3

Council of Engineering Companies of Illinois (PC 3). The fourth comment was filed by the City

of Chicago (PC 4). The sixth was filed by Vulcan Materials Company (VMC) (PC 6), the

seventh by the Agency (PC 7), and the eighth by Land Reclamation Services, Inc. (LRS) (PC 8).

The Office of the Attorney General on behalf of the People of the State of Illinois (People) filed

the ninth public comment (PC 9). At the second hearing, the Illinois Department of Natural

Resources gave an oral public comment. Tr.2 at 33-34.

The IAAP filed a second public comment on June 27, 2006 (PC 10). Land and Lakes

Company (L&LC) filed the eleventh public comment on June 29, 2006 (PC 11). JCAR

considered the rule at the August 8, 2006 JCAR meeting, and subsequently issued a certification

of no objection to the rule.

SUMMARY OF FIRST-NOTICE PROPOSAL

The Board’s first notice opinion and order incorporated five errata sheets filed by the

Agency reflecting issues raised at hearing and in public comments filed prior to first notice.

The proposed new Part 1100 establishes a permit program for the use of CCDD in former

quarries, mines, or other excavations. Subpart A establishes the scope of the regulation, provides

definitions, and clarifies its applicability. Subpart B sets forth the standards applicable to the

operation of CCDD facilities, CCDD load inspections, closure and postclosure, including

recordkeeping requirements, and annual reports. Subpart C identifies what information an

applicant must include in the permit application. How an application must be filed with the

Agency, deadlines, standards for issuance, and permit terms are discussed in Subpart D.

DISCUSSION OF SECOND-NOTICE PROPOSAL AND ADOPTED AMENDMENTS

The Board notes that several post first-notice public comments mistook CCDD with a

broader category of materials known generally as construction and demolition (C&D) debris.

C&D debris sites, known in Illinois as inert waste landfills, are allowed to accept a much broader

range of demolition debris including wood, roofing material, cardboard, and wall board. All of

these items are excluded from the definition of CCDD. At second notice, the Board emphasized

the difference between the two terms and that the proposed rules govern only the use of CCDD.

For this reason, when reviewing the People’s post-first notice public comment, the Board

declined to adopt those of the People’s suggestions that were based on the use of C&D rather

than CCDD. At second notice, the Board did, however, change the rule language to incorporate

one of the suggestions made by the People. The Board added a new Section 1100.303(b)(5) to

require signatures on permit applications on behalf of LLCs. The Board added signatories for

LLCs to the list of duly authorized agents of the owner or operator. The Board also made the

changes suggested by the Agency in its post-hearing comments and non-substantive technical

changes.

Many of the public comments submitted post-first notice also raised the issue of whether

“uncontaminated” should be a defined term, and also discussed the meaning of “clean fill.” The

Board clarified that under the Act, CCDD is a waste. The only exceptions depend on the manner

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4

in which CCDD is used. 415 ILCS 5/3.160(b) (2004). One of the exceptions allows CCDD to

be used as fill material in a current or former quarry, mine, or other excavation. Anytime CCDD

includes material not within the Act’s definition, or regulated substances exceeding background

levels, however, the material cannot be used as fill in a quarry, mine or other excavation, but

instead must be managed in accordance with solid or hazardous waste regulations.

At final adoption, the Board makes only changes received from JCAR, all of which are

grammatical and non-substantive and, therefore, require no discussion. As described in more

detail below, the proposed new Part 1100 contains Subparts A through D.

Subpart A

Subpart A contains general provisions including scope and applicability, severability,

definitions, and incorporations by reference. CCDD fill operations at facilities that are permitted

as a landfill under Sections 35 Ill. Adm. Code 807, or 811 through 814 (municipal, chemical, or

putrescible waste landfills) are exempt from the proposed Part 1100 CCDD permitting rules

because the landfill permitting rules are more protective.

See

Tr.1 at 30-31. Accordingly, those

facilities are allowed to accept CCDD.

Subpart B

Subpart B contains the standards that apply to the operation, closure, and post-closure of

a permitted CCDD facility. Subpart B also establishes procedures for load-checking of CCDD to

determine compliance applicable to both the Agency and the facility’s designated inspector.

Subpart C

Information that must be included in CCDD permit applications is found in Subpart C.

These informational requirements generally parallel existing Board regulations relating to land

permits. Munie Prefiled Test. at 4-5. The Agency included a provision in Subpart C that

requires notice of the application be sent to the “State’s Attorney and the Chairman of the

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

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

municipality located within three miles of the facility.” Proposed 35 Ill. Adm. Code 1100.302.

Subpart D

The procedural rules that both the Agency and applicant must follow for permitting are

contained in Subpart D. Subpart D contains standards for approval and denial and provides the

Agency’s deadlines for review of permit applications. The Agency must make a final decision

on an application within 90 days of receiving the application or the permit is deemed issued.

Permits issued under Part 1100 will have a term of 10 years.

Technical Feasibility and Economic Reasonableness

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5

The Board requested the Department of Commerce and Economic Opportunity (DCEO)

to conduct an economic impact study (EcIS) on this proposed rule, but DCEO responded by a

letter dated January 31, 2006 that it had decided not to conduct an EcIS.

The Board received no testimony or comments regarding the DCEO’s decision not to

perform an EcIS. At first and second notice, the Board found the proposed amendments

technically feasible and economically reasonable for both the permit applicant as well as the

State. No new evidence has been added into the record. Again, the Board also finds that the

proposed exemptions will not negatively impact the environment. Rather, the CCDD permit

program will benefit the environment by allowing CCDD that is currently disposed of in

municipal, chemical and putrescible waste landfills to be used as clean fill in quarries, mines, or

other excavations, saving both space in these landfills as well as natural resources.

CONCLUSION

The Board adopts the proposed new Part 1100 for final notice. The proposal establishes

a permit program for the use of CCDD in former quarries, mines, or other excavations. The

Board finds the proposal adopted today is economically reasonable and technically feasible. The

Board adopts this proposal for final notice pursuant to the IAPA 95 ILCS 100/5-5

et seq

. (2004).

ORDER

The Board directs the Clerk to cause the filing of the following rule with the Secretary of

State for publication as an adopted rule in the

Illinois Register

:

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE J: CLEAN CONSTRUCTION OR DEMOLITION DEBRIS

CHAPTER I: POLLUTION CONTROL BOARD

PART 1100

CLEAN CONSTRUCTION OR DEMOLITION DEBRIS FILL OPERATIONS

SUBPART A: GENERAL

Section

1100.101

Scope and Applicability

1100.102

Severability

1100.103

Definitions

1100.104

Incorporations by Reference

SUBPART B: STANDARDS

Section

1100.201

Prohibitions

1100.202

Surface Water Drainage

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6

1100.203

Annual Facility Map

1100.204

Operating Standards

1100.205

Load Checking

1100.206

Salvaging

1100.207

Boundary Control

1100.208

Closure

1100.209

Postclosure Maintenance

1100.210

Recordkeeping Requirements

1100.211

Annual Reports

SUBPART C: PERMIT INFORMATION

Section

1100.301

Scope and Applicability

1100.302

Notification

1100.303

Required Signatures

1100.304

Site Location Map

1100.305

Facility Plan Maps

1100.306

Narrative Description of the Facility

1100.307

Proof of Property Ownership and Certifications

1100.308

Surface Water Control

1100.309

Closure Plan

1100.310

Postclosure Maintenance Plan

SUBPART D: PROCEDURAL REQUIREMENTS FOR PERMITTING

Section

1100.401

Purpose of Subpart

1100.402

Delivery of Permit Application

1100.403

Agency Decision Deadlines

1100.404

Standards for Issuance of a Permit

1100.405

Standards for Denial of a Permit

1100.406

Permit Appeals

1100.407

Permit No Defense

1100.408

Term of Permit

1100.409

Transfer of Permits

1100.410

Procedures for the Modification of Permits

1100.411

Procedures for the Renewal of Permits

1100.412

Procedures for Closure and Postclosure Maintenance

AUTHORITY: Implementing Sections 5 and 22.51 and authorized by Section 22.51 and 27 of

the Environmental Protection Act [415 ILCS 5/5, 22.51, and 27].

SOURCE: Adopted in R06-19 at 30 Ill. Reg.________, effective______________.

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7

SUBPART A: GENERAL

Section 1100.101

Scope and Applicability

a)

This Part applies to all clean construction or demolition debris (CCDD) fill

operations that are required to be permitted pursuant to Section 22.51 of the Act,

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

811 through 814.

b)

This Part does not apply to:

1)

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

quarry, mine, or other excavation;

2)

The use of

CCDD

as fill material in a current or former quarry, mine, or

other excavation located on the site where the

CCDD

was generated

[415

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

3)

The use of

CCDD

as fill material in an excavation other than a current or

former quarry or mine if

the

use complies with Illinois Department of

Transportation specifications

[415 ILCS 5/22.51(b)(4)(B)];

BOARD NOTE: The Illinois Department of Transportation (IDOT)

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

Articles 107.22 and 202.03 of IDOT’s “Standard Specifications for Road

and Bridge Construction.” According to IDOT specifications, this

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

4)

Current or former quarries, mines, and other excavations that do not use

clean construction or demolition debris as fill material

[415 ILCS

5/22.51(b)(4)(C)];

5)

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

A)

CCDD that is considered “waste” under the Act or rules adopted

pursuant to the Act; or

B)

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

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

6)

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

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8

Section 1100.102

Severability

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

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

portion not adjudged invalid.

Section 1100.103

Definitions

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

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

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

“10-year, 24-hour precipitation event” means a precipitation event of 24-hour

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

“100-year, 24-hour precipitation event” means a precipitation event of 24-hour

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

“Act” means the Environmental Protection Act [415 ILCS 5].

“Agency” is the

Illinois

Environmental Protection Agency established by

the

Act.

[415 ILCS 5/3.105]

“Applicant” means the person submitting an application to the Agency for a

permit for a CCDD fill operation.

“Board” is the Pollution Control Board established by

the

Act.

[415 ILCS

5/3.105]

“CCDD” means clean construction or demolition debris.

“CCDD fill operation” means the use of CCDD as fill material in a current or

former quarry, mine, or other excavation. For purposes of this Part, the term

“other excavation” does not include holes, trenches, or similar earth removal

created as part of normal construction, removal, or maintenance of a structure,

utility, or transportation infrastructure.

“Clean construction or demolition debris" means uncontaminated broken

concrete without protruding metal bars, bricks, rock, stone, reclaimed asphalt

pavement, or soil generated from construction or demolition activities.

Clean construction or demolition debris does not include uncontaminated soil

generated during construction, remodeling, repair, and demolition of utilities,

structures, and roads provided the uncontaminated soil is not commingled with

any clean construction or demolition debris or other waste.

For purposes of this

Part, uncontaminated soil may include incidental amounts of stone, clay, rock,

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9

sand, gravel, roots, and other vegetation.

To the extent allowed by federal law, clean construction or demolition debris

shall not be considered "waste" if it is

:

used as fill material outside of a setback zone if the fill is placed no higher

than the highest point of elevation existing prior to the filling immediately

adjacent to the fill area, and if covered by sufficient uncontaminated soil

to support vegetation within 30 days of the completion of filling or if

covered by a road or structure, or

separated or processed and returned to the economic mainstream in the

form of raw materials or products, if it is not speculatively accumulated

and, if used as a fill material, it is used in accordance with item (i) within

30 days of its generation, or

solely broken concrete without protruding metal bars used for erosion

control, or

generated from the construction or demolition of a building, road, or

other structure and used to construct, on the site where the construction

or demolition has taken place, a manmade functional structure not to

exceed 20 feet above the highest point of elevation of the property

immediately adjacent to the new manmade functional structure as that

elevation existed prior to the creation of that new structure, provided that

the structure shall be covered with sufficient soil materials to sustain

vegetation or by a road or structure, and further provided that no such

structure shall be constructed within a home rule municipality with a

population over 500,000 without the consent of the municipality.

[415

ILCS 5/3.160(b)]

“Documentation” means items, in any tangible form, whether directly legible or

legible with the aid of any machine or device, including but not limited to

affidavits, certificates, deeds, leases, contracts or other binding agreements,

licenses, permits, photographs, audio or video recordings, maps, geographic

surveys, chemical and mathematical formulas or equations, mathematical and

statistical calculations and assumptions, research papers, technical reports,

technical designs and design drawings, stocks, bonds, and financial records, that

are used to support facts or hypotheses.

“Facility” means the areas of a site and all equipment and fixtures on a site used

for a CCDD fill operation. A facility consists of an entire CCDD fill operation.

All structures used in connection with or to facilitate the CCDD fill operation will

be considered a part of the facility.

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10

“Filled area” means areas within a unit where CCDD has been placed as fill

material.

“Malodor” means an odor caused by

one or more contaminant emissions into the

atmosphere from a facility that is in sufficient quantities and of such

characteristics and duration as to be

described as malodorous and which may be

injurious to human, plant, or animal life, to health, or to property, or may

unreasonably interfere with the enjoyment of life or property

. [415 ILCS 5/3.115]

“National Pollutant Discharge Elimination System” or “NPDES” means the

program for issuing, modifying, revoking and reissuing, terminating, monitoring,

and enforcing permits and imposing and enforcing pretreatment requirements

under the Clean Water Act (33 USC 1251 et seq.), Section 12(f) of the Act,

Subpart A of 35 Ill. Adm. Code 309, and 35 Ill. Adm. Code 310.

“NPDES permit” means a permit issued under the NPDES program.

“Operator” means a person responsible for the operation and maintenance of a

CCDD fill operation.

[415 ILCS 5/22.51(e)(1)]

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

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

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

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

who is operating and maintaining a CCDD fill operation.

[415 ILCS

5/22.51(e)(2)]

“Person” is any individual, partnership, co-partnership, firm, company,

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

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

assigns

. [415 ILCS 5/3.115]

“Professional engineer” means a person who has registered and obtained a seal

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

“Runoff” means water resulting from precipitation that flows overland before it

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

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

falls directly into a stream channel.

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

fill operation.

“Setback zone” means a geographic area, designated pursuant to

the

Act,

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

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11

having a continuous boundary, and within which certain prohibitions or

regulations are applicable in order to protect groundwaters.

[415 ILCS 5/3.450]

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

placement of CCDD as fill material.

“Working face” means any part of a unit where CCDD is being placed as fill.

Section 1100.104

Incorporations by Reference

a)

The Board incorporates the following material by reference:

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

3238:

Test Methods for Evaluating Solid Waste, Physical/Chemical

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

amended by Updates I, II, IIA, IIB, III, IIIA and IIIB).

b)

This incorporation includes no later amendments or editions.

SUBPART B: STANDARDS

Section 1100.201

Prohibitions

a)

No person shall conduct any

CCDD

fill operation in violation of

the

Act or any

regulations or standards adopted by the Board.

[415 ILCS 5/22.51(a)].

b)

CCDD fill operations must not accept waste for use as fill.

c)

CCDD fill operations must not be located inside a setback zone of a potable water

supply well. (See Section 3.160(b)(i) of the Act.)

Section 1100.202

Surface Water Drainage

a)

Runoff from Filled Areas

1)

All discharges of runoff from filled areas to waters of the State must be

permitted by the Agency to the extent required under 35 Ill. Adm. Code

309.

2)

All surface water control structures must be operated until the final cover

is placed and the vegetative or other cover meeting the requirements of

Section 1100.208 of this Part provides erosional stability.

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12

b)

Diversion of Runoff from Unfilled Areas

1)

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

greatest extent practical.

2)

Diversion facilities must be constructed to prevent runoff from the 10-

year, 24-hour precipitation event from entering filled areas.

3)

Runoff from unfilled areas which becomes commingled with runoff from

filled areas must be handled as runoff from filled areas in accordance with

subsection (a) of this Section.

4)

All diversion structures must be designed to have flow velocities that will

not cause erosion and scouring of the natural or constructed lining (i.e.,

the bottom and sides) of the diversion channel and downstream channels.

5)

All diversion structures must be operated until the final cover is placed

and the vegetative or other cover meeting the requirements of Section

1100.208 of this Part provides erosional stability.

Section 1100.203

Annual Facility Map

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

the date specified in the Agency permit. The map must have a scale no smaller than one inch

equals 200 feet, show the horizontal extent of filled areas as of the date of the map, and show the

same information as required for facility plan maps under Sections 1100.305(a) through (d) of

this Part.

Section 1100.204

Operating Standards

a)

Placement of Fill Material

Fill material must be placed in a safe manner that protects human health and the

environment in conformance with the provisions of the Act and the regulations

adopted under the Act.

b)

Size and Slope of Working Face

The working face of the fill operation must be no larger than is necessary, based

on the terrain and equipment used in material placement, to conduct operations in

a safe and efficient manner in conformance with the provisions of the Act and the

regulations adopted under the Act.

c)

Equipment

Equipment must be maintained and available for use at the facility during all

hours of operation, so as to achieve and maintain compliance with the

requirements of this Part.

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13

d)

Utilities

All utilities, including but not limited to heat, lights, power, and communications

equipment, necessary for safe operation in compliance with the requirements of

this Part must be available at the facility at all times.

e)

Maintenance

The owner or operator must maintain and operate all systems and related

appurtenances and structures in a manner that facilitates proper operations in

compliance with this Part.

f)

Dust Control

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

minimize off-site wind dispersal of particulate matter.

g)

Noise Control

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

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

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

h)

Fill Elevation

The owner or operator must not place CCDD used as fill

higher than the highest

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

[415 ILCS 5/3.160(b)]

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

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

in accordance with the Act and regulations adopted thereunder to increase

elevations at the fill site.

i)

Mud Tracking

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

hauling vehicles onto public roadways.

Section 1100.205

Load Checking

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

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

consist of the following components:

a)

Routine Inspections

1)

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

acceptance at the facility utilizing an elevated structure, a designated

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

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

use an instrument with a photo ionization detector utilizing a lamp of 10.6

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14

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

monitoring devices approved by the Agency, to inspect each load. All

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

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

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

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

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

the inspected load.

2)

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

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

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

b)

Random Inspections

1)

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

an inspector designated by the facility must conduct a discharge inspection

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

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

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

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

not limited to, additional visual inspection and additional instrument

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

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

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

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

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

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

rejection of the inspected load.

2)

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

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

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

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15

c)

Documentation of Inspection Results

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

following:

1)

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

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

the CCDD;

2)

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

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

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

reason for the rejection;

3)

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

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

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

reason for the rejection; and

4)

The name of the inspector.

d)

Rejection of Loads

1)

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

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

notice of the following:

A)

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

B)

That the rejected load contains or is suspected to contain material

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

another CCDD fill operation and must be properly recycled or

disposed of at a permitted landfill;

C)

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

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

name of the hauling firm, the vehicle identification number or

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

make this information available to the Agency for inspection.

2)

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

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

the rejection of a load.

e)

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

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

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

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16

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

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

increased visual inspection and instrument testing of the load.

f)

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

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

material.

g)

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

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

h)

All field measurement activities relative to equipment and instrument operation,

calibration and maintenance and data handling shall be conducted in accordance

with the following:

1)

”Test Methods for Evaluating Solid Waste, Physical/Chemical Methods“

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

reference at Section 1100.104 of this Part;

2)

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

standard operating procedures; or

3)

Other operating procedures specified in the Agency permit.

i)

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

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

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

upon request during normal business hours.

Section 1100.206

Salvaging

a)

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

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

b)

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

the requirements of this Part.

c)

Salvageable materials:

1)

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

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

create an unsightly appearance; and

2)

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

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

Agency permit.

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17

Section 1100.207

Boundary Control

a)

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

areas within the boundaries of the facility must be restricted.

b)

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

that only CCDD is accepted for use as fill.

Section 1100.208

Closure

a)

Completion of Filling

1)

The owner or operator is deemed to have completed CCDD filling:

A)

30 days after the date on which the facility receives the final load

of CCDD for use as fill; or

B)

If the facility has remaining capacity and there is a reasonable

likelihood that the facility will receive additional CCDD for use as

fill, no later than one year after the most recent receipt of CCDD

for use as fill.

2)

The Agency must grant extensions beyond the one year deadline in

subsection (a)(1)(B) of this Section if the owner or operator demonstrates

that:

A)

The facility has the capacity to receive additional CCDD for use as

fill; and

B)

The owner or operator has taken and will continue to take all steps

necessary to prevent threats to human health and the environment

from the facility.

b)

Closure

1)

Final Cover

All filled areas must be

covered by sufficient uncontaminated soil to

support vegetation within 30 days of the completion of filling or

must be

covered by a road or structure

. [415 ILCS 5/3.160] The minimum

amount of soil to support vegetation is one foot. The final surface must

prevent or minimize erosion.

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18

2)

Final Slope and Stabilization

A)

The final slopes and contours must be constructed to complement

and blend with the surrounding topography of the proposed final

land use of the area.

B)

All drainage ways and swales must be constructed to safely pass

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

scouring or erosion.

C)

The final configuration of the facility must be constructed in a

manner that minimizes erosion.

D)

Standards for Vegetation

i)

Vegetation must minimize wind and water erosion;

ii)

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

under) the local climatic conditions;

iii)

Temporary erosion control measures, including, but not

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

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

undertaken while vegetation is being established.

Section 1100.209

Postclosure Maintenance

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

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

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

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

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

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

contracts, or development plans.

a)

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

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

b)

Maintenance and Inspection of the Final Cover

1)

Frequency of Inspections. The owner or operator must conduct a quarterly

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

after closure.

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2)

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

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

Agency as particularly susceptible to erosion must be recontoured.

3)

All eroded and scoured drainage channels must be repaired and lining

material must be replaced if necessary.

4)

All holes and depressions created by settling must be filled and

recontoured so as to prevent standing water.

5)

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

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

with the approved closure plan for the facility.

c)

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

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

threat to human health or the environment.

Section 1100.210

Recordkeeping Requirements

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

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

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

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

a)

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

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

b)

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

required under Section 1100.205 of this Part.

Section 1100.211

Annual Reports

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

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

following information:

a)

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

during the calendar year.

b)

Amount of CCDD expected in the next year.

c)

Any modification affecting the operation of the facility.

d)

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

agent as specified in Section 1100.303 of this Part.

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SUBPART C: PERMIT INFORMATION

Section 1100.301

Scope and Applicability

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

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

Section 1100.302

Notification

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

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

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

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

under this Section must be included in the permit application.

Section 1100.303

Required Signatures

a)

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

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

to whom inquiries and correspondence should be addressed.

b)

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

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

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

signatures must be notarized. The following persons are considered duly

authorized agents of the owner and operator:

1)

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

president;

2)

For a sole proprietorship, the sole proprietor;

3)

For a partnership, a general partner;

4)

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

agency or a ranking elected official; and

5)

For a member-managed limited liability company, by a member and for a

manager-managed limited liability company, by a manager or member.

Section 1100.304

Site Location Map

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

Geological Survey (USGS) quadrangle of the area from the 7½ minute series (topographic) that

clearly shows the following information:

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a)

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

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

b)

All surface waters;

c)

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

boundaries;

d)

All potable water supply well setback zones established pursuant to Section 14.2

or 14.3 of the Act;

e)

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

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

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

of SDWA; and

f)

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

facility.

Section 1100.305

Facility Plan Maps

The application must contain maps showing the details of the facility. The maps must have a

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

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

a)

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

roads within the facility;

b)

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

included in the facility;

c)

All roads entering and exiting the facility; and

d)

Devices for controlling access to the facility.

Section 1100.306

Narrative Description of the Facility

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

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

with the requirements of this Part. Such descriptions must include, but are not limited to, the

following information:

a)

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

how the owner or operator will comply with Section 1100.205 of this Part;

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b)

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

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

c)

The estimated density of the CCDD;

d)

The length of time each unit will receive CCDD;

e)

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

facility permit, the Act, and Board regulations;

f)

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

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

owner or operator will comply with Section 1100.206 of this Part;

g)

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

Section 1100.207 of this Part;

h)

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

1100.204(c) and (e) of this Part;

i)

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

Section 1100.204(f) of this Part;

j)

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

Section 1100.204(g) of this Part; and

k)

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

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

frequency with which they will be used.

Section 1100.307

Proof of Property Ownership and Certifications

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

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

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

ownership.

Section 1100.308

Surface Water Control

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

compliance with Section 1100.202 of this Part, and that includes at least the following:

a)

A copy of any approved National Pollutant Discharge Elimination System

(NPDES) permit issued pursuant to 35 Ill. Adm. Code 309 to discharge runoff

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

application if an NPDES permit is pending; and

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b)

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

Section 1100.309

Closure Plan

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

following:

a)

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

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

topography after placement of the final cover for all filled areas. All maps must

have a scale no smaller than one inch equals 200 feet;

b)

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

Sections 1100.208(a)(1)(B) or (a)(2) of this Part;

c)

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

d)

An estimate of the expected year of closure;

e)

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

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

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

f)

A description of how the applicant will comply with Section 1100.208 of this

Part; and

g)

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

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

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

to Section 1100.208 of this Part.

Section 1100.310

Postclosure Maintenance Plan

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

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

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

requirements of Section 1100.209 of this Part.

SUBPART D: PROCEDURAL REQUIREMENTS FOR PERMITTING

Section 1100.401

Purpose of Subpart

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

applications for permits for CCDD fill operations.

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Section 1100.402

Delivery of Permit Application

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

mailed or delivered to the address designated by the Agency on the forms. The Agency must

provide a dated, signed receipt upon request. The Agency's record of the date of filing must be

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

Section 1100.403

Agency Decision Deadlines

a)

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

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

[415 ILCS

5/39]

b)

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

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

the content required by this Part. However, if, the Agency fails to notify the

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

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

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

filing as calculated pursuant to Section 1100.402 of this Part. The applicant may

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

application for the purposes of review pursuant to Section 1100.406 of this Part.

c)

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

applicable deadline in subsection (a) of this Section.

d)

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

decision deadline date. Any modification of a permit application must constitute

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

date.

e)

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

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

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

signed.

Section 1100.404

Standards for Issuance of a Permit

a)

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

will not cause a violation of

the

Act or of Board regulations set forth in 35 Ill.

Adm. Code: Chapter I.

[415 ILCS 5/39]

b)

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

to accomplish the purposes of

the

Act, and as are not inconsistent with Board

regulations set forth in 35 Ill. Adm. Code: Chapter I.

[415 ILCS 5/39]

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Section 1100.405

Standards for Denial of a Permit

If the Agency denies any permit under this

Part

, the Agency must transmit to the applicant within

the time limitations of this

Part

specific, detailed statements as to the reasons the permit

application was denied. Such a statement must include, but not be limited to, the following:

a)

the Sections of the Act which may be violated if the permit were granted;

b)

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

violated if the permit were granted;

c)

the specific type of information, if any, which the Agency deems the applicant did

not provide the Agency; and

d)

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

if the permit were granted.

[415 ILCS 5/39].

Section 1100.406

Permit Appeals

If the Agency refuses to grant or grants with conditions a permit under Section 39 of this Act, the

applicant may, within 35 days after the date on which the Agency served its decision on the

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

[415

ILCS 5/40(a)(1)]. The petition must be filed, and the proceeding conducted, pursuant to the

procedures of Section 40 of the Act and Board rules at 35 Ill. Adm. Code 101 and 105.

Section 1100.407

Permit No Defense

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

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

or other excavation without a permit.

Section 1100.408

Term of Permit

a)

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

b)

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

permit expires or is revoked, as provided in this Part.

c)

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

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

limited to, permit revocation. Such sanctions must be sought by filing a

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

VIII).

Section 1100.409

Transfer of Permits

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

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

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

Section 1100.410

Procedures for the Modification of Permits

a)

Owner or Operator Initiated Modification.

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

or operator at any time after the permit is approved. The owner or operator

initiates a modification by application to the Agency.

b)

Agency Initiated Modification.

1)

The Agency may modify a permit under the following conditions:

A)

Discovery of a typographical or calculation error;

B)

Discovery that a determination or condition was based upon false

or misleading information;

C)

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

VIII, IX or X of the Act; or

D)

Promulgation of new statutes or regulations affecting the permit.

2)

Modifications initiated by the Agency will not become effective until 45

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

pendency of an appeal to the Board. All other time periods and

procedures in Section 1100.403 of this Part apply. The owner or operator

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

petition with the Board pursuant to Section 1100.406 of this Part. All

other time periods and procedures in Section 1100.403 of this Part apply.

Section 1100.411

Procedures for the Renewal of Permits

a)

Time of Filing

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

90 days prior to the expiration date of the existing permit.

b)

Effect of Timely Filing

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

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

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

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27

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

order of a reviewing court. (See Section 10-65 of the Illinois Administrative

Procedure Act [5 ILCS 100/10-65].)

c)

Information Required for Permit Renewal

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

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

application for renewal must be signed in accordance with the signature

requirements of Section 1100.303 of this Part.

d)

Procedures for Permit Renewal

Applications for permit renewal are subject to all requirements and time

schedules in Sections 1100.402 through 1100.409 of this Part.

Section 1100.412

Procedures for Closure and Postclosure Maintenance

a)

Notification of Receipt of Final Volume

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

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

CCDD.

b)

Certification of Closure

1)

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

submit to the Agency:

A)

Documentation concerning closure of the facility, including, but

not limited to, plans or diagrams of the facility as closed and the

date closure was completed.

B)

An affidavit by the owner or operator and the seal of a professional

engineer that the facility has been closed in accordance with the

closure plan and the closure requirements of this Part.

2)

When the Agency determines, pursuant to the information received

pursuant to subsection (b)(1) of this Section and any Agency site

inspection, that the facility has been closed in accordance with the

specifications of the closure plan and the closure requirements of this Part,

the Agency must:

A)

Issue a certificate of closure; and

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28

B)

Specify the date the postclosure maintenance period begins, based

on the date closure was completed.

c)

Termination of the Permit

1)

At the end of the postclosure maintenance period, the owner or operator

may submit to the Agency an application for termination of the permit.

The application must be submitted in a format prescribed by the Agency

and must include, at a minimum, the certification of a professional

engineer and the affidavit of the owner or operator demonstrating that, due

to compliance with the postclosure maintenance plan and the postclosure

maintenance requirements of this Part, postclosure maintenance is no

longer necessary because:

A)

Vegetation has been established on all nonpaved areas;

B)

The surface has stabilized sufficiently with respect to settling and

erosion so that further stabilization measures, pursuant to the

postclosure maintenance plan, are no longer necessary; and

C)

The owner or operator has completed all requirements of the

postclosure maintenance plan.

2)

Within 90 days after receiving the certification required by subsection

(c)(1) of this Section, the Agency must notify the owner or operator in

writing that the permit is terminated, unless the Agency determines,

pursuant to the information received pursuant to subsection (c)(1) of this

Section and any Agency site inspection, that continued postclosure

maintenance is required pursuant to the postclosure maintenance plan and

this Part.

3)

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

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

Section is deemed a denial or grant of permit with conditions.

IT IS SO ORDERED.

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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board

adopted the above opinion and order on August 17, 2006, by a vote of 4-0.

Dorothy M. Gunn, Clerk

Illinois Pollution Control Board