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), (c), (d),
(e), and (f);
2) The foundation and mass stability analysis
standards in 35 Ill. Adm. Code
811.304
and
811.305;
3) The liner and leachate drainage and
collection requirements of 35 Ill. Adm. Code
811.306,
811.307,
and
811.308;
4) 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;
5) The
hydrogeological site investigation requirements of 35 Ill. Adm. Code
811.315;
6) The groundwater impact assessment
standards of 35 Ill. Adm. Code
811.317;
7) The groundwater monitoring program
requirements of 35 Ill. Adm. Code
811.318(c);
and
8) The groundwater quality
standards of 35 Ill. Adm. Code
811.320(a), (b) and
(c).
b) The following standards shall apply to
units regulated under this Subpart:
1) No new
units shall be opened and an existing unit may not expand beyond the area
included in a permit prior to the effective date of this Part or, in the case
of permit exempt facilities, beyond the area needed for landfilling to continue
until closure is initiated;
2)
After the effective date of this Part, the unit may not apply for supplemental
wastestream permits to accept new special wastes. However, the unit may
continue to accept special waste under permits existing prior to the effective
date of this Part and may renew those permits as necessary.
3) Groundwater Standards
A unit shall not contaminate a source of drinking water at
the compliance boundary, defined as any point on the edge of the unit at or
below the ground surface. At any point on the compliance boundary, the
concentration of constituents shall not exceed the water quality standards
specified in 35 Ill. Adm. Code
302.301,
302.303,
302.304,
and
302.305. The
Board may provide for a zone of attenuation and adjust the compliance boundary
in accordance with Section 28.1 of the Act and the procedures of 35 Ill. Adm.
Code 106.Subpart G upon petition demonstration by the owner or operator that
the alternative compliance boundary will not result in contamination of
groundwater which may be needed or used for human consumption. In reviewing
such petitions, the Board will consider the following factors:
A) The hydrogeological characteristics of the
unit and surrounding land, including any natural attenuation and dilution
characteristics of the aquifer;
B)
The volume and physical and chemical characteristics of the leachate;
C) The quantity, quality, and direction of
flow of groundwater underlying the facility;
D) The proximity and withdrawal rates of
groundwater users;
E) The
availability of alternative drinking water supplies;
F) The existing quality of the groundwater,
including other sources of contamination and their cumulative impacts on the
groundwater;
G) Public health,
safety, and welfare effects; and
H)
In no case shall the zone of compliance extend beyond the facility property
line or beyond the annual high water mark of any navigable surface
water.
I) Notwithstanding the
limitations of subsection 814.402(b)(3)(H), in no case shall the zone of
compliance at an existing MSWLF unit extend beyond 150 meters from the edge of
the unit.
4) 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
five years; and
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 an expected life of three years
after the effective date of this Part would be required to provide financial
assurance for nine years of postclosure care, 9 = 3 x 3.)
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 a 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 (b), 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, if the
unit is equipped with a compacted earth liner in accordance with Section
811.306(d).
4) The groundwater monitoring systems
requirements at 35 Ill. Adm. Code 811.318;
5) The groundwater quality standards at 35
Ill. Adm. 811.320.
f)
Existing MSWLF units that are unable to meet the location restrictions
pertaining to floodplains and airports specified at Sections
814.302(a)
and 302(c) following 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 814.402(b)(3)(H) implements the
compliance zone distance requirement specified at
40 CFR
258.40(d)(1992). Subsection
(c) is derived from
40 CFR 258.10.
Subsections (f) and (g) are derived from
40 CFR
258.16(1992).
