TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.101 PURPOSE
Section 616.101 Purpose
This Part specifies the
requirements and standards for the protection of groundwater for certain types
of new facilities or units located wholly or partially within a setback zone
regulated by the Environmental Protection Act (Act) [415 ILCS 5] or within a
regulated recharge area under Section 17.4 of the Act [415 ILCS 5/17.4].
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
 | TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.102 DEFINITIONS
Section 616.102 Definitions
Except as stated in this
Section, and unless a different meaning of a word or term is clear from the
context, the definitions of words or terms in this Part are the same as those
used in 35 Ill. Adm. Code 615.102, the Act, or the Illinois Groundwater Protection
Act [415 ILCS 55].
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.104 EXCEPTIONS TO PROHIBITIONS
Section 616.104 Exceptions
to Prohibitions
Section 14.2 of the Act sets
forth the process to obtain a waiver or exception from the setback requirements
Sections 616.402(a), 616.422(a), 616.442, 616.462(a), 616.602, 616.622, 616.702
or 616.722(a).
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.105 GENERAL EXCEPTIONS
Section 616.105 General
Exceptions
a) This Part does not apply to any facility or unit, or to the
owner or operator of any facility or unit, for which:
1) The owner or operator obtains certification of minimal hazard under
Section 14.5 of the Act; or
2) Alternate requirements are imposed in an adjusted standard
proceeding or a site-specific rulemaking under Title VII of the Act; or
3) Alternate requirements are imposed in a regulated recharge
area proceeding under Section 17.4 of the Act; or
4) The owner or operator of the facility for storage and related
handling of pesticides or fertilizers for commercial application or at a
central location for distribution to retail sales outlets that has filed a
written notice of intent under Section 14.6 of the Act with the Department
of Agriculture by January 1, 1993, or within 6 months after the date on which a
maximum setback zone is established or a regulated recharge area regulation is
adopted that affects such a facility; or has filed a written certification
of intent under Section 14.6 of the Act on the appropriate license or
renewal application form submitted to the Department of Agriculture or other
appropriate agency. [415 ILCS 5/14.6]. This exception does not apply to
those facilities that are not in compliance with the program requirements of Sections
14.6(b) and 14.6(c) of the Act.
b) Nothing in this Section limits the authority of the Board to
impose requirements on any facility or unit within any portion of any setback
zone or regulated recharge area in any adjusted standard proceeding,
site-specific rulemaking, or regulatory proceeding establishing the regulated
recharge area.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART B: GROUNDWATER MONITORING REQUIREMENTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.201 APPLICABILITY
Section 616.201
Applicability
This Subpart applies to:
a) Land treatment units subject to Subpart E;
b) Surface impoundments subject to Subpart F;
c) Pesticide storage and handling units subject to Subpart I;
d) Fertilizer storage and handling units subject to Subpart J;
e) Road oil storage and handling units subject to Subpart K; and
f) De-icing agent storage and handling units subject to Subpart
L.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.202 COMPLIANCE PERIOD
Section 616.202 Compliance
Period
The compliance period is the
active life of the unit, including closure and post-closure care periods.
a) The active life begins when the unit first begins operation or
one year after the date of first applicability, whichever occurs later, and
ends when the post-closure care period ends.
b) The post-closure care period for units other than pesticide
storage and handling units subject to Subpart I and fertilizer storage and
handling units subject to Subpart J is five years after closure, except as
provided in Section 616.211(e).
c) The post-closure care period for pesticide storage and
handling units subject to Subpart I and for fertilizer storage and handling
units subject to Subpart J is three years after closure, except as provided in
Section 616.211(e).
d) Despite subsections (a), (b), and (c), no post-closure care
period is required if all waste, waste residues, contaminated containment
system components, and contaminated subsoils are removed or decontaminated at
closure, and no ongoing corrective action is required under Section 616.211.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.203 COMPLIANCE WITH GROUNDWATER STANDARDS
Section 616.203 Compliance
With Groundwater Standards
The owner or operator must
comply with the groundwater standards.
a) The term of compliance is the compliance period.
b) Compliance must be measured at the compliance point, or
compliance points if more than one such point exists.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.204 GROUNDWATER MONITORING SYSTEM
Section 616.204 Groundwater
Monitoring System
a) The groundwater monitoring system must consist of a sufficient
number of wells, installed at appropriate locations and depths to yield
groundwater samples that:
1) Represent the quality of background water that has not been
affected by contamination from the facility or unit; and
2) Represent the quality of groundwater at the compliance point
or points.
b) If a facility contains more than one unit, separate
groundwater monitoring systems are not required for each unit, provided that
provisions for sampling the groundwater will enable detection and measurement
of contaminants that have entered the groundwater from all units.
c) Monitoring wells must meet the following requirements:
1) Construction must be done in a manner that will enable the
collection of groundwater samples;
2) Casings and screens must be made from durable material that is
resistant to expected chemical or physical degradation and that does not
interfere with the quality of groundwater samples being collected; and
3) The annular space opposite the screened section of the well
(i.e., the space between the bore hole and well screen) must be filled with
gravel or sand if necessary to collect groundwater samples. The annular space
above and below the well screen must be sealed to prevent migration of water
from overlying adjacent formations and the surface to the sampled depth.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.205 GROUNDWATER MONITORING PROGRAM
Section 616.205 Groundwater
Monitoring Program
The owner or operator must
develop a groundwater monitoring program that consists of:
a) Consistent sampling and analysis procedures that are designed
to ensure monitoring results that provide a reliable indication of groundwater
quality below the unit. At a minimum, the program must include procedures and
techniques for:
1) Sample collection;
2) Sample preservation and shipment;
3) Analytical procedures; and
4) Chain of custody control.
b) Sampling and analytical methods that are appropriate for
groundwater monitoring and that allow for detection and quantification of
contaminants specified in this Subpart, and that are consistent with the
sampling and analytical methods specified in 35 Ill. Adm. Code 620.
c) Determining the groundwater head elevation each time
groundwater is sampled.
d) Determining at least annually the groundwater flow rate and
direction.
e) If the owner or operator determines that the groundwater
monitoring program no longer satisfies the requirements of this Section, the
owner or operator must, within 90 days, make appropriate changes to the
program. Conditions under which a groundwater monitoring program no longer
satisfies the requirements of this Section include:
1) A Maximum Allowable Result (MAR) is exceeded in any monitoring
well that is being used as a background monitoring well or that the owner or
operator has previously determined to be hydraulically upgradient from the
facility; or
2) A redetermination of groundwater flow rate and direction
conducted under subsection (d) shows that the existing monitoring system is not
capable of assessing groundwater quality at the compliance points or points.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.206 REPORTING
Section 616.206 Reporting
The owner or operator must
submit the results of all monitoring required under this Subpart to the Agency
within 60 days after sampling is completed.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.207 DETERMINING BACKGROUND VALUES AND MAXIMUM ALLOWABLE RESULTS (MARS)
Section 616.207 Determining
Background Values and Maximum Allowable Results (MARs)
a) The owner or operator must, by the start of operation of the
unit and continuing for at least one year, sample each monitoring well at least
every two months and analyze each sample according to the following program:
1) For a unit subject to Subpart E (land treatment units),
Subpart F (surface impoundments), Subpart K (road oil storage and handling
units), or Subpart L (de-icing agent storage and handling units), samples must
be analyzed for pH, specific conductance, total organic carbon, total organic
halogen, and any other parameter that meets the following criteria:
A) Material containing the parameter is stored, treated, or
disposed of at the unit; and
B) There is a groundwater standard for the parameter.
2) For a unit subject to Subpart I for the storage and handling
of pesticides, analysis must be for each pesticide stored or handled at the
unit.
3) For a unit subject to Subpart J for the storage and handling
of fertilizer, samples must be analyzed for pH, specific conductance, total
organic carbon, nitrates as nitrogen, ammonia nitrogen, and any other parameter
that meets the following criteria:
A) Material containing the parameter is stored or handled at the
unit; and
B) There is a groundwater standard for the parameter.
b) The results obtained under subsection (a) must be used to
calculate the background mean, background standard deviation, and Maximum
Allowable Result (MAR) for each parameter using the following procedures:
1) Results from all samples collected during the year must be
used in the calculations unless the owner or operator demonstrates to the
Agency that one or more of the results was due to error in sampling, analysis,
or evaluation.
2) All calculations must be based on at least six sample
measurements per parameter per well.
3) If any measured value is equal to or greater than its PQL, or
if any measured value is greater than its corresponding groundwater standard,
the actual measured value must be used to calculate the mean and standard
deviation.
4) If any measured value is less than its PQL and less than its
corresponding groundwater standard, the PQL rather than the measured value must
be used in calculating the mean and standard deviation.
5) Except for pH, the MAR is the quantity equal to the measured
mean value of the contaminant plus the product of the contaminant's standard
deviation times the following constant:
|
Sample
Size
|
Constant
|
|
6
|
2.10
|
|
7
|
2.03
|
|
8
|
1.97
|
|
9
|
1.93
|
|
10
|
1.90
|
|
11
|
1.88
|
|
12
|
1.85
|
|
13
|
1.84
|
|
14
|
1.82
|
6) For pH, the upper limit for the MAR is the quantity equal to
the measured background mean pH plus the product of the calculated background
standard deviation of the samples times the constant tabulated in subsection (b)(5).
7) For pH, the lower limit of the MAR is the quantity equal to
the measured background mean pH minus the product of the calculated background
standard deviation of the samples times the constant tabulated in subsection (b)(5).
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.208 CONTINUED SAMPLING
Section 616.208 Continued
Sampling
Upon completion of the
background sampling required under Section 616.207, the owner or operator must
sample each monitoring well for the duration of the compliance period and
analyze each sample, except as provided in Section 616.209, according to the
following program:
a) For a unit subject to Subpart E (land treatment units) or
Subpart F (surface impoundments), samples must be collected at least quarterly
and analyzed for pH, specific conductance, total organic carbon, total organic
halogen, and any other parameter that meets the following criteria:
1) Material containing the parameter is stored, treated, or
disposed of at the unit; and
2) The Board has adopted a groundwater standard for the
parameter.
b) For a unit subject to Subpart I for the storage and handling
of pesticides, samples must be collected at least quarterly, except as provided
in subsection (d), and analyzed for the five specific pesticides or five groups
of chemically similar pesticides stored or handled at the unit that are the
most likely to enter into the groundwater from the unit and that are the most
toxic. The owner or operator must choose the five specific pesticides or five
groups based upon the following criteria:
1) The volume of the pesticides stored or handled at the unit;
2) The leachability characteristics of the pesticides stored or
handled at the unit;
3) The toxicity characteristics of the pesticides stored or
handled at the unit;
4) The history of spillage of the pesticides stored or handled at
the unit; and
5) Any groundwater standards for the pesticides stored or handled
at the unit.
c) For a unit subject to Subpart J for the storage and handling
of fertilizer, samples must be collected at least quarterly, except as provided
in subsection (d), and analyzed for pH, total organic carbon, nitrates as
nitrogen, ammonia nitrogen, and specific conductance.
d) Despite subsections (b) and (c), for a unit subject to Subpart
I for the storage and handling of pesticides or a unit subject to Subpart J for
the storage and handling of fertilizers, samples must be collected at least
semi-annually if all of the following conditions are met:
1) The unit is in compliance with the containment requirements of
8 Ill. Adm. Code 255; and
2) There have been no detections within the preceding two years
in any of the monitoring wells of any contaminant stored or handled at the
facility or any contaminant attributable to the operation of the unit.
e) For a unit subject to Subpart K for the storage and handling
of road oils or subject to Subpart L for the storage and handling of de-icing
agents, samples must be collected annually and analyzed for pH, specific
conductance, total organic carbon, and total organic halogen.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.209 PREVENTIVE NOTIFICATION AND PREVENTIVE RESPONSE
Section 616.209 Preventive
Notification and Preventive Response
a) Preventive notification is required for each well in which:
1) A MAR is exceeded (except for pH); or
2) There is a detection of any contaminant:
A) Required to be monitored under Section 616.207(a);
B) Listed under 35 Ill. Adm. Code 620.310(a)(3)(A) (except due to
natural causes and except for pH);
C) Denoted as a carcinogen under 35 Ill. Adm. Code 620.410(b); or
D) Subject to a standard under 35 Ill. Adm. Code 620.430 (except
due to natural causes).
b) Whenever preventive notification is required under subsection
(a), the owner or operator of the unit must confirm the detection by resampling
the monitoring well or wells. This resampling must be analyzed for each
parameter found to be present in the first sample and be performed within 30
days after the date on which the first sample analyses are received. The owner
or operator must provide preventive notification of the results of the
resampling analyses within 30 days after the date on which those analyses are
received, but no later than 90 days after the results of the first sample are
received.
c) If preventive notification is provided under subsection (b) by
the owner or operator and the applicable standard has not been exceeded, the
Agency must determine whether the levels for each parameter as set forth in 35
Ill. Adm. Code 620.310(a)(3)(A) are exceeded. If an exceedance is determined,
the Agency must notify the owner or operator in writing regarding the finding.
d) Within 60 days after receiving a notification from the Agency of
its finding that an exceedance has occurred, the owner or operator must submit
to the Agency a report that includes the degree and extent of contamination and
the measures that are being taken to minimize or eliminate the contamination,
in compliance with a prescribed schedule. The owner or operator may also
provide a demonstration that:
1) The contamination is the result of contaminants remaining in
groundwater from a prior release for which appropriate action was taken in compliance
with the laws and regulations in existence at the time of the release;
2) The source of contamination is not due to the on-site release
of contaminants; or
3) The detection resulted from error in sampling analysis or
evaluation.
e) Based upon the report in subsection (d) as well as any other
relevant information available to the Agency, the Agency must provide a written
response to the owner or operator that specifies either:
1) Concurrence with the preventive response being undertaken; or
2) Non-concurrence with the preventive response being undertaken
and a description of the inadequacies of such action.
f) An owner or operator who receives a written response of
concurrence under subsection (e) must provide periodic program reports to the
Agency regarding the implementation of the preventive response.
g) An owner or operator who receives a written response of
non-concurrence under subsection (e) must, within 30 days after receiving the
response, correct the inadequacies and resubmit the report to the Agency or
request a conference with the Agency. Within 30 days after receiving a written
request for conference, the Agency must schedule and hold the conference.
Following the conference, the Agency must provide the owner or operator with a
final determination regarding the adequacy of the preventive response.
h) An owner or operator is responsible for implementing adequate
preventive response as determined under this Section.
i) After completion of preventive response, the concentration of
a contaminant listed in 35 Ill. Adm. Code 620.310(a)(3)(A) in groundwater may
exceed 50 percent of the applicable numerical standard in 35 Ill. Adm. Code
620.Subpart D only if the following conditions are met:
1) The exceedance has been minimized to the extent practicable;
2) Beneficial use, as appropriate for the class of groundwater,
has been assured; and
3) Any threat to public health or the environment has been
minimized.
j) Nothing in this Section limits the authority of the State or
the United States to require or perform any corrective action process.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.210 CORRECTIVE ACTION PROGRAM
Section 616.210 Corrective
Action Program
Whenever any applicable
groundwater standard under 35 Ill. Adm. Code 620.Subpart D is exceeded, an
owner or operator must undertake the following corrective action:
a) Notify the Agency of the need to undertake a corrective action
program when submitting the groundwater monitoring results required under
Section 616.206. The notification must indicate in which wells and for which
parameters a groundwater standard was exceeded.
b) Continue to sample and analyze according to Section
616.208(a), except that:
1) For a unit subject to Subpart I for the storage and handling
of pesticides, samples must be collected quarterly until no measured values
above the groundwater standard have been recorded for any parameter for two
consecutive quarters.
2) For a unit subject to Subpart J for the storage and handling
of fertilizers, samples must be collected quarterly for the parameters specified
in Section 616.207(a)(3) that are stored or handled at the unit until no
measured values above the groundwater standard have been recorded for two
consecutive quarters.
c) If sample values above any groundwater standard are confirmed under
Section 616.209(b), the owner or operator must:
1) Submit to the Agency an engineering feasibility plan for a
corrective action program designed to achieve the requirements of subsections
(e) through (i).
A) The feasibility plan must be submitted to the Agency within 180
days after the date of the sample in which a groundwater standard was initially
exceeded.
B) The requirement under subsection (c) is waived if no
groundwater standard is exceeded in any sample taken under subsection (b) for
two consecutive quarters.
d) Except as provided in subsection (c)(1)(B), the Agency must
provide a written response to the owner or operator based upon the engineering
feasibility plan and any other relevant information that specifies either:
1) Concurrence with the feasibility plan for corrective action;
or
2) Non-concurrence with the feasibility plan for corrective
action and a description of the inadequacies of the plan.
e) An owner or operator who receives a written response of
concurrence under subsection (d) must provide periodic progress reports to the
Agency regarding implementation of the corrective action.
f) An owner or operator who receives a written response of
non-concurrence under subsection (d) must, within 30 days after receiving the
response, correct the inadequacies and resubmit the report to the Agency or
request a conference with the Agency. Within 30 days after receiving a written
request for a conference, the Agency must schedule and hold the conference.
Following the conference, the Agency must provide the owner or operator with a
final determination regarding the adequacy of the corrective action.
g) An owner or operator is responsible for implementing adequate corrective
action as determined under this Section.
h) Except as provided in subsection (c)(1)(B), the owner or
operator must:
1) Begin the corrective action program specified in the
engineering feasibility plan by the date of receipt of concurrence from the
Agency.
2) Establish and implement a groundwater monitoring program to
demonstrate the effectiveness of the corrective action program.
3) Take corrective action that results in compliance with the
groundwater standards:
A) At all compliance points; and
B) Beyond the unit boundary, if necessary to protect human health
and the environment, unless the owner or operator demonstrates to the Agency
that, despite the owner's or operator's best efforts, the owner or operator was
unable to obtain the necessary permission to undertake such action. The owner
or operator is not relieved of any responsibility to clean up a release that
has migrated beyond the unit boundary where off-site access is denied.
4) Continue corrective action measures to the extent necessary to
ensure that no groundwater standard is exceeded at the compliance point or
points.
5) The owner or operator may terminate corrective action measures
taken beyond the compliance period as identified in Section 616.202 if the
owner or operator can demonstrate, based on data from the post-closure
groundwater monitoring program under subsection (h)(2), that no groundwater
standard has been exceeded for three consecutive years.
6) Report in writing to the Agency on the effectiveness of the
corrective action program. The owner or operator must submit these reports
semi-annually.
7) If the owner or operator determines that the corrective action
program no longer satisfies the requirements of this Section, the owner or
operator must, within 90 days, make any appropriate changes to the program.
i) Subsections (b), (c), and (f) do not apply if the owner or
operator makes an alternative corrective action demonstration under Section
616.211.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.211 ALTERNATIVE CORRECTIVE ACTION DEMONSTRATION
Section 616.211 Alternative
Corrective Action Demonstration
If a corrective action program
is required under Section 616.210, it is presumed that contamination from the
facility or unit that is being monitored is responsible for the groundwater
standard being exceeded. An owner or operator may overcome that presumption by
making a demonstration that a source other than the facility or unit that is
being monitored caused the groundwater standard to be exceeded, or that the
cause of the groundwater standard being exceeded is due to error in sampling,
analysis or evaluation.
a) In making the demonstration, the owner or operator must:
1) Notify the Agency that the owner or operator intends to make a
demonstration under this Section when submitting the groundwater monitoring
results under Section 616.206; and
2) Submit a report to the Agency that demonstrates that a source
other than a facility or unit owned or operated by the owner or operator caused
the groundwater standard to be exceeded, or that the groundwater standard was
exceeded due to an error in sampling, analysis or evaluation. This report must
be included with the next submission of groundwater monitoring results required
under Section 616.206.
b) The Agency must provide a written response to the owner or
operator, based upon the written demonstration and any other relevant
information, that specifies either:
1) Concurrence with the written demonstration for alternative
corrective action with requirements to continue to monitor in compliance with
the groundwater monitoring program established under Sections 616.205 and
616.210; or
2) Non-concurrence with the written demonstration for alternative
corrective action and a description of the inadequacies of such demonstration.
c) An owner or operator who receives a written response of
non-concurrence under subsection (b) must, within 30 days after receiving the
response, respond to the Agency in writing or request a conference with the
Agency. Within 30 days after receiving a written request for a conference, the
Agency must schedule and hold the conference. Following the conference, the
Agency must provide the owner or operator with a final determination regarding
the adequacy of the alternative corrective action.
d) The owner or operator must begin the corrective action program
in compliance with the requirements of Section 616.210.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART C: GENERAL CLOSURE AND POST-CLOSURE REQUIREMENTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.301 APPLICABILITY
Section 616.301
Applicability
This Subpart applies to:
a) Land treatment units subject to Subpart E;
b) Surface impoundments subject to Subpart F;
c) Pesticide storage and handling units subject to Subpart I; and
d) Fertilizer storage and handling units subject to Subpart J.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.302 CLOSURE PERFORMANCE STANDARD
Section 616.302 Closure
Performance Standard
The owner or operator must close
the unit in a manner that:
a) Controls, minimizes, or eliminates, to the extent necessary to
protect human health and the environment, post-closure escape of waste, waste
constituents, leachate, contaminated runoff, or waste decomposition products to
soils, groundwaters, surface waters, or the atmosphere;
b) Minimizes the need for maintenance during and beyond the
post-closure care period; and
c) Complies with the closure requirements of 35 Ill. Adm. Code:
Subtitles C and G.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.303 CERTIFICATION OF CLOSURE
Section 616.303
Certification of Closure
Within 60 days after the closure
of each unit is completed, the owner or operator must submit to the Agency, by
registered or certified mail, a certification that the unit has been closed in compliance
with the closure requirements. The certification must be signed by the owner
or operator and by an independent registered professional engineer.
Documentation supporting the independent registered professional engineer's
certification must be furnished to the Agency upon request.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.304 SURVEY PLAT
Section 616.304 Survey Plat
a) Before the submission of the certification of closure of each
unit, the owner or operator must record with land titles and submit to the
Agency and any local zoning authority or authority with jurisdiction over local
land use a survey plat indicating the location and dimensions of any waste
disposal units, and any pesticide or fertilizer storage and handling units,
with respect to permanently surveyed benchmarks. This plat must be prepared
and certified by a registered land surveyor.
b) For pesticide storage and handling units or fertilizer storage
and handling units, records or reports required under any other State or federal
regulatory program and which contain the information required under subsection
(a) may be used to satisfy that reporting requirement.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.305 POST-CLOSURE NOTICE FOR WASTE DISPOSAL UNITS
Section 616.305 Post-Closure
Notice for Waste Disposal Units
Within 60 days after
certification of closure of the unit, the owner or operator of a unit subject
to Subpart D, E, or F must submit to the Agency, the County Recorder, and any
local zoning authority, or authority with jurisdiction over local land use a
record of the type, location and quantity of wastes disposed of within each
cell or other area of the unit.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.306 CERTIFICATION OF COMPLETION OF POST-CLOSURE CARE
Section 616.306
Certification of Completion of Post-Closure Care
Within 60 days after completion
of the established post-closure care period, the owner or operator must submit
to the Agency, by registered or certified mail, a certification that the
post-closure care period for the unit was performed in compliance with the specifications
in the approved post-closure plan. The certification must be signed by the
owner or operator and an independent registered professional engineer.
Documentation supporting the independent registered professional engineer's
certification must be furnished to the Agency upon request.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.307 POST-CLOSURE CARE PERIOD
Section 616.307 Post-Closure
Care Period
The post-closure care period is
as defined at Section 616.202.
SUBPART D: ON-SITE LANDFILLS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.401 APPLICABILITY
Section 616.401
Applicability
This Subpart applies to new
landfill units which are located wholly or partially within a setback zone or
regulated recharge area and that contain special waste or other waste generated
on-site, except that this Subpart does not apply to any new landfill unit that:
a) Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction and demolition debris;
or
b) Is exempt from this Part under Section 616.105.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.402 PROHIBITIONS
Section 616.402 Prohibitions
a) Under Sections 14.2(a), 14.2(c), and 14.3(e) of the Act, a
person must not cause or allow the construction or operation of any landfill
unit that is:
1) Located wholly or partially within a minimum setback zone and
that is either a new potential primary source or a new potential secondary
source, except as specified in Sections 616.104; or
2) Located wholly or partially within a maximum setback zone and
that is a new potential primary source, except as specified in Section 616.104.
b) A person must not cause or allow the disposal of special waste
in a new on-site landfill unit within a regulated recharge area if the distance
from the wellhead of the community water supply well to the landfill unit is
2500 feet or less, except as provided in Section 616.105.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART E: ON-SITE LAND TREATMENT UNITS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.421 APPLICABILITY
Section 616.421
Applicability
This Subpart applies to new land
treatment units that are located wholly or partially within a setback zone or
regulated recharge area and that treat or dispose of special waste or other
waste generated on-site, except that this Subpart does not apply to any new
land treatment unit that:
a) Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction and demolition debris;
or
b) Is exempt from this Part under Section 616.105.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.422 PROHIBITIONS
Section 616.422 Prohibitions
a) Under Sections 14.2(a), 14.2(c), and 14.3(e) of the Act, a
person must not cause or allow the construction or operation of any land
treatment unit that is:
1) Located wholly or partially within a minimum setback zone and
that is either a new potential primary source or a new potential secondary
source, except as specified in Sections 616.104; or
2) Located wholly or partially within a maximum setback zone and
that is a new potential primary source, except as specified in Section 616.104.
b) Nothing in this Section prohibits, within a maximum setback
zone regulated by the Act, land treatment of domestic wastewater or of sludge
resulting from the treatment of water to produce potable water if the land
treatment is conducted in compliance with the Act and 35 Ill. Adm. Code:
Subtitle C.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.423 GROUNDWATER MONITORING
Section 616.423 Groundwater
Monitoring
The owner or operator must
comply with the requirements of Subpart B.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.424 DESIGN AND OPERATING REQUIREMENTS
Section 616.424 Design and
Operating Requirements
The owner or operator must
design and operate the land treatment site in compliance with 35 Ill. Adm.
Code: Subtitle C and 35 Ill. Adm. Code: Subtitle G.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.425 CLOSURE AND POST-CLOSURE CARE
Section 616.425 Closure and
Post-Closure Care
The owner or operator must
comply with the requirements of Subpart C.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART F: ON-SITE SURFACE IMPOUNDMENTS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.441 APPLICABILITY
Section 616.441
Applicability
This Subpart applies to new
surface impoundment units that are located wholly or partially within a setback
zone or regulated recharge area and that contain special waste or other waste
generated on-site, except that this Subpart does not apply to any new surface
impoundment unit that:
a) Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction and demolition debris;
or
b) Is exempt from this Part under Section 616.105.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.442 PROHIBITIONS
Section 616.442 Prohibitions
Under Sections 14.2(a), 14.2(c),
and 14.3(e) of the Act, a person must not cause or allow the construction or
operation of any surface impoundment unit that is:
a) Located wholly or partially within a minimum setback zone and
that is either a new potential primary source or a new potential secondary
source, except as specified in Sections 616.104; or
b) Located wholly or partially within a maximum setback zone and
that is a new potential primary source, except as specified in Section 616.104.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.443 GROUNDWATER MONITORING
Section 616.443 Groundwater
Monitoring
The owner or operator must
comply with the requirements of Subpart B.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.444 DESIGN REQUIREMENTS
Section 616.444 Design
Requirements
a) The owner or operator of a surface impoundment must install
two or more liners and a leachate collection system between the liners. This
requirement to install two or more liners may be satisfied by installing a top
liner designed, operated, and constructed of materials to prevent the migration
of any constituent into the liner during the period the facility remains in
operation (including any post-closure monitoring period), and a lower liner
designed, operated, and constructed of materials to prevent the migration of
any constituent through the liner during that period. For the preceding
sentence, a lower liner satisfies the construction requirement if it is constructed
of at least a 5-foot thick layer of recompacted clay or other natural material
with a permeability of no more than 1 X 10(-7) centimeter per
second.
b) A surface impoundment must be designed, constructed,
maintained, and operated to prevent overtopping resulting from normal or
abnormal operations; overfilling; wind and wave action; rainfall; run-on;
malfunctions of level controllers, alarms, and other equipment; and human
error.
c) A surface impoundment must have dikes that are designed, constructed,
and maintained with sufficient structural integrity to prevent massive failure
of the dikes. In ensuring structural integrity, it must not be presumed that
the liner system will function without leakage during the active life of the
surface impoundment.
d) The owner or operator must maintain the following items:
1) Records describing the contents of the impoundment; and
2) A map showing the exact location and dimensions of the
impoundment, including depth with respect to permanently surveyed benchmarks.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.445 INSPECTION REQUIREMENTS
Section 616.445 Inspection
Requirements
a) During construction and installation, liners must be inspected
for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or
foreign materials). Immediately after construction or installation:
1) Synthetic liners and covers must be inspected to ensure tight
seams and joints and the absence of tears, punctures, and blisters; and
2) Soil-based and admixed liners and covers must be inspected for
imperfections including lenses, cracks, channels, root holes, or other
structural non-uniformities that may cause an increase in the permeability of
that liner or cover.
b) During operation, a surface impoundment must be inspected
weekly and after storms to detect evidence of any of the following:
1) Deterioration, malfunctions, or improper operation of
overtopping control systems;
2) Sudden drops in the level of the impoundment's contents;
3) Severe erosion or other signs of deterioration in dikes or
other containment devices; or
4) A leaking dike.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.446 OPERATING REQUIREMENTS
Section 616.446 Operating
Requirements
a) A person must not cause or allow incompatible materials to be
placed in the same surface impoundment unit.
b) A surface impoundment unit must be removed from service in compliance
with subsection (c) when:
1) The level of liquids in the unit suddenly drops and the drop
is not known to be caused by changes in the flows into or out of the unit; or
2) The dike leaks.
c) When a surface impoundment unit is removed from service as
required by subsection (b), the owner or operator must:
1) Shut off the flow or stop the addition of wastes into the
impoundment unit;
2) Contain any surface leakage that has occurred or is occurring;
3) Stop the leak;
4) Take any other necessary steps to stop or prevent catastrophic
failure;
5) If a leak cannot be stopped by any other means, empty the
impoundment unit; and
6) Notify the Agency of the removal from service and corrective
actions that were taken within 10 days after the removal from service.
d) A surface impoundment unit that has been removed from service
in compliance with the requirements of this Section may be restored to service only
if the portion of the unit that failed has been repaired.
e) A surface impoundment unit that has been removed from service
in compliance with the requirements of this Section and that is not being
repaired must be closed in compliance with the provisions of Section 616.447.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.447 CLOSURE AND POST-CLOSURE CARE
Section 616.447 Closure and
Post-Closure Care
a) If closure is to be by removal, the owner or operator must
remove all waste, all waste residues, contaminated containment system
components (e.g., liners), contaminated subsoils and structures and equipment
contaminated with waste and leachate; and, if disposed of in the State of
Illinois, dispose of them at a disposal site permitted by the Agency under the
Act.
b) If closure is not to be by removal, the owner or operator must
comply with the requirements of Subpart C and must:
1) Eliminate free liquids by removing liquid wastes or
solidifying the remaining wastes and waste residues.
2) Stabilize remaining wastes to a bearing capacity sufficient to
support final cover.
3) Cover the surface impoundment unit with a final cover designed
and constructed to:
A) Provide long-term minimization of the migration of liquids
through the closed impoundment unit;
B) Function with minimum maintenance;
C) Promote drainage and minimize erosion or abrasion of the final
cover;
D) Accommodate settling and subsidence so that the cover's
integrity is maintained; and
E) Have a permeability less than or equal to the permeability of
any bottom liner system.
c) If some waste residues or contaminated materials are left in
place at final closure, the owner or operator must comply with the requirements
of Subpart C for five years after closure and must:
1) Maintain the integrity and effectiveness of the final cover,
including making repairs to the cap as necessary to correct the effects of
settling, subsidence, erosion, or other events;
2) Maintain and monitor the groundwater monitoring system; and
3) Prevent run-on and run-off from eroding or otherwise damaging
the final cover.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART G: ON-SITE WASTE PILES
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.461 APPLICABILITY
Section 616.461
Applicability
This Subpart applies to new
waste piles that are located wholly or partially within a setback zone or
regulated recharge area and that contain special waste or other waste generated
on-site, except that this Subpart does not apply to any new waste pile that:
a) Contains solely one or more of the following: hazardous
waste, livestock waste, landscape waste, or construction and demolition debris;
or
b) Consists of sludge resulting from the treatment of domestic
wastewater from a POTW and the sludge pile is situated on an underdrained
pavement and operated in compliance with the Act, 35 Ill. Adm. Code: Subtitle
C and 35 Ill. Adm. Code: Subtitle G; or
c) Is exempt from this Part under Section 616.105.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.462 PROHIBITIONS
Section 616.462 Prohibitions
a) Under Sections 14.2(a), 14.2(c), and 14.3(e) of the Act, a
person must not cause or allow the construction or operation of any waste pile
that is:
1) Located wholly or partially within a minimum setback zone and
that is either a new potential primary source or a new potential secondary
source, except as specified in Sections 616.104; or
2) Located wholly or partially within a maximum setback zone and
that is a new potential primary source, except as specified in Section 616.104.
b) A person must not cause or allow the disposal of special waste
in a new waste pile within a regulated recharge area if the distance from the
wellhead of the community water supply well to the waste pile is 2500 feet or
less, except as provided in Section 616.105.
c) Nothing in this Section prohibits a waste pile, within a
maximum setback zone regulated by the Act, of sludge resulting from the
treatment of domestic wastewater or of sludge resulting from the treatment of
water to produce potable water, if such activities are conducted in compliance
with the Act, 35 Ill. Adm. Code: Subtitle C, Subtitle F, and Subtitle G.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.463 DESIGN AND OPERATING REQUIREMENTS
Section 616.463 Design and
Operating Requirements
a) A person must not cause or allow:
1) Disposal or storage in the waste pile of liquids or materials
containing free liquids; or
2) Migration and runoff of leachate into adjacent soil, surface
water, or groundwater.
b) A waste pile must comply with the following standards:
1) The waste pile must be under an impermeable membrane or cover
that provides protection from precipitation;
2) The waste pile must be protected from surface water run-on;
and
3) The waste pile must be designed and operated to control wind
dispersal of waste by a means other than wetting.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.464 CLOSURE
Section 616.464 Closure
The owner or operator must
complete closure by removing and disposing of all wastes and containment system
components (e.g., liners). If disposed of in the State of Illinois, the waste
and containment system components must be disposed of at a disposal site
permitted by the Agency under the Act.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART H: UNDERGROUND STORAGE TANKS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.501 APPLICABILITY
Section 616.501
Applicability
This Subpart applies to new
underground storage tanks that are located wholly or partially within a setback
zone or regulated recharge area and that contain special waste, except that
this Subpart does not apply to any new underground storage tank that:
a) Under 35 Ill. Adm. Code 731.110(a) must meet the requirements
in 35 Ill. Adm. Code 731, unless such a tank is excluded from those
requirements under 35 Ill. Adm. Code 731.110(b);
b) Has interim status or a RCRA permit under 35 Ill. Adm. Code:
Subtitle G; or
c) Is exempt from this Part under Section 616.105.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.502 DESIGN AND OPERATING REQUIREMENTS
Section 616.502 Design and
Operating Requirements
Owners and operators of new
underground storage tanks that store special waste must meet the requirements
in 35 Ill. Adm. Code 731. These requirements must be met even if the tanks are
excluded from coverage under 35 Ill. Adm. Code 731.110(b). The exclusions in
35 Ill. Adm. Code 731.110(b) do not apply to any underground storage tank that
stores special waste.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART I: PESTICIDE STORAGE AND HANDLING UNITS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.601 APPLICABILITY
Section 616.601
Applicability
a) This Subpart applies to any new unit for the storage and
handling of pesticides that is located wholly or partially within a setback
zone or regulated recharge area and that:
1) Is operated for commercial application; or
2) Stores or accumulates pesticides prior to distribution to
retail sales outlets, including a unit that is a warehouse or bulk terminal.
b) Despite subsections (a)(1) and (a)(2), this Subpart does not
apply to any unit exempt under Section 616.105.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.602 PROHIBITIONS
Section 616.602 Prohibitions
Under Sections 14.2(a), 14.2(c),
and 14.3(e) of the Act, a person must not cause or allow the construction or
operation of any unit for the storage and handling of pesticides that is:
a) Located wholly or partially within a minimum setback zone and
that is either a new potential primary source or a new potential secondary source,
except as specified in Section 616.104(a) and (b); or
b) Located wholly or partially within a maximum setback zone and
that is a new potential primary source, except as specified in Section
616.104(b).
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.603 GROUNDWATER MONITORING
Section 616.603 Groundwater
Monitoring
The owner or operator must
comply with the requirements of Subpart B.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.604 DESIGN AND OPERATING REQUIREMENTS
Section 616.604 Design and
Operating Requirements
The owner or operator must:
a) Maintain a written record inventorying all pesticides stored
or handled at the unit.
b) At least weekly when pesticides are being stored, inspect
storage containers, tanks, vents, valves, and appurtenances for leaks or
deterioration caused by corrosion or other factors. If a leak or deterioration
is found in any of these devices, the owner or operator must immediately repair
or replace the device. The owner or operator must maintain a written record of
all inspections conducted under this Section and of all maintenance relating to
leaks and deterioration of these devices.
c) Store all containers containing pesticides within a pesticide
secondary containment structure, if containers are stored outside of a roofed
structure or enclosed warehouse. For this subsection, a pesticide secondary
containment structure is a structure that complies with the design standards in
8 Ill. Adm. Code 255.
d) Maintain all written records required under this Section at
the site. The owner or operator must provide the written records to the Agency
upon request.
(Board Note:
Owners or operators of facilities or units subject to this Part may also be
subject to regulations under 8 Ill. Adm. Code 255.)
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.605 CLOSURE AND POST-CLOSURE CARE
Section 616.605 Closure and
Post-Closure Care
The owner or operator must
comply with the requirements of Subpart C.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART J: FERTILIZER STORAGE AND HANDLING UNITS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.621 APPLICABILITY
Section 616.621
Applicability
This Subpart applies to any new
unit for the storage and handling of fertilizers that is located wholly or
partially within a setback zone or regulated recharge area and that:
a) Is operated for commercial application; or
b) Stores or accumulates fertilizers prior to distribution to
retail sales outlets, including a unit that is a warehouse or bulk terminal.
c) Despite subsections (a) and (b), this Subpart does not apply
to any unit exempt under Section 616.105.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.622 PROHIBITIONS
Section 616.622 Prohibitions
Under Sections 14.2(a), 14.2(c),
and 14.3(e) of the Act, a person must not cause or allow the construction or
operation of any unit for the storage and handling of fertilizers that is:
a) Located wholly or partially within a minimum setback zone and
that is either a new potential primary source or a new potential secondary source,
except as specified in Sections 616.104; or
b) Located wholly or partially within a maximum setback zone and
that is a new potential primary source, except as specified in Section 616.104.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.623 GROUNDWATER MONITORING
Section 616.623 Groundwater
Monitoring
The owner or operator must
comply with the requirements of Subpart B.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.624 DESIGN AND OPERATING REQUIREMENTS
Section 616.624 Design and
Operating Requirements
The owner or operator must:
a) Maintain a written record inventorying all fertilizers stored
or handled at the unit.
b) At least weekly when fertilizers are being stored, inspect
storage containers, tanks, vents, valves, and appurtenances for leaks or
deterioration caused by corrosion or other factors. If a leak or deterioration
is found in any of these devices, the owner or operator must immediately repair
or replace the device. The owner or operator must maintain a written record of
all inspections conducted under this Section and of all maintenance relating to
leaks and deterioration of these devices.
c) Store all containers containing fertilizers (except anhydrous
ammonia) within a fertilizer secondary containment structure, if the containers
are stored outside of a roofed structure or enclosed warehouse. For this
subsection, a fertilizer secondary containment structure is a structure that
complies with the design standards in 8 Ill. Adm. Code 255.
d) Maintain all written records required under this Section at
the site. The owner or operator must provide the written records to the Agency
upon request.
(Board Note:
Owners or operators of facilities or units subject to this Part may also be
subject to regulations under 8 Ill. Adm. Code 255.)
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.625 CLOSURE AND POST-CLOSURE CARE
Section 616.625 Closure and
Post-Closure Care
The owner or operator must
comply with the requirements of Subpart C.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
SUBPART K: ROAD OIL STORAGE AND HANDLING UNITS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.701 APPLICABILITY
Section 616.701
Applicability
This Subpart applies to any new
unit for the storage and related handling of road oils that is located wholly
or partially within a setback zone or regulated recharge area and at which
greater than 25,000 gallons of road oils are stored or accumulated at any one
time, except as otherwise provided in Section 616.105.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.702 PROHIBITIONS
Section 616.702 Prohibitions
Under Sections 14.2(a), 14.2(c),
and 14.3(e) of the Act, a person must not cause or allow the construction or
operation of any unit for the storage and handling of road oils that is:
a) Located wholly or partially within a minimum setback zone and
that is either a new potential primary source or a new potential secondary
source, except as specified in Sections 616.104; or
b) Located wholly or partially within a maximum setback zone and
that is a new potential primary source, except as specified in Section 616.104.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.703 GROUNDWATER MONITORING
Section 616.703 Groundwater
Monitoring
The owner or operator must
comply with the requirements of Subpart B.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.704 DESIGN AND OPERATING REQUIREMENTS FOR ABOVE-GROUND STORAGE TANKS
Section 616.704 Design and
Operating Requirements for Above-Ground Storage Tanks
a) The owner or operator of a tank must not cause or allow:
1) Materials to be placed in a tank if such materials could cause
the tank to rupture, leak, corrode, or otherwise fail.
2) Uncovered tanks to be placed or operated so as to maintain
less than 60 centimeters (2 feet) of freeboard unless:
A) The tank is equipped with a containment structure (e.g., dike
or trench), a drainage control system, or a diversion structure (e.g., standby
tank); and
B) The containment structure, drainage control system, or
diversion structure has a capacity that equals or exceeds the volume of the top
60 centimeters (2 feet) of the tank.
3) Material to be continuously fed into a tank, unless the tank
is equipped with a means to stop this inflow (e.g., a feed cutoff system or a
bypass system to a standby tank).
4) Incompatible materials to be placed in the same tank.
5) Material to be placed in a tank that previously held an
incompatible material unless the incompatible material has been washed from the
tank.
6) Ignitable or reactive material to be placed in a tank unless:
A) The material is stored or treated in such a way that it is
protected from any material or conditions that may cause it to ignite or react;
or
B) The tank is used solely for emergencies.
b) The owner or operator must provide and maintain primary containment
for the tank such that:
1) The tank has a minimum shell thickness that ensures that the
tank will not fail (e.g., collapse, rupture).
2) The tank is compatible with the material to be placed in the
tank or the tank is lined with a substance that is compatible with the material
to be placed in the tank.
c) The owner or operator must provide and maintain secondary
containment for the tank that:
1) Is capable of containing the volume of the largest tank or 10%
of the total volume for all tanks, whichever is greater;
2) Is constructed of material capable of containing a spill until
cleanup occurs (e.g., concrete or clay). The base of the secondary containment
area must be capable of minimizing vertical migration of a spill until cleanup
occurs (e.g., concrete or clay);
3) Has cover (e.g., crushed rock or vegetative growth) on earthen
embankments sufficient to prevent erosion; and
4) Isolates the tank from storm water drains and from combined
storm water drains and sanitary sewer drains.
d) If incompatible materials are handled at the site, secondary
containment sufficient to isolate the units containing the incompatible
materials must be provided.
e) The owner or operator of a tank must also:
1) Test above-ground tanks and associated piping every five years
for structural integrity.
2) Remove uncontaminated storm water runoff from the secondary
containment area immediately after a precipitation event.
3) Handle contaminated storm water runoff in compliance with 35
Ill. Adm. Code 302.Subpart A.
4) Provide a method for obtaining a sample from each tank.
5) Install, maintain, and operate a material level indicator on
each tank.
6) When not in use, lock all gauges and valves that are used to
inspect levels in the tank. All such devices must be located within the
containment structure.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.705 CLOSURE
Section 616.705 Closure
a) At closure, all materials must be removed from containers,
tanks, discharge control equipment, and discharge confinement structures.
b) All materials that are to be disposed of in the State of
Illinois must be disposed of at a disposal site permitted by the Agency under
the Act.
SUBPART L: DE-ICING AGENT STORAGE AND HANDLING UNITS
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.721 APPLICABILITY
Section 616.721
Applicability
This Subpart applies to any new
facility for the storage and related handling of de-icing agents that is
located wholly or partially within a setback zone and at which more than 50,000
pounds of de-icing agent are stored or accumulated at any one time, except as
otherwise provided in Section 616.105. For the purpose of this Subpart:
a) An indoor storage unit means a storage unit with a roof
capable of protecting the de-icing agents from wind and precipitation;
b) An outdoor storage unit means a unit for the storage of
de-icing agents that is not an indoor storage unit.
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.722 PROHIBITIONS
Section 616.722 Prohibitions
a) Under Sections 14.2(a), 14.2(c), and 14.3(e) of the Act, a
person must not cause or allow the construction or operation of any unit for
the storage and handling of de-icing agents that is:
1) Located wholly or partially within a minimum setback zone and
that is either a new potential primary source or a new potential secondary
source, except as specified in Sections 616.104; or
2) Located wholly or partially within a maximum setback zone and
that is a new potential primary source, except as specified in Section 616.104.
b) A person must not cause or allow the construction or operation
within any setback zone of any outdoor facility for the storage and handling of
de-icing agents, except as provided in Section 616.105.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.723 GROUNDWATER MONITORING
Section 616.723 Groundwater
Monitoring
The owner or operator must
comply with the requirements of Subpart B.
(Source:
Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.724 DESIGN AND OPERATING REQUIREMENTS FOR INDOOR STORAGE FACILITIES
Section 616.724 Design and
Operating Requirements for Indoor Storage Facilities
a) The base of the facility must be constructed of materials
capable of containing de-icing agents (i.e., bituminous or concrete pad).
b) The roof and walls of the facility must be constructed of
materials capable of protecting the storage pile from precipitation and capable
of preventing dissolved de-icing agents from entering into the adjacent soil,
surface water, or groundwater. The walls of the facility must be constructed
of materials compatible with the de-icing agents to be placed in the facility. Run-off
from the roof must be diverted away from the loading pad.
c) The loading pad of the facility must be constructed of
materials capable of containing a spill (i.e., concrete or bituminous pad).
The borders of the loading pad must be curbed to prevent dry or dissolved
de-icing agents from migrating from the loading pad into the adjacent soils,
surface water, or groundwater. The loading pad must be covered by a roof of
sufficient size to provide the pad and de-icing agents with protection from
precipitation to prevent run-off or dissolved de-icing agents from entering
into the adjacent soil, surface water, or groundwater.
d) All areas surrounding the storage pile, including the loading
pad, must be routinely inspected to determine whether any release of de-icing
agents has occurred. These areas must be cleaned as necessary. Spilled
de-icing agents must be placed back under the protective covering of the indoor
storage pile. The storage pile must be reshaped as often as necessary to
prevent leaching.
e) The integrity of the facility and loading pad must be
maintained.
f) All areas surrounding the storage facility must be inspected
daily to determine whether any release of de-icing agents has occurred.
Spilled de-icing agents must be placed back into the storage facility.
(Source: Amended at 47 Ill. Reg. 7631, effective May 16, 2023)
| TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE F: PUBLIC WATER SUPPLIES
CHAPTER I: POLLUTION CONTROL BOARD
PART 616
NEW ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA
SECTION 616.725 CLOSURE
Section 616.725 Closure
a) At closure, all de-icing agents must be removed from the site,
drainage control equipment and discharge confinement structures.
b) All de-icing agents that are to be disposed of in the State of
Illinois must be disposed of at a disposal site permitted by the Agency under
the Act.
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