By:
Sanjay K. Sofat
Assistant Counsel
Division of Legal Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARTRECEIVED
C
LERK'S OFFICE
JUN' 2 6
2008
STATE
OF ILLINOIS
Pollution Control Board
Dyel0
I
Water - Thirty Day Extension
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
NOTICE OF FILING
WASTE MANAGEMENT OF ILLINOIS,
INC.,
Petitioner,
v.
PCB
John Therriault, Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Peter J. Kelly
Vedder Price P.C.
222 North LaSalle Street
Suite 2600
Chicago, Illinois 60601
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution Control
Board a
JOINT REQUEST FOR THIRTY DAY EXTENSION OF APPEAL PERIOD
of the
Illinois Environmental Protection Agency, a copy of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
Dated: June 25, 2008
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARIP
RECEIVED
LERKI
S OFFICE
JUN 2
6 2008
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
v.
PCB
Water - Thirty Day Extension
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
JOINT REQUEST FOR THIRTY DAY EXTENSION OF APPEAL PERIOD
NOW COMES the Respondent, Illinois Environmental Protection Agency ("Agency" or "Illinois
EPA"), by and through one of its attorneys, Sanjay K. Sofat, Assistant Counsel, and the WASTE
MANAGEMENT OF ILLINOIS, INC., ("Petitioner"), and pursuant to Section 40(a)(1) of the
Illinois Environmental Protection Act ("Act") (415 ILCS 5/40(a)(1)) and the Illinois Pollution
Control Board's ("Illinois PCB") procedural rules at 35 Ill. Adm. Code 105.206, 105.208, hereby
respectfully requests that the Illinois PCB to grant an additional thirty (30) day extension of the
thirty-five (35) day period for petitioning for a hearing in this matter. In support thereof, the Illinois
EPA respectfully states:
1.
On or about May 22, 2008, the Illinois EPA issued a final determination of the NPDES
permit IL0075523 to the Petitioner.
(See
attached Exhibit A.)
2.
On or about June 23, 2008, Petitioner made a written request to the Illinois EPA asking
that the thirty-five (35) day period for a hearing be extended for an additional thirty (30)
days to and including July 28, 2008.
(See
attached Exhibit B.)
3.
The additional time requested by the parties may eliminate the need for a hearing in this
WASTE MANAGEMENT OF ILLINOIS,
INC.,
2
matter, or in the alternative, allow the parties to identify and limit the issues to be
addressed at any hearing that may be necessary to resolve this matter.
4.
Counsel for the Petitioner has reviewed the request for thirty (30) day extension of
appeal period and agrees with the contents of the request.
WHEREFORE the parties respectfully request that the Illinois PCB, in the interest of
administrative and judicial economy, grant this thirty (30) day extension of the thirty-five (35)
day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, Respondent
By:
Sanjay K. Sofat
Assistant Counsel
Dated: June 25, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
3
STATE OF ILLINOIS
SS
COUNTY OF SANGAMON
PROOF OF SERVICE
I,
the undersigned, on oath state that I have served the attached
JOINT REQUEST FOR
THIRTY DAY EXTENSION OF APPEAL PERIOD
upon the persons to whom it is directed, by
placing a true and correct copy in an envelope addressed to:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Peter J. Kelly
Vedder Price P.C.
222 North LaSalle Street
Suite 2600
Chicago, Illinois 60601
(OVERNIGHT MAIL)
?
(OVERNIGHT MAIL)
and mailing it from Springfield, Illinois on June 25, 2008, with sufficient postage affixed as
indicated above.
k
pltil
ANniuni
SUBSCRIBED AND SWORN TO BEFORE ME
this day of June 5, 2008.
Notary Public
OFFICIAL SEAL
BRENDA BOEHNER
NOTARY PUBLIC, STATE OF ILLINOIS
1:
....,..;=4,4,+>t--****titisqtrp
: MY COMMISSI
?
FIRE14-2009
.t***44444
4
JUN-26-2008 13
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ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
DIVISION OF LEGAL COUNSEL
1021 NORTH GRAND AVENUE EAST, POST OFFICE BOX 19276
SPRINGFIELD, ILLINOIS 62794-9276
TELEPHONE (217) 782-5544 FACSIMILE (217) 782-9807
?
RECEIVED
CLERK'S OFFICE
DATE:
OU 170
102
?
JUN' 2 6
2008
STATE OF ILLINOIS
Pollution Control
FACSIMILE TRANSMITTAL SHEET
Board
PLEASE DELIVER THE FOLLOWING PAGES TO:
PARTY'S NAME:
Unktr) 'Therricioi+
FIRM/COMPANY NAME:
FACSIMILE NO:
TELEPHONE NO:
FROM:
anj
CAL
RE.
TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE)
.
1 Lo
HARD COPY
WILL
WILL NOT
FOLLOW
IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (217) 782-5544
COMMENTS:
IMPORTANT - THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR
ENTITY TO WHICH
IT
IS ADRESSED; AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER
OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOI1H.bD THAT
READING, DISSEMINATING, DISTRIBUTING, OR COPYING TIES COMMUNICATION IS MICA. LY
PROBIBIIED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE
IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT
THE ABOVE ADDRESS VIA THE U.S POSTAL SERVICE.
JUN-26-2008 13:29
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JUN-26-2008 13
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•
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021
NORTH GRAND AVENUE EAST,
P.O.
Box
19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R.
THOMPSON CENTER,
100
WEST RANDOLPH, SUITE 11-300. CHICAGO,
IL 60601 - (312) 814-6026
ROD R.
BLAGOJEVICH, GOVERNOR DOUGLAS
P.
SCOTT, DIRECTOR
tiAr21)61.808
Waste Management Closed Site Management Group
C1
0
Outer Loop Recycling & Disposal Facility
2673 Outer Loop
Louisville, Kentucky 40219
Re:?
Waste Management Closed Site Management Group
Chain of Rocks RDF
NPDES Permit No. IL0075523
Termination of ILR000817
Final Permit
Gentlemen:
The sample frequency on page two of the permit was corrected to read "Daily When Discharging". No increases
in sampling frequency or monitoring requirements resulted from this change.
Attached is the final NPDES Permit for your discharge. The Permit as issued covers discharge limitations,
monitoring, and reporting requirements. Failure to meet any portion of the Permit could result in civil and/or
criminal penalties. The Illinois Environmental Protection Agency is ready and willing to assist you in interpreting
any of the conditions of the Permit as they relate specifically to your discharge.
The Agency has begun a program allowing the submittal of electronic Discharge Monitoring Reports (eDMRs)
instead ofpaper Discharge Monitoring Reports
(DMRs).
If you are interested in eDMRs, more information can be
found on the Agency website, http://epa.state.il.us/water/edmr/index.html. If your facility is not registered in the
eDMR program,
a
supply of preprinted paper DMR Forms for your facility will be sent to you prior to the
initiation
of DMR reporting under the reissued permit. Additional information and instructions will accompany the
preprinted DMRs upon their arrival.
Please be advised the General Permit ILR000817 will be terminated upon the effective date of this individual
permit.
The attached Permit is effective as of the date indicated on the first page of the Permit. Until the effective date of
any re-issued Permit, the limitations and conditions of the previously-issued Permit remain
in
full effect. You
have the right to appeal any condition of the Permit to the Illinois Pollution Control Board within a 35 day period
following the issuance date.
Should you have questions concerning the Permit, please contact Jaime Rabins at the telephone number indicated
above.
Sincerely,
Alan Keller, P.E.
Manager, Permit Section
Division of Water Pollution Control
SAK:DEL:JAR:07102202.bah
Attachment Final Permit
cc:?
Records
Compliance Assurance Section
Collinsville Region
Hurst-Rosche Engineers, Inc.
Rocooao -43S-48441300eet,
Rockford, IL 61103 - (815)
987-7760 • DES
PLAINEs - 9511 W. Harrison St., Des Plaines, IL 60016 - (847) 294-4000
EiciFelliff-EIMBSEWEIgin, IL 60123 - (847) 608-3131 •
PEORIA -
5415
N. University St.,
Peoria, IL 61614 - (309) 693-5463
BUREAU OF LAND -
PEor(AVIMMIOniversity St.,
Peoria, IL 61614 - (309) 693-5462 •
CHAMPAIGN -
2125 South First Street, Champaign, IL 61820 - (217) 278-5800
SPRINGFIELD
-
-
4500 S. Sixth Street Rd., Springfield, IL 62706 - (217) 786-6892 •
COLLINSVILL1 -
2009 Mall Street, Collinsville, IL 62234 -(618) 346-5120
MARION -
2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED ON RECYCLED PAPER
JUN-26-20139 13:29
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P. 04%16
Expiration Date:
May 31, 2013.
NPDES Permit No. IL0075523
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
New (NPDES) Permit
Issue Date:
May 22, 2008
Effective Date:
June 1,
2008
Name and Address of Permittee:
?
Facility Name and Address:
Waste Management Closed Site Management Group
C/0
Outer Loop Recycling & Disposal Facility
2673 Outer Loop -
Louisville, Kentucky 40219
Chain of Rocks ROF
3399 West Chain of Rocks Road
Granite City, Illinois 62040
(Madison County)
Discharge Number and Name:
?
Receiving Waters:
001 Stormwater
?
Chouteau Slough to Mississippi River
002 Stormwater?
West Sedimentation Pond
In compliance with the provisions of the Illinois Environmental Protection Act, Tille 35 of III. Adm. Code, Subtitle C and/or Subtitle D, Chapter
1, and the Clean Water Act (CWA), the above-named permittee is hereby authorized to discharge at the above location to the above-named
receiving stream in accordance with the standard conditions and attachments herein.
Permittee is not authorized to discharge after the above expiration date. In order to receive authorization to discharge beyond the expiration
date, the permittee shall submit the proper application as required by the Illinois Environmental Protection Agency (IEPA) not laterthan 180
days prior to the expiration date.
Alan Keller, P.E.
Manager, Permit Section
Division of Water Pollution Control
SAK:JAR:07102202.bah
JUN-26-2008 13:30
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Page 2
NPDES Permit No. IL0075523
Effluent Limitations and Monitoring
1. From the effective date of this permit until the expiration date, the effluent of the following discharge(s) shall be monitored and limited at
all times as follows:
Outfall(s): 001 and 002 Stormwater (Intermittent Discharge)
LOAD LIMITS lbsiday?
CONCENTRATION
DAF (DMF)?
LIMITS mg/I
30 DAY
?
DAILY
?
30 DAY?
DAILY?
SAMPLE
?
SAMPLE
PARAMETER?
AVERAGE?
MAXIMUM?
AVERAGE?
MAXIMUM
?
FREQUENCY
?
TYPE
Flow (MGD)
?
Daily When?
Measure
Discharging
See Special Condition 1.
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Page 3
NPDES Permit No. IL0075523
Special Conditions
SPECIAL CONDITION 1.
A. STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
1. General storm water pollution prevention plan requirements applicable to both landfill activities and landfill construction activities are as
follows:
a. The stormwater pollution prevention plan (SWPPP) developed for previous permits shall be maintained and if necessary amended
by the permittee.
b. The owner or operator of a landfill with storm water discharges covered by this permit shall make a copy of the plan available to
the Agency at any reasonable time upon request. A copy of the plan shall be maintained at the landfill for which storm water
discharges are covered by this permit.
c. The permittee may be notified in writing by
the
Agency, at any time, that the plan does not meet the requirements of this permit.
After such notification, the permittee shall make changes to the plan and shall submit a written certification that the requested
changes have been made. Unless otherwise provided, the permittee shall have 30 days after such notification to make the
changes.
d. The discharger shall amend the plan whenever there is a change in construction, operation, or maintenance which affects the
discharge quantity of pollutants to waters of the State or if a facility inspection required by paragraph A.1.f. of this Special
Condition indicates that an amendment is needed. The plan should also be amended if the discharger is in violation of any
conditions of this permit, or has not achieved the general objectives of controlling pollutants in storm water discharges.
Amendments to the plan shall be made within the shortest reasonable period of time, and shall be provided to the Agency for
review upon request.
In addition to the above requirements, the plan shall be amended
if
sludge or bioremediated soils are utilized as daily, intermediate
or final cover,
if spray-on erosion or dust c,ontroVdaily cover products are utilized, if pond water is utilized for dust control or other
means or if additives are utilized to enhance effluent quality. Stormwater runoff from areas where sludge or bioremediated soils
are utilized or stockpiled shall be diverted to detention basins when ever possible. Daily cover or approved alternate daily cover
shall be utilized on sludge or bioremediated soils to prevent excessive wash out of the solids. Pond water utilized for dust
suppression or other means shall be restricted in quantities, locations and time periods to prevent runoff, wash off due to
precipitation or tracking on tires due to mud formation. Spray on products or effluent enhancing additives shall be reviewed and
approved prior to use. Information that should be provided with a request for approval of effluent enhancing additives shall include
but not be limited to the following:
1.
MSDS sheets
2.
List of active and inactive ingredients
3. Expected dosage rate
4.
Expected concentration in the discharge
Information to be provided with a request for approval of spray on products shall include but not be limited to the following;
1.
MSDS sheets if available
2. List of compounds comprising the product, especially biocides, and amounts of each compound
3.
Area utilized, drainage area tributary outfall and method of application
4.
Information, if available, regarding degradation rates
5. Expect stormwater runoff quality
e. Non-Storm Water Discharges - The plan shall include a certification that the discharge has been tested or evaluated for the
presence
of
non-storm water discharges. The certification shall include a description of any tests for the presence of non-storm
water discharges, the methods used, the dates of the testing, and any on-site drainage points that were observed during the
testing. Any facility that is unable to provide this certification must describe the procedure of any test conducted for the presence
of
non-storm water discharges, the test results, potential sources of non-storm water discharges to the storm
sewer,
and why
adequate tests for such storm sewers were not feasible. Non-stormwater discharges shall include but not be limited to those
discharges identified as categorical discharges under 40 CFR 445 Landfills Point Source Category.
f. The permittee shall conduct facility inspections to verify that all elements of the plan, Including the site map, potential pollutant
JUN-26-2008 13
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NPDES Permit No.10075523
Special Conditions
sources, and structural and non-structural controls to reduce pollutants in landfill storm water discharges are accurate. inspections
shall be conducted quarterly during or shortly after a significant rain event, but no less than annually if no such significant rain
event occurs. Observations that require a response and the appropriate response to the observation shall be retained as part of
the plan. Records documenting observations made during the site inspection shall be submitted to the Agency in accordance with
the reporting requirements of this permit.
g.
The plan should briefly describe the appropriate elements of other program requirements, including Spill Prevention Control and
Countermeasures (SPCC) plans required under Section 311 of the CWA and the regulations promulgated thereunder, and Best
Management Programs under 40 CFR 125.100.
h.
The plan is considered a report that shalt be available to the public under Section 308(b) of the CWA. The permittee may claim
portions of the plan as confidential business information, including any portion describing facility security measures.
i.
The plan shall include the signature and title of the person responsible for preparation of the plan and include the date of initial
preparation and each amendment thereto.
2. The storm water pollution prevention plan for landfill construction activities shall include the following items:
a. Site
Description.
Each plan shall, provide a description of the following:
A description of the nature of the construction activity;
ii.
A description of the intended sequence of major activities which disturb soils for major portions of
the
site (e.g. grubbing,
excavation, grading);
iii. Estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading, or
other activities;
iv.
An estimate of the runoff coefficient of the site after construction activities are completed and existing data describing the soil
or the quality of any discharge from the site;
v.
A site map indicating drainage patterns and approximate slopes anticipated before and after major grading activities, area of
soil disturbance, the location of major structural and non-structural controls identified in the plan, the location of areas where
stabilization practices are expected to occur, surface waters (including wetlands), and locations where storm water is
discharged to a surface water; and
vi.
The name of the receiving water(s) and the ultimate receiving water(s), and aerial extent of wetland acreage at the site.
b.
Controls.
Each plan shall include a description of appropriate controls that will be implemented at the construction site. The plan
will clearly describe for each major activity identified, appropriate controls and the timing during the construction process that the
controls will be implemented. (For example, perimeter controls for one portion of the
site will be installed after the clearing and
grubbing necessary for installation of the measure, but before the clearing and grubbing for the remaining portions of the site.
Perimeter controls will be actively maintained until final stabilization of those portions of the site upward of the perimeter control.
Temporary perimeter controls will be removed after final stabilization). The description of controls shall address as appropriate the
following minimum components:
I.
Erosion and Sediment Controls.
(A). Stabilization Practices. A
description of interim and permanent stabilization practices, including site-specific scheduling
of the implementation of
the
practices. Site plans should ensure that existing vegetation is preserved where attainable
and that disturbed portions of the site are stabilized. Stabilization practices may include: temporary seeding, permanent
seeding, mulching, geotexffles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature
vegetation, and other appropriate measures that might be found in the 'Illinois Urban Manual" dated 2002. A record of
the dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion
of the site, and when stabilization measures are initiated shall be included in the plan. Except as provided in paragraphs
A.2.b.I.(A).(1). and A.2.b.ii., stabilization measures shall be initiated as soon as practicable in portions of the site where
construction activities have temporarily or permanently ceased.
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NPDES Permit No. IL0075523
Special Conditions
(1). Where the initiation of stabilization measures by the 14th day after construction activity temporary or permanently
cease is precluded by snow cover, stabilization measures shall be initiated as soon as practicable.
(2).
Where construction activity will resume on a portion of the site within 21 days from when activities ceased, (e.g. the
total time
period that construction activity is temporarily ceased is less than 21 days) then stabilization measures do
not have to be initiated on that portion of site by the 14th day after construction activity temporarily ceased.
(B).
Structural Practices.
A description of structural practices to the degree attainable, to divert flows from exposed soils,
store flows or otherwise limit runoff and the discharge of pollutants from exposed areas of the site. Such practices may
include silt fences, earth dikes, drainage swales, sediment traps, check dams, subsurface drains, pipe slope drains, level
spreaders, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabions, and temporary
or permanent sediment basins. Structural practices should be placed on upland soils to the degree attainable. The
installation of these devices may be subject to Section 404 of the CWA.
ii.
Storm Water Management.
A description of measures that_will be installed during the construction process to control
pollutants in storm water discharges that will occur after construction operations have been completed. Structural measures
should
be
placed on upland soils to the degree attainable. The installation of these devices may be subject to Section 404 of
the CWA. This permit only addresses the installation of storm water management measures, and not the ultimate operation
and maintenance of such structures after the construction activities have been completed and the site has undergone final
stabilization. Permittees are responsible for only the installation and maintenance of storm water management measures
prior to final stabilization of the site, and are not responsible for maintenance after storm water discharges associated with
landfill construction have been eliminated from the site.
(A).
Such practices may include: storm water detention structures (including wet ponds); storm water retention structures;
flow attenuation by use of open vegetated swales and natural depressions; infiltration of runoff on-site; and sequential
systems (which combine several practices). The pollution prevention plan shall include an explanation of the technical
basis used tO select the practices to control pollution where flows exceed predevelopment levels.
(B). Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel as
necessary to provide a non-erosive velocity flow from the structure to a water course so that the natural physical and
biological characteristics and functions are maintained and protected (e.g. maintenance of hydrologic conditions, such as
the hydroperiod and hydrodynamics present prior to the Initiation of construction activities).
iii.
Other Controls.
(A).
Waste Disposal.
No solid materials, including building materials, shall be discharged to Waters of the State, except as
authorized by a Section
404
permit.
(B).
The plan shall ensure and demonstrate compliance with applicable State and/or local waste disposal, sanitary sewer or
septic system regulations.
iv.
Approved State or Local Plans.
The
management practices, controls and other provisions contained in the storm water
pollution prevention plan must be at least as protective as the requirements contained in the Illinois Urban Manual' dated
2002. Facilities which discharge storm water associated with construction site activities must include in their storm water
pollution prevention plan any applicable local requirements. Storm water management requirements approved by local
officials that are applicable to protecting surface water resources are incorporated by reference and are enforceable under
this permit even if they are not specifically included in a storm water pollution prevention plan required under this permit This
provision does not apply to
provisions
of master plans, comprehensive plans, non-enforceable guidelines or technical
guidance documents that are not Identified in a specific plan or permit that is issued for the construction site.
c.
Maintenance.
A description
of
procedures to maintain in good and effective operating conditions vegetation, erosion and
sediment control measures and other protective measures identified in the site plan.
3.
The storm water pollution prevention plan for new and existing storm water discharges associated with active or inactive landfill or
open
dumps and
any on-site ancillary activities that receive or have received any industrial wastes shall include the following items:
a. The plan shall provide a description of potential sources which may be expected to add significant quantities of pollutants to storm
water discharges, or which may
result in non-storm
water discharges from the facility. The plan shall include, at a minimum, the
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Page 6
NPDES Permit No. IL0075523
S
p
ecial Conditions
following items:
i.
A topographic map extending one-quarter mile beyond the property boundaries of the facility, showing: the facility, surface
water bodies, wells (including injection wells), seepage pits, infiltration ponds, and the discharge points where the facility's
storm water discharges to surface waters. The requirements listed in this paragraph may be included on the site map if
appropriate.
ii. A site map showing:
(A).
The storm water conveyance and discharge structures;
(B). An outline
of
the storm water drainage areas for each storm water discharge point;
(C).
Paved areas and buildings;
(ID). Areas used for outdoor storage, or dispOsal
of
significant materials, including activities that generate significant quantities
of dust or particulates;
(E). Location of existing storm water structural control measures (dikes, coverings, detention facilities, etc.);
(F).
Surface water locations;
(G).
Areas of existing and potential soil erosion;
(H). Vehicle service and traffic areas;
(I). Material loading, unloading, and access areas;
(J). Areas that have daily cover, intermediate final cover and final vegetative cover of the landfill;
(K).
Areas that are considered ancillary operations
of a
landfill.
iii
A narrative description of the following:
(A).
The nature
of
the
landfill activities conducted
at
the site, including a description of significant materials that are treated,
stored or disposed of in a manner to allow exposure to storm water;
(B).
Materials, equipment, and vehicle management practices employed to minimize contact
of
significant materials with
storm water discharges;
(C).
Existing structural and non-structural control measures to reduce pollutants in storm water discharges;
(D).
Landfill storm water discharge treatment facilities;
(E).
Methods of on-site storage and disposal of significant materials.
iv. A list
of
the types of pollutants found present by required testing, either by this permit or application requirements.
v.
An estimate
of
the
size
of
the
facility In acres or square feet, and the percent of the facility that has impervious areas
such
as
pavement or buildings.
vi.
A summary of existing sampling data
describing pollutants in storm water discharges from the landfill or ancillary activities.
b.
The plan shall describe the storm water management controls which will be implemented by the facility. The appropriate controls
shall reflect identified
existing and potential sources of pollutants at the facility.
The description of the storm water
management
controls shall include:
Storm Water Pollution Prevention Personnel - Identification by job titles of the individuals who
are
responsible for developing,
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Page 7
NPDES Permit No. IL0075523
Special Conditions
implementing, and revising the plan.
ii. Preventive Maintenance - Procedures for inspection and maintenance of storm water conveyance system and devices such
as oiVwater separators, catch basins, etc., and inspection and testing of plant equipment and systems that could fail and
result in discharges of pollutants to storm water.
iii. Good Housekeeping - Good housekeeping requires the maintenance of clean, orderly facility areas that discharge storm
water. Material or handling areas shall be inspected and cleaned to reduce the potential for pollutants to enter the storm
water conveyance system.
iv. Spill Prevention and Response - Identification of areas where significant materials can spill into or otherwise enter the storm
water conveyance systems and their accompanying drainage points. Specific material handling procedures, storage
requirements, spill dean up equipment and procedures should be identified, as appropriate. Internal notification procedures
for spills of significant materials should be established.
v. Storm Water Management Practices - Storm water management practices are practices other than those which control the
source of pollutants. They include measures such as installing oil and grit separators, diverting storm water into retention
basins, etc. Based on assessment of the potential of various sources to contribute pollutants, measures to remove pollutants
from storm water discharge shall be implemented. In developing the plan, the following management practices shall be
considered:
(A): Containment - Storage within berms or other secondary containment devices to prevent leaks and spills from entering
storm water runoff;
(B).
Oil & Grease Separation - Oil/water separators, booms, skimmers or other methods to minimize oil contaminated storm
water discharges;
(C).
Debris & Sediment Control - Screens, booms, sediment ponds or other methods to reduce debris and sediment in storm
water discharges;
(D).
Waste Chemical Disposal - Waste chemicals such as antifreeze, degreasers and used oils shall be recycled or disposed
of in an approved manner and in a way which prevents them from entering storm water discharges;
(E).
Storm Water Diversion - Storm water diversion away from storage and other areas of potential storm water
contamination;
(F).
Covered Storage - Covered fueling operations and storage areas to prevent contact with storm water.
vi. Sediment and Erosion Prevention - The plan shall identify areas which due to topography, activities, or other factors, have a
high potential for significant soil erosion and describe measures to Omit erosion.
vii. Employee Training - Employee training programs shall inform personnel at all levels of responsibility of the components and
goals of the storm water pollution control plan. Training should address topics such as spill response, good housekeeping
and material management practices. The plan shall Identify periodic dates for such training.
Wk. Inspection Procedures - Qualified plant personnel shall be identified and inspect designated equipment and landfill areas. A
tracking or follow-up procedure shall be used to ensure appropriate response has been taken in response to an inspection.
Inspections and maintenance activities shall be documented and recorded with copies of the records maintained at the site of
the permitted landfill.
B. CONSTRUCTION AUTHORIZATION
Authorization is hereby granted to construct treatment works and related equipment that may be required by the Storm Water Pollution
Prevention Plan developed pursuant to this permit.
This Authorization is issued subject to the following condition(s).
1. If any statement or representation is found to be incorrect, this authorization may be revoked and the perrnittee thereupon waives all
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rights thereunder.
2. The issuance of this authorization (a) does not release the permittee from any liability for damage to persons or property caused by or
resulting from the installation, maintenance or operation of the proposed facilities; (b) does not take into consideration the structural
stability of any units or part of this project; and (c) does not release the permittee from compliance with other applicable statutes of the
State of Illinois, or other applicable local law, regulations or ordinances.
3.
Plans and specifications of all treatment equipment being included as a part of the storm water management practice shall be included
in the SWPPP.
4.
Any modification of or deviation from the plans and specifications included in the site's current SWPPP requires amendment of the
SWPPP.
C. REPORTING
1.
The facility shall submit a quarterly inspection report to the Illinois Environmental Protection Agency. The report shall include results of
the facility inspections which are required by A.15. of this permit. The reports shall also include documentation of any event (spill,
treatment unit malfunction, etc.) which would require an inspection, results of the inspection, and any subsequent corrective
maintenance activity. The report shall be completed and signed by the authorized facility employee(s) who conducted the
inspection(s).
2.
All reports shall contain information gathered during the previous quarter beginning with the effective date of this permit and shall be
submitted no later than 30 days after each quarter with each subsequent report containing the previous quarters information.
3.
Quarterly inspection reports shall be mailed to the following address:
Illinois Environmental Protection Agency
Bureau of Water
Compliance Assurance Section, Mail Code #19
Quarterly Report
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
If
the facility performs inspections more frequently than required by this permit, the results shall be included as additional Information in
the quarterly report.
D. DEFINITIONS
1.
Non-contaminated stormwater means stormwater which does not come In direct contact with landfill wastes, the waste handling and
treatment areas, or landfill wastewater. Non-contaminated stormwater includes stormwater which flows off the cap, cover, intermediate
cover, daily cover, and/or final cover of the landfill.
2.
Landfill wastewater means all wastewater associated with, or produced by, landfilling activities except for sanitary wastewater, non-
contaminated storm water, contaminated ground water, and wastewater from recovery pumping wells. Landfill wastewater includes, but
is not limited to, leachate, gas collection condensate, drained free liquids, laboratory derived wastewater, contaminated storm water
and contact washwater from washing truck, equipment, and railcar exteriors and surface areas which have come in direct contact with
solid waste at the landfill facility.
3.
Land application unit means an area where wastes are applied onto or incorporated into the soil surface (excluding manure spreading
operations) for treatment or disposal.
4.
Landfill means an area of land or an excavation in which wastes are placed for permanent disposal, and which is not a land application
unit, surface impoundment, injection well or waste pile.
5.
Section 313 water priority chemical means a chemical or chemical categories which: 1) Are listed at 40 CFR 372.65 pursuant to
Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (also known as Title Ill of the Superfund
Amendments and Reauthorization Act (SARA) of 1987);
2)
are present at or above threshold levels at a facility subject to EPCRA
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Section 313 reporting requirements; and 3) that meet at least one of the following criteria: (I) Are listed in Appendix D of 40 CFR 122
on either Table II (organic priority pollutants), Table Ill (certain metals, cyanides, and phenols) or Table V (certain toxic pollutants and
hazardous substances); (ii) are listed as a hazardous substance pursuant to Section 311(bX2XA) of the CWA at 40 CFR 116.4; or (iii)
are pollutants for which EPA has published acute or chronic water quality criteria.
6.
Significant materials includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets;
finished materials such as metallic products; raw materials used
in
food processing or production; hazardous substances designated
under Section 101(14) of CERCLA; any chemical the facility is required to report pursuant to EPCRA Section 313; fertilizers; pesticides;
and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges.
7.
Significant spills includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under Section
311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) or Section 102 of CERCLA (see 40 CFR 302.4).
8.
Leachate means liquid containing materials removed from solid waste. For the purpose of this permit, storm water which falls onto
areas of the landfill which have exposed waste orseeps shall be considered leachate.
9.
Solid waste means a waste that is defined in this Section as an inert waste, as a putrescible waste, as a chemical waste or as a special
waste, and which is not also defined as a hazardous waste pursuant to 35 III. Adm. Code 721.
10.
Chemical waste means a non-putrescible solid whose characteristics are
such
that any contaminated leachate is expected to be
formed through chemical or physical processes, rather than biological processes, and no gas is expected to be formed as a result.
11. inert waste means any solid waste that will not decompose biologically, bum, serve as food for vectors, form a gas, cause an odor, or
form a contaminated leachate, as determined in accordance with Section 811202(b). Such inert wastes shall include only
non-biodegradable and non-putrescible solid wastes. Inert wastes may include, but are not limited to, bricks, masonry and concrete
(cured for 60 days or more).
12.
Putrescible waste means a solid waste that contains organic matter capable of being decomposed by microorganisms so as to cause a
malodor, gases, or other offensive conditions, or which is capable of providing food for birds and other vectors. Putrescible wastes
may form a contaminated leachate from microbiological degradation, chemical processes, and physical processes. Putrescible waste
includes, but is not limited to, garbage, offal, dead animals, general household waste, and commercial waste. Ail solid wastes which do
not meet the definitions of inert or chemical wastes shall be considered putrescible wastes.
13. Special
waste means any industrial process waste, pollution control waste or hazardous waste, except as determined pursuant to
Section 22.9 of the Act and 35 III. Mm. Code 808.
14. Daily cover described in 35111. Adm. Code 811.106.
15.
Intermediate cover described in 35 Ill. Adm. Code 811.313.
16.
Final cover described in 35 Adm. Code 811.314 or other approved cover systems.
17.
Ancillary activities means any equipment, structures and other devices that are necessary for proper operation of the landfill in
accordance with the requirements of the Environmental Protection Act (current edition).
18.
Industrial wastes means waste that is received from any of the facilities described in 40 CFR 122.26(bX14).
19.
Significant rain event means any rainfall event or equivalent snowfall which is 0.1 inches or greater and occurs, at a minimum, 72 hours
from the previously measurable (greater than 0.1 inch rainfall or equivalent snow melt) storm event.
Note that additional definitions are included in the permit Standard Conditions, Attachment H.
E. SAMPLE REQUIREMENTS
The permittee shall Initiate a quarterly monitoring program of stormwater or snowmelt discharges associated with active or inactive landfills
and any on-site ancillary activities. Samples shall be collected from the discharge resulting from a rainfall event that is greater than 0.1
inches in magnitude or equivalent snow melt and occurs at least 72 hours from the previously measurable (greater than 0.1 inch rainfall or
equivalent snow melt) storm event. Storm water discharges resulting from strictly landfill construction activities, areas of the landfill under
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NPDES
Permit No. IL0075523
Special Conditions
construction that have not received waste, shall not be required to perform monitoring.
For discharges from holding ponds or other impoundments with a retention period greater than 24 hours, a minimum of one grab sample
may be taken and analyzed. For ill other discharges, a grab sample shall be taken during the first thirty minutes of the discharge and a
minimum of three sample aliquots taken in each hour of the discharge for the entire discharge or the first three hours of the discharge, with
each aliquot being separated by a minimum period of fifteen minutes. The grab sample taken during the initial thirty minutes of discharge
shall be analyzed separately and the remaining sample aliquots may be combined to form a single sample for analysis.
The Permittee shall record monitoring results on Discharge Monitoring Report (DMR) Forms using one such form for each outfall each
month.
In the event that an outfall does not discharge during a monthly reporting period, the DMR Form shall be submitted with no discharge
indicated.
The Permittee may choose to submit electronic DMRs (eDMRs) instead of mailing paper DMRs to the IEPA. More information, including
registration information for the eDMR program, can be obtained on the IEPA website,
http://www.epa.stateil.ustwateriedmr/index.html.
The completed Discharge Monitoring Report forms shall be submitted to IEPA no later than the 15th day of the following month, unless
otherwise specified by the permitting authority.
Permittees not using eDMRs shall mail Discharge Monitoring Reports with an original signature to the IEPA at the following address:
Illinois Environmental Protection Agency
Division of Water Pollution Control
Attention: Compliance Assurance Section, Mail Code # 19
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
The permittee shall sample stormwater discharges for the following:
Ammonia (as N)?
Lead
Arsenic
?
Manganese
Barium?
Mercury
BOD
5
?Nickel
Boron
?
pH
Cadmium?
Phenols
Chloride
?
Sulfate
Chromium (Hexavalent)?
Iron (Total)
Chromium (Trivalent)?
Total Dissolved Solids
Copper
?
Temperature
Fluoride?
TOC
Oil & Grease
?
TSS
Hardness?
Zinc
Iron (dissolved)
Monitoring requirements for oil and grease, pH and temperature shall only be performed on the initial grab sample.
In addition to the sample requirements, the permittee shall make a reasonable attempt to measure the flow of the stormwater
discharge from each outfall and the storm duration and total precipitation quantity causing
the
stormwater discharge on a daily basis
and report results as a monthly average and daily maximum value in units of Million Gallons per Day (MGD) on the monthly DMR
forms.
Unless otherwise indicated, concentrations refer to
the
total amount of the constituent present in all phases, whether solid, suspended
or dissolved, elemental or combined, including all oxidation states. Where constituents are commonly measured as other than total,
the word "toter is inserted for clarity.
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Special Conditions
The analyses for the above parameters shall meet the detection limits as established for accepted test procedures listed in 40 CFR
136. Mercury shall be monitored using USEPA Method 1631.
Quarterly sample results shall be submitted with the January, April, July and October DMR's.
SPECIAL CONDITION 2. For the purpose of this permit outfall(s) 001 and 002 are limited to stormwater, free from leachate and other
wastewater discharges.
SPECIAL CONDITION 3. Samples taken in compliance with the effluent monitoring requirements shall be taken at a point representative of
the discharge, but prior to entry into the receiving stream.
SPECIAL CONDITION 4. if an applicable effluent standard or limitation is promulgated under Sections 301(bX2XC) and (D), 304(bX2), and
307(aX2) of the Clean Water Act and that effluent standard or limitation is more stringent than any effluent limitation in the permit or controls
a pollutant not limited in the NPDES Permit, the Agency shall revise or modify the permit In accordance with the more stringent standard or
prohibition and shall so notify the permittee.
SPECIAL CONDITION 5. The issuance of this permit, construction authorizations or other approvals, does not relieve the permittee of the
responsibilities of complying with the provisions required by the Bureau of Land.
SPECIAL CONDITION 6. The use of copper sulfate as an algicide is approved provided its use is in accordance with label requirements
and it is applied by a licensed applicator.
SPECIAL CONDITION 7. The permittee shall request modification of this permit in accordance with attachment H priorto utilizing biosolids
or bioremediated soils as final protective cover, final cover, intermediate cover or daily cover.
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5029698374
?
waste management?
Outer Loop RDF?
02:16:29 p.m.?
06-23-2008?
2 /7
WNt
OUTER LOOP RECYCLING
&
DISPOSAL FACILITY
2673 Outer
Ltxv
Louisville, KY 40219
(502) 966.0272
(502) 969-8374 Fax
Alan Keller, P.E.
Manager, Permit Section
Division of Water Pollution Control
Illinois Environmental Protection Agency
1021 North Grand Avenue
P.O. Box 19276
Springfield Illinois
62794-9276
Subject:
?
Waste Management of Illinois, Inc.
Chain of Rocks Recycling
&
Disposal Facility
NPDES Permit No. 1L0075523
Request for Thirty-Day Extension to Appeal Permit Conditions to
the Illinois Pollution Control Board
Dear Mr. Keller,
Waste Management of Illinois, Inc. as Chain of Rocks Recycling and Disposal Facility (RDF)
respectfully requests a thirty-day extension to the appeal period to permit conditions for the above
referenced final permit. The thirty-five day period referenced in the cover letter to the final permit
expires June 26, 2008. By this letter an extension of the appeal period to
July
26, 2008 is herein
requested. The bases for appealing conditions called out in the permit are stated in the attached draft
appeal documents.
Chain of Rocks RDF would very much like to avoid having to file an appeal to the Illinois
Pollution Control Board without having the opportunity to discuss with your staff the peculiar conditions
at the facility. However, if an extension is not granted then there will be no choice but to file this appeal.
You can contact me by phone at (502) 966-0272 extension
257
(office) and (502) 777-3348 (cell)
or by email at tbarbush@wm.com.
Very truly yours,
WASTE RIAMIAORMINI►
June 23, 2008
ohn A. Barbush
Project Manager
Waste Management
Closed Site Management Group
Attachment
c:
Sanjay Sofat, IEPA
Darin E. LeCrone, P.E., IEPA
Jaime Rabins. IEPA
Jack Dowden, WM
Peter Kelly, Vedder
Price
From everyday collection to environmental protection, Think Green° Think Waste Management.
*
Pmred on 109% pastmaronef 'mold
pap,
TOTAL P.16
