5. According to L&LC, if the
Agency ensures that contaminated materials do not enter the sites by defining the term
“uncontaminated,” remediation will never be required.
Id
.
DISCUSSION OF POST FIRST-NOTICE PUBLIC COMMENTS
The Board notes that several post first-notice public comments mistake CCDD with a
broader category of materials known generally as construction and demolition (C&D) debris.
C&D debris sites, known in Illinois as inert waste landfills, are allowed to accept a much broader
range of demolition debris including wood, roofing material, cardboard, and wall board. All of
these items are excluded from the definition of CCDD. The Board emphasizes the difference
between the two terms and that the proposed rules govern only the use of CCDD.
Like the IAAP, the Board reviewed the article attached to the People’s comment and
investigated other states’ regulations concerning leachate testing and groundwater monitoring.
Because the People based their recommendations on other states’ regulations governing C&D
rather than CCDD, as discussed above, the Board finds no basis for adding leachate testing,
groundwater monitoring, or financial assurance requirements to the proposed rules. PC 9,
Attachment. The same reasoning applies to the People’s suggestion that the Board add a list of
excluded items or sites to further define the limitations of what may enter a CCDD fill site or
where a CCDD fill site may be located. The Board similarly declines to add the XRF
fluorescence analyzer as a required technology for load checking. The Board finds that not only
is the XRF fluorescence analyzer a very costly technology, but testing for metals should not be
necessary based on the Act’s very strict definition of CCDD.
The Board agrees that asbestos is not acceptable at CCDD fill sites but finds no need to
make changes to the current rule language. The Board finds that Section 1100.205(g) currently
requires personnel to be trained in identifying asbestos: “[t]he owner or operator must ensure
that all appropriate facility personnel are properly trained in the identification of material that is
not CCDD.” Proposed 35 Ill. Adm. Code 1100.205(g).
The Board finds that no new language is required to clarify the definition of
“uncontaminated.” In response to VMC’s concerns surrounding leaving the term
“uncontaminated” undefined, the Board finds the proposed Part 1100 is not overbroad or vague,
and does not create an incentive to avoid testing CCDD. The Board notes that the load-checking
requirements of the proposed Section 1100.205 allow either a facility-designated inspector or an
Agency inspector to reject any load resulting in a contaminant reading above background levels.
Proposed 35 Ill. Adm. Code 1100.205(a), (b). Proposed Section 1100.205(a) provides that every
load must be checked before acceptance at the facility, and if material other than CCDD is found
at the facility, it is the owner or operator’s responsibility to remove and properly dispose of the
material.
See
Proposed 35 Ill. Adm. Code 1100.205(f). The Agency has also stated that it will
provide training if a permit holder is not meeting the Agency’s goals or standards. Tr.1 at 50.
8
Accordingly, because each load must be checked and may be rejected if produces readings above
background levels of contamination, the Board finds that the proposed Section 1100.205 is
adequately instructive and also alleviates VMC’s concern that the proposed rule would create an
incentive to avoid testing CCDD fill. Also for these reasons, the Board declines to require
certification from CCDD generators. The Agency has drafted the rules in a way that places the
liability for complying with the Part 1100 rules on owners or operators of a CCDD fill site. The
Board agrees.
As discussed above, loads of CCDD containing up to but not exceeding background
levels of contaminants (interpreted based on the instrument manufacturer’s margin of error) are
acceptable at a site permitted for the use of CCDD as fill material. Regarding RSG’s concern
about which standards apply, the Board reiterates that uses of CCDD in excavations other than
quarries or mines qualifying for the IDOT exemption must comply with IDOT Specifications.
Likewise, at quarries, mines or other excavations permitted under Part 1100, the use of CCDD
must comply with Part 1100 requirements, not IDOT Specifications.
The Board does not have the authority to expand the statutory permit exemption to apply
to additional government agencies. As noted by the Agency, Section 22.51(b)(4)(B) of the Act
provides that the permit requirement does not apply to the use of CCDD as fill material in an
excavation other than a current or former quarry or mine if the use complies with Illinois
Department of Transportation specifications. P.A. 94-272,
eff
. Jul. 17, 2005 (
to be codified as
415 ILCS 5/22.51(b)(4)(B)).
Today the Board amends the rule language to incorporate one of the suggestions made by
the People. The Board adds a new Section 1100.303(b)(5) to require signatures on permit
applications on behalf of LLCs. The Board adds signatories for LLCs to the list of duly
authorized agents of the owner or operator. The Board also makes the changes suggested by the
Agency in its post-hearing comment.
DISCUSSION OF SECOND-NOTICE PROPOSAL
Today the Board adopts the rulemaking, which adds a new Part 1100 to the Board’s rules
establishing a permit program for the use of CCDD as fill material in current or former quarries,
mines, or other excavations, for second notice. As described in more detail below, the proposed
new Part 1100 contains Subparts A through D.
Subpart A
Subpart A contains general provisions including scope and applicability, severability,
definitions, and incorporations by reference. CCDD fill operations at facilities that are permitted
as a landfill under Sections 35 Ill. Adm. Code 807, or 811 through 814 (municipal, chemical, or
putrescible waste landfills) are exempt from the proposed Part 1100 CCDD permitting rules
because the landfill permitting rules are more protective.
See
Tr.1 at 30-31. Accordingly, those
facilities are allowed to accept CCDD.
9
In addition to CCDD, CCDD fill operations may accept other non-waste material such as
overburdens or material that would be considered waste to a particular industry, such as mining,
and is deposited in the same area from which it was extracted. Tr.2 at 10.
Subpart B
Subpart B contains the standards that apply to the operation, closure, and post-closure of
a permitted CCDD facility. Subpart B also establishes procedures for load-checking of CCDD to
determine compliance applicable to both the Agency and the facility’s designated inspector.
Subpart C
Information that must be included in CCDD permit applications is found in Subpart C.
These informational requirements generally parallel existing Board regulations relating to land
permits. Munie Prefiled Test. at 4-5. The Agency included a provision in Subpart C that
requires notice of the application be sent to the “State’s Attorney and the Chairman of the
County Board of the county in which the facility is located, each member of the General
Assembly from the legislative districts in which the facility is located, and the clerk of each
municipality located within three miles of the facility.” Proposed 35 Ill. Adm. Code 1100.302.
For second notice adoption, the Board adds a new Section 1100.303(b)(5) to require
signatures on permit applications on behalf of LLCs. The Board adds signatories for LLCs to the
list of duly authorized agents of the owner or operator.
Subpart D
The procedural rules that both the Agency and applicant must follow for permitting are
contained in Subpart D. Subpart D contains standards for approval and denial and provides the
Agency’s deadlines for review of permit applications. The Agency must make a final decision
on an application within 90 days of receiving the application or the permit is deemed issued.
According to proposed Section 1100.408, permits issued under Part 1100 will have a
term of 10 years. An expiration date allows the Agency to re-evaluate the operation on a routine
basis. Further, many CCDD facilities will expect to close within a 10-year period. Munie
Prefiled Test. at 8.
Technical Feasibility and Economic Reasonableness
The Board requested the Department of Commerce and Economic Opportunity (DCEO)
to conduct an economic impact study (EcIS) on this proposed rule in a letter dated January 10,
2006. The DCEO responded by a letter dated January 31, 2006 that it had decided not to
conduct an EcIS.
The Board received no testimony or comments regarding the DCEO’s decision not to
perform an EcIS. The Agency states that regular costs of permit programs may include costs
associated with preparing and filing permit applications, preparing other documents such as
10
reports and maps, record storage, additional personnel, personnel training, and professional
engineer certifications. Stat. of Reas. at 10. The Agency estimates that the cost associated with
preparing and filing a permit application and obtaining closure certification will total
approximately $31,000 per site. Ongoing compliance is estimated at approximately $66,000 per
site. In addition, the Agency estimates its cost for implementing the CCDD permit program at
approximately $792,330 per year. The Agency reasons that although the CCDD permit program
will increase costs to the industry compared to pre-regulation costs, the costs are not unduly
burdensome, are consistent with other land permit programs, and are justified for compliance
with the Act.
Id
.
The Board finds the proposed amendments technically feasible and economically
reasonable for both the permit applicant as well as the State. The Board also finds that the
proposed exemptions will not negatively impact the environment. Rather, the CCDD permit
program will benefit the environment by allowing CCDD that is currently disposed of in
municipal, chemical and putrescible waste landfills to be used as clean fill in quarries, mines, or
other excavations, saving both space in these landfills as well as natural resources.
CONCLUSION
The proposed rulemaking creates a new Part 1100 of the Board’s regulations,
establishing the use of CCDD as fill material in current and former quarries, mines, and other
excavations. The Board finds that the Agency’s proposal, as amended, adequately addresses the
concerns raised at hearing and in public comments. Today’s opinion distinguishes CCDD from a
broader category of materials known generally as construction and demolition debris. C&D
debris sites are allowed to accept a much greater range of demolition debris. The Board
emphasizes the difference between the two terms and that the proposed rules govern only the use
of CCDD.
In addition to amendments proposed in the Agency’s post-hearing comments and non-
substantive technical changes, the Board makes one change to the rule text based on a suggestion
by the People. The Board adds a signature requirement on permit applications on behalf of
LLCs.
The Board adopts the rule forsecond-notice review by JCAR. The 45-day second-notice
public comment period will begin on the date written notice is received by JCAR and the Board
will accept comments only from JCAR during the second-notice period.
See
35 Ill. Adm. Code
102.606.
ORDER
The Board directs the Clerk to cause the filing of the following rule with the Joint
Committee on Administrative Rules for its second-notice review.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE J: CLEAN CONSTRUCTION OR DEMOLITION DEBRIS
CHAPTER I: POLLUTION CONTROL BOARD
11
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 Certifications
1100.308
Surface Water Control
1100.309
Closure Plan
1100.310
Postclosure Maintenance Plan
SUBPART D: PROCEDURAL REQUIREMENTS FOR PERMITTING
Section
1100.401
Purpose of Subpart
12
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 clean construction or demolition debris (CCDD) fill
operations that are required to be permitted pursuant to Section 22.51 of the Act,
other than CCDD fill operations permitted pursuant to 35 Ill. Adm. Code 807 or
811 through 814.
b)
This Part does not apply to:
1)
CCDD other than CCDD used as fill material in a current or former
quarry, mine, or other excavation.
2)
The use of
CCDD
as fill material in a current or former quarry, mine, or
other excavation located on the site where the
CCDD
was generated
[415
ILCS 5/22.51(b)(4)(A)];
3)
The use of
CCDD
as fill material in an excavation other than a current or
former quarry or mine if
the
use complies with Illinois Department of
Transportation specifications
[415 ILCS 5/22.51(b)(4)(B)];
BOARD NOTE: The Illinois Department of Transportation (IDOT)
specifications applicable to the use of CCDD as fill can be found at
Articles 107.22 and 202.03 of IDOT’s “Standard Specifications for Road
and Bridge Construction.” According to IDOT specifications, this
exemption applies to IDOT, a county, a municipality, or a township.
4)
The use of the following types of material as fill material:
13
A)
CCDD that is considered “waste” under the Act or rules adopted
pursuant to the Act; or
B)
Any material other than CCDD, including, but not limited to,
material generated on site as part of a mining process; and
5)
The portions of a site not used for a CCDD fill operation.
Section 1100.102
Severability
If any provision of this Part or its application to any person or under any circumstances is
adjudged invalid, such adjudication must not affect the validity of this Part as a whole or of any
portion not adjudged invalid.
Section 1100.103
Definitions
Except as stated in this Section, or unless a different meaning of a word or term is clear from the
context, the definition of words or terms in this Part will be the same as that applied to the same
words or terms in the Environmental Protection Act [415 ILCS 5]:
“10-year, 24-hour precipitation event” means a precipitation event of 24-hour
duration with a probable recurrence interval of once in 10 years.
“100-year, 24-hour precipitation event” means a precipitation event of 24-hour
duration with a probable recurrence interval of once in 100 years.
“Act” means the Environmental Protection Act [415 ILCS 5].
“Agency” is the
Illinois
Environmental Protection Agency established by
the
Act.
[415 ILCS 5/3.105]
“Applicant” means the person submitting an application to the Agency for a
permit for a CCDD fill operation.
“Board” is the Pollution Control Board established by
the
Act.
[415 ILCS
5/3.105]
“CCDD” means clean construction or demolition debris.
“CCDD fill operation” means the use of CCDD as fill material in a current or
former quarry, mine, or other excavation. For purposes of this Part, the term
“other excavation” does not include holes, trenches, or similar earth removal
created as part of normal construction, removal, or maintenance of a structure,
utility, or transportation infrastructure.
14
“Clean construction or demolition debris" means uncontaminated broken
concrete without protruding metal bars, bricks, rock, stone, reclaimed asphalt
pavement, or soil generated from construction or demolition activities.
Clean construction or demolition debris does not include uncontaminated soil
generated during construction, remodeling, repair, and demolition of utilities,
structures, and roads provided the uncontaminated soil is not commingled with
any clean construction or demolition debris or other waste.
For purposes of this
Part, uncontaminated soil may include incidental amounts of stone, clay, rock,
sand, gravel, roots, and other vegetation.
To the extent allowed by federal law, clean construction or demolition debris
shall not be considered "waste" if it is (i) used as fill material outside of a setback
zone if the fill is placed no higher than the highest point of elevation existing
prior to the filling immediately adjacent to the fill area, and if covered by
sufficient uncontaminated soil to support vegetation within 30 days of the
completion of filling or if covered by a road or structure, or (ii) separated or
processed and returned to the economic mainstream in the form of raw materials
or products, if it is not speculatively accumulated and, if used as a fill material, it
is used in accordance with item (i) within 30 days of its generation, or (iii) solely
broken concrete without protruding metal bars used for erosion control, or (iv)
generated from the construction or demolition of a building, road, or other
structure and used to construct, on the site where the construction or demolition
has taken place, a manmade functional structure not to exceed 20 feet above the
highest point of elevation of the property immediately adjacent to the new
manmade functional structure as that elevation existed prior to the creation of
that new structure, provided that the structure shall be covered with sufficient soil
materials to sustain vegetation or by a road or structure, and further provided
that no such structure shall be constructed within a home rule municipality with a
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.
15
“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
the
Act,
containing a potable water supply well or a potential source or potential route,
having a continuous boundary, and within which certain prohibitions or
regulations are applicable in order to protect groundwaters.
[415 ILCS 5/3.450]
16
“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.
c)
CCDD fill operations must not be located inside a setback zone of a potable water
supply well. (See Section 3.160(b)(i) of the Act.)
Section 1100.202
Surface Water Drainage
a)
Runoff from Filled Areas
1)
All discharges of runoff from filled areas to waters of the State must be
permitted by the Agency to the extent required under 35 Ill. Adm. Code
309.
2)
All surface water control structures must be operated until the final cover
is placed and the vegetative or other cover meeting the requirements of
Section 1100.208 of this Part provides erosional stability.
17
b)
Diversion of Runoff from Unfilled Areas
1)
Runoff from unfilled areas must be diverted around filled areas to the
greatest extent practical.
2)
Diversion facilities must be constructed to prevent runoff from the 10-
year, 24-hour precipitation event from entering filled areas.
3)
Runoff from unfilled areas which becomes commingled with runoff from
filled areas must be handled as runoff from filled areas in accordance with
subsection (a) of this Section.
4)
All diversion structures must be designed to have flow velocities that will
not cause erosion and scouring of the natural or constructed lining (i.e.,
the bottom and sides) of the diversion channel and downstream channels.
5)
All diversion structures must be operated until the final cover is placed
and the vegetative or other cover meeting the requirements of Section
1100.208 of this Part provides erosional stability.
Section 1100.203
Annual Facility Map
The owner or operator must submit an annual facility map to the Agency each calendar year by
the date specified in the Agency permit. The map must have a scale no smaller than one inch
equals 200 feet, show the horizontal extent of filled areas as of the date of the map, and show the
same information as required for facility plan maps under Sections 1100.305(a) through (d) of
this Part.
Section 1100.204
Operating Standards
a)
Placement of Fill Material
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.
18
d)
Utilities
All utilities, including but not limited to heat, lights, power, and communications
equipment, necessary for safe operation in compliance with the requirements of
this Part must be available at the facility at all times.
e)
Maintenance
The owner or operator must maintain and operate all systems and related
appurtenances and structures in a manner that facilitates proper operations in
compliance with this Part.
f)
Dust Control
The owner or operator must implement methods for controlling dust so as to
minimize off-site wind dispersal of particulate matter.
g)
Noise Control
The facility must be designed, constructed, and maintained to minimize the level
of equipment noise audible outside the site. The facility must not cause or
contribute to a violation of the Board’s noise regulations or Section 24 of the Act.
h)
Fill Elevation
The owner or operator must not place CCDD used as fill
higher than the highest
point of elevation existing prior to the filling immediately adjacent to the fill area.
[415 ILCS 5/3.160(b)]
BOARD NOTE: This does not prohibit non-CCDD materials, such as
uncontaminated soil and other non-waste material, from being placed above grade
in accordance with the Act and regulations adopted thereunder to increase
elevations at the fill site.
i)
Mud Tracking
The owner or operator must implement methods to minimize tracking of mud by
hauling vehicles onto public roadways.
Section 1100.205
Load Checking
The owner or operator must institute and conduct a load checking program designed to detect
attempts to dispose of waste at the facility. At a minimum, the load checking program must
consist of the following components:
a)
Routine Inspections
1)
An inspector designated by the facility must inspect every load before its
acceptance at the facility utilizing an elevated structure, a designated
ground level inspection area, or another acceptable method as specified in
the Agency permit. In addition to a visual inspection, the inspector must
use an instrument with a photo ionization detector utilizing a lamp of 10.6
19
eV or greater or an instrument with a flame ionization detector, or other
monitoring devices approved by the Agency, to inspect each load. All
instruments shall be interpreted based on the manufacturer’s margin of
error. Any reading in excess of background levels using any of these
instruments must result in the rejection of the inspected load. In addition,
any reading in excess of background levels on any monitoring device used
by the Agency during an Agency inspection must result in the rejection of
the inspected load.
2)
Cameras or other devices may be used to record the visible contents of
shipments. Where such devices are employed, their use should be
designated on a sign posted near the entrance to the facility.
b)
Random Inspections
1)
In addition to the inspections required under subsection (a) of this Section,
an inspector designated by the facility must conduct a discharge inspection
of at least one randomly selected load delivered to the facility each day.
The driver of the randomly selected load must be directed to discharge the
load at a separate, designated location within the facility. The inspector
must conduct an inspection of the discharged material that includes, but is
not limited to, additional visual inspection and additional instrument
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.
20
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
21
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 3
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.
22
Section 1100.207
Boundary Control
a)
Unauthorized vehicular access to the working face of all units and to all other
areas within the boundaries of the facility must be restricted.
b)
A permanent sign must be posted at the entrance to the facility or each unit stating
that only CCDD is accepted for use as fill.
Section 1100.208
Closure
a)
Completion of Filling
1)
The owner or operator is deemed to have completed CCDD filling:
A)
30 days after the date on which the facility receives the final load
of CCDD for use as fill; or
B)
If the facility has remaining capacity and there is a reasonable
likelihood that the facility will receive additional CCDD for use as
fill, no later than one year after the most recent receipt of CCDD
for use as fill.
2)
The Agency must grant extensions beyond the one year deadline in
subsection (a)(1)(B) of this Section if the owner or operator demonstrates
that:
A)
The facility has the capacity to receive additional CCDD for use as
fill; and
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.
23
2)
Final Slope and Stabilization
A)
The final slopes and contours must be constructed to complement
and blend with the surrounding topography of the proposed final
land use of the area.
B)
All drainage ways and swales must be constructed to safely pass
the runoff from the 100-year, 24-hour precipitation event without
scouring or erosion.
C)
The final configuration of the facility must be constructed in a
manner that minimizes erosion.
D)
Standards for Vegetation
i)
Vegetation must minimize wind and water erosion;
ii)
Vegetation must be compatible with (i.e., grow and survive
under) the local climatic conditions;
iii)
Temporary erosion control measures, including, but not
limited to, the application, alone or in combination, of
mulch, straw, netting, or chemical soil stabilizers, must be
undertaken while vegetation is being established.
Section 1100.209
Postclosure Maintenance
The owner or operator must conduct postclosure maintenance in accordance with this Section
and the Agency permit for a minimum of one year after the Agency issues a certificate of closure
in accordance with Section 1100.412 of this Part unless a shorter period of time for postclosure
maintenance is specified in the Agency permit. Reasons for which the Agency may specify a
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.
24
2)
All rills, gullies, and crevices 6 inches or deeper identified in the
inspection must be filled. Areas identified by the owner or operator or the
Agency as particularly susceptible to erosion must be recontoured.
3)
All eroded and scoured drainage channels must be repaired and lining
material must be replaced if necessary.
4)
All holes and depressions created by settling must be filled and
recontoured so as to prevent standing water.
5)
All reworked surfaces, and areas with failed or eroded vegetation in
excess of 100 square feet cumulatively, must be revegetated in accordance
with the approved closure plan for the facility.
c)
The Agency must approve postclosure use of the property if the owner or operator
demonstrates that the disturbance of the final cover will not increase the potential
threat to human health or the environment.
Section 1100.210
Recordkeeping Requirements
The owner or operator must maintain an operating record at the facility or in some alternative
location specified in the Agency permit. The owner or operator must make the operating record
available for inspection and copying by the Agency upon request during normal business hours.
Information maintained in the operating record must include, but is not limited to, the following:
a)
Any information submitted to the Agency pursuant to this Part, including, but not
limited to, copies of all permits, permit applications, and annual reports;
b)
Written procedures for load checking, load rejection notifications, and training
required under Section 1100.205 of this Part.
Section 1100.211
Annual Reports
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.
25
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 3 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;
4)
For a municipality, state, federal or other public agency, by the head of the
agency or a ranking elected official; and
5)
For a member-managed limited liability company, by a member and for a
manager-managed limited liability company, by a manager or member.
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 7½ minute series (topographic) that
clearly shows the following information:
26
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; and
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;
27
b)
The types of CCDD expected in each unit, an estimate of the maximum capacity
of each unit, and the rate at which CCDD is to be placed in each unit;
c)
The estimated density of the CCDD;
d)
The length of time each unit will receive CCDD;
e)
A description of all equipment to be used at the facility for complying with the
facility permit, the Act, and Board regulations;
f)
A description of any salvaging to be conducted at the facility, including, but not
limited to, a description of all salvage facilities and a description of how the
owner or operator will comply with Section 1100.206 of this Part;
g)
A description of how the owner or operator will comply with the requirements of
Section 1100.207 of this Part;
h)
A description of how the owner or operator will comply with Sections
1100.204(c) and (e) of this Part;
i)
A description of the methods to be used for controlling dust in compliance with
Section 1100.204(f) of this Part;
j)
A description of how the owner or operator will control noise in compliance with
Section 1100.204(g) of this Part; and
k)
A description of all existing and planned roads in the facility that will be used
during the operation of the facility, the size and type of such roads, and the
frequency with which they will be used.
Section 1100.307
Proof of Property Ownership and Certifications
The permit application must contain a certificate of ownership of the facility property and
certifications regarding the provisions of Sections 39(i) and 39(i-5) of the Act. The owner and
operator must certify that the Agency will be notified within 7 days after any changes in
ownership.
Section 1100.308
Surface Water Control
The permit application must contain a plan for controlling surface water that demonstrates
compliance with Section 1100.202 of this Part, and that 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
28
b)
A map showing the location of all surface water control structures at the facility.
Section 1100.309
Closure Plan
The permit application must contain a written closure plan that contains, at a minimum, the
following:
a)
Maps showing the configuration of the facility after closure of all units, including,
but not limited to, appropriate contours as needed to show the proposed final
topography after placement of the final cover for all filled areas. All maps must
have a scale no smaller than one inch equals 200 feet;
b)
Steps necessary for the temporary suspension of CCDD filling in accordance with
Sections 1100.208(a)(1)(B) or (a)(2) of this Part;
c)
Steps necessary for closure of the facility at the end of its intended operating life;
d)
An estimate of the expected year of closure;
e)
Schedules for temporary suspension of CCDD filling and closure, which must
include, at a minimum, the total time required to close the facility and the time
required for closure activities that will allow tracking of the progress of closure;
f)
A description of how the applicant will comply with Section 1100.208 of this
Part; and
g)
A description of the final cover, including, but not limited to, the material to be
used as the final cover, application and spreading techniques, the types of
vegetation to be planted, and the types of roads or structures to be built pursuant
to Section 1100.208 of this Part.
Section 1100.310
Postclosure Maintenance Plan
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.
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Section 1100.402
Delivery of Permit Application
All permit applications must be submitted on forms prescribed by the Agency, and must be
mailed or delivered to the address designated by the Agency on the forms. The Agency must
provide a dated, signed receipt upon request. The Agency's record of the date of filing must be
deemed conclusive unless a contrary date is proved by a dated, signed receipt.
Section 1100.403
Agency Decision Deadlines
a)
If there is no final action by the Agency within 90 days after the filing of the
application for permit, the applicant may deem the permit issued.
[415 ILCS
5/39]
b)
An application for permit pursuant to this Subpart must not be deemed filed until
the Agency has received all information and documentation in the form and with
the content required by this Part. However, if, the Agency fails to notify the
applicant within 30 days after the filing of a purported application that the
application is incomplete and the reason the Agency deems it incomplete, the
application must be deemed to have been filed as of the date of such purported
filing as calculated pursuant to Section 1100.402 of this Part. The applicant may
treat the Agency's notification that an application is incomplete as a denial of the
application for the purposes of review pursuant to Section 1100.406 of this Part.
c)
The applicant may waive the right to a final decision in writing prior to the
applicable deadline in subsection (a) of this Section.
d)
The applicant may modify a permit application at any time prior to the Agency
decision deadline date. Any modification of a permit application must constitute
a new application for the purposes of calculating the Agency decision deadline
date.
e)
The Agency must mail all notices of final action by registered or certified mail,
postmarked with a date stamp and accompanied by a return receipt request. Final
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]
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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 under Section 39 of this Act, the
applicant may, within 35 days after the date on which the Agency served its decision on the
applicant, 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 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 in 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 (415 ILCS 5/Title
VIII).
Section 1100.409
Transfer of Permits
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No permit is transferable from one person to another except as approved by the Agency.
Approval must be granted only if a new owner or operator who is seeking transfer of a permit
can demonstrate the ability to comply with all applicable requirements of this Part.
Section 1100.410
Procedures for the Modification of Permits
a)
Owner or Operator Initiated Modification.
A modification to an approved permit may be initiated at the request of an owner
or operator at any time after the permit is approved. The owner or operator
initiates a modification by application to the Agency.
b)
Agency Initiated Modification.
1)
The Agency may modify a permit under the following conditions:
A)
Discovery of a typographical or calculation error;
B)
Discovery that a determination or condition was based upon false
or misleading information;
C)
An order of the Board issued in an action brought pursuant to Title
VIII, IX or X of the Act; or
D)
Promulgation of new statutes or regulations affecting the permit.
2)
Modifications initiated by the Agency will not become effective until 45
days 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.
Section 1100.411
Procedures for the Renewal of Permits
a)
Time of Filing
An application for the renewal of a permit must be filed with the Agency at least
90 days prior to the expiration date of the existing permit.
b)
Effect of Timely Filing
When a permittee has made timely and sufficient application for the renewal of a
permit, the existing permit must continue in full force and effect until the final
Agency decision on the application has been made and any final Board decision
32
on any appeal pursuant to Section 40 has been made unless a later date is fixed by
order of a reviewing court. (See Section 10-65 of the Illinois Administrative
Procedure Act [5 ILCS 100/10-65].)
c)
Information Required for Permit Renewal
The owner or operator must submit only the information required under Subpart
C of this Part that has changed since the last permit review by the Agency. The
application for renewal must be signed in accordance with the signature
requirements of Section 1100.303 of this Part.
d)
Procedures for Permit Renewal
Applications for permit renewal are subject to all requirements and time
schedules in Sections 1100.402 through 1100.409 of this Part.
Section 1100.412
Procedures for Closure and Postclosure Maintenance
a)
Notification of Receipt of Final Volume
Within 30 days after the date the final volume of CCDD is received, the owner or
operator must notify the Agency in writing of the receipt of the final volume of
CCDD.
b)
Certification of Closure
1)
When the closure of the facility is complete, the owner or operator must
submit to the Agency:
A)
Documentation concerning closure of the facility, including, but
not limited to, plans or diagrams of the facility as closed and the
date closure was completed.
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
33
B)
Specify the date the postclosure maintenance period begins, based
on the date closure was completed.
c)
Termination of the Permit
1)
At the end of the postclosure maintenance period, the owner or operator
may submit to the Agency an application for termination of the permit.
The application must be submitted in a format prescribed by the Agency
and must include, at a minimum, the certification of a professional
engineer and the affidavit of the owner or operator demonstrating that, due
to compliance with the postclosure maintenance plan and the postclosure
maintenance requirements of this Part, postclosure maintenance is no
longer necessary because:
A)
Vegetation has been established on all nonpaved areas;
B)
The surface has stabilized sufficiently with respect to settling and
erosion so that further stabilization measures, pursuant to the
postclosure maintenance plan, are no longer necessary; and
C)
The owner or operator has completed all requirements of the
postclosure maintenance plan.
2)
Within 90 days after receiving the certification required by subsection
(c)(1) of this Section, the Agency must notify the owner or operator in
writing that the permit is terminated, unless the Agency determines,
pursuant to the information received pursuant to subsection (c)(1) of this
Section and any Agency site inspection, that continued postclosure
maintenance is required pursuant to the postclosure maintenance plan and
this Part.
3)
For purposes of appeal pursuant to Section 40(d) of the Act and the appeal
provisions of this Part, Agency action pursuant to subsection (c)(2) of this
Section is deemed a denial or grant of permit with conditions.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on July 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
