In the Matter of:
)
PROPOSED AMENDMENTS TO
)
SOLID WASTE DISPOSAL
: GENERAL PROVISIONS
)
35 Ill
. Adm. Code 810; and,
)
STANDARDS FOR NEW SOLID WASTE LANDFILLS )
LANDFILLS 35 Ill . Adm . Code 811
.
)
NOTICE OF FILING
TO :
Ms. Dorothy M . Gunn
Pollution Control Board
James R. Thompson Center
100 West Randolph St ., Suite 11-500
Chicago, IL 60601
Mr. Matt Dunn
Environmental Bureau Chief
Office of the Attorney General
James R. Thompson Center
100 W. Randolph, 12
th
Floor
Chicago, IL 60601
ILLINOIS POLLUTION CONTROL BOARD
(PERSONS ON ATTACHED SERVICE LIST)
PLEASE TAKE NOTICE that on July 26, 2006, I filed with the Office of the Clerk of the
Illinois Pollution Control Board an original and nine copies each of Proposal to Amend Certain
Pollution Control Board Regulations Related to Solid Waste Management Facilities and Request
for Waiver of Petition Requirement, copies of which are hereby served upon you .
Dated: July 26, 2006
Respectfully submitted,
NATIONAL SOLID WASTES
MANAGEMENT ASSOCIATION
By:
One of its At omeys
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(Rulemaking - Land)
General Counsel
Office of Legal Counsel
Ill. Dept . of Natural Resources
One National Resources Way
Springfield, IL 62702-1271
Mr. Alec Messina
General Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave . E
.
P. 0
. Box 19276
Springfield, IL 62794-9276
Sorling, Northrup, Hanna,
Cullen & Cochran, Ltd.
Charles J . Northrup, of Counsel
Suite 800 Illinois Building
P .O. Box 5131
Springfield, IL 62705
Telephone: 217.544.1144
Fax: 217.522
.3173
E-Mail: cjnorthrup(cisorlinglaw .com
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RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
JUL 2
7
2006
STATE OF ILLINOIS
Pollution Control Board
(Rulemaking - Land)
STANDARDS FOR NEW SOLID WASTE LANDFILLS )
LANDFILLS 35 111 . Adm. Code 811 .
)
ENTRY OF APPEARANCE
Sorling, Northrup, Hanna, Cullen & Cochran, Ltd
., Charles J. Northrup, of Counsel,
hereby enters their appearance in this case as
counsel on behalf of the Illinois Chapter of the
National Solid Wastes Management Association
.
Respectfully submitted,
NATIONAL SOLID WASTES
MANAGEMENT ASSOCIATION
Sorling, Northrup, Hanna,
Cullen & Cochran, Ltd.
Charles J . Northrup, of Counsel
Suite 800 Illinois Building
P.O. Box 5131
Springfield, IL 62705
Telephone : 217 .544.1144
Fax : 217.522 .3173
E-Mail: cjnorthrup(isorlinglaw .com
(50514077 .1 7/26/2006 CJN HLF~
This Document has been Printed on Recycled Paper
By: One
of their Attorneys
In the Matter of:
)
PROPOSED AMENDMENTS TO
)
V1
SOLID WASTE DISPOSAL
: GENERAL PROVISIONS )
R Q(-
35 III. Adm. Code 810 ; and,
)
Ms. Dorothy M
. Gunn
Pollution Control Board
James R. Thompson Center
100 West Randolph St., Suite 11-500
Chicago, IL 60601
Mr. Matt Dunn
Environmental Bureau Chief
Office of the Attorney General
James R. Thompson Center
100 W . Randolph, 12
th
Floor
Chicago, IL 60601
PROOF OF SERVICE
The undersigned hereby certifies that a copy of the foregoing document was served by
placing same in a sealed envelope addressed :
General Counsel
Office of Legal Counsel
Ill
. Dept. of Natural Resources
One National Resources Way
Springfield, IL 62702-1271
Mr. Alec Messina
General Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave . E.
P. 0. Box 19276
Springfield, IL 62794-9276
and by depositing same in the United States mail in Springfield, Illinois, on the 26th day of July,
2006, with postage fully prepaid .
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In the Matter of:
)
PROPOSED
SOLID WASTE DISPOSALAMENDMENTS
: GENERAL PROVISIONSTO
))
35 111 . Adm. Code 810 ; and,
)
STANDARDS FOR NEW SOLID WASTE LANDFILLS )
LANDFILLS 35 111 . Adm. Code 811 .
)
ILLINOIS POLLUTION CONTROL BOARD
(Rulemaking- Land)
REQUEST FOR WAIVER OF PETITION REQUIREMENT
NOW COMES Petitioner, the Illinois Chapter of the National Solid Waste Management
Association ("NSWMA"), by and through its attorneys, Soiling, Northrup, Hanna, Cullen &
Cochran, Ltd., and hereby requests that the requirement at 35 Ill
. Adm. Code 102 .202(f) that
rulemakings proposed by individuals or entities other than the Illinois Environmental Protection
Agency ("Illinois EPA") or the Illinois Department of Natural Resources include a petition
containing 200 signatures be waived
. In support, NSWMA states :
1 .
The NSWMA is a not-for-profit trade association representing companies that
provide solid, hazardous and medical waste collecting, recycling and disposal services .
The
Association was founded in 1962
. Its mission is to promote the management of waste in a
manner that is environmental responsible, efficient, and ethical, while benefiting the public and
protecting employees.
2
. The Illinois Chapter of the NSWMA has numerous member companies in Illinois
which serve every region of the State of Illinois
. The NSWMA's member organizations and
their employees are "persons" within the meaning of 35 Ill . Adm. Code 101 .202 and 102
.202(f).
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RECEIVEDCLERK'S
OFFICE
JUL 2 7 2006
STATE OF
ILLINOIS
Pollution Control Board
NSWMA member companies support the NSWMA proposed rulemaking to
amend sections 310 and 311 of the Board's solid waste regulations and have in fact requested the
NSWMA to submit this proposed rulemaking .
4.
The NSWMA has, a longstanding history of participating in rulemakings before
the Illinois EPA and the Board .
5 .
Over the last several years, the NSWMA and the Illinois Environmental
Protection Agency have met and discussed this proposed rulemaking . The Illinois EPA supports
the adoption of the proposed amendments .
6.
Requiring NSWMA to prepare, obtain and present a petition with 200 signatures
along with its proposed amendments would present an unnecessary burden in both time and
expense.
7.
The Board has a long standing practice of granting waivers of the 200 signature
requirement when a regulatory proposal is being presented by an organizational proponent
. Such
proponents have in the past included : the NSWMA ; the Sierra Club ; the Illinois Association of
Wastewater Agencies ; the Illinois Environmental Regulatory Association
; and the Chemical
Industry Council of Illinois .
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WHEREFORE, Petitioner, the Illinois Chapter of the National Solid Waste Management
Association, respectfully requests that the Board grant this Request for Waiver of Petition
Requirements, in conjunction with the NSWMA's petition for Rulemaking regarding
amendments to certain of the Board's solid waste regulations .
Respectfully submitted,
National Solid Wastes Management Association
Petitioner,
Sorling, Northrup, Hanna,
Cullen & Cochran, Ltd .
Charles J . Northrup, of Counsel
Suite 800 Illinois Building
P.O. Box 5131
Springfield, IL 62705
Telephone: (217) 544-1144
Facsimile: (217) 522-3173
150505373 .3 7/2612006CJNCINI
By
: One
Of Its Attorneys
3
This Document has been Primed on Recycled Paper
Ms . Dorothy M. Gunn
Pollution Control Board
James R. Thompson Center
100 West Randolph St ., Suite 11-500
Chicago, IL 60601
Mr. Matt Dunn
Environmental Bureau Chief
Office of the Attorney General
James R. Thompson Center
100 W
. Randolph, 12th Floor
Chicago, IL 60601
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PROOF OF SERVICE
The undersigned hereby certifies that a copy of the foregoing document was served by
placing same in a sealed envelope addressed :
and by depositing same in the United States mail in Springfield, Illinois, on the 26th day of July,
2006, with postage fully prepaid.
General Counsel
Office of Legal Counsel
Ill. Dept. of Natural Resources
One National Resources Way
Springfield, IL 62702-1271
Mr. Alec Messina
General Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave . E .
P. 0. Box 19276
Springfield, IL 62794-9276
RECEIVEDCLERK'S
OFFICE
ILLINOIS POLLUTION CONTROL BOARD
JUL 2'
7
2006
In the Matter of:
)
PROPOSED AMENDMENTS TO
)
SOLID WASTE DISPOSAL: GENERAL PROVISIONS )
35 Ill. Adm. Code 810 ; and,
)
STANDARDS FOR NEW SOLID WASTE LANDFILLS )
LANDFILLS 35111. Adm. Code 811 .
)
I
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Pollution
STATE OF
Control
ILLINOISBoard
(Rulemaking - Land)
PROPOSAL TO AMEND CERTAIN POLLUTION CONTROL BOARD
REGULATIONS RELATED TO SOLID WASTE MANAGEMENT FACILITIES
NOW COMES Proponent, the Illinois Chapter of the National Solid Wastes Management
Association ("NS WMA") by and through its attorneys, Sorling, Northrup, Hanna, Cullen & Cochran,
Ltd., Charles J
. Northrup, of Counsel, and pursuant to 35 I1l .Adm. Code 102 .200, hereby submits
these proposed amendments to certain Illinois Pollution Control Board regulations related to solid
waste management facilities found at 35 Ill .Adm Code 810 and 811 . In support of to is proposed
amendments, the NSWMA provides
:
INTRODUCTION
This rulemaking is being initiated by the National Solid Wastes Management Association
("NS WMA") to amend certain Sections of the Board's landfill regulations
. This rulemaking is the
culmination of almost seven years of discussions between the NSWMA and the Illinois
Environmental Protection Agency ("Illinois EPA")
. The Illinois EPA supports and concurs with all
of the proposed amendments, and in fact some of the proposed amendments originated with the
Illinois EPA. This rulemaking presents 49 proposed amendments
. However, only approximately
half of those proposed amendments are substantive .
As will be discussed with greater specificity below, the proposed rules are designed primarily
as an update of the Board's existing regulations to meet what has become current and accepted
practice in the industry
. Many of the rules that are proposed to be amended have been in place since
the Board adopted them in 1990 in the R88-7 rulemaking
. Since that time, the waste industry and
the Illinois EPA have had years of practical experience implementing and following these
requirements . In addition, since the adoption of the Board's landfill regulations more and more
technical and scientific knowledge has been gained which has also contributed to current practice in
the industry which may not be reflected in the existing regulations
. These proposed amendments are
designed to reflect these changes and experience while maintaining, and in many instances
improving, the level of environmental protection that is currently being achieved by the existing
tS05J 1767 .4 7/26/2006 CJN BLn
regulations .
Adopting the proposed amendments to the Board's regulations will have a number of positive
effects. First, it will eliminate or modify certain regulations that are no longer technically reasonable
in that they do not reflect current and accepted practice in the industry
. Second, it will lessen the
amount of potentially unrepresentative information and data that is submitted and upon which
regulatory decisions are made . Stated another way, the proposed amendments will facilitate the
generation of more accurate data upon which better regulatory decisions can be made resulting in
improved environmental protection
. And, finally, the proposed amendments will likely result in
greater cost and personnel efficiency to both the regulated community (in terms of reducing costs and
personnel time) and the Illinois EPA (in terms of personnel time) .
Although rule specific issues are raised in detail below, the Petitioner believes that these
amendments present no issues of "technical feasibility" . As noted, a significant purpose of the
amendments is to update some of the older existing rules to match current practice and guidance .
Most of the substantive proposed amendments deal with sampling parameters, sampling frequency,
statistical analysis of data, and timing of various submittals . None of these substantive proposals
affect "technical" issues . Similarly, with respect to "economic reasonableness," the Petitioner does
not believe that any of the proposed amendments will result in any unreasonable increase in costs . In
fact, it may be that the greater data accuracy sought by the proposed amendments may result in cost
savings to regulated entities
. Notwithstanding any cost issues (either increase or decrease), Petitioner
believes that the costs will not be unduly burdensome and are nevertheless consistent with other
programs and are justified for compliance with the Act .
Perhaps most importantly, all of the positive effects of the proposed amendments can be
achieved while improving the current level of environmental protection
. In addition, the proposed
amendments are consistent with current federal policy requirements
. In many cases, the proposed
amendments will increase that level of protection by making data more accurate (by reducing the rate
of "false positives") and thus a better reflection of landfill conditions . The creation of better data
will allow both the operator and the Illinois EPA to focus their respective resources on issues or
conditions that pose environmental problems
. As such the greater efficiency will result in better
environmental protection .
II. PROPOSED RULE AMENDMENT LANGUAGE
A complete proposed rule amendment language is attached to this proposal as Attachment A
.
III. STATEMENT OF REASONS SUPPORTING PROPOSED AMENDMENTS
I .
Proposed Amendment 1 .
810.104(a)(1) -- Updating Federal Regulations Incorporated by Reference
.
At the request of the Illinois EPA, and with the agreement of the Petitioner, this Section is
proposed to be amended to include an incorporation by reference of federal regulation 40 CFR
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258.Appendix 1 (2006) . Throughout these proposed amendments reference is made to the federal
Appendix I. This amendment merely identifies the location and date of the referenced material
. Any
specific justification or discussion of the relevance of Appendix I will be discussed below
.
2 .
Proposed Amendment 2.
810.104(a)(1) -- Updating Federal Regulations Incorporated by Reference
At the request of the Illinois EPA, and with the agreement of the Petitioner, this Section is
proposed to be amended to update the incorporation by reference of 40 CFR 258 .Appendix 11(1997) .
This update merely reflects making the reference consistent with the current (2006) version of the
federal Appendix 11
. While some modification has been made between the 1997 and current (2006)
version of Appendix II, no substantive changes have been made .
3 .
Proposed Amendment 3 .
810.104(a)(1) -- Updating Federal Guidance Incorporated by Reference
At the request of the Illinois EPA, and with the agreement of the Petitioner, this Section is
proposed to be amended solely to update the incorporation by reference of "Test Methods for
Evaluating Solid Waste, Physical/Chemical methods, EPA Publications SW-846" to include Updates
II, IIA, IIB, III, IIIA, and IIIB which have been adopted up through June, 2005 .
4.
Proposed Amendment 4 .
811 .309(g) --- Leachate Monitoring
The Petitioner, at the suggestion of the Illinois EPA (and therefore with its concurrence) ,
proposes to
: (1) amend the frequency of leachate sampling while still collecting an appropriate
amount of leachate data that is protective of human health and the environment ; (2) specify a default
minimum for the number of potential leachate monitoring locations at a landfill unit
; and (3) codify
current Illinois EPA practice with respect to the minimum constituents that must be sampled for
.
The proposed amendments in 811
.309(g)(1) delete the existing requirements with respect to
the frequency of leachate monitoring and reference the new frequency requirements (to be found and
discussed at 811
.309(g)(5)) and codified list of constituents to be sampled for (to be referenced at
811 .309(g)(2)(G) and 811 .309(g)(3)(D) and found at 811
. Appendix C) . The proposed amendments
also reference, for the first time, a default minimum number of leachate monitoring locations .
Finally, the proposed amendments allows the Illinois EPA to require by permit less
leachate
sampling than might otherwise be required in the regulations as long as compliance with other
regulatory provisions is ensured . This amendment is designed merely to allow the Illinois EPA
flexibility to accommodate individual site conditions
. The regulations currently allow the Illinois
EPA the flexibility to require more leachate sampling if it believes it is necessary
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5 .
Proposed Amendment 5 .
811 .309(g)(2)(G) - List of Monitoring Parameters
The Petitioner, at the suggestion of the Illinois EPA (and therefore with its concurrence) ,
proposes to amend this subsection by referencing (and requiring) a specific list of leachate
monitoring parameters. This proposed list of leachate monitoring parameters consists of 202
constituents likely to be found in leachate . The list is derived by the Illinois EPA from its
"Attachment 1" to Appendix C "Instructions for the Groundwater Protection Evaluation for
Putrescible and Chemical Waste Landfills" of the Illinois EPA's LPC-PA2 and LPC-PA19
"Instructions for a Significant Modification Demonstrating Compliance with 35 Ill
. Adm. Code,
Subtitle G, Part 814, Subpart C ." This list of parameters is the list currently required by permit but is
not required by regulation . This amendment increases the level of enviromnental protection
.
Including the list will also ensure that it is applicable to all landfills in Illinois and not just permitted
landfills
.
6.
Proposed Amendment 6 .
811 .309(g)(3)(D) - List of Monitoring Parameters
This is the same proposed amendment as identified above at "Proposed Amendment 5 ." The
Petitioner, at the suggestion of the Illinois EPA (and therefore with its concurrence) , proposes to
amend this subsection by referencing (and requiring) a specific list of leachate monitoring
parameters. This proposed list of leachate monitoring parameters consists of 202 constituents likely
to be found in leachate . The list is derived by the Illinois EPA from its "Attachment 1" to Appendix
C "Instructions for the Groundwater Protection Evaluation for Putrescible and Chemical Waste
Landfills" of the Illinois EPA's LPC-PA2 and LPC-PA19 "Instructions for a Significant
Modification Demonstrating Compliance with 35111
. Adm. Code, Subtitle G, Part 814, Subpart C.".
This list of parameters is the list currently required by permit and including it in the regulations will
simply codify the list . Including the list will also increase the level of environmental protection and
ensure that it is applicable to all landfills in Illinois and not just permitted landfills .
7 .
Proposed Amendment 7 .
811 .309(g)(4) - Leachate Monitoring Location Network
The Petitioner, at the suggestion of the Illinois EPA (and therefore with its concurrence),
proposes to add this new subsection to require a certain minimum number of leachate monitoring
locations . Currently, the number of leachate monitoring locations is determined by the Illinois EPA
on a case by case basis . Over the years, it has developed that some landfills may have only one
leachate monitoring location while others have dozens . This proposed amendment mandates a
minimum number of four leachate monitoring locations and at least one for every 25 acres within a
landfill units waste boundary unless the operator demonstrates, through the permitting process, that
fewer leachate monitoring locations are needed
. By this amendment a certain amount of uniformity
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will be established
. Perhaps more importantly, it is recognized that leachate qualities may differ
spatially and temporally within a given landfill
. By requiring a certain minimum number of leachate
monitoring locations, it is believed that this "spacial variability" of leachate within a landfill can be
detected. The result is not only more information and improved environmental protection, but more
accurate information upon which better regulatory decisions can be made
.
8 .
Proposed Amendment 8 .
811 .309(g)(5) - Frequency of Leachate Monitoring
The Petitioner, at the suggestion of the Illinois EPA (and therefore with its concurrence),
proposes to add this new subsection to require leachate monitoring semi-annually . Currently, once
four quarters of leachate data is collected, leachate sampling is conducted on a semi-annual basis
.
The amount of data collected under the current regulatory scheme is extensive but has not been
demonstrated to result in any greater understanding of leachate conditions at any given landfill
.
Under the proposed amendments, while 4 quarters of data during initial sampling is eliminated,
relevant data are continued to be collected on an appropriate (semi-annual) basis as the existing rule
provides
. This initial quarterly data collection period occurs at generally an early stage in landfill
development and yielded data not necessarily representative of long-term conditions in the landfill
.
Data collection on a semi-annual basis is sufficient to characterize leachate quality trends
. This does
serve to slightly lessen the economic cost on landfill operators, but such cost savings are not at the
expense of environmental protection . In fact, considerable leachate data continues to be collected as
described above .
9.
Proposed Amendment 9 .
811 .Appendix C - List of Leachate Monitoring Parameters
The Petitioner, at the suggestion of the Illinois EPA (and therefore with its concurrence)
,
proposes to amend this subsection by referencing (and establishing) a specific list of leachate
monitoring parameters . This proposed list of leachate monitoring parameters consists of 202
constituents likely to be found in leachate . The list is derived by the Illinois EPA from its
"Attachment 1" to Appendix C "Instructions for the Groundwater Protection Evaluation for
Putrescible and Chemical Waste Landfills" of the Illinois EPA's LPC-PA2 and LPC-PA19
"Instructions for a Significant Modification Demonstrating Compliance with 35 111 . Adm. Code
Subtitle G, Part 814, Subpart C ." This list of parameters is the list currently required by permit and
including it in the regulations will simply codify the list . Including the list will also increase the level
of environmental protection and ensure that it is applicable to all landfills in Illinois .
10
. Proposed Amendment 10 .
811 .315(e)(1)(G)(i) - Groundwater standard
The Petitioner, with the concurrence of the Illinois EPA, proposes to replace the reference to
"public or food processing water supply standard at 35 I11 .Adm
. Code 302" with a reference to the
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groundwater standards found at 35 I11 .Adm. Code 620 . The reference to the public or food
processing water supply standards was included in the original R88-7 Rulemaking adopted in 1990 .
With the adoption of the Illinois groundwater rules standards, however, the reference to the public or
food processing water supply standards is no longer practically or legally the most appropriate
standard
. Legally it appears that the public or food processing water supply standards is inapplicable
to groundwater . See 35 Ill .Adm. Code 620
.130. Practically, as well, groundwater at landfills is now
regulated under a more inclusive list of constituents found in the 620 regulations
. Here too, as with
many of these proposed amendments, technical compliance has become unreasonable with the
Board's adoption of a more appropriate standard
. In addition, the degree of environmental protection
remains the same.
11 .
Proposed Amendment 11 .
811 .315(e)(1)(G)(ii) - Groundwater standard
The Petitioner, with the concurrence of the Illinois EPA, proposes to add "(A)" to the cited
reference simply to provide a more precise reference to the relevant code section . There is no
substantive change to the regulations by this amendment .
12.
Proposed Amendment 12.
811 .318(e)(6)(B) - Depth of Well Measurements
The Petitioner, with the concurrence of the Illinois EPA, proposes to delete this requirement
at this location and replace it at anew Section 811 .318(e)(7) . As is noted below, this new proposed
Section is designed to better reflect current landfill operations and equipment advances, improve data
collection and reliability, and thereby improve the existing level of environmental protection.
13 .
Proposed Amendment 13 .
811
.318(e)(6)(C) -
Ph
The Petitioner, with the concurrence of the Illinois EPA, proposes only to renumber this
provision in light of preceding additions and deletions in this Section so as to conform this provision
to its proper sequential designation
. There is no substantive change to the regulations by this
proposed amendment .
14.
Proposed Amendment 14 .
811 .318(e)(6)(D) - Temperature
The Petitioner, with the concurrence of the Illinois EPA, proposes only to renumber this
provision in light of preceding additions and deletions in this Section so as to conform this provision
to its proper sequential designation
. There is no substantive change to the regulations by this
proposed amendment .
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15 .
Proposed Amendment 15 .
811 .318(e)(6)(E) - Specific Conductance
The Petitioner, with the concurrence of the Illinois EPA, proposes only to renumber this
provision in light of preceding additions and deletions in this Section so as to conform this provision
to its proper sequential designation . There is no substantive change to the regulations by this
proposed amendment
.
16
.
Proposed Amendment 16.
811 .318(e)(7) - Well Depth
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this Section by
requiring well depth information to be taken on an annual basis for wells without dedicated pumps .
For wells with dedicated pumps, the sampling frequency is set at 5 years (or less if the pump is
serviced) . Since the adoption of the current regulations, a significant amount of scientific literature
has commented on the superior qualities of dedicated pumps used in groundwater wells
. These
pumps, which over the years have become the industry standard, allow sample collection that is more
representative of aquifer conditions by collecting more and better data, minimizing turbidity, and
minimizing the potential for cross-contamination by reducing the need to remove dedicated systems
.
The current Illinois requirement that de facto requires the removal of dedicated pumps to check well
depth eliminates these significant benefits .
The proposed amendment is therefore justified as a
means to collect better and more accurate data at less expense that, in turn, results in better regulatory
decisions and greater protection of the environment .
17.
Proposed Amendment 17 .
811 .318(e)(8) - Additional Monitoring Well Requirements for MSWLF
The Petitioner, with the concurrence of the Illinois EPA, proposes only to renumber this
provision in light of preceding additions and deletions in this Section so as to conform this provision
to its proper sequential designation
. There is no substantive change to the regulations by this
proposed amendment .
18.
Proposed Amendment 18.
811 .319(a)(2)(A)(ii) - Public or Food Processing Water Supply Standard
The Petitioner, with the concurrence of the Illinois EPA, proposes to delete the existing
provision and replace it with a new subsection (ii) identified below
. The existing provision,
referencing a number of potential indicator contaminants is proposed to be replaced with a minimum
list of specific constituents (see discussion below) .
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19 .
Proposed Amendment 19 .
811
.319(a)(2)(A)(ii)
-
Monitored Constituents (New Section)
The Petitioner, with the concurrence of the Illinois EPA, proposes to add a specific list of
indicator contaminants in lieu of the existing standard .
The proposed amendments add a specific list of indicator parameters . This "new" list of
parameters are effective indicators of a leachate release . Current Illinois EPA authority and practice
requires quarterly monitoring: dissolved ammonia, arsenic, boron, cadmium, chloride, iron, lead,
manganese, nitrate, sulfate, TDS, zinc and total cyanide and phenols .
The proposed list of constituents to be sampled for include : dissolved Ammonia-Nitrogen,
dissolved Arsenic, dissolved Boron, dissolved Cadmium, dissolved Chloride, dissolved Chromium,
total Cyanide, dissolved Lead, dissolved Magnesium, dissolved Mercury, dissolved Nitrate,
dissolved Sulfate, Total Dissolved Solids, and dissolved Zinc . In addition, any facility accepting
more than 50% by volume of non-municipal waste would also be required to monitor for additional
parameters based upon leachate and waste content . Parameters removed from the quarterly sampling
list include dissolved Iron and Manganese. In general terms, the proposed list of constituents to be
sampled for tend to be mobile, and/or exist at better concentration contrast between leachate and
background groundwater, which make them effective and reliable detection monitoring parameters .
Under this proposal, a number of total metals currently monitored on an annual basis will
be removed from the detection monitoring program . The total metals to be removed are :
Antimony, Barium, Beryllium, Cobalt, Copper, Nickel, Selenium, Silver, Thallium, and
Vanadium. In general, monitoring for these total metals, which have often been rendered
immobile due to physical or chemical processes, is not effective for monitoring mobility and
therefore an indication of groundwater problems. As such, the removal of these total metals from
the detection monitoring program will not have a deleterious effect on groundwater monitoring
programs in Illinois . In fact, it is believed that by focusing on certain inorganic parameters and
VOC's shown to be reliable indicators of a release (as proposed), detection monitoring will be
enhanced by minimizing the false-positive rate. Finally, it must be noted that monitoring for
these specific total metals is included in any assessment monitoring program
.
By limiting the number of parameters to only those most indicative of a landfill release, the
monitoring program remains effective but less burdensome to facility operators and regulatory
personnel in terms of cost and time resources . Removal of the parameters noted above will
streamline monitoring without compromising environmental protection .
20.
Proposed Amendment 20 .
811.319(a)(3)(A)(i)-Monitored Organic Constituents (New Section)
The Petitioner proposes, with the concurrence of the Illinois EPA, to add a specific list of
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organic chemicals that must be monitored on a semi-annual basis
. Currently, organic monitoring is
performed once every year . This proposed amendment will increase that frequency to semi-annually
and thus result in the receipt of data more indicative of landfill impact, which in turn enhances the
level of environmental protection
. The list of parameters itself essentially incorporates the federal
40 CFR 258
. Appendix I organics in addition to the 40 CFR 141 .40 organics . The list does eliminate
certain, less mobile, semi-volatile, pesticide/herbicides, and PCBs though incorporates phenols and
oil and grease
. The elimination of these parameters from this list would not significantly reduce the
degree of environmental protection in that nearly all detections of the listed organic compounds are
represented on the proposed list
. Conversely, by doubling the frequency of the most commonly
detected anthropogenic and mobile constituents, the level of environmental protection afforded by
the ground water monitoring program is greatly improved .
21 .
Proposed Amendment 21 .
811 .319(a)(3)(B) - Monitoring Frequency
The Petitioner, with the concurrence of the Illinois EPA, proposes to revise the existing
reference to Section 811 .319(a)(1)(A) to a reference to the section requiring monitoring of organic
parameters at 811 .319(a)(3). The Petitioner and the Illinois EPA believe that this revision merely
corrects a typographical error and makes the intent of the regulations clear . There is no substantive
change to the regulations by this proposed amendment .
22.
Proposed Amendment 22 .
811 .319(a)(3)(C) - Organic Monitoring Frequency
The Petitioner, with the concurrence of the Illinois EPA, proposes two changes . First, the
proposal revises the existing reference to Section 811
.319(a)(1)(A) to a reference to the section
requiring monitoring of organic parameters at 811
.319(a)(3) . The Petitioner and the Illinois EPA
believe that this revision merely corrects a typographical error and makes the intent of the regulations
clear . There is no substantive change to the regulations by this proposed amendment . This is the
same proposed amendment as referenced in "Proposed Amendment 21 ." Second, the proposed
amendment increases the frequency of the referenced sampling from annual to semi-annual . This
increase in sampling frequency serves to enhance the collection of relevant data . While the cost of
such sampling does increase, the degree of environmental protection is also increased .
23 .
Proposed Amendment 23 .
811 .319(a)(4)(A)(i) - Confirmation Monitoring
The Petitioner, with the concurrence of the Illinois EPA, proposes two changes to this
subsection. Currently, the subsection requires that confirmation monitoring shall be instituted where
any constituent monitored shows a progressive increase over four monitoring events . The proposed
amendments provide that confirmation monitoring shall be instituted only where any inorganic
constituent monitored shows a progressive increase over eight, rather than four, consecutive
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monitoring events . These proposed amendments are designed to provide greater assurance based
upon statistical reliability that any identified progressive increases are due to actual contamination
rather than chance . Under the current four consecutive event rule, frequent false positives are
identified . Eight consecutive monitoring events reduce the chance of false positives to
approximately 5% which is consistent with current US EPA guidance and best practices . This
results in better and more accurate data which ultimately results in better regulatory and operational
decisions . The degree of environmental protection remains at its high level and is not affected by
this proposed amendment.
24.
Proposed Amendment 24
.
811 .319(a)(4)(B)(i) -- Verification Samples
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this subsection
by allowing adequate time to verify observed constituent concentration increases and to clarify the
start time for that verification. Currently, the subsection provides that an operator shall verify
observed increases within 45 days of the initial observation of an increase . This 45 day window in
which to sample and verify an increase is difficult to satisfy while following all the requisite data
quality assurance and quality control procedures consistent with US EPA guidance
. The result is
increased review time, by both the operator and Illinois EPA, of data that may not be necessary
.
Allowing a 90 day verification process allows adequate time for an operator to sample, analyze and
complete the requisite data quality assurance and quality control procedures
. The 90 day verification
process also allows verification sampling to potentially be conducted during the next routine
quarterly sampling event, thus maximizing an operator's efficiency . Amending the initiation of the
verification process from the currently required "initial observation" to the proposed "initial
sampling event" is designed merely to clarify the starting point for the 90 day verification process
.
Neither of these proposed amendments alters the purpose, effect, or degree of environmental
protection reflected in the rule . In fact, completion of important quality control functions insures
more reliable data are collected at the site and used to populate statistical control programs and data
management programs which results in improved environmental protection and a better basis for
regulatory decisions .
25. Proposed Amendment 25 .
811 .319(a)(4)(B)(iii) -- Notice of Confirmation and Source Determination
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this subsection
by requiring an operator that has confirmed an increase in the concentration of a constituent to
submit its determination as to the source of the increase within 180 days of the original sampling
event. In addition, this submittal must be in the form of a "significant permit modification
." This
proposed amendment establishes a much more rigorous procedure than is now in place and is
therefore more protective of the environment
. Current practice is for an operator to submit a letter
to the Illinois EPA discussing the confirmed increase and the operator's determination
as to the
source of the increase
. Under the proposed amendment, the 180 day time frame from the original
sampling event accounts for the 90 day resample date and allows the operator sufficient time to
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adequately investigate the increase
. In addition, the requirement that the notification be submitted as
a significant modification permit submittal provides the Illinois EPA with an appropriate procedural
mechanism to review, comment, and ultimately approve (or disapprove) the submittal thereby
ensuring a quality review and administrative finality .
26.
Proposed Amendment 26 .
811 .319(b)(2) -- Assessment Monitoring, Timing of Plan Filing
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this subsection
by requiring an operator that is required to submit an assessment monitoring program plan to submit
such plans within 180 days of the original sampling event. The proposed amendment also requires
implementation of the assessment monitoring program within that same 180 days from the original
sampling event for unpermitted facilities and 45 days after Illinois EPA approval of the program for
permitted facilities . This proposed amendment establishes a much more specific timeline for action .
Currently, no specific time frame is required for submittal of the assessment monitoring program
plans for either permitted or unpermitted facilities
. Rather, the only time frame in the current rule is
that the assessment monitoring program must be implemented within 90 days of monitored increase
confirmation at unpermitted facilities and within 90 days of Illinois EPA approval of the significant
permit modification submittal at permitted facilities . By amending the rule as proposed (tied to the
original sampling event) a much more definite implementation time is established for unpermitted
facilities to implement the assessment monitoring program . Likewise, the proposed amendment
establishes a faster implementation time for permitted facilities as well reducing the time for
implementation of the assessment monitoring program from 90 to 45 days . Both proposed
amendments result in more expeditious response to confirmed monitored increases which in turn
enhances environmental protection .
27
. Proposed Amendment 27 .
81 1 .319(b)(5)(A)
- Assessment Monitoring, Additional Constituents
The Petitioner, at the suggestion of the Illinois EPA (and therefore with its concurrence)
,
proposes to amend this subsection by making certain minor clarifications . First, a reference to
subsection (b)(1)(A) is amended by deleting the reference to "(A)".
This amendment, retaining the
reference to (b)(1)
simply corrects a typographical error and broadens the reference to include
(b)(1)(A), (B), and (C).
Second, the word "shall" has been replaced with "must." Third, the
subsection is amended to include a reference to additional constituents (in addition to those
constituents currently referenced at 40 CFR 25 8
.Appendix II) that must be tested for by referencing
35 Ill.Adm. Code 620 .410
. These additional constituents serve to increase environmental protection
.
28.
Proposed Amendment 28
.
811 .319(b)(5)(D) - Assessment Monitoring, Timing
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The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this subsection
by clarifying that the expanded list of constituents to be monitored for must be monitored on an
annual basis, and that any constituents detected under the expanded monitoring list must be
monitored on a semi-annual basis . The first proposed amendment simply changes the term "shall" to
"must." This amendment is being proposed at the suggestion of the Illinois EPA to reflect the
Pollution Control Board's current usage . The second amendment provides that any constituents on
the expanded monitoring list (40 CFR 258 .Appendix II and 35 I1l.Adm. Code 620
.410) that are
detected in the initial sampling must be monitored for on a semi-annual basis
. The third amendment
proposes that the expanded monitoring list be monitored on an annual basis
. These changes are
designed to generate more accurate information .
The degree of environmental protection is
increased in light of the expanded mandatory list of constituents to be monitored for, while focusing
on those constituents of concern that have been identified
. The proposed amendment retains testing
on a comprehensive basis annually .
29.
Proposed Amendment 29 .
811 .319(b)(5)(E) -
Assessment Monitoring, Constituents
The Petitioner, with the concurrence of the Illinois EPA proposes to amend this subsection
merely to reflect the expanded list of
constituents to be monitored for during an assessment program,
namely the addition of those constituents appearing at 35 Ill
.Adm. Code 620.410, and to keep the
requirements of
this subsection consistent with earlier (proposed) amendments
.
There is no
substantive change to the regulations by this proposed amendment .
30.
Proposed Amendment 30.
811 .319(b)(5)(G) -
Assessment Monitoring, Constituents
The Petitioner, with the concurrence of
the Illinois EPA proposes to amend this subsection
merely to reflect the expanded list of constituents to be monitored for during an assessment program,
namely the addition of those constituents appearing at 35 I11 .Adm . Code 620 .410, and to keep the
requirements of this subsection consistent with earlier (proposed) amendments . There is no
substantive change to the regulations by this proposed amendment
.
31 .
Proposed Amendment 31 .
811
.319(d)(1)(A) -- Assessment Monitoring, Capitalization Correction .
The Petitioner, with the concurrence of the Illinois EPA, proposes only to correct an error in
capitalization
. There is no substantive change to the regulations by this proposed amendment
.
32.
Proposed Amendment 32
.
811 .319(d)(3)(A) --
Assessment Monitoring, Reference Clarification
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The Petitioner, with the concurrence of the Illinois EPA, proposes only to correct a
typographical error . The word "assessment" was previously omitted. The change simply provides
consistency with related regulations, such as 811 .319(c)
. There is no substantive change to the
regulations by this proposed amendment .
33 .
Proposed Amendment 33 .
811 .320(a)(3)(B) - Groundwater Quality Standards, Board Established Standards
At this Section the Petitioner, with the concurrence of the Illinois EPA, proposes to replace the
reference to "public or food processing water supply standard at 35 III .Adm. Code 302" with a
reference to the groundwater standards found at 35 III .Adm. Code 620 . The reference to the public
or food processing water supply standards was included in the original R88-7 Rulemaking adopted in
1990. Subsequently, with the adoption of the Illinois groundwater rules, the 620 standard with
respect to groundwater has been adopted . The reference to the public or food processing standard is
no longer practically or legally the most appropriate standard . Legally it appears that the public or
food processing water supply standards is inapplicable to groundwater . See 35 III.Adm . Code
620.130. Practically, as well, groundwater at landfills is regulated under a more inclusive list of
constituents found in the 620 regulations .
This proposed amendment mirrors the proposed
amendment at 811 .315(e)(1)(G)(i).
34
.
Proposed Amendment 34
.
811 .320(b)(2) - Adjusted Groundwater Quality Standards
The Petitioner, with the concurrence of the Illinois EPA, proposes to replace the reference to
35 III.Adm . Code 302 .301, 304 and 305 (which are "public or food processing water supply
standards) with the newer groundwater quality standards at 620 .410, 420, 430 and 440
. This
proposed amendment is designed merely to update the regulations and bring them more in line with
current practice. Referencing the groundwater standards appears to be consistent with the
exemptions of 35 III .Adm. Code 620 .130 limiting the applicability of public or food processing water
supply standards to groundwater . Referencing the groundwater quality standards is also more
inclusive than the public or food processing water supply standards and thus these proposed
amendments are more protective of the environment.
35
.
Proposed Amendment 35 .
811
.320(b)(4) - Adjusted Groundwater Quality Standards
The Petitioner, with the concurrence of the Illinois EPA, proposes to replace the reference to 35
Ill .Adm. Code 302 .301, 304 and 305 (which are "public or food processing water supply standards)
with the newer groundwater quality standards at 620 .410, 420, 430 and 440 . This proposed
amendment is designed merely to update the regulations and bring them more in line with current
practice. Referencing the groundwater standards appears to be consistent with the exemptions of 35
I11.Adm. Code 620.130 limiting the applicability of public or food processing water supply standards
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to groundwater. Referencing the groundwater quality standards is also more inclusive than the
public or food processing water supply standards and thus these proposed amendments are more
protective of the environment .
36. Proposed Amendment 36.
811 .320(d)(1) - Establishment of Groundwater Background Concentration
The Petitioner, with the concurrence of the Illinois EPA, proposes to revise existing section
311
.320(d) related to the establishment of background concentrations into 3 separate subsections .
The substantive revisions contained in proposed subsections (d)(1) and (d)(2) are designed to allow
more appropriate and accurate characterization of site background conditions consistent with US
EPA guidance and current practice
. This is accomplished by allowing the Illinois EPA to review
more than one years worth of quarterly sampling data and, given the potential for a greater number of
sampling events, by allowing non-consecutive data in certain limited circumstances
. Allowing, but
not requiring, more than one year of quarterly sampling is justified by the simple principle that more
data provides an improved statistical basis for comparisons . The more accurate data generated by the
additional data will, in the long run, reduce the frequency of both false positive and false negative
results. In addition, given the increase in quarterly sampling, the proposed amendment will allow
the Illinois EPA to consider non-consecutive data as long as
only one quarterly sampling is absent
and that the remaining data is nevertheless representative of consecutive data
. In providing the
opportunity to undertake more accurate statistical comparisons and a resultant improvement in both
the false positive and false negative rate, the amendment provides a higher level of environmental
protection . In addition, these proposed amendments reflect current US EPA guidance as well as
current literature and industry practice .
37
.
Proposed Amendment 37 .
811
.320(d)(2) - Adjustment to Background Concentrations
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend existing by
clarifying when adjustments to background concentrations can be made. The existing rule provides
that adjustments to background concentrations can be made if changes in the background
concentrations are "statistically significant ." The proposed amendments simply clarifies that in
addition to being "statistically significant," the changes must be due to either a natural temporal or
spatial variability or otherwise due to an off-site source not associated with the landfill or landfill
activities . This ensures that no adjustments are made that might be related to landfill operations, thus
improving environmental protection
. The proposal also provides that such changes may only be
made once every two years . The proposed amendment also references the availability of using non-
consecutive date to adjust background concentrations as long as the Illinois EPA approves
. Finally,
the proposed revision prohibits any adjustment under this subsection until two years after this
amendment becomes final unless specifically required by the Illinois EPA .
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38.
Proposed Amendment 38 .
811 .320(d)(3) -
Background Concentrations
The Petitioner, with the concurrence of the Illinois EPA, proposes only to renumber this
provision currently contained within existing section 811 .320(d)(1) in light of preceding additions
and deletions in this Section so as to conform this provision to its proper sequential designation
.
There is no substantive change to the regulations by this proposed amendment .
39.
Proposed Amendment 39 .
811
.320(d)(4)- Background Concentrations, Monitoring Wells
The Petitioner, with the concurrence of the Illinois EPA, proposes only to renumber this
provision in light of preceding additions and deletions in this Section so as to conform this provision
to its proper sequential designation . There is no substantive change to the regulations by this
proposed amendment .
40.
Proposed Amendment 40 .
811 .320(d)(5) - Background Concentrations, Non-Hydraulically Upgradient
The Petitioner, with the concurrence of the Illinois EPA, proposes only to renumber this
provision in light of preceding additions and deletions in this Section so as to conform this provision
to its proper sequential designation . There is no substantive change to the regulations by this
proposed amendment.
41 .
Proposed Amendment 41
.
811 .320(d)(6) - Background Concentrations, Alternatives
The Petitioner, with the concurrence of the Illinois EPA, proposes only to renumber this
provision in light of preceding additions and deletions in this Section so as to conform this provision
to its proper sequential designation
. There is no substantive change to the regulations by this
proposed amendment .
42 .
Proposed Amendment 42 .
811 .320(e)(1) - Statistical Analysis of Groundwater Data
The Petitioner, with the concurrence of the Illinois EPA, proposes to delete existing
references to specific "normal theory statistical tests" and "nonparametric statistical tests" set out in
the regulations
. This proposed amendment is designed to eliminate references to inappropriate tests
while allowing the use of more appropriate tests consistent with US EPA guidance and practice
. The
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proposed amendment will not alter the regulatory scheme or impact protection to human health and
the environment .
43 .
Proposed Amendment 43
.
811 .320(e)(3) - Use of the Practical Quantification Limit
("PQL")
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this subsection to
recognize that the practical quantification limit ("PQL")
is the appropriate "level of detection" when
reporting monitoring data
. References to the "method detection limit" are proposed to be replaced
with the use of the "practical quantification limit"
("PQL") as the recognized "level of detection ."
This codifies the present monitoring approach of reporting data to the PQL
. The PQL is recognized
as the lowest limit at which the analytical result can be quantified
. The U.S . EPA recognizes the
limits of using the method detection limit and has provided that PQL's are much more appropriate
.
It also provides consistency with existing regulation 811 .319(a)(4)(A). This proposed amendment is
therefore designed to reflect the state of current thought and sound and practical practice in analyzing
groundwater monitoring data . To ensure that the use of PQL's remain protective of human health
and the environment, the proposed amendment also provides that any established PQL shall not in
any case be higher than any level established by the Board as a groundwater quality standard under
the Illinois Groundwater Protection Act .
44
.
Proposed Amendment 44 .
811 .320(e)(3)(A) -
Use of PQL's
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this subsection to
reflect the changes proposed above in Section 811 .320(e)(3) by deleting the reference to MDL's and
substituting the PQL
. The proposed amendment also deletes a reference to the use of certain
statistical tests identified at section 811
.320(e)(4). As noted below, the reference to the specific
statistical tests identified at section 811
.320(e)(4) are proposed to be deleted and replaced by
allowing additional types of statistical tests that can be demonstrated to meet current regulatory
requirements and which are approved by the Illinois EPA
. This proposed amendment is designed to
allow more a wider range of statistical tests that may be more suitable for individual site conditions
while still achieving the same, if not enhanced, data for operator and regulatory review.
45 .
Proposed Amendment 45 .
811 .320(e)(3)(B) -
Alternative Groundwater Analysis Procedures
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this subsection
by deleting the reference to "data transformations," thus making this subsection consistent with its
companion section 811
.320(e)(3)(A) and the usage of particular tests . The proposed amendment also
allows the use of "Atchison's adjustment" as well as the existing Cohen's adjustment in analyzing
groundwater data
. This amendment merely adds an additional adjustment method (Atchison's) that
has become a standard in the industry . It is currently widely accepted
. Finally, the reference to the
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specific statistical tests identified at section 811 .320(e)(4) are proposed to be deleted allowing
additional types of statistical tests that can be demonstrated to meet current regulatory requirements
and which are approved by the Illinois EPA . This proposed amendment is designed to allow more a
wider range of statistical tests that may be more suitable for individual site conditions while still
achieving the same, if not enhanced, data for operator and regulatory review .
46.
Proposed Amendment 46.
811 .320(e)(3)(C) - Alternative Groundwater Analysis Procedures
The Petitioner, with the concurrence of the Illinois EPA, proposes to amend this subsection
by deleting the reference to the "test of proportions ." As noted above, the specific statistical tests
currently referenced are to be deleted, thus allowing additional types of statistical tests that can be
demonstrated to meet current regulatory requirements and which are approved by the Illinois EPA .
This proposed amendment is designed to allow more a wider range of statistical tests that may be
more suitable for individual site conditions while still achieving the same, if not enhanced, data for
operator and regulatory review .
47 .
Proposed Amendment 47
.
811 .320(e)(4) - Specific Normal Theory Statistical Tests
The Petitioner, with the concurrence of the Illinois EPA, proposes to delete the majority of
existing section 811 .320(e)(4) which identifies specific normal theory statistical tests . Revised
subsection 811 .320 (e)(1) and 811 .320 (e)(3) provide adequate direction to statistical procedures for
normal or transformed data sets without specifying, what in some cases are, inappropriate test
methods. This proposed amendment is designed simply to allow the use of more appropriate tests .
The proposed amendment will not alter the regulatory scheme or impact protection to human health
and the environment .
48.
Proposed Amendment 48.
811 .320(e)(5) - Nonparametric Statistical Tests
The Petitioner, with the concurrence of the Illinois EPA, proposes to delete portions of the
section that referenced specific statistical methods and reference the use of any such tests that meet
the requirements of 35 Ill.Adm. Code 724 .197(i). This subsection is renumbered as 811 .320(e)(4) .
The use of statistical tests meeting the requirements of 35 1l1 .Adm. Code 724.197(i) is currently
allowed. This proposed amendment is designed simply to clarify that the use of non-specified
statistical tests may be allowed by the Illinois EPA where appropriate . The proposed amendment
will not alter the regulatory scheme or impact protection to human health and the environment .
49 .
Proposed Amendment 49
.
811 .320(e)(6) - Other Available Statistical Tests
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The Petitioner, with the concurrence of the Illinois EPA, proposes to delete existing
subsection 811 .320(e)(6) which allows the use of statistical tests that meet the requirements of 35
IIl.Adm . Code 724 .197(1). Reference to the use of tests meeting 35 I11.Adm
. Code 724 .197(i) has
been incorporated into new subsection 811 .320(e)(4). The proposed amendment will not alter the
regulatory scheme or impact protection to human health and the environment
.
IV. SYNOPSIS OF TESTIMONY
NSWMA will present testimony in support of this proposal, as may representatives of one or
more of its member companies . It is also anticipated that one or more Illinois EPA witnesses will
testify in support of the proposed amendments as well . This testimony will be filed with the Board
in accordance with any applicable hearing officer schedule .
V. MATERIALS TO BE INCORPORATED BY REFERENCE
A complete set of materials to be incorporated by reference within the proposed rule
amendment are not attached . The materials incorporated by reference in Section 810 .104 are
portions of federal regulations and US EPA documents consisting of approximately 1,000 pages .
This reference material is likely available at the IEPA/Board library and is readily available on-line .
Therefore, the Petitioner respectfully requests that the Board waive the submission of copies of the
referenced incorporated materials as required under 35 Ill . Adm . Code 102 .202 (d) .
VI
. PUBLISHED STUDIES
In conjunction with the presentation of testimony, witnesses may reference published studies
or research reports used or considered in the development of these proposed amendments
. At the
time such testimony is pre-filed, it will also include titles and descriptions of any studies and reports
relied upon by the witnesses .
VII. PETITION OF 200 SIGNATURES
Filed contemporaneously with this Petition is a Motion seeking to waive the requirements
that the Petition be accompanied by 200 signatures in support of the rulemaking .
VIII. STATEMENT OF AMENDMENT OF MOST RECENT RULE VERSION
In accordance with Board Rule 101 .202(h), Proponent NSWMA hereby certifies, by its
attorney's signature below, that the portions of 35 I11 .Adm. Code 810 and 811 cited above and to be
amended by this proposal are the most recent versions of those regulations as published on the
Board's web site .
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IX
. CONCLUSION
WHEREFORE, Proponent, National Solid Wastes Management Association, with the
concurrence and support of the Illinois Environmental Protection Agency, respectfully requests that
the Board amend its solid waste regulations as
proposed in this proposal.
Respectfully submitted
NATIONAL SOLID WASTES MANAGEMENT
ASSOCIATION
Sorling, Northrup, Hanna,
Cullen & Cochran, Ltd.
Charles J
. Northrup, of Counsel
Suite 800 Illinois Building
P
.O
. Box 5131
Springfield, IL 62705
Telephone: 217 .544 .1144
Fax
: 217 .522.3173
E-Mail
:
cjnorthrup(r&sorlinglaw .com
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By:
Charles J. Northrup
19
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Ms . Dorothy M . Gunn
Pollution Control Board
James R. Thompson Center
100 West Randolph St ., Suite 11-500
Chicago, IL 60601
Mr. Matt Dunn
Environmental Bureau Chief
Office of the Attorney General
James R. Thompson Center
100 W
. Randolph, 12`h Floor
Chicago, IL 60601
SO511767 .4 7/26/2006 CIN BLFI
PROOF OF SERVICE
The undersigned hereby certifies that a copy of the foregoing document was served by
placing same in a sealed envelope addressed
:
General Counsel
Office of Legal Counsel
Ill . Dept
. of Natural Resources
One National Resources Way
Springfield, IL 62702-1271
Mr. Alec Messina
General Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave . E.
P. 0 . Box 19276
Springfield, IL 62794-9276
and by depositing same in the United States mail in Springfield, Illinois, on the 26th day of July,
2006, with postage fully prepaid .
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Section 810 .104
Incorporation by Reference
a)
The Board incorporates the following material by reference :
1)
Code of Federal Regulations :
40 CFR 141
.40 (1997) .
40 FR 258 .A endix i ~2006k
40 CFR 258 .Appendix lI (119972006).
2)
American Institute of Certified Public Accountants, 1211 Avenue
of the Americas, New York NY 10036 :
Auditing Standards--Current Text, August 1, 1990 Edition .
3)
ASTM. American Society for Testing and Materials, 1976 Race
Street, Philadelphia PA 19103 215-299-5585 :
Method D2234-76, Test Method for Collection of Gross
Samples of Coal .
Method D3987-85, Standard Test Method for Shake
Extraction of Solid Waste with Water .
4)
GASB . Government Accounting Standards Board, 401 Merritt 7,
P .O. Box 5116, Norwalk CT 06856-5116
:
Statement 18 .
5)
U
.S
. Army Corps of Engineers, Publication Department, 2803
52nd Ave., Hyattville, Maryland 20781, 301-394-0081
:
Engineering Manual 1110-2-1906 Appendix VII, Falling-
Head Permeability Cylinder (1986) .
6)
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 Update I-{ Noverrrher,
41990,,1I,11 A
1],111
. III_A dIII,I3~.lune, 20Q5_) :
b)
This incorporation includes no later amendments or editions .
(Source : Amended at 21 I1l .Reg. 15825, effective November 25, 1997)
ATTACHMENT A
Section 811 .309
Leachate Treatment and Disposal Systems
a)
Leachate shall be allowed to flow freely from the drainage and collection system.
The operator is responsible for the operation of a leachate management system
designed to handle all leachate as it drains from the collection system . The
leachate management system shall consist of any combination of storage,
treatment, pretreatment, and disposal options designed and constructed in
compliance with the requirements of this Section
.
b)
The leachate management system shall consist of any combination of multiple
treatment and storage structures, to allow the management and disposal of
leachate during routine maintenance and repairs .
c)
Standards for Onsite Treatment and Pretreatment
1)
All onsite treatment or pretreatment systems shall be considered part of
the facility .
2)
The onsite treatment or pretreatment system shall be designed in
accordance with the expected characteristics of the leachate
. The design
may include modifications to the system necessary to accommodate
changing leachate characteristics .
3)
The onsite treatment or pretreatment system shall be designed to function
for the entire design period .
4)
All of the facility's unit operations, tanks, ponds, lagoons and basins shall
be designed and constructed with liners or containment structures to
control seepage to groundwater .
5)
All treated effluent discharged to waters of the State shall meet the
requirements of 35 Ill. Adm . Code 309 .
6)
The treatment system shall be operated by an operator certified under the
requirements of 35 Ill. Adm. Code 312 .
d)
Standards for Leachate Storage Systems
1)
Except as otherwise provided in subsection (d)(6)
of this Section, the
leachate storage facility must be able to store a minimum of at least five
days' worth of accumulated leachate at the maximum generation rate used
in designing the leachate drainage system in accordance with Section
811 .307
. The minimum storage capacity may be built up over time and in
stages, so long as the capacity for five consecutive days of accumulated
leachate is available at any time during the design period of the facility .
2)
All leachate storage tanks shall be equipped with secondary containment
systems equivalent to the protection provided by a clay liner 0
.61 meter (2
feet thick) having a permeability no greater than 10-7 centimeters per
second.
3)
Leachate storage systems shall be fabricated from material compatible
with the leachate expected to be generated and resistant to temperature
extremes .
4)
The leachate storage system shall not cause or contribute to a malodor
.
5)
The leachate drainage and collection system shall not be used for the
purpose of storing leachate .
6)
A facility may have less than five days' worth of storage capacity for
accumulated leachate as required by subsection (d)(l) of this Section, if
the owner or operator of the facility demonstrates that multiple treatment,
storage and disposal options in the facility's approved leachate
management system developed in accordance with subsection (b) of this
Section will achieve equivalent performance
. Such options shall consist
of not less than one day's worth of storage capacity for accumulated
leachate plus at least two alternative means of managing accumulated
leachate through treatment or disposal, or both treatment and disposal,
each of which means is capable of treating or disposing of all leachate
generated at the maximum generation rate on a daily basis .
e)
Standards for Discharge to an Offsite Treatment Works
1)
Leachate may be discharged to an offsite treatment works that meets the
following requirements:
A)
All discharges of effluent from the treatment works shall meet the
requirements of 35 Ill . Adm. Code 309 .
B)
The treatment systems shall be operated by an operator certified
under the requirements of 35 Ill . Adm. Code 312 .
C)
No more than 50 percent of the average daily influent flow can be
attributable to leachate from the solid waste disposal facility.
Otherwise, the treatment works shall be considered a part of the
solid waste disposal facility .
2)
The operator is responsible for securing permission from the offsite
treatment works for authority to discharge to the treatment works
.
0
3)
All discharges to a treatment works shall meet the requirements of 35 III
.
Adm. Code 310 .
4)
Pumps, meters, valves and monitoring stations that control and monitor
the flow of leachate from the unit and which are under the control of the
operator shall be considered part of the facility and shall be accessible to
the operator at all times .
5)
Leachate shalll be allowed to flow into the sewage system at all times ;
however, if access to the treatment works is restricted or anticipated to be
restricted for longer than five days, then an alternative leachate
management system shall be constructed in accordance with subsection
(c)
.
6)
Where leachate is not directly discharged into a sewerage system, the
operator shall provide storage capacity sufficient to transfer all leachate to
an offsite treatment works . The storage system shall meet the
requirements of subsection (d).
Standards for Leachate Recycling Systems
1)
Leachate recycling systems may be utilized only at permitted waste
disposal units that meet the following requirements
:
A)
The unit must have a liner designed, constructed and maintained to
meet the minimum standards of Section 811 .306.
B)
The unit must have a leachate collection system in place and
operating in accordance with Section 811 .307.
C)
A gas management system, equipped with a mechanical device
such as a compressor to withdraw gas, must be implemented to
control odors and prevent migration of methane in accordance with
Section 811 .311 .
D)
The topography must be such that any accidental leachate runoff
can be controlled by ditches, berms or other equivalent control
means.
2)
Leachate shall not be recycled during precipitation events or in volumes
large enough to cause runoff or surface seeps .
3)
The amount of leachate added to the unit shall not exceed the ability of the
waste and cover soils to transmit leachate flow downward . All other
leachate shall be considered excess Leachate, and a leachate management
system capable of disposing of all excess leachate must be available
.
g)
4)
The leachate storage and distribution system shall be designed to avoid
exposure of leachate to air unless aeration or functionally equivalent
devices are utilized.
5)
The distribution system shall be designed to allow leachate to be evenly
distributed beneath the surface over the recycle area .
6)
Daily and intermediate cover shall be permeable to the extent necessary to
prevent the accumulation of water and formation of perched watertables
and gas buildup ; alternatively cover shall be removed prior to additional
waste placement.
7)
Daily and intermediate cover shall slope away from the perimeter of the
site to minimize surface discharges .
Leachate Monitoring
1)
Representative samples of leachate shall be collected from each
established leachate monitoring location and tested-in accordance with
subsection (g)(5) and tested, for theparameters refcronced-i-B
(g)(2)(G) and
(g)(3)(D)-at afrequency of
once
per quarter un as :.am-}}k
krve bcewehlained mxlt t ltrrntlca ;t ei }htc}utte rs . if-#}rany
reason
nsuffuient leae-hatesehtai wrl-te--yield a-satnplc-tear--test ing during-a
gi ven quarterly monitoring attempt, aueh attempt ahall not count toward
the debit -
''ng veq ui
roment.There rlter, the
f}equency-r f testing-shall be changed tc sea i-anneal--fcir-an-y-nenitered
conatiluent
while the leaehate management systemis in operation
However, the The Agency may, by permit condition, require additional,
or allow, l ess, leaehate sampling and testing as necessary to ensure
compliance with this Section and Sections 811
.312, 811 .317, and 811 .319.
Discharges of leachate from units that dispose of putrescible wastes shall
be tested for the following constituents prior to treatment or pretreatment :
A)
Five day biochemical oxygen demand (BOD,) ;
B)
Chemical oxygen demand ;
C)
Total Suspended Solids;
D)
Total Iron;
E)
pH;
F)
Any other constituents listed in the operator's National Pollution
Discharge Elimination System (NPDES) discharge permit,
A)
pH;
B)
Total Dissolved Solids;
C)
D)
pursuant to 35 Ill
. Adm. Code 304, or required by a publicly
owned treatment works, pursuant to 35 111 . Adm. Code 310 ; and
G)
All ofthe i-nk - t - )nstituen'ts chosen--
eordanee
with Section
814.3 .14
a+id-used k>y-the operater--lip- reundwater
monitoringthe m_o~i
iu_grpar
ipeterlisted in Section
Ml.Appe}
dix C, unless an alternate
monitoring.-list
has been
a4nn•oved by the Agency
.
3)
Discharges of leachate from units which dispose only chemical wastes
shall be monitored for constituents determined by the characteristics of the
chemical waste to be disposed of in the unit . They shall include, as a
minimum:
Any other constituents listed in the operator's NPDES discharge
permit, pursuant to 35 Ill . Adm. Code 304, or required by a
publicly owned treatment works, pursuant to 35 Ill
. Adm. Code
310; and
monitoring .- All the monitoring parameters listed in Section 811 .
Appendix C, unless an alternate monitoring list has been approved
by the Agency .
4) A network of leachate monitoring locations shall be established, capable
of characterizing the leachate produced by the unit . Unless an alternate
network has been approved by the Agency, the network of leachate
monitoring locations shall include :
A) At least four leachate monitoring locations
; and
B) At least one leachate monitoring location for every 25 acres within
the unit's waste boundaries .
5) Leachate monitoring shall be performed at least once every six months
and each established leachate monitoring location shall be monitored at
least once every two years .
h)
Time of Operation of the Leachate Management System
1)
The operator shall collect and dispose of leachate for a minimum of five
years after closure and thereafter until treatment is no longer necessary
.
2)
Treatment is no longer necessary if the leachate constituents do not exceed
the wastewater effluent standards in 35 Ill
. Adm
. Code 304 .124, 304 .125,
304
.126 and do not contain a BODE[5] concentration greater than 30
mg/L for six consecutive months .
3)
Leachate collection at a MSWLF unit shall be continued for a minimum
period of 30 years after closure, except as otherwise provided by
subsections (h)(4) and (h)(5), below.
4)
The Agency may reduce the leachate collection period at a MS WLF unit
upon a demonstration by the owner or operator that the reduced period is
sufficient to protect human health and environment .
5)
The owner or operator of a MSWLF unit shall petition the Board for an
adjusted standard in accordance with Section 811 .303, if the owner or
operator seeks a reduction of the postclosure care monitoring period for all
of the following requirements :
i)
Inspection and maintenance (Section 811 .111) ;
ii)
Leachate collection (Section 811 .309) ;
iii)
Gas monitoring (Section 811 .130) ; and
iv)
Groundwater monitoring (Section 811 .319).
BOARD NOTE : Subsection (h) is derived from 40 CFR 258 .61 (1992) .
(Source: Amended at 22 Ill . Reg. 11491, effective June 23, 1998)
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Section 811 .315
Hydrogeologic Site Investigations
a)
Purpose
The operator shall conduct a hydrogeologic investigation to develop
hydrogeologic information for the following uses :
1)
Provide information to perform a groundwater impact assessment ; and
2)
Provide information to establish a groundwater monitoring system.
b)
General Requirements
1)
The investigation shall be conducted in a minimum of three phases prior to
submission of any application to the Agency for a permit to develop and
operate a landfill facility .
2)
The study area shall consist of the entire area occupied by the facility and
any adjacent related areas, if necessary for the purposes of the
hydrogeological investigation set forth in subsection (a).
3)
All borings shall be sampled continuously at all recognizable points of
geologic variation, except that where continuous sampling is impossible or
where non-continuous sampling can provide equivalent information,
samples shall be obtained at intervals no greater than 1 .52 meters (five
feet) in homogeneous strata .
c)
Minimum Requirements For a Phase I Investigation
1)
The operator shall conduct a Phase I Investigation to develop the
following information :
A)
Climatic aspects of the study area ;
B)
The regional and study area geologic setting ; including a
description of the geomorphology and stratigraphy of the area ;
C)
The regional groundwater regime including water table depths and
aquifer characteristics
; and
D)
Information for the purpose of designing a Phase II Hydrogeologic
Investigation
.
2)
Specific Requirements
A)
The regional hydrogeologic setting of the unit shall be established
by using material available from all possible sources, including,
but not limited to, the Illinois Scientific Surveys, the Agency, other
State and Federal organizations, water well drilling logs, and
previous investigations
.
B)
A minimum of one continuously sampled boring shall be drilled on
the site, as close as feasible to the geographic center, to determine
if the available regional hydrogeologic setting information is
accurate and to characterize the site-specific hydrogeology to the
extent specified by this phase of the investigation . The boring shall
extend at least 15 .2 meters (50 feet) below the bottom of the
uppermost aquifer or through the full depth of the confining layer
below the uppermost aquifer, or to bedrock, if the bedrock is below
the upper most aquifer, whichever elevation is higher . The
locations of any additional borings, required under this subsection,
may be chosen by the investigator, but shall be sampled
continuously .
d)
Minimum Requirements For A Phase II Investigation
1)
Information to be developed
Using the information developed in the Phase I survey, a Phase II study
shall be conducted to collect the site-specific information listed below as
needed to augment data collected during the Phase I investigation and to
prepare for the Phase III investigation :
A)
Structural characteristics and distribution of underlying strata
including bedrock ;
B)
Chemical and physical properties including, but not limited to,
lithology, mineralogy, and hydraulic characterisitics of underlying
strata including those below the uppermost aquifer
;
C)
Soil characterisitics, including soil types, distribution, geochemical
and geophysical characteristics ;
D)
The hydraulic conductivities of the uppermost aquifer and all strata
above it;
E)
The vertical extent of the uppermost aquifer ;
F)
The direction and rate of groundwater flow .
2)
Specific Requirements
A)
One boring shall be located as close as feasible to the
topographical high point, and another shall be located as close as
feasible to the topographical low point of the study area.
B)
At least one boring shall be at or near each comer of the site .
Where the property is irregularly shaped the borings shall be
located near the boundary in a pattern and spacing necessary to
obtain data over the entire study area
.
C)
Additional borings may be located at intermediate points at
locations and spacings necessary to establish the continuity of the
stratigraphic units .
D)
Piezometers and groundwater monitoring wells shall be established
to determine the direction and flow characteristics of the
groundwater in all strata and extending down to the bottom of the
uppermost aquifer . Groundwater samples taken from such
monitoring wells shall be used to develop preliminary information
needed for establishing background concentrations in accordance
with subsection (e)(1)(G) .
E)
Other methods may be utilized to confirm or accumulate additional
information . Such methods may be used only as a supplement to,
not in lieu of, site-specific boring information . Other methods
include, but are not limited to, geophysical well logs, geophysical
surveys, aerial photography, age dating, and test pits.
e)
Minimum Standards For A Phase III Investigation
1)
Using the information developed during the Phase I and Phase II
Investigations, the operator shall conduct a Phase III Investigation
. This
investigation shall be conducted to collect or augment the site-specific
information needed to carry out the following :
A)
Verification and reconcilation of the information collected in the
Phase I and II investigations ;
B)
Characterization of potential pathways for contaminant migration ;
C)
Correlation of stratigraphic units between borings ;
D)
Continuity of petrographic features including, but not limited to,
sorting, grain size distribution, cementation and hydraulic
conductivity;
0
E)
Identification of zones of potentially high hydraulic conductivity ;
F)
Identification of the confining layer, if present ;
G)
Concentrations of chemical constituents present in the groundwater
below the unit, down to the bottom of the uppermost aquifer, using
a broad range of chemical analysis and detection procedures such
as, gas chromatographic and mass spectrometric scanning .
However, additional measurements and procedures shall be carried
out to establish background concentrations, in accordance with
Section 811 .320(d), for
:
i)
Any constituent for which there is a public or food
processing-watts sulsply standard at 35 111 . Adm
. Code
?QP-0
0 established by the Board and which is expected to
appear in the leachate ; and
ii)
Any other constituent for which there is no Board-
established standard, but which is expected to appear in the
leachate at concentrations above PQL, as defined in Section
811.319(a)(4)fA) for that constituent
;
H)
Characterization of the seasonal and temporal, naturally and
artifically induced, variations in groundwater quality and
groundwater flow ; and
I)
Identification of unusual or unpredicted geologic features,
including: fault zones, fracture traces, facies changes, solution
channels, buried stream deposits, cross cutting structures and other
geologic features that may affect the ability of the operator to
monitor the groundwater or predict the impact of the disposal
facility on groundwater.
2)
In addition to the specific requirements applicable to phase I and II
investigations, the operator shall collect information needed to meet the
minimum standards of a phase III investigation by using methods that may
include, but not limited to excavation of test pits, additional borings
located at intermediate points between boreholes placed during phase I
and 11 investigations, placement of piezometers and monitoring wells, and
institution of procedures for sampling and analysis
.
The operator may conduct the hydrogeologic investigation in any number of
alternative ways provided that the necessary information is collected in a
systematic sequence consisting of at least three phases that is equal to or superior
to the investigation procedures of this Section .
Section 811
.318
Design, Construction, and Operation of Groundwater
Monitoring Systems
a)
All potential sources of discharges to groundwater within the facility, including,
but not limited to, all waste disposal units and the leachate management system,
shall be identified and studied through a network of monitoring wells operated
during the active life of the unit and for the time after closure specified in
accordance with Section 811 .319. Monitoring wells designed and constructed as
part of the monitoring network shall be maintained along with records that
include, but are not limited to, exact well location, well size, type of well, the
design and construction practice used in its installation and well and screen
depths .
b)
Standards for the Location of Monitoring Points
1)
A network of monitoring points shall be established at sufficient locations
downgradient with respect to groundwater flow and not excluding the
downward direction, to detect any discharge of contaminants from any
part of a potential source of discharge .
2)
Monitoring wells shall be located in strati graphic horizons that could serve
as contaminant migration pathways .
3)
Monitoring wells shall be established as close to the potential source of
discharge as possible without interfering with the waste disposal
operations, and within half the distance from the edge of the potential
source of discharge to the edge of the zone of attenuation downgradient,
with respect to groundwater flow, from the source
.
4)
The network of monitoring points of several potential sources of discharge
within a single facility may be combined into a single monitoring network,
provided that discharges from any part of all potential sources can be
detected .
5)
A minimum of at least one monitoring well shall be established at the edge
of the zone of attenuation and shall be located downgradient with respect
to groundwater flow and not excluding the downward direction, from the
unit. Such well or wells shall be used to monitor any statistically
significant increase in the concentration of any constituent, in accordance
with Section 811 .320(e) and shall be used for determining compliance
with an applicable groundwater quality standard of Section 811
.320. An
observed statistically significant increase above the applicable
groundwater quality standards of Section 811 .320 in a well located at or
beyond the compliance boundary shall constitute a violation .
c)
Maximum Allowable Predicted Concentrations
The operator shall use the same calculation methods, data, and assumptions as
used in the groundwater impact assessment to predict the concentration over time
and space of all constituents chosen to be monitored in accordance with Section
811 .319 at all monitoring points . The predicted values shall be used to establish
the maximum allowable predicted concentrations (MAPC) at each monitoring
point
. The MAPCs calculated in this subsection shall be applicable within the
zone of attenuation .
d)
Standards for Monitoring Well Design and Construction
1)
All monitoring wells shall be cased in a manner that maintains the
integrity of the bore hole
. The casing material shall be inert so as not to
affect the water sample . Casing requiring solvent-cement type couplings
shall not be used .
2)
Wells shall be screened to allow sampling only at the desired interval
.
Annular space between the borehole wall and well screen section shall be
packed with gravel sized to avoid clogging by the material in the zone
being monitored
. The slot size of the screen shall be designed to minimize
clogging. Screens shall be fabricated from material expected to be inert
with respect to the constituents of the groundwater to be sampled
.
3)
Annular space above the well screen section shall be sealed with a
relatively impermeable, expandable material such as a cement/bentonite
grout, which does not react with or in any way affect the sample, in order
to prevent contamination of samples and groundwater and avoid
interconnections The seal shall extend to the highest known seasonal
groundwater level
.
4)
The annular space shall be back-filled with expanding cement grout from
an elevation below the frost line and mounded above the surface and
sloped away from the casing so as to divert surface water away .
5)
The annular space between the upper and lower seals and in the
unsaturated zone may be back-filled with uncontaminated cuttings
.
6)
All wells shall be covered with vented caps and equipped with devices to
protect against tampering and damage.
7)
All wells shall be developed to allow free entry of water, minimize
turbidity of the sample, and minimize clogging .
8)
The transmissivity of the zone surrounding all well screens shall be
established by field testing techniques .
9)
Other sampling methods and well construction techniques may be utilized
if they provide equal or superior performance to the requirements of this
subsection.
e)
Standards for Sample Collection and Analysis
1)
The groundwater monitoring program shall include consistent sampling
and analysis procedures to assure that monitoring results can be relied
upon to provide data representative of groundwater quality in the zone
being monitored.
2)
The operator shall utilize procedures and techniques to insure that
collected samples are representative of the zone being monitored and that
prevent cross contamination of samples from other monitoring wells or
from other samples
. At least 95 percent of a collected sample shall consist
of groundwater from the zone being monitored
.
3)
The operator shall establish a quality assurance program that provides
quantitative detection limits and the degree of error for analysis of each
chemical constituent .
4)
The operator shall establish a sample preservation and shipment procedure
that maintains the reliability of the sample collected for analysis .
5)
The operator shall institute a chain of custody procedure to prevent
tampering and contamination of the collected samples prior to completion
of analysis .
6)
At a minimum, the operator shall sample the following parameters at all
wells at the time of sample collection and immediately before filtering and
preserving samples for shipment :
A)
The elevation of the water table
;
3}._ ._fhe depth
o
f~lx
11 be
~rotnxt;
B
C)
pH
)-The temperature of the sample ; and
ED) Specific Conductance .
7)_Theannualoperator
by is, atmust
wellsmethat
.
.do
the
not
depth
contain
of the
dedicated
well below
pumas-round
. The
on
operatoran
must measure the denth of the well below LrrOUlld evcrv
5 years~or
whenever the pump_is Pulled, in wells_ with
dedicated pumps
.
In addition to the requirements of subsections
(e)(1) through (e)(6), the
following requirements shall apply to MSWLF units :
A)
Each time groundwater is sampled, an owner or operator of a
MSWLF unit shall :
i)
Measure the groundwater elevations in each well
immediately prior to purging ; and
ii)
Determine the rate and direction of ground-water flow .
B)
An owner or operator shall measure groundwater elevations in
wells which monitor the same waste management area within a
period of time short enough to avoid temporal variations in
groundwater flow which could preclude accurate determination of
groundwater flow rate and direction .
BOARD NOTE : Subsection (e)(7)) is derived from 40 CFR
258.53(d) (1992).
(Source : Amended in R93-10 at 18 Ill. Reg
. 1308, effective January 13, 1994)
Section 811 .319
Groundwater Monitoring Programs
a)
Detection Monitoring Program
Any use of the term maximum allowable predicted concentration in this Section is
a reference to Section 811 .318(c). The operator shall implement a detection
monitoring program in accordance with the following requirements
:
1)
Monitoring Schedule and Frequency
A)
The monitoring period shall begin as soon as waste is placed into
the unit of a new landfill or within one year of the effective date of
this Part for an existing landfill . Monitoring shall continue for a
minimum period of fifteen years after closure, or in the case of
MSWLF units, a minimum period of 30 years after closure, except
as otherwise provided by subsection (a)(1)(C) of this Section . The
operator shall sample all monitoring points for all potential sources
of contamination on a quarterly basis except as specified in
subsection (a)(3), for a period of five years from the date of
issuance of the initial permit for significant modification under 35
Ill. Adm
. Code 814
.104 or a permit for a new unit pursuant to 35
Ill . Adm. Code 813 .104. After the initial five-year period, the
sampling frequency for each monitoring point shall be reduced to a
semi-annual basis, provided the operator has submitted the
certification described in 35 Ill . Adm. Code 813.304(b) .
Alternatively, after the initial five-year period, the Agency shall
allow sampling on a semi-annual basis where the operator
demonstrates that monitoring effectiveness has not been
compromised, that sufficient quarterly data has been collected to
characterize groundwater, and that leachate from the monitored
unit does not constitute a threat to groundwater. For the purposes
of this Section, the source shall be considered a threat to
groundwater if the results of the monitoring indicate either that the
concentrations of any of the constituents monitored within the zone
of attenuation is above the maximum allowable predicted
concentration for that constituent or, for existing landfills, subject
to 35 Ill. Adm
. Code 814, Subpart D, that the concentration of any
constituent has exceeded the applicable standard at the compliance
boundary as defined in 35 Ill. Adm. Code 814.402(b)(3)
.
B)
Beginning fifteen years after closure of the unit, or five years after
all other potential sources of discharge no longer constitute a threat
to groundwater, as defined in subsection (a)(1)(A), the monitoring
frequency may change on a well by well basis to an annual
schedule if either of the following conditions exist
. However,
monitoring shall return to a quarterly schedule at any well where a
statistically significant increase is determined to have occurred in
accordance with Section 811 .320(e), in the concentration of any
constituent with respect to the previous sample .
i)
All constituents monitored within the zone of attenuation
have returned to a concentration less than or equal to ten
percent of the maximum allowable predicted concentration ;
or
ii)
All constituents monitored within the zone of attenuation
are less than or equal to their maximum allowable predicted
concentration for eight consecutive quarters .
C)
Monitoring shall be continued for a minimum period of : thirty
years after closure at MSWLF units, except as otherwise provided
by subsections (a)(1)(D)
and (a)(1)(E), below; five years after
closure at landfills, other than MSWLF units, which are used
exclusively for disposing waste generated at the site
; or fifteen
years after closure at all other landfills regulated under this Part .
Monitoring, beyond the minimum period, may be discontinued
under the following conditions :
i)
No statistically significant increase is detected in the
concentration of any constituent above that measured and
recorded during the immediately preceding scheduled
sampling for three consecutive years, after changing to an
annual monitoring frequency ; or
ii)
Immediately after contaminated leachate is no longer
generated by the unit .
D)
The Agency may reduce the groundwater monitoring period at a
MSWLF unit upon a demonstration by the owner or operator that
the reduced period is sufficient to protect human health and
environment.
E)
An owner or operator of a MSWLF unit shall petition the Board
for an adjusted standard in accordance with Section 811 .303, if the
owner or operator seeks a reduction of the postclosure care
monitoring period for all of the following requirements
:
i)
Inspection and maintenance (Section 811
.111) ;
ii)
Leachate collection (Section 811 .309) ;
iii)
Gas monitoring (Section 811 .310); and
iv)
Groundwater monitoring (Section 811 .319) .
BOARD NOTE : Changes to subsections (a)(1)(A) and (a)(1)(C), and subsections
(a)(1)(D) and (a)(1)(E) are derived from 40 CFR 258.61
(1992) .
2)
Criteria for Choosing Constituents to be Monitored
A)
The operator shall monitor each well for constituents that will
provide a means for detecting groundwater contamination .
Constituents shall be chosen for monitoring if they meet the
following requirements :
eF4he44 00"GwounKoWn
thenuiy-otlierw-ist, eause-or
eaw"We to glaWn ate ant mrr
NotenThis
isthemjmmum list for MSWLFs Any facility
accepting more than 50%/ by volume non-mumcinal must
determine additional indicatoriagrainjetersnara
ase _j-Lon
I eachate, characteristic . and waste-content.
B)
One or more indicator constituents, representative of the transport
processes of constituents in the leachate, may be chosen for
i)
The constituent appears in, or is expected to be in, the
leachate ; and
Is
contained
within the following list of consti en
Anjmgnja,~.Ndro,, ea -(dissolved)
Arsenic (dQ ;qlyv0
Boron (dissolved)
cadmium dissolved,
C41oride (dissolved)
Chhromium (dissolved)
CloaxMidem
tots)
Lall
..
Lead (drsso -vcd)
Nitrate (dissolved)
Sid fate (dissolved~Ived
Total -Diss,-o.1yed-Solids-
Zinc (dissolvedI
ii)
The Board has
established kH4
-"b4C-*w
code 30 ke Beam j
monitoring in place of the constituents it represents
. The use of
such indicator constituents must be included in an Agency
approved permit
.
3)
Organic Chemicals Monitoring
The operator shall monitor each existing well that is being used as a part
of the monitoring well network at the facility within one year of the
effective date of this Part, and monitor each new well within the three
months of its establishment. The monitoring required by this subsection
shall be for a broad range of organic chemical contaminants in accordance
with the procedures described below :
A)
The analysis shall be at least as comprehensive and sensitive as the
tests for ;
i)
The 51 organic chemicals in drinking water described at 40
CFR 141 .40 (1988
)
and_
CF_R_258
.
:Apnendix ,.1 (20_0_x),
incorporated by reference at 35 111 . Adm
. Code 810 .104;
and
i4) Any other organic the -ical for which agroundwater
quality standard -or-criterion- has- lieen-a4ot)tLd7-pL+rstiant-4()
Section 11 .1 of the Act or Section 8 ofthe Illinois
xection Act-
Acetone
A r
i 'le
B. .enzen.e
Biomobenzene
Bromochloromethane
Brnmodichl.cromethane
Bromoform: Tribromomethane
n-Butylbenzene
sec-BvlYlbenzene
tort-_Butylbenzene
Carbon disulfide
Carbon tetrachloride
Chlorobcnzenc
Chloroethane
Ch.lnrofonn
; Trichlorometha.ne
o-Chlorotoluene
p-Chlo, r i
Dihromochloromethane
1
2-Dibroma-3-chloropropane
1 2-Dibromo_ethane
1,2 Dichlorobeniene
.3-DichlorobenzenI
.4-DichloI
gichlormt1f] qoronletbme
I
~
1 -Dich-lor
12AT
0.1,1622,001ellilognsdadm
traps-1
20011yonandw
-
12 Dichloropropane
l,3,--,DichlorqprW
2 Z-_Dichtoro )roan
-DJ !)Iq__p_
1,3-Dichloropropen
... .
cis-la-Michlo
Lo-p-roann-9-11--e
tj .
an
chl ronene
Admydbwwa
HeN_aclul-omtmitadiene
2,--HeX4T!QDe ;M- lylbutAketom
Isopropylbenzene
1)ugie
Methyl-Methyl MbEqchlorid--,Qoromethane-
MQtliylene bromide Dibromorefhane
DichlQrome
Methyl ethyl kmU
Methyl iodide Iodomefhane
_p,QWano-----
mg
NaRh---N
Oil and cease hexane _solo >
inPropylbenzeae
4
.. ,one
_ll I 1Tlt=ra
hjoroeth~aiie
I,,1,2,,2--T-etra,chloi-Qeth ,
Tetrahydrofuran
TQluene
Total Phenolic
1.2,33-Trichlorobsumne
Q4.-Irish
ko)itan z as
1, 101
-A chlorodhoane
,11.2-Tac.1ilgroethan-e
Triclilorodiylei.ie
TrichlQrofluoromcthAnq
1,2
1.4Trbnq
3-Tech Lo=r~blben/ejje.(-.)Er=O=P-Ili-lQ
I
,3,5.-Tri methylbenr:ene
Vinyl acetate_
V1nLch_hd_e
Xyleues
B)
At least once every two years, the operator shall monitor each well
in accordance with subsection (a)(43)(A) .
C)
The operator of a MSWLF unit shall monitor each well in
accordance with subsection (a)(13)(A)
on awa semi .-annual basis .
BOARD NOTE : Subsection (a)(3)(C) is derived from 40 CFR
258 .54(b) (1992).
4)
Confirmation of Monitored Increase
A)
The confirmation procedures of this subsection shall be used only
if the concentrations of the constituents monitored can be
measured at or above the practical quantitation limit (PQL) . The
PQL is defined as the lowest concentration that can be reliably
measured within specified limits of precision and accuracy, under
routine laboratory operating conditions . The operator shall
institute the confirmation procedures of subsection
(a)(4)(B) after
notifying the Agency in writing, within ten days, of observed
increases:
i)
The concentration of any inorga~ r ic_.constituent monitored
in accordance with subsection (a)(1) and (a)(2) shows a
progressive increase over k4u+_e_ight consecutive monitoring
events;
ii)
The concentration of any constituent exceeds the maximum
allowable predicted concentration at an established
monitoring point within the zone of attenuation
;
iii)
The concentration of any constituent monitored in
accordance with subsection (a)(3) exceeds the preceding
measured concentration at any established monitoring
point ; and
iv) The concentration of any constituent monitored at or
beyond the zone of attenuation exceeds the applicable
groundwater quality standards of Section 811 .320.
B)
The confirmation procedures shall include the following :
b)
Assessment Monitoring
i)
The operator shall verify any observed increase by taking
additional samples within 4590 days of the initial
observations-amp
event and ensure that the samples and
sampling protocol used will detect any statistically
significant increase in the concentration of the suspect
constituent in accordance with Section 811 .320(e), so as to
confirm the observed increase . The operator shall notify
the Agency of any confirmed increase before the end of the
next business day following the confirmation .
ii)
The operator shall determine the source of any confirmed
increase, which may include, but shall not be limited to,
natural phenomena, sampling or analysis errors, or an
offsite source
.
iii)
The operator shall notify the Agency in writing of any
confirmed increase-and
. The notification must state the
source of the confirmed increase and provide the rationale
used in such a determination
within ton days of the
deter-mi+naaaien . The notification must be s ibmitted to the
Agencpo later than 1-80 daysoftheoruinal sanml
event If the. facility iS .permitteds
by the. Agency, the
notification must he filed for review as tt . sittmficant gait
moc i
:fication pursuant to 35_111. Adm
. Code 813 . S "b -art B .
The operator shall begin an assessment monitoring program in order to confirm
that the solid waste disposal facility is the source of the contamination and to
provide information needed to carry out a groundwater impact assessment in
accordance with subsection (c) . The assessment monitoring program shall be
conducted in accordance with the following requirements :
1)
The assessment monitoring shall be conducted in accordance with this
subsection to collect information to assess the nature and extent of
groundwater contamination . The owner or operator of a MSWLF unit
shall comply with the additional requirements prescribed in subsection
(b)(5)
.
The assessment monitoring shall consist of monitoring of
additional constituents that might indicate the source and extent of
contamination
. In addition, assessment monitoring may include any other
investigative techniques that will assist in determining the source, nature
and extent of the contamination, which may consist of, but need not be
limited to :
A)
More frequent sampling of the wells in which the observation
occurred;
B)
More frequent sampling of any surrounding wells ; and
C)
The placement of additional monitoring wells to determine the
source and extent of the contamination
.
2)
Te.xcgpi as provided forits811 .31_9(a)(4)(B.)(iii),the operator of the
facility for which assessment monitoring is required shall file the plans for
an assessment monitoring program with the Agency
. If the facility is
permitted by the Agency, then the plans shall be filed for review as a
significant permit modification pursuant to 35 Ill . Adm. Code 8 13 .Subpart
B within 180 days o_ftheo_ngmn_ sainlin eventvent.. The assessment
monitoring program shall be implemented within 901 .80 days of
eon( rnial+er-ca~an
e1H4er d +rcreasethe on in al semi )lino event in
accordance with subsection (a)(4)
or, in the case of permitted facilities,
within 941455
. days of Agency approval .
3)
If the analysis of the assessment monitoring data shows that the
concentration of one or more constituents, monitored at or beyond the
zone of attenuation is above the applicable groundwater quality standards
of Section 811 .320 and is attributable to the solid waste disposal facility,
then the operator shall determine the nature and extent of the groundwater
contamination including an assessment of the potential impact on the
groundwater should waste continue to be accepted at the facility and shall
implement the remedial action in accordance with subsection
(d).
4)
If the analysis of the assessment monitoring data shows that the
concentration of one or more constituents is attributable to the solid waste
disposal facility and exceeds the maximum allowable predicted
concentration within the zone of attenuation, then the operator shall
conduct a groundwater impact assessment in accordance with the
requirements of subsection (c).
5)
In addition to the requirements of subsection
(b)(1), to collect information
to assess the nature and extent of groundwater contamination, the
following requirements are applicable to MSWLF units :
A)
The monitoring of additional constituents pursuant to (b)(1)EA)
shall must
include, at a minimum (except as otherwise provided in
subsection (b)(5)(E) of this Section), the constituents listed in 40
CFR 258.Appendix II, incorporated by reference at 35 Ill
. Adm.
Code 810.101 .810.104
and constituents f'o_rr 35 1111Adni
.
. Code
6.20.410,
BOARD NOTE : Subsection (b)(5)(A) is derived from 40 CFR 258 .55(b)
(1992).
B)
Within 14 days of obtaining the results of sampling required under
subsection (b)(5)(A), the owner or operator shall :
Place a notice in the operating record identifying the
constituents that have been detected ; and
ii)
Notify the Agency that such a notice has been placed in the
operating record.
BOARD NOTE : Subsection (b)(5)(B) is derived from 40 CFR
258.55(d)(1) (1992)
.
C)
The owner or operator shall establish background concentrations
for any constituents detected pursuant to subsection (b)(5)(A)
in
accordance with Section 811 .320(e) .
BOARD NOTE : Subsection (b)(5)(C) is derived from 40 CFR
258 .55(d)(3) (1992) .
D)
Within 90 days of the initial monitoring in accordance with
subsection (b)(5)(A),
the owner or operator ;,hullm
.st
monitor for
the
detccted._constituents
listed in 40 CFR 258 .Appendix lUn..35
Ill. Adm. :o e 620 .410 on a semiannual basis during the
assessment monitoring ; The_operator must monitor all the
constituents listed in 40 CFR 258 Agpcndix 11
and
35 111. Adm.
CC ode 620 .410 on an annual basisduring assessment monitoring .
BOARD NOTE : Subsection (b)(5)(D) is derived from 40 CFR
258 .55(d)(2) (1992) .
E)
The owner or operator may request the Agency to delete any of the
40 CFR 258.Appendix II and35 111.
Adm.-Code620.410
constituents by demonstrating to the Agency that the deleted
constituents are not reasonably expected to be in or derived from
the waste contained in the leachate
.
BOARD NOTE : Subsection (b)(5)(E) is derived from 40 CFR 258 .55(b)
(1992) .
F)
Within 14 days of finding an exceedance above the applicable
groundwater quality standards in accordance with subsection
(b)(3),
the owner or operator shall :
i)
Place a notice in the operating record that identifies the
constituents monitored under subsection (b)(1)(D) that have
exceeded the groundwater quality standard ;
ii) Notify the Agency and the appropriate officials of the local
municipality or county within whose boundaries the site is
located that such a notice has been placed in the operating
record
; and
iii)
Notify all persons who own land or reside on land that
directly overlies any part of the plume of contamination if
contaminants have migrated off-site .
BOARD NOTE : Subsection (b)(5)(F)
is derived from 40 CFR
258
.55(g)(l)(i) through (iii) (1992).
G)
If the concentrations of all 40 CFR 258 .Appendix II and 35 l ll.,
Aden
. Code 620 .410 constituents are shown to be at or below
background values, using the statistical procedures in Section
811 .320(e), for two consecutive sampling events, the owner or
operator shall notify the Agency of this finding and may stop
monitoring the 40 CFR 258
.Appendix ILand 35 III . Adm._ ..ode
.41025 .
constituents .
BOARD NOTE
: Subsection
(b)(5)(G)
is derived from 40 CFR
258 .55(e) (1992).
c)
Assessment of Potential Groundwater Impact . An operator required to conduct a
groundwater impact assessment in accordance with subsection (b)(4) shall assess
the potential impacts outside the zone of attenuation that may result from
confirmed increases above the maximum allowable predicted concentration
within the zone of attenuation, attributable to the facility, in order to determine if
there is need for remedial action . In addition to the requirements of Section
811 .317, the following shall apply:
1)
The operator shall utilize any new information developed since the initial
assessment and information from the detection and assessment monitoring
programs and such information may be used for the recalibration of the
GCT model; and
2)
The operator shall submit the groundwater impact assessment and any
proposed remedial action plans determined necessary pursuant to
subsection (d) to the Agency within 180 days of the start of the assessment
monitoring program .
d)
Remedial Action . The owner or operator of a MSWLF unit shall conduct
corrective action in accordance with Sections 811 .324, 811
.325, and 81 1 .326 . The
owner or operator of a landfill facility, other than a MSWLF unit, shall conduct
remedial action in accordance with this subsection .
1)
The operator shall submit plans for the remedial action to the Agency
.
Such plans and all supporting information including data collected during
the assessment monitoring shall be submitted within 90 days of
determination of either of the following
:
A)
Tthe groundwater impact assessment, performed in accordance
with subsection (c), indicates that remedial action is needed
; or
B) Any confirmed increase above the applicable groundwater quality
standards of Section 811 .320 is determined to be attributable to the
solid waste disposal facility in accordance with subsection
(b) .
2)
If the facility has been issued a permit by the Agency, then the operator
shall submit this information as an application for significant modification
to the permit;
3)
The operator shall implement the plan for remedial action program within
90 days of the following :
A)
Completion of the groundwater impact assessment that requires
remedial action ;
B)
Establishing that a violation of an applicable groundwater quality
standard of Section 811 .320 is attributable to the solid waste
disposal facility in accordance with subsection (b)(3) ; or
C)
Agency approval of the remedial action plan, where the facility has
been permitted by the Agency .
4)
The remedial action program shall consist of one or a combination of one
of more of the following solutions :
A)
Retrofit additional groundwater protective measures within the
unit;
B)
Construct an additional hydraulic barrier, such as a cutoff wall or
slurry wall system
C)
Pump and treat the contaminated groundwater
; or
D)
Any other equivalent technique which will prevent further
contamination of groundwater.
5)
Termination of the Remedial Action Program
A)
The remedial action program shall continue in accordance with the
plan until monitoring shows that the concentrations of all
monitored constituents are below the maximum allowable
predicted concentration within the zone of attenuation, below the
applicable groundwater quality standards of Section
811 .320 at or
beyond the zone of attenuation, over a period of four consecutive
quarters no longer exist .
B)
The operator shall submit to the Agency all information collected
under subsection (d)(5)(A) . If the facility is permitted then the
operator shall submit this information as a significant modification
of the permit.
(Source: Amended at 22 Ill . Reg.
11491, effective June 23, 1998)
Section 811 .320
Groundwater Quality Standards
a)
Applicable Groundwater Quality Standards
1)
Groundwater quality shall be maintained at each constituent's background
concentration, at or beyond the zone of attenuation . The applicable
groundwater quality standard established for any constituent shall be :
A)
The background concentration
; or
B)
The Board established standard adjusted by the Board in
accordance with the justification procedure of subsection (b) .
2)
Any statistically significant increase above an applicable groundwater
quality standard established pursuant to subsection (a) that is attributable
to the facility and which occurs at or beyond the zone of attenuation
within 100 years after closure of the last unit accepting waste within such
a facility shall constitute a violation .
3)
For the purposes of this Part :
A)
"Background concentration" means that concentration of a
constituent that is established as the background in accordance
with subsection (d); and
B)
"Board established standard" is the concentration of a constituent
adopted by the Board as a stan d ard for public and lbod proceecinc
watersupplies under '5 Ill. Adm. Code 302 or as a groundwater
quality standard adopted by the Board pursuant to Section 14 .4 of
the Act or Section 8 of the Illinois Groundwater Protection Act;
whichever is lower .
b)
Justification for Adjusted Groundwater Quality Standards
1)
An operator may petition the Board for an adjusted groundwater quality
standard in accordance with the procedures specified in Section 28 .1 of the
Act and 35 Ill . Adm. Code 106 .410 through 106 .416 .
2)
For groundwater which contains naturally occurring constituents which
meet the_applicab .le requirements of 35 Ill. Adm. Code
and _402-345 620 .410
.420,O620
620.430
oi62( 44 the Board will specify
adjusted groundwater quality standards no greater than those of 35 Ill .
Adm. Code 302 .341, 302 .304, and 302:405.620,410,,620.,420, 620 .430 or
620 .440, respectively, upon a demonstration by the operator that :
A)
The change in standards will not interfere with, or become
injurious to, any present or potential beneficial uses for such water;
B)
The change in standards is necessary for economic or social
development, by providing information including, but not limited
to, the impacts of the standards on the regional economy, social
disbenefits such as loss of jobs or closing of landfills, and
economic analysis contrasting the health and environmental
benefits with costs likely to be incurred in meeting the standards.
C)
All technically feasible and economically reasonable methods are
being used to prevent the degradation of the groundwater quality .
3)
Notwithstanding subsection (b)(2), in no case shall the Board specify
adjusted groundwater quality standards for a MSWLF unit greater than the
levels set forth below :
Chemical
Concentration (mg/l
4)
For groundwater which contains naturally occurring constituents which do
not meet the standards of 35 Ill . Adm. Code 302.301, 302 .301, and
Arsenic
0 .05
Barium
1 .0
Benzene
0 .005
Cadmium
0 .01
Carbon tetrachloride
0 .005
Chromium (hexavalent)
0 .05
2,4-Dichlorophenoxy acetic acid
0
.1
1,4-Dichlorobenzene
0 .075
1,2-Dichloroethane
0 .005
1,1-Dichloroethylene
0 .007
Endrin
0 .0002
Fluoride
4
Lindane
0.004
Lead
0.05
Mercury
0.002
Methoxychlor
0.1
Nitrate
10
Selenium
0.01
Silver
0.05
Toxaphene
0.005
1,1,1-Trichloromethane
0.2
Trichloroethylene
0.005
2,4,5-Trichlorophenoxy acetic acid
0.01
Vinyl Chloride
0.002
302 .3(}3 5,20.4106-20..42(>,
. .020.410
or:G20.44Q, the Board will specify
adjusted groundwater quality standards, upon a demonstration by the
operator that:
A)
The groundwater does not presently serve as a source of drinking
water
B)
The change in standards will not interfere with, or become
injurious to, any present or potential beneficial uses for such
waters ;
C)
The change in standards is necessary for economic or social
development, by providing information including, but not limited
to, the impacts of the standards on the regional economy, social
disbenefits such as loss of jobs or closing of landfills, and
economic analysis contrasting the health and environmental
benefits with costs likely to be incurred in meeting the standards ;
and
D)
The groundwater cannot presently, and will not in the future, serve
as a source of drinking water because
:
i)
It is impossible to remove water in usable quantities ;
ii)
The groundwater is situated at a depth or location such that
recovery of water for drinking purposes is not
technologically feasible or economically reasonable ;
iii)
The groundwater is so contaminated that it would be
economically or technologically impractical to render that
water fit for human consumption ;
iv)
The total dissolved solids content of the groundwater is
more than 3,000 mg/I and that water will not be used to
serve a public water supply system ; or
v)
The total dissolved solids content of the groundwater
exceeds 10,000 mg/1 .
c)
Determination of the Zone of Attenuation
1)
The zone of attenuation, within which concentrations of constituents in
leachate discharged from the unit may exceed the applicable groundwater
quality standard of this Section, is a volume bounded by a vertical plane at
the property boundary or 100 feet from the edge of the unit, whichever is
less, extending from the ground surface to the bottom of the uppermost
aquifer and excluding the volume occupied by the waste
.
2)
Zones of attenuation shall not extend to the annual high water mark of
navigable surface waters
.
3)
Overlapping zones of attenuation from units within a single facility may
be combined into a single zone for the purposes of establishing a
monitoring network
.
d)
Establishment of Background Concentrations
1)
The initial monitoring to determine background concentrations shall
commence during the hydrogeological assessment required by Section
811 .315
. The background concentrations for those parameters identified
in Sections 811
.315(e)(1)(G) and 811
.319(a)(2) and(a)(3) shall be
established based on
consecutive_
quarterly sampling of wells for a
minir_mim of
one year, monitored in accordance with the requirements of
subsections (d)(2), (d)(3) and
(d)(4),which. in,
ring tae
operatientf-a Gael-lity
Non-consecutive data may be considered by the
beA
eicy,
demonstrated
ifoilone
that
data
the remalppaint
from.m
date
a quarterlyset
is ievent
epreaenlatiis
missing,
.y e of
an_d itcan
consecutive data in terms of
any seasonal or
tcmpoi al variation . Statistical
tests and procedures shall be employed, in accordance with subsection
(e),
depending on the number, type and frequency of samples collected from
the wells, to establish the background concentrations
.
21,-.Adjustments
to the background concentrations shall be made
enly-if
changes in the concentrations of constituents observed in
upgi adicntbackground
wells over time are determined, in accordance with
orsubsectionspati
a varra(e),
to
r rtvorbe
statistically
due
to an off-site
significant-source„not
, and dueassociated
to_tratural
with
te nipoithe ;a_l
landfill or the landfill activities
Suchh adjustments maybe
conducted no
more frequently than once eygrvtw-
.0-years, during the operation ofa
todatafinal
athe
iht
mayrule
ybash
anbe dunless
modifiedroupdused
regwred
for
.COncentratansubiectadiustmeniby
thetoonAeenCYapprovalshall
upon
not__
.
b
Agency
hethe
ini.tiAQene.atedanrovaL
pno_rNon-consecutivetoAdjustments2yearsafter
3J_ _Background
concentrations determined in accordance with this subsection
shall be used for the purposes of establishing groundwater quality
standards, in accordance with subsection
(a). The operator shall prepare a
list of the background concentrations established in accordance with this
subsection
. The operator shall maintain such a list at the facility, shall
submit a copy of the list to the Agency for establishing standards in
accordance with subsection (a),
and shall provide updates to the list within
ten days of any change to the list .
34)
A network of monitoring wells shall be established upgradient from the
unit, with respect to groundwater flow, in accordance with the following
standards, in order to determine the background concentrations of
constituents in the groundwater :
A)
The wells shall be located at such a distance that discharges of
contaminants from the unit will not be detectable
;
B)
The wells shall be sampled at the same frequency
as other
monitoring points to provide continuous background concentration
data, throughout the monitoring period
; and
C)
The wells shall be located at several depths to provide data on the
spatial variability.
35)
A determination of background concentrations may include the sampling
of wells that are not hydraulically upgradient of the waste unit where
:
A)
Hydrogeologic conditions do not allow the owner or operator to
determine what wells are hydraulically upgradient of the waste
;
and
B)
Sampling at other wells will provide an indication of background
concentrations that is representative of that which would have been
provided by upgradient wells
.
46)
If background concentrations cannot be determined on site, then
alternative background concentrations may be determined from actual
monitoring data from the aquifer of concern, which includes, but is not
limited to, data from another landfill site that overlies the same aquifer
.
e)
Statistical Analysis of Groundwater Monitoring Data
1)
Statistical tests shall be used to analyze groundwater monitoring data
.
One or more of the normal theory statistical tests listed irrsubseetkm4e}(
! 1
shall be chosen first for analyzing the data set or transformations of the
data set
. Where such normal theory tests are demonstrated to be
inappropriate,
subsection
sub:
;eettons(e (c)(1)(04_)tests
orshall
listed
(e)(5),be
in
usedtheT,subsection
.
.,1,eAnylevel
s(e)(5)-€r-a-tecttatof
isticasignificance
ltestchinosen(Type
aeeerd-anee-w+NhfromI
error
level) shall be no less than 0.01,
for individual well comparisons, and no
less than 0
.05, for multiple well comparisons
. The statistical analysis shall
include, but not be limited to, the accounting of data below the detection
limit of the analytical method used, the establishment of background
concentrations and the determination of whether statistically significant
changes have occurred in :
A)
The concentration of any chemical constituent with respect to the
background concentration or maximum allowable predicted
concentration; and
B)
The established background concentration of any chemical
constituents over time .
The statistical test or tests used shall be based upon the sampling and
collection protocol of Sections 811 .318 and 811 .319.
3)
Monitored data that are below the level of detection shall be reported as
not detected (ND) . The level of detection for each constituent shall be the
iminimmmpractical quantitation limit (PQL); and shall be the lowest
concentration of that consti tuent which c ,
d-iepeAe wig
99-percent con e.
;-at the tru' val uo is greater than zero, w hich-ts
defamed as the m t ie4 detection lira+t (MIa#-T)that is protective of hum'rn
health andthee_nviroument,andcan beachieved within spciuied limns of
pr.ision_and accutac y Burin gg rroutine.laboratory
.opcralrconditions .
In
no case. shall the
- -POL t becstabished
above
-- the
l-
..
evel that-the
Board _. .
has
...
established for a groundwater quality standard under the Illinois
Groundwater Pmlection Acl . . .[415 1LCS.5. .5.1. The following procedures
shall be used to analyze such data, unless an alternative procedure in
accordance with subsection (e)(44_), is shown to be applicable :
A)
Where the percentage of nondetects in the data base used is less
than 15 percent, the operator shall replace NDs with the MDLP_QL
divided by two, then proceed with the use of one or more of the
Normal Theory statistical tests lists d in--s •ubseetio}r( )(4
};
B)
Where the percentage of nondetects in the data base
or
data
traps-rrnations used is between 15 and 50 percent, and the data
are normally distributed, the operator shall use Cohen's
or
A:achii scn's-adjustment to the sample mean and standarddeviation,
followed by ene-er more n.4 phe_tcst -listed-in.-subsection-(e)(4}E(-'}
However, where data are not no
lly distributed, the o perator
shall use an applicable nonparama4c t c:A-fretr
(e)f5);at)plicablestatistical_procedure,
:
C)
Where the percentage of nondetects in the database used is above
50 percent, then the owner or operator shall use the--test-of
proportions listed i-nanalternative procedw'c
._i_n_-c_c__o_rdance with
subsection (e)(4) .
¢) Norti tl-theor-y-statistical-test
A) Student t test
including, but-not limited tee,--Geehrnn':r
ApprexirnetiErrtcrfhc-F hren
(GA-TIF)-t-test- and- Averaged
Replicate (AR) t testt
p) -_.
_-garansetrie.-analysi&-of-val+arise--(ANQV-A-)-feflawe
#by_eiie r
more of th
ced ures i
ncau
diu.-,
but
not
lieitod
to, Fisher's Laist Significant Differ-enco (LSD), Student
Mc vnran-l ue •-proe•edure
-F3uneata s-New-- ?-a}t+ple-Range-=Fest-and
E ) ----L'Errkot (- 4aar s;-@re<hct4en lsttervals and-Tolerance-lotervids,-for
-peciled by the Agency in
accordane€
Nonparametric statistical tests ill incl udes-Mann Whitney U test,
I4rus kal Wallis test, a nonparam
(-ANOVA+-1ev-rntkiplee-eempar-isons-er-lhe
tent.
6) An -or any other statistical test t aced en the d+striki tt oia of the
;amphng data may be used , if it is demonstrated to meet the
requirements of 35 Ill
. Adm. Code 724 .197(i) .
BOARD NOTE
: Subsection (b)(3) is derived from 40 CFR 258 .40 Table 1 .
(1992) .
(Source : Amended in R93-10 at 18 111
. Reg. 1308, effective January 13, 1994)
