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, and to all uncontaminated soil fill operations that are required to be registered pursuant to Section 22.51a of the Act.

 

b)         This Part does not apply to:

 

1)         CCDD or uncontaminated soil that is not used as fill material in a current or former quarry, mine, or other excavation;

 

2)         The use of CCDD or uncontaminated soil as fill material in a current or former quarry, mine, or other excavation located on the site where the CCDD or uncontaminated soil was generated;

 

3)         The use of CCDD or uncontaminated soil 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;

 

BOARD NOTE: The Illinois Department of Transportation (IDOT) specifications applicable to the use of CCDD or uncontaminated soil 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 CCDD or uncontaminated soil as fill material;

 

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

 

A)        CCDD or soil that is considered "waste" under the Act or rules adopted pursuant to the Act; or

 

B)        Any material other than CCDD or uncontaminated soil, 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 or an uncontaminated soil fill operation.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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.

 

"Acceptable Detection Limit" or "ADL" means the detectable concentration of a substance that is equal to the lowest appropriate Practical Quantitation Limit (PQL) as defined in this Section.

 

"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.

 

"Aquifer" means saturated (with groundwater) soils and geologic materials which are sufficiently permeable to readily yield economically useful quantities of water to wells, springs, or streams under ordinary hydraulic gradients and whose boundaries can be identified and mapped from hydrogeologic data.  (Section 3 of the Illinois Groundwater Protection Act [415 ILCS 55/3])

 

"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 a current or former quarry, mine, or other excavation where clean construction or demolition debris is used as fill material. [415 ILCS 5/22.51(e)(3)]

 

"Clean construction or demolition debris" means uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed or other asphalt pavement, or soil generated from construction or demolition activities. For purposes of this Part, CCDD may include uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, or reclaimed or other asphalt pavement that has been painted (painted CCDD) if the painted CCDD is used as fill material at a CCDD fill operation in accordance with Section 1100. 212.  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, rock, gravel, roots, and other vegetation. [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 or uncontaminated soil fill operation.  A facility consists of an entire fill operation.  All structures used in connection with or to facilitate the fill operation will be considered a part of the facility. 

 

"Filled area" means areas within a unit where CCDD or uncontaminated soil has been placed as fill material.

 

"Fill operation" means a CCDD fill operation or an uncontaminated soil fill operation, as the context requires. 

 

"Mine" means an excavation created for the purpose of extracting ore or minerals, including, but not limited to, coal.

 

"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 fill operation.  [415 ILCS 5/22.51(e)(1)]

 

"Other excavation" means a pit other than a quarry or mine created primarily for the purpose of extracting resources, including, but not limited to, clay or other soil and 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.

 

"Owner" means a person who has any direct or indirect interest in a fill operation or in land on which a person operates and maintains a 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 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]

 

"Potentially impacted property" means property on which a historical or current use, or contaminant migration from a proximate site, increases the presence or potential presence of contamination at the source site.  "Potentially impacted property" is intended to identify soil that is more likely to be contaminated and in need of professional evaluation and certification before placement in a fill site.  Source site owners are encouraged to coordinate with the receiving facility on soil certifications.  The following should be considered when determining whether property is "potentially impacted property": the current use of the property, the prior uses of the property, and the prior and current uses of adjoining property.  For example, for transportation rights of way or utility easements, the current use of the property as a right of way or easement, the prior and current uses of the property prior to its use as a right of way or easement, and the uses of adjoining property should be considered.  One or more of the following environmental site assessment standards or policies, which are incorporated by reference at Section 1100.104, may be used for determining whether a property is "potentially impacted property":

 

ASTM E 1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, approved November 1, 2005.

 

ASTM E 1528-06 Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process, approved February 1, 2006.

 

Illinois Department of Transportation, Bureau of Design and Environment Manual, Part III Environmental Procedures, Chapter 27 Environmental Surveys, February 2011.

 

Illinois Department of Transportation, Local Roads and Street Manual, Chapter 20.

 

Illinois Department of Transportation, "A Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation Infrastructure Projects", Second Edition.

 

Illinois State Toll Highway Authority, "Environmental Studies Manual", Section F, July 2001.

 

"Practical Quantitation Limit" or "PQL" means the lowest concentration that can be reliably measured within specified limits of precision and accuracy for a specific laboratory analytical method during routine laboratory operating conditions in accordance with "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", EPA Publication No. SW-846, incorporated by reference in Section 1100.104 of this Part.

 

"Professional engineer" or "PE" means a person who has registered and obtained a seal pursuant to the Professional Engineering Practice Act of 1989 [225 ILCS 325].

 

"Professional Geologist" or "PG" means a person licensed to practice as a professional geologist pursuant to the Professional Geologist Licensing Act [225 ILCS 745].

 

"Quarry" means an open surface excavation or pit created for the purpose of extracting stone, rock, sand and gravel.

 

"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, having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwaters.  [415 ILCS 5/3.450]

 

"Site of origin" means the site where the CCDD or uncontaminated soil was generated from construction or demolition activities. 

 

"Source site operator" means a person responsible for the operation of the site of origin of the CCDD or uncontaminated soil.

 

"Source site owner" means a person having an ownership interest in the site of origin of the CCDD or uncontaminated soil.

 

"Uncontaminated soil" means soil generated during construction, remodeling, repair or demolition of utilities, structures and roads that does not contain contaminants in concentrations that pose a threat to human health and safety and the environment.  [415 ILCS 5/3.160(c)]  Subpart F of this Part establishes standards for soil that is considered uncontaminated for purposes of this Part.

 

"Uncontaminated soil fill operation" means a current or former quarry, mine, or other excavation where uncontaminated soil is used as fill material but does not include a clean construction or demolition debris fill operation. [415 ILCS 5/22.51a(a)(2)]. 

 

"Unit" means a contiguous area within a facility where CCDD or uncontaminated soil is placed as fill material.

 

"Working face" means any part of a unit where CCDD or uncontaminated soil is being placed as fill.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.104  Incorporations by Reference

 

a)         The Board incorporates the following material by reference:

 

ASTM. American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. (610) 832-9585

 

ASTM E 1527-05 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, approved November 1, 2005.

 

ASTM E 1528-06 Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process, approved February 1, 2006.

 

Illinois Department of Transportation, 2300 S. Dirksen Parkway,

Springfield IL 62764.  (217)782-7820

 

Bureau of Design and Environment Manual, Part III Environmental Procedures, Chapter 27 Environmental Surveys,  September 2010.  (Available online at http://www.dot.il.gov/desenv/Illinois%20BDE%20Manual.pdf). 

 

Bureau of Local Roads and Street Manual, Chapter 20, Fifth Edition.  (Available online at http://www.dot.il.gov/blr/manuals/Cover.pdf).

 

"A Manual for Conducting Preliminary Environmental Site Assessments for Illinois Department of Transportation Infrastructure Projects", Second Edition, 2012.

 

Illinois State Toll Highway Authority,  2700 Ogden Avenue, Downers Grove IL 60515.  (630) 241-6800.  "Environmental Studies Manual", Chapter VI, Section F, July 2001. (Available online at http://www.illinoistollway.com/documents/10157/30214/PPM_ ENVIRONMENTAL+MANUAL_07012001.PDF)

 

"Human Health Toxicity Values in Superfund Risk Assessments (2003)". U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response, Washington, DC, OSWER Directive 9285.7-53, 2003.  (Available online at http://www.epa.gov/oswer/riskassessment/pdf/

hhmemo.pdf.)

 

IRIS. Integrated Risk Information System, National Center for Environmental Assessment, United States Environmental Protection Agency, 26 West Martin Luther King Drive, MS-190, Cincinnati, OH 45268, (513) 569-7254.

 

"Reference Dose (RfD): Description and Use in Health Risk Assessments", Background Document IA (March 15, 1993).

 

"Guidelines for Carcinogen Risk Assessment (2005)". U.S. Environmental Protection Agency, Washington, DC, EPA Publication No. EPA/630/P-03/001F, 2005. (Available online at http://www.epa.gov/ttn/atw/cancer_guidelines_final_3-25-05.pdf.) 

 

NTIS. National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, (800) 553-6847:

 

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, IIIB, IVA and IVB).

 

b)         This incorporation includes no later amendments or editions.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

SUBPART B: OPERATING STANDARDS FOR CCDD FILL OPERATIONS

 

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.)

 

d)         No person shall use soil other than uncontaminated soil as fill material at a CCDD fill operation. [415 ILCS 5/22.51(g)(1)]

 

e)         No person shall use construction or demolition debris other than CCDD as fill material at a CCDD fill operation.  [415 ILCS 5/22.51(g)(2)]

 

f)         Except as provided in Section 1100.212 of this Part, no person shall use painted clean construction or demolition debris (painted CCDD) as fill material at a CCDD fill operation.

 

g)         CCDD fill operations must not accept uncontaminated soil with pH outside the range of 6.25 to 9.0.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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.

 

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 with the annual report required under Section 1100.211 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).  

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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.

 

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.

 

j)          Odor and Nuisance

The fill operation must not cause foul odors or other nuisance.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.205  Certifications and Load Checking

 

a)         The owner or operator must do all of the following activities and document all the activities for all CCDD and uncontaminated soil accepted for use as fill material:

 

1)         For all soil, including soil mixed with CCDD, obtain:

 

A)        a certification from the source site owner or source site operator that the site is not a potentially impacted property and is presumed to be uncontaminated soil, and soil pH is within the range of 6.25 to 9.0.  A certification under this subsection (a)(1)(A) must include soil pH testing results to show that the soil pH is within the range of 6.25 to 9.0.  If soil is consolidated from more than one source site, a certification must be obtained from each source site owner or source site operator; or

 

B)        a certification from a PE or PG that the soil is uncontaminated soil, and the soil pH is within the range of 6.25 to 9.0.  A certification under this subsection (a)(1)(B) must include analytical soil testing results to show that soil chemical constituents comply with the maximum allowable concentrations established pursuant to Subpart F of this Part, and the soil pH is within the range of 6.25 to 9.0.

 

2)         Certifications required under subsections (a)(1)(A) and (a)(1)(B) must be on forms and in a format prescribed by the Agency and must provide, at a minimum:

 

A)        For source site owners or source site operators who certify under subsection (a)(1)(A), the form must provide, at a minimum: 

 

i)          Description of the current and past uses of the site where the soil originated, giving consideration to, but not limited to:  use of the site  for commercial or industrial purposes; presence of any storage tanks (aboveground or underground) being located on the site; use of the site for waste treatment or disposal; any governmental notification of environmental violations pertaining to the site; any contamination in any private wells on site that exceeds the Board's groundwater quality standards; any transformers or capacitors manufactured before 1979 being used, stored, or disposed of on the site; and any fill dirt used at the site from either an unknown source or a site; 

 

ii)         Soil pH testing results to show that the soil pH is within the range of 6.25 to 9.0;

 

iii)        A certification using the following language:  In accordance with the Environmental Protection Act [415 ILCS 5/22.51 or 22.51a] and 35 Ill. Adm. Code 1100.205(a), I __________ (owner or operator of source site) certify that this site is not a potentially impacted property and the soil is presumed to be uncontaminated soil.  I also certify that the soil pH is within the range of 6.25 to 9.0.  Additionally, I certify that I am either the site owner or site operator or a duly authorized representative of the site owner or site operator and am authorized to sign this form.  Furthermore, I certify that all information submitted, including but not limited to all attachments and other information, is, to the best of my knowledge and belief, true, accurate and complete.

 

B)        For PE or PG who certify under subsection (a)(1)(B), the following language:  I ________ (name of licensed professional engineer or geologist) certify under penalty of law that the information submitted, including but not limited to all attachments and other information, is, to the best of my knowledge and belief, true, accurate and complete.  In accordance with the Environmental Protection Act [415 ILCS 5/22.51 or 22.51a] and 35 Ill. Adm. Code 1100.205(a), I certify that the soil from this site is uncontaminated soil.  I also certify that the soil pH is within the range of 6.25 to 9.0.  All necessary documentation is attached.

 

3)         Confirm and document that the CCDD or uncontaminated soil was not removed from a site as part of a cleanup or removal of contaminants, including, but not limited to, activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, as part of a Closure or Corrective Action under the Resource Conservation and Recovery Act, as amended, or under an Agency remediation program, such as the Leaking Underground Storage Tank Program or Site Remediation Program, but excluding sites subject to Section 58.16 of the Act when there is no presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on, or from the real property. 

 

4)         For all testing conducted to determine that the soil is uncontaminated, obtain documentation to show that the soil was tested in accordance with the requirements of Subpart F of this Part.

 

5)         Obtain documentation on rejected loads.

 

A)        For loads rejected from the same or another fill operation, the owner or operator may accept a rejected load if subsections (a)(1) through (a)(4) are satisfied and the owner or operator also obtains the following information:

 

i)          Information identifying the rejected load and the reasons it was rejected, including, but not limited to, a copy of the written notice the driver received pursuant to subsection (b)(4)(A) of this Section when the load was rejected;

 

ii)         Information demonstrating that the load proposed for acceptance is the rejected load identified in this subsection (a)(5);

 

iii)        Information demonstrating that the reasons for rejection of the load have been addressed by measures that would include, but not be limited to, testing and retesting of soils or removal of nonconforming materials; and

 

iv)        For all soil, including soil mixed with CCDD, a certification meeting the requirements of subsection (a)(1) of this Section that is executed after correction of the reasons for the load rejection.  This subsection (a)(5)(A)(iv) does not apply if load rejection was due to the detection of non-CCDD or non-soil material, including, but not limited to, wood, glass, piping, vegetation, plastic, metal, electrical wiring, or concrete with protruding rebar.

 

B)        Except as provided in subsection (a)(5)(A)(iv), the information required under this subsection (a)(5) must be on forms and in a format prescribed by the Agency, and must be certified by the source site owner, the source site operator, a PE or PG.  Loads accepted pursuant to this subsection (a)(5) are subject to all other requirements of this Part, including, but not limited to, the load checking program in effect at the receiving fill operation (see subsection (b)).

 

b)         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:

 

1)         Routine Inspections

 

A)        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 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.

 

B)        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.

 

2)         Random Inspections

 

A)        In addition to the inspections required under subsection (b)(1), 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 (b).  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.

 

B)        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.

 

3)         Documentation of Inspection Results:  The documentation for each inspection must include, at a minimum, the following:

 

A)        The date and time of the inspection, the date the CCDD or uncontaminated soil was received, the weight or volume of the CCDD or uncontaminated soil, the name of the hauler, the name of the hauling firm, the vehicle identification number or license plate number, the source site owner and source site operator, and the location of the site of origin of the CCDD or uncontaminated soil;

 

B)        The results of the routine inspection required under subsection (b)(1) 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;

 

C)        The results of any random inspection required under subsection (b)(2) 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

 

D)        The name of the inspector.

 

4)         Rejection of Loads

 

A)        If material other than CCDD or uncontaminated soil 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:

 

i)          That only CCDD or uncontaminated soil is accepted for use as fill at the facility;

 

ii)         The reasons for rejections of the load, that the material must not be taken to another fill operation, except as provided in subsection (b)(4)(A)(iv) or the material must be disposed of at a permitted landfill;

 

iii)        That, for all inspected loads, the owner or operator is required to record and make available for Agency inspection, at a minimum, the date and time of the inspection, the weight or volume of the CCDD or uncontaminated soil, the name of the hauler, the name of the hauling firm, the vehicle identification number or license plate number, the source site owner and source site operator, and the location of the site of origin of the fill; and

 

iv)        That a load rejected from a fill operation may be accepted by the same fill operation or another fill operation if the requirements of subsection (a)(5) are satisfied.

 

B)        The owner or operator must ensure the cleanup, transportation, and proper disposal of any material other than CCDD or uncontaminated soil that remains at the facility after the rejection of a load.

 

5)         The owner or operator must take special precautionary measures prior to accepting loads from persons or sources found or suspected to be responsible for sending or transporting material other than CCDD or uncontaminated soil to the facility.  The special precautionary measures may include, but are not limited to, communication with the source site owner or source site operator of the CCDD or uncontaminated soil, communication with the PE or PG certifying pursuant to subsection (a)(1)(B), questioning the driver about the load prior to its discharge, and increased visual inspection and instrument testing of the load.

 

6)         If material other than CCDD or uncontaminated soil is discovered to be improperly accepted or deposited at the facility, the owner or operator must remove and properly dispose of the material.

 

7)         The owner or operator must ensure that all appropriate facility personnel are properly trained in the identification of material that is not CCDD or uncontaminated soil.

 

8)         All field measurement activities relative to equipment and instrument operation, calibration and maintenance and data handling shall be conducted in accordance with the following:

 

A)        "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), Vol. One, Ch. One (Quality Control), incorporated by reference at Section 1100.104;

 

B)        The equipment or instrument manufacturer's or vendor's published standard operating procedures; or

 

C)        Other operating procedures specified in the Agency permit for CCDD facility or approved by the Agency in writing for an uncontaminated soil fill operation.

 

c)         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 for CCDD facility, or approved by the Agency in writing for an uncontaminated soil fill operation.  Documentation relating to an appeal, litigation or other disputed claim must be maintained until at least 3 years after the date of the final disposition of the appeal, litigation, or other disputed claim. The documentation must be available for inspection and copying by the Agency and by units of local government upon request during normal business hours.

 

d)         For painted CCDD to be accepted for use as fill material in accordance with Section 1100.212, the owner or operator of the CCDD fill operation must:

 

1)         Obtain a certification from a PE or PG that the painted CCDD satisfies the requirements of Section 1100.212.  The certification required under this subsection (d)(1) must be on forms and in a format prescribed by the Agency.  Documentation required by Section 1100.212(c)(2) must be attached to the certification form.

 

2)         Comply with the load checking requirements of subsection (b).

 

3)         Comply with the document retention requirements of subsection (c) for the PE or PG certification and the attached documentation required under Section 1100.212(c)(2).

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.206  Salvaging

 

a)         All salvaging operations must in no way interfere with the 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 foul odors, 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.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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 or uncontaminated soil is accepted for use as fill.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.208  Closure

 

a)         Completion of Filling

 

1)         The owner or operator is deemed to have completed filling with CCDD or uncontaminated soil:

 

A)        30 days after the date on which the facility receives the final load of CCDD or uncontaminated soil 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 or uncontaminated soil for use as fill, no later than one year after the most recent receipt of CCDD or uncontaminated soil for use as fill.

 

2)         The Agency must grant extensions beyond the one year deadline in subsection (a)(1)(B) if the owner or operator demonstrates that:

 

A)        The facility has the capacity to receive additional CCDD or uncontaminated soil 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.

 

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.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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 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.

 

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. 

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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.  For an uncontaminated soil fill operation, the first annual report shall be filed on the first of January that follows the year in which the facility is registered in accordance with this Part. 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 and uncontaminated soil accepted in the calendar year.

 

c)         Amount of CCDD and uncontaminated soil expected in the next year.

 

d)         Any modification affecting the operation of the facility.

 

e)         The signature of the owner or operator, or the owner or operator's duly authorized agent as specified in Section 1100.303.

 

f)         Annual facility map required pursuant to Section 1100.203.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.212  Use of Painted CCDD as Fill Material

 

a)         For purposes of this Part, uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, or reclaimed or other asphalt pavement that has been painted (painted CCDD) may be used as fill material at a CCDD fill operation if it is evaluated analytically under the supervision of a PE or PG and if all requirements of this Section are satisfied.  Acceptance or management of painted CCDD for any purpose other than use as fill material at a CCDD fill operation must be in accordance with applicable law and may require permits or beneficial use determinations from the Agency.  Such other purposes include, but are not limited to, processing of painted CCDD for reuse.

 

1)         The PE or PG must determine, on a site-specific basis, the number and location of paint samples that will provide a representative analysis of paint from the painted CCDD to be used as fill material.

 

2)         The PE or PG must obtain paint samples consisting of representative paint chips or scrapings that include all layers of paint in the area sampled and that minimize the amount of substrate in the sample.

 

3)         Paint samples must be analyzed for arsenic, cadmium, chromium (total), lead, mercury and zinc (contaminants of concern) using the TCLP or SPLP extraction test analytical procedures in accordance with Methods 1311 and 1312, respectively, in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," USEPA Publication No. SW-846, incorporated by reference in Section 1100.104. 

 

A)        Paint samples must not be composited for analysis, and analytical results from paint samples must not be averaged.

 

B)        All quantitative analyses of paint samples must be completed by an accredited laboratory in accordance with the requirements of 35 Ill. Adm. Code 186 and the scope of the accreditation.

 

C)        Documentation of any chemical analysis must include, but is not limited to:

 

i)          Chain of custody control;

 

ii)         A copy of the lab analysis;

 

iii)        Accreditation status of the laboratory performing the analysis; and

 

iv)        Certification by an authorized agent of the laboratory that the analysis has been performed in accordance with 35 Ill. Adm. Code 186, the Agency's rules for the accreditation of environmental laboratories and the scope of the accreditation.

 

4)         For painted CCDD to be used as fill material, analytical results for each paint sample must not exceed the chemical-specific Class I groundwater quality standard at 35 Ill. Adm. Code 620.410 for any contaminant of concern identified in subsection (a)(3) of this Section. 

 

b)         Notwithstanding subsection (a) of this Section, broken concrete, asphalt pavement, and other roadway CCDD with pavement markings, including but not limited to striping, may be used as fill material at a CCDD fill operation provided that:

 

1)         The pavement markings comply with IDOT specifications for pavement markings; and

 

2)         The CCDD is accompanied by a PE or PG certification, on forms prescribed by the Agency, affirming that the pavement markings comply with IDOT specifications for pavement markings found at Section 1095 of IDOT's "Standard Specifications for Road and Bridge Construction".

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

SUBPART C: PERMIT APPLICATION INFORMATION FOR CCDD FILL OPERATIONS

 

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:

 

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 Drinking Water 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.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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 and the uncontaminated soil being used as fill and a load checking plan describing how the owner or operator will comply with Section 1100.205;

 

b)         The types of CCDD and uncontaminated soil expected in each unit, an estimate of the maximum capacity of each unit, and the rate at which fill is to be placed in each unit;

 

c)         The estimated density of the CCDD and the uncontaminated soil;

 

d)         The length of time each unit will receive CCDD and uncontaminated soil;

 

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; 

 

g)         A description of how the owner or operator will comply with the requirements of Section 1100.207;

 

h)         A description of how the owner or operator will comply with Sections 1100.204(c) and (e);

 

i)          A description of the methods to be used for controlling dust in compliance with Section 1100.204(f);

 

j)          A description of how the owner or operator will control noise in compliance with Section 1100.204(g); 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.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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 provide written notification to the Agency within 7 days after any changes in ownership.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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

 

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 the fill operation in accordance with Section 1100.208(a)(1)(B) or (a)(2);

 

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 the fill operation 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; 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. 

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

 

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 CCDD FILL OPERATIONS

 

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.

 

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]

 

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 the 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

 

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 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 Closure

The owner or operator must provide written notification of closure to the Agency within 30 days after the date the owner or operator is deemed to have completed filling under Section 1100.208(a).

 

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 PE or PG 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

 

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 PE or PG 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), 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) 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.

 

(Source:  Amended at 36 Ill. Reg. 13892, effective August 27, 2012)

SUBPART E: UNCONTAMINATED SOIL FILL OPERATIONS

 

Section 1100.500  Prohibitions

 

a)         No person shall conduct any uncontaminated soil fill operation in violation of the Act or any regulations or standards adopted by the Board. 

 

b)         No person shall use soil other than uncontaminated soil as fill material at an uncontaminated soil fill operation. [415 ILCS 5/22.51a(b)]

 

c)         Uncontaminated soil fill operations must not accept waste for use as fill. 

 

d)         Uncontaminated soil fill operations must not accept CCDD for use as fill.  

 

e)         Uncontaminated soil fill operations must not be located inside a setback zone of a potable water supply well. 

 

f)         Uncontaminated soil fill operations must not accept uncontaminated soil with pH outside the range of 6.25 to 9.0.

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.505  Operating Standards

 

Uncontaminated soil fill operations are subject to all of the standards and requirements of Sections 1100.202 through 1100.211 of Subpart B, with the following exceptions:

 

a)         The provisions of Sections 1100.203 and 1100.210 will not apply.

 

b)         The owner or operator must conduct postclosure maintenance in accordance with Section 1100.209 for a minimum of one year after the Agency issues a certificate of closure pursuant to Section 1100.525 unless a shorter period of time for postclosure maintenance is approved by the Agency in writing.  Reasons for which the Agency may approve 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.

 

c)         The owner or operator must remove all equipment or structures not necessary for postclosure land use in accordance with Section 1100.209(a) unless otherwise approved by the Agency in writing.

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.510  Recordkeeping Requirements

 

The owner or operator must maintain an operating record at the facility or in some alternative location approved by the Agency in writing.  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.

 

b)         Written procedures for load checking, load rejection notifications, and training required under Section 1100.205.

 

c)         A site location map as described under Section 1100.304.

 

d)         A facility plan map as described under Section 1100.305.

 

e)         A narrative description of the facility as described under Section 1100.306.

 

f)         Proof of property ownership.  The owner and operator must notify the Agency within 7 days after any changes in ownership.

 

g)         A surface water control plan as described under Section 1100.308.

 

h)         A closure plan and postclosure maintenance plan as described under Sections 1100.309 and 1100.310.

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.515  Registration

 

a)         Owners and operators of uncontaminated soil fill operations must register the fill operation with the Agency.

 

1)         Uncontaminated soil fill operations must be registered with the Agency within 60 days after August 27, 2012.  Uncontaminated soil fill operations already registered with the Agency pursuant to Section 22.51a(c) of the Act must be re-registered in accordance with this subsection (a)(1). 

 

2)         Uncontaminated soil fill operations that first receive uncontaminated soil on or after August 27, 2012 must be registered with the Agency prior to the receipt of any uncontaminated soil.

 

b)         Registrations must be submitted on forms and in a format prescribed by the Agency and must include information set forth at Sections 1100.304 through 1100.310, excluding the certifications required under Section 1100.307.  

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.520  Required Signatures

 

a)         All registrations 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 registration 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.  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.

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.525  Procedures for Closure

 

a)         Notification of Closure

The owner or operator must provide written notification to the Agency within 30 days after the owner or operator begins closure in accordance with the closure plan required by Section 1100.510(h) and the closure requirements of Section 1100.208.  

 

b)         Certification of Closure

When the closure of the facility is complete, the owner or operator must submit to the Agency:

 

1)         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.

 

2)         An affidavit by the owner or operator and the seal of a PE or PG that the facility has been closed in accordance with the closure plan required by Section 1100.510(h) and the closure requirements of Section 1100.208.

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.530  Termination of Postclosure Maintenance

 

At the end of the postclosure maintenance period, the owner or operator must submit a certification by a PE or PG and an affidavit by 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 required by the postclosure maintenance plan are no longer necessary; and

 

c)         The owner or operator has completed all requirements of the postclosure maintenance plan.

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

SUBPART F: STANDARDS FOR UNCONTAMINATED SOIL USED AS FILL MATERIAL AT FILL OPERATIONS REGULATED BY THIS PART

 

Section 1100.600  Purpose and Applicability

 

a)         The purpose of this Subpart F is to establish standards for soils that are considered uncontaminated for purposes of this Part.

 

b)         This Subpart F applies only to soil that is:

 

1)         Generated during construction, remodeling, repair or demolition of utilities, structures and roads as provided in Section 3.160 of the Act; and

 

2)         Used as fill material at Clean Construction or Demolition Debris Fill Operations or Uncontaminated Soil Fill Operations as provided at Sections 22.51 and 22.51a of the Act and in this Part.

 

c)         Soil that is generated during construction, remodeling, repair or demolition of utilities, structures and roads and commingled with CCDD must satisfy the standards for maximum allowable concentrations of chemical constituents in uncontaminated soil as set forth in this Subpart F if used as fill material at CCDD Fill Operations pursuant to Section 22.51 of the Act.

 

d)         Soil or materials to which this Subpart F does not apply include, but are not limited to:

 

1)         Soil that must be managed as hazardous waste;

 

2)         Soil that has at any time been treated or diluted to reduce contaminant concentrations or contaminant mobility (e.g., treatment to reduce extraction test contaminant concentrations) except for soil that has been treated to reduce contaminants by physical separation from construction or demolition debris at the site where the soil was generated or at a site authorized by applicable law to perform such separation; and

 

3)         Soil that has been removed from a site as part of cleanup or removal of contaminants, including, but not limited to, activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended; as part of a closure of corrective action under the Resource Conservation and Recovery Act, as amended; or under an Agency remediation program, such as the leaking Underground Storage Tank Program or Site Remediation Program, but excluding sites subject to Section 58.16 of the Act where there is no presence or likely presence of a release or a substantial threat of a release of a regulated substance at, on or from the real property and excluding soil that is uncontaminated and has not been excavated or treated as part of the cleanup or removal of contaminants.  [415 ILCS 5/22.51(f)(2)(C) and 22.51a(d)(2)(C)]

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.605  Maximum Allowable Concentrations for Chemical Constituents in Uncontaminated Soils

 

a)         Except as provided for background concentrations in subsection (b), the maximum allowable concentrations for chemical constituents in uncontaminated soil must be determined pursuant to this subsection (a).

 

1)         The maximum allowable concentration for a chemical constituent in uncontaminated soil will be the lowest Tier 1 chemical-specific soil value of the exposure routes for residential and construction worker receptors set forth in 35 Ill. Adm. Code 742.Appendix B, Tables A and B (e.g., soil ingestion exposure route, outdoor inhalation exposure route, soil component of the groundwater ingestion exposure route, construction worker exposure route).  Class I values must be used when determining the lowest Tier 1 chemical-specific value for the soil component of the groundwater ingestion exposure route.  Before making the comparison among exposure routes to determine the lowest value for ionizing organic chemical constituents and inorganic chemical constituents, the requirements of subsections (a)(2) and (a)(3) must be satisfied, as applicable. 

 

2)         For ionizing organic constituents, the lowest pH-dependent value for the soil component of the Class I groundwater ingestion exposure route in 35 Ill. Adm. Code 742.Appendix B, Table C between column range 6.25 to 6.64 and column range 8.75 to 9.0 must be substituted for the pH-neutral value provided for the soil component of the Class I groundwater ingestion exposure route in 35 Ill. Adm. Code 742.Appendix B, Table A before determining the lowest Tier 1 chemical-specific soil value pursuant to subsection (a)(1) of this Section.

 

3)         For inorganic constituents, the remediation objectives for the soil component of the Class I groundwater ingestion exposure route in Appendix B, Tables A and B are based on the contaminant concentration resulting from an extraction test and are not directly comparable to the remediation objectives provided for the ingestion and inhalation exposure routes, which are based on total concentrations. The following values, based on total concentrations, must be substituted for the extraction test values in Table A before determining the lowest Tier 1 chemical-specific soil value pursuant to subsection (a)(1) of this Section:

 

A)        The lowest chemical-specific, pH-dependent value for the soil component of the Class I groundwater ingestion exposure route in 35 Ill. Adm. Code 742.Appendix B, Table C between column range 6.25 to 6.64 and column range 8.75 to 9.0; or

 

B)        For inorganic constituents that are listed in 35 Ill. Adm. Code 742.Appendix B, Table A but not in Appendix B, Table C, the extraction test values for the soil component of the groundwater ingestion exposure route in Appendix B, Table A may be multiplied by 20 (i.e., 20 liters/kilogram, the liquid to solid ratio in the extraction test assuming complete constituent leaching) to enable direct comparison with the ingestion and inhalation exposure route values.  The resulting value must be substituted for the extraction test value before determining the lowest Tier 1 chemical-specific soil value pursuant to subsection (a)(1) of this Section.

 

4)         If the lowest Tier 1 soil value for a chemical is less than the Acceptable Detection Limit (ADL), the ADL will serve as the lowest soil value.

 

5)         The total concentration of organic contaminants may not exceed the attenuation capacity of the soil as determined in accordance with 35 Ill. Adm. Code 742.215(b)(1) and (b)(1)(A) using a default value of 2000 mg/kg for the natural organic carbon fraction (f_oc).

 

b)         Background concentrations from 35 Ill. Adm. Code 742.Appendix A, Tables G and H may be used as the maximum allowable concentrations at locations specified by the tables if the most stringent exposure route value for the chemical constituent, as determined pursuant to subsection (a) of this Section, is lower than the chemical's applicable background value listed in Table G or H.  The chemical's applicable background value in Table G or H must be established based on the location of the fill operation where the soil is placed.

 

c)         For chemicals not listed in 35 Ill. Adm. Code 742.Appendix B, Table A, B or C, the values may be obtained from the Agency by making a request for chemical-specific values.

 

1)         The Agency will develop these objectives based upon USEPA's toxicity value hierarchy as specified in OSWER Directive 9285.7-53, incorporated by reference in Section 1100.104.  USEPA's Integrated Risk Management System (IRIS), incorporated by reference in Section 1100.104, is the first tier of this hierarchy.

 

2)         Calculation of the maximum allowable concentrations must use the applicable risk-based soil screening level equations from 35 Ill. Adm. Code 742.Appendix C, Table A.  Default exposure durations and contact rates from 35 Ill. Adm. Code 742.Appendix C, Table B must be used in making these calculations.

 

3)         If the person making the request of the Agency disagrees with the Agency's decision, the person who made the request may file an appeal of the Agency's decision with the Board pursuant to Section 40(a) of the Act and 35 Ill. Adm. Code 105.

 

d)         Other provisions of 35 Ill. Adm. Code 742 (e.g., institutional controls, engineered barriers, exposure route exclusions, site-specific evaluations, local area background calculations) may not be used to exclude or otherwise alter exposure routes or exposure route values for the purpose of determining the maximum allowable concentrations under this Part.

 

e)         For purposes of this Part, the Agency shall publish at its website a list of chemical-specific values for maximum allowable concentrations of chemical constituents in uncontaminated soils based on the methodology for determining those values set forth in this Section.  In addition, the Agency shall publish at its website a list of chemical-specific values for chemicals not listed in 35 Ill. Adm. Code 742.Appendix B, Tables A, B or C when values are calculated by the Agency in accordance with subsection (c) of this Section or of 35 Ill. Adm. Code 742.510(c).

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.610  Compliance Evaluation; Performance and Documentation of Soil Sampling and Chemical Analysis

 

a)         For purposes of this Subpart F, the chemical constituents to be evaluated and the soil sample points must be determined on a site-specific basis by the PE or PG.

 

b)         If soil sampling and analysis are used to evaluate compliance with the maximum allowable concentrations for chemical constituents in uncontaminated soils, compliance generally must be determined by comparing total soil concentrations from the laboratory reports with the maximum allowable concentrations as determined pursuant to Section 1100.605.  The following procedures will be required, as applicable, when making the comparisons:

 

1)         If the background value from 35 Ill. Adm. Code 742.Appendix A, Table G or H was determined to be the maximum allowable concentration in accordance with Section 1100.605 for an inorganic constituent or a polynuclear aromatic hydrocarbon constituent, compliance must be determined as follows:

 

A)        The applicable background value from Table G or H may be compared directly with the total soil concentration from the laboratory report; or

 

B)        If, as determined pursuant to Section1100.605 (a) and (b), the applicable background value for an inorganic chemical constituent from Table G has been selected as the maximum allowable concentration in place of a more stringent value for the Class I soil component of the groundwater ingestion exposure route in 35 Ill. Adm. Code 742.Appendix B, Table A, concentration in the extract from the Toxicity Characteristic Leaching Procedure (TCLP) or Synthetic Precipitation Leaching Procedure (SPLP) analytical extraction test in accordance with Methods 1311 and 1312, respectively, in SW-846, incorporated by reference at Section 1100.104, may be compared with the chemical's Class I soil component of the groundwater ingestion exposure route value in 35 Ill. Adm. Code 742.Appendix B, Table A.

 

2)         For ionizing organic constituents, if, as determined pursuant to Section 1100.605, the lowest Tier 1 chemical-specific soil value is for the soil component of the Class I groundwater ingestion exposure route, the total soil concentration from the laboratory report must be compared with the lowest corresponding pH-dependent value in 35 Ill. Adm. Code 742.Appendix B, Table C.

 

3)         For inorganic constituents and, except as provided in subsection (b)(1)(B) of this Section, if, as determined pursuant to Section 1100.605, the lowest Tier 1 chemical-specific soil value is for the soil component of the Class I groundwater ingestion exposure route, compliance must be evaluated by comparing the total soil concentration from the laboratory report using the following methods:

 

A)        Total soil concentrations from the laboratory report must be compared with the lowest chemical-specific, pH-dependent value for the soil component of the Class I groundwater ingestion exposure route in 35 Ill. Adm. Code 742.Appendix B, Table C; or

 

B)        For inorganic chemical constituents that are listed in Appendix B, Table A but not in Appendix B, Table C, the total soil concentrations from the laboratory report must be compared with the product of the extraction test values for the soil component of the Class I groundwater ingestion exposure route in Appendix B, Table A multiplied by 20 to convert to total soil concentration values; or

 

C)        As an alternative to subsections (b)(3)(A) and (b)(3)(B) of this Section, concentrations in the extract from TCLP or SPLP analytical extraction test in accordance with Methods 1311 and 1312, respectively, in SW-846 may be compared with the chemical's Class I soil component of the groundwater ingestion exposure route value in 35 Ill. Adm. Code 742.Appendix B, Table A.

 

c)         Chemical analysis of soil samples conducted under this Subpart F must be conducted in accordance with the requirements of 35 Ill. Adm. Code 742 and "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", USEPA Publication No. SW-846, incorporated by reference in Section 1100.104 [415 ILCS 5/22.51(f)(3) and 22.51a(d)(3)].  If SW-846 methods do not support detection at the concentration specified for a particular chemical constituent (e.g., aldicarb, carbofuran, endothall), the laboratory may use modified or alternative methods available to the laboratory to achieve the lowest practical detection level possible.  If concentrations of these constituents in soil are demonstrated to be equal to or lower than the applicable maximum allowable concentrations using modified or alternative methods pursuant to this subsection (c), the soil may be certified as complying with the maximum allowable concentrations.

 

d)         Compositing and averaging of soil samples.

 

1)         Samples must not be composited for analysis, except as specified in subsection (d)(2).

 

2)         Samples taken from a site that is not a potentially impacted property may be composited for analysis if samples are composited in accordance with 35 Ill. Adm. Code 742.225(c) and (d).

 

3)         Analytical results of soil samples from subsections (d)(1) and (d)(2) must not be averaged.

 

e)         All quantitative analyses of samples must be completed by an accredited laboratory in accordance with the requirements of 35 Ill. Adm. Code 186 and the scope of the accreditation.  Documentation of any chemical analysis must include, but is not limited to:

 

1)         Chain of custody control;

 

2)         A copy of the lab analysis;

 

3)         Accreditation status of the laboratory performing the analysis; and

 

4)         Certification by an authorized agent of the laboratory that the analysis has been performed in accordance with the Agency's rules for the accreditation of environmental laboratories and the scope of the accreditation.  [415 ILCS 5/22.51(f)(2)(D)]

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)

 

Section 1100.615  Waste and Materials Other Than Chemical Constituents in Soils

 

For purposes of this Part:

 

a)         Uncontaminated soil may include incidental amounts of stone, rock, gravel, roots, and other vegetation.

 

b)         Except as provided in subsection (a), soil containing waste or other materials or exceeding the standards for chemical constituents in uncontaminated soil is not uncontaminated soil and must be managed in accordance with applicable provisions of the Act and Section 1100.605.

 

1)         Soil satisfying the standards for chemical constituents in uncontaminated soil but that is commingled with general construction or demolition debris is general construction or demolition debris and must be managed as such in accordance with applicable provisions of the Act and Section 1100.605.  (See 415 ILCS 5/3.160(a).)

 

2)         Soil satisfying the standards for chemical constituents in uncontaminated soil but that is commingled with clean construction or demolition debris is clean construction or demolition debris and must be managed as such in accordance with applicable provisions of the Act and implementing rules. (See 415 ILCS 5/3.160(b).)

 

(Source:  Added at 36 Ill. Reg. 13892, effective August 27, 2012)