Current through Register Vol. 48, No. 38, September 20, 2024
a) All of
the requirements for new units described in 35 Ill. Adm. Code 811 shall apply
to units regulated under this Subpart except the following:
1) The location standards in 35 Ill. Adm.
Code
811.302(a), (d), (e)
and (f);
2) The foundation and mass stability analysis
standards in 35 Ill. Adm. Code
811.304
and
811.305;
3) The final cover requirements of 35 Ill.
Adm. Code
811.314 shall
not apply to units or parts of units closed, covered and vegetated prior to the
effective date of this Part.
4) The
liner and leachate drainage and collection requirements of 35 Ill. Adm. Code
811.306,
811.307,
and
811.308;
and
5) The hydrogeological site
investigation requirements of 35 Ill. Adm. Code
811.315,
except that information shall be collected to implement a groundwater
monitoring program in accordance with 35 Ill. Adm. Code
811.318
and
811.319
and establish background concentrations for the purpose of establishing water
quality standards pursuant to 35 Ill. Adm. Code
811.320;
and
b) Units regulated
under this Subpart shall be subject to the following standards:
1) The unit must be equipped with a system
which will effectively drain and collect leachate and transport it to a
leachate management system.
2) The
owner or operator shall provide a long-term static safety factor of at least
1.5 to protect a completed unit against slope failure.
3) Calculation of the Design Period
For the purposes of calculating financial assurance for
existing landfills, other than existing MSWLF units and lateral expansions, the
design period shall be calculated as follows:
A) The design period shall be no less than
the operating life of the landfill plus fifteen years of postclosure
care;
B) The postclosure care
period shall be extended by three years for each year the unit is expected to
be in operation up to the applicable design period required by 35 Ill. Adm.
Code 811 (For example, an existing unit with expected operating lives of three,
seven or 12 years after the effective date of this Part would be required to
provide financial assurance during operation and for a postclosure care period
of either 15 years since 3 x 3 = 9 years is less than the 15 year minimum
specified in subsection (b)(3)(A); 21 years since 3 x 7 = 21 years; or 30 years
since 3 x 13 = 39 years is greater than the 30 years specified in Section
811.303(a),
respectively); and
C) The design
period may not be reduced as allowed by 35 Ill. Adm. Code
811.303(b) and
(c).
c) Airport Safety Requirements for existing
MSWLF units and lateral expansions.
1) An
owner or operator of an existing MSWLF unit or lateral expansion that is
located within 10,000 feet (3,048 meters) of any airport runway end used by
turbojet aircraft or within 5,000 feet (1,524 meters) of any airport runway end
used by only piston-type aircraft shall:
A)
Demonstrate that the unit is designed and operated so that the MSWLF unit does
not pose a bird hazard to aircraft; and
B) Place the demonstration required by
subsection (c)(1)(A) of this section in the operating record and submit a copy
of the demonstration to the Agency.
2) An owner or operator of an existing MSWLF
unit seeking a lateral expansion within a five-mile radius of any airport
runway end used by turbojet or piston-type aircraft shall notify the affected
airport and the Federal Aviation Administration (FAA).
3) For purposes of this Section:
A) "Airport" means public-use airport open to
the public without prior permission and without restrictions within the
physical capacities of available facilities.
B) "Bird hazard" means an increase in the
likelihood of bird/aircraft collisions that may cause damage to the aircraft or
injury to its occupants.
d) Notwithstanding any exemptions under
subsection (a), existing MSWLF units shall be subject to the foundation and
mass stability standards at 35 Ill. Adm. Code 811.304, 811.305 and
811.306(b).
e) Notwithstanding any
exemptions under subsection (a) or any requirements under subsection (b),
lateral expansions at existing MSWLF units shall be subject to the following
requirements:
1) The foundation and mass
stability standards at 35 Ill. Adm. Code
811.304
and 811.305;
2) The liner and
leachate drainage and collection requirements at 35 Ill. Adm. Code 811.306,
811.307, and 811.308; and
3) The
groundwater impact assessment requirements at 35 Ill. Adm. Code
811.317
f) Existing MSWLF units
that are unable to meet the location restrictions pertaining to floodplains and
airports specified at Sections 814.302(a) and 814.302(c), or the foundation and
mass stability standards specified at Section 814.302(d) shall close by October
9, 1996. Such units shall comply with all of the applicable standards of this
Part including closure and postclosure care activities.
g) The deadline for closure of required by
subsection (f) of this Section may be extended up to two years if the owner or
operator of an existing MSWLF unit demonstrates to the Agency that:
1) There is no available alternative disposal
capacity; and
2) There is no
immediate threat to human health and the environment.
BOARD NOTE: Subsection (c) is derived from
40 CFR 258.10
(1992. Subsections (f) and (g) are derived form
40 CFR
258.16(1992).
