ILLINOIS POLLUTION CONTROLBOARD

May 18, 1995

IN THE MATTER OF: )

ANENDMENTSTO 35 ILL. ADM. CODE ) R95-9810.103 (SOLID WASTEDISPOSAL ) (Rulemaking)GENERALPROVISION) CONCERNING )ON-FARM’ DISPOSAL OF DEAD ANIMALS )

Proposed Rule. First Notice.

OPINION AND ORDEROF THE BOARD (by R. C. Flemal):

This matter comes before the Board upon a proposal to amendthe Board’s solid waste disposal regulations jointly filed by theIllinois Farm Bureau, Illinois Beef Association, Illinois Lamband Wool Producers, Inc., Illinois Milk Producers Association,and the Illinois Pork Producers Association (joint proponents).

The joint proponents request that the Board’s solid wastedisposal regulations be amended to clarify that an on—farm siteused for the burial disposal of dead animals, where the disposalis conducted in accordance with the Illinois Dead Animal DisposalAct (225 ILCS 610/1 et seq.), does not constitute a landfillsubject to the Board’s regulations governing landfills.

The Board’s responsibility in this matter arises from theEnvironmental Protection Act (Act) (415 ILCS 5/1 et seq. (1992)).The Board is charged therein to “determine, define and implementthe environmental control standards applicable in the State ofIllinois” (415 ILCS 5/5(b)). More generally, the Board’srulemaking charge is based on the system of checks and balancesintegral to Illinois environmental governance: the Board bearsresponsibility for the rulemaking and principal adjudicatoryfunctions; the Agency has primary responsibility foradministration of the Act and the Board’s regulations.

By today’s action the Board adopts the proposed amendmentsfor the purpose of first notice, pursuant to the IllinoisAdministrative Procedure Act (5 ILCS 100/1—1 et seq. (1992)).Publication in the Illinois Register will follow today’s action,whereupon an additional 45-day public comment period will begin

1 The Board today adds the term “on—farm” to the caption ofthis proceeding for the purpose of better characterizing thescope of the proposed amendments.

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during which interested persons may file further public comment

with the Board.

PROCEDURALHISTORY

The joint proponents filed their proposal on February 2,1995. By order of February 16, 1995 the Board accepted theproposal for hearing and granted joint proponents’ motion tosubstitute membership certifications in lieu of 200 signatures.On February 17, 1995 the hearing officer issued an orderestablishing the hearing schedule.

Hearings were held before hearing officer Audrey Lozuk—Lawless in DeKaib on April 3, 1995 and in Springfield on April10, 19952. Testimony was presented by the joint proponents, theIllinois Environmental Protection Agency (Agency), and theIllinois Department of Agriculture (Department). The jointproponents presented Nancy Erickson, Jack Fisher, Allan Ayes, andRandy Sims on behalf of the Illinois Farm Bureau; Roger Brown onbehalf of the Illinois Pork Producers Association; Kenneth McPeekand Jim Fraley on behalf of the Illinois Milk ProducersAssociation; Jamie Willrett and Scott Torrance on behalf of theIllinois Beef Association; and Joe Pickrell on behalf of theIllinois Wool and Lamb Producers. Dave Bateman presentedtestimony on own behalf as a livestock producer. A.G. Taylorpresented testimony on behalf of the Agency and Dr. David Browelltestified on behalf of the Department. All witnesses spoke insupport of the proposal.

No post—hearing public comments have been filed.

OVERVIEW

The Illinois General Assembly has long recognized thatproper disposal of dead animals is matter of public interest.Pursuant thereto, the General Assembly has enacted, and amendedas warranted, the Illinois Dead Animal Disposal Act3. TheIllinois Dead Animal Disposal Act is administered by theDepartment.

The disposal of dead animals is further governed byregulations adopted by the Department under authorities granted

2 Transcripts of the two hearings are cited herein

respectively as “Tr.l” and “Tr.2”.

~ The Illinois Dead Animal Disposal Act was originallyadopted in 1941. It was most recently amended effective January1, 1994.

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to it in the Illinois Dead Animal Disposal Act. Theseregulations are found at 8 Ill. Adm. Code 90.

At particular issue in the instant matter are theDepartment’s regulations found at 8 Ill. Adm. Code 90. 110 (b2,which deal with on—farm disposal of dead animals via burial

The Board also has various regulations governing disposalvia burial. These occur in the Board’s solid waste managementregulations, including 35 Ill. Adm. Code 810 et seq., thatprincipally govern landfills and landfilling.

The purpose of today’s proposed amendments is to clarify therelationship between the Department’s on—farm dead animaldisposal regulations and the Board’s landfill regulations. Inparticular, the purpose is to clarify that on—farm sites whereburial disposal is conducted in accordance with the Dead AnimalDisposal Act and regulations promulgated thereto are notlandf ills subject also to the Board’s landfill regulations5.

The substance of the proposal consists of the addition ofone definition, and the modification of two others, at 35 Ill.Adm. Code 810.103. Section 810.103 contains definitionsgenerally applicable within the Board’s solid waste disposalregulations. The added definition is for a “dead animal disposalsite”, which is proposed to be defined by:

“Dead animal disposal site” means an on—the—farmdisposal site at which the burial of dead animals isdone in accordance with the Illinois Dead AnimalDisposal Act, 225 ILCS 610 as amended by P.A. 88—133,effective January 1, 1994, and regulations adoptedpursuant thereto, 8 Ill. Adm. Code 90.

The modified definitions are “landfill” and “municipal solidwaste landfill unit”. Dead animal disposal sites would beexcluded from each of these definitions, and thereby fromregulation as either a landfill or municipal solid waste landfillunit.

~ Section 90.110 also addresses on—farm disposal viaincineration and coinposting. Section 90.110 was most recentlyamended effective September 16, 1994.

~ The Board observes that on—farm disposal of dead animalsthat is not conducted in accordance with the Dead Animal DisposalAct would be an action subject to enforcement under the DeadAnimal Disposal Act and the Department regulations. Moreover,such disposal would not be exempt (pursuant to today’samendments) from regulation under the Board’s solid wastedisposal regulations, and enforcement could also follow from thatcause.

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JUSTIFICATION FOR PROPOSEDAMENDMENTS

History

Need for the instant action was originally raised among thejoint proponents when it was observed that the Board’s solidwaste disposal regulations allowed for a reading that on—farmdisposal of dead animals via burial might cause the Board’slandfill regulations to come into play. (Tr.1 at 17.) Thisraised further concerns among the joint proponents that theirconstituent membership might face prohibitive expense incomplying with the landfill regulations, or alternatively faceprosecution. (Tr.1 at 17—18.)

A particular provision of the Board’s solid wasteregulations of concern to joint petitioners is the definition of“putrescible waste”6 at 35 Ill. Adm. Code 810.103, which containsthe statement:

Putrescible waste includes, but is not limited to,garbage, offal, dead animals, general household waste,and commercial waste. (emphasis added)

Joint petitioners contend that in 1990 when the Board’scurrent solid waste disposal regulations (including thedefinition of putrescible waste) were being formulated, thelivestock community was advised that the regulations wereintended to address only dead animals going into municipallandfills. (Tr.1 at 17.) The joint proponents neverthelessbelieved that greater clarification was needed. (Tr.]. at 18.)

The initial regulatory action undertaken by the jointproponents was to seek amendment of the Department’s animaldisposal regulations at 8 Ill. Adm. Code 90. (Tr.1 at 19) Thisincluded putting into place the current on—farm burialregulations at 90.110(b). Provisions at 90.110(b) include:restriction of burial to premises owned or operated by the ownerof the dead animal; requiring burial sites to have a minimum of200 or 400 foot setbacks from streams, wells, and other watersources; requiring a minimum setback from residences; impositionof measures to minimize disease and nuisance vectors and soilerosion; imposition of final cover and slope requirements;authorization of site inspection by the Department; andlimitations on the number of animals that can be buried per siteand area over time.

The joint proponents, the Department, and the Agency allagree that the provisions at 90.110(b) offer sufficientenvironmental protection for on—farm disposal such that any

6 Putrescible waste is one of the main categories of waste

governed by the Board’s landfill regulations.

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additional requirements that would flow having the Board’s solidwaste disposal regulations (e.g., landfill permits, liners,leachate collection systems, groundwater monitoring) are not onlyburdensome, but unnecessary. (Tr.1 at 26.)

Disposal Options

Death of animals is an unwelcome but integral element of anylivestock operation. (Tr.1 at 31, 53; Tr.2 at 25-26.) Annualon-farm losses of livestock are typically 1% to 4%, dependingupon the type of animal and operation. (Tr.1 at 27, 37.)

There are a number of potential options available for thedisposal of dead animals. These include rendering, incineration,composting, off-site burial disposal, and on-site burialdisposal.

Rendering was once a principal method of disposal of deadanimals. It was accomplished by commercial renders who providedat-farm pickup services. However, due to a lack of demand foranimal by—products, few renderers remain in business (Tr. I at28, 33, 62), and even these provide a service limited to onlycertain types of animals and pickup opportunities (Tr.1 at 28,41, 48; Tr.2 at 17.) At present there is no renderer operatingout of the entire northern half of the State. (Tr.1 at 89.)Accordingly, disposal via rendering is of limited prospect formany livestock producers.

Disposal via incineration in a permitted incinerator isallowed by regulation, but is generally not economical. (Tr.1 at62.) Capitalization alone for an approvable incinerator rangesfrom $12,000 to $20,000. (Pr 1 at 29, 32.) In addition, thereare substantial operation costs and the need to obtain andmaintain operating permits. (Tr.1 at 32—33; Tr.2 at 30.)

Composting regulations are currently under development. Atthis juncture, however, it would not appear that composting willbe a viable disposal mechanism for other than quite small animals(e.g., chickens, newborn pigs) and fish. (Tr.1 at 49, 63.)

Off-site burial disposal of dead agricultural animals may beundertaken only at permitted landfills, pursuant to the Board’ssolid waste disposal regulations. While disposal at landfills isthe acceptable disposal method for some livestock producers, itis not workable for many others due to the high cost oftransportation and tipping, as well as the refusal of manylandfills to even accept dead animals. (Tr.l at 28, so; Tr.2 at18, 25.)

By elimination, the only economical and practical method ofdisposal available to many producers is on—farm burial.Moreover, on—farm burial disposal has the advantage of allowing

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for timely disposal, which is an important factor in disease

control. (Tr.l at 31, 34; Tr.2 at 24.)

CONCLUSION

The Board believes, as the joint proponents, Department, andAgency all contend, that on—farm burial conducted in accordancewith the Dead Animal Disposal Act and the Department’s attendantregulations is environmentally sound.

The Board further observes that it was never our intentionto have properly conducted, on—farm disposal of dead animals comeunder the jurisdiction of our landfill regulations. We agreewith the joint proponents that the panoply of requirementsdemanded for the proper construction and operation of a solidwaste landfill are unnecessary and unwarranted for the type ofon—farm burial disposal of concern to the joint proponents.

Accordingly, we today find that the record before usjustifies adopting the joint proponents’ proposal for firstnotice. The Board will again review the record in this matterupon completion of the first notice period, and determinethereupon whether the record continues to support moving thismatter towards adoption.

ORDER

The Board hereby proposes for first notice the followingamendments to 35 Ill. Adm. Code 810. The Clerk of the Board isdirected to file these proposed rules with the Secretary ofState.

TITLE 35: ENVIRONMENTALPROTECTIONSUBTITLE G: WASTEDISPOSAL

CHAPTERI: POLLUTION CONTROLBOARDSUBCHAPTERi: SOLID WASTEAND SPECIAL WASTE HAULING

PART 810SOLID WASTEDISPOSAL: GENERAL PROVISIONS

Section810.101 Scope and Applicability810.102 Severability810.103 Definitions810.104 Incorporations by Reference

AUTHORITY: Implementing Sections 5, 21, 21.1, 22 and 22.17, andauthorized by Section 27 of the Environmental Protection Act(Ill. Rev. Stat. 1991, ch. 111½, pars. 1005, 1021, 1021.1, 1022,1022.17 and 1027) (415 ILCS 5/5, 21, 21.1, 22, 22.17, 28.1 and27).

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SOURCE: Adopted in R88—7 at 14 Ill. Reg. 15838, effectiveSeptember 18, 1990; amended in R93-10 at 18 Ill. Reg. 1268,effective January 13, 1994; amended in R90—26 at 18 Ill. Reg.12457, effective August 1, 1994; amended in R95-9 at 19 Ill. Reg.___________, effective _______________________

NOTE: Capitalization indicates statutory language.

Section 810.103 Definitions

Except as stated in this Section, or unless a different meaningof a word or term is clear from the context, the definition ofwords or terms in this Part shall be the same as that applied tothe same words or terms in the Environmental Protection Act (Act)(Ill. Rev. Stat. 1991, ch. 111½, pars. 1001 et. seq.) (415 ILCS5/13:

“Act” means the Environmental Protection Act, Ill. Rev.Stat. 1991, ch. 111½, pars. 1001 et. seq (415 ILCS 5].

“AGENCY” IS THE ENVIRONMENTALPROTECTION AGENCYESTABLISHED BY THE ENVIRONMENTALPROTECTION ACT.(Section 3.08 of the Act.)

“Admixtures” are chemicals added to earth materials toimprove for a specific application the physical orchemical properties of the earth materials. Admixturesinclude, but are not limited to: lime, cement,bentonite and sodium silicate.

“Applicant” means the person, submitting an applicationto the Agency for a permit for a solid waste disposalfacility.

“AQUIFER” MEANS SATURATED (WITH GROUNDWATER)SOILS ANDGEOLOGICMATERIALS WHICH ARE SUFFICIENTLY PERMEABLETOREADILY YIELD ECONOMICALLYUSEFUL QUANTITIES OF WATERTO WELLS, SPRINGS, OR STREAMSUNDERORDINARY HYDRAULICGRADIENTS and whose boundaries can be identified andmapped from hydrogeologic data. (Section 3 of theIllinois Groundwater Protection Act (Ill. Rev. Stat.1989, ch. ill 1/2, par. 7453).)

“Bedrock” means the solid rock formation immediatelyunderlying any loose superficial material such as soil,alluvium or glacial drift.

“Beneficially usable waste” means any solid waste fromthe steel and foundry industries that will notdecompose biologically, burn, serve as food forvectors, form a gas, cause an odor, or form a leachatethat contains constituents that exceed the limits for

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this type of waste as specified at 35 Ill. Adm. Code

817.106.

“BOARD” IS THE POLLUTION CONTROLBOARD ESTABLISHED BY

THE ACT. (Section 3.04 of the Act.)

“Borrow area” means an area from which earthen materialis excavated for the purpose of constructing dailycover, final cover, a liner, a gas venting system,roadways or berms.

“Chemical waste” means a non—putrescible solid whosecharacteristics are such that any contaminated leachateis expected to be formed through chemical or physicalprocesses, rather than biological processes, and no gasis expected to be formed as a result.

“Contaminated leachate” means any leachate whoseconstituent violate the standards of 35 Ill. Adm. Code811.202.

“Dead animal disposal site” means an on—the—farmdisposal site at which the burial of dead animals isdone in accordance with the Illinois Dead AnimalDisposal Act. 225 ILCS 610 as amended by P.A. 88-133.effective January 1. 1994. and regulations adoptedpursuant thereto. 8 Ill. Adm. Code 90.

“Design Period” means that length of time determined bythe sum of the operating life of the solid wastelandfill facility plus the postc].osure care periodnecessary to stabilize the waste in the units.

“DISPOSAL” MEANS THE DISCHARGE, DEPOSIT, INJECTION,DUMPING, SPILLING, LEAKING OR PLACING OF ANY SOLIDWASTE INTO OR ON ANY LAND OR WATER OR INTO ANY WELLSUCH THAT SOLID WASTEOR ANY CONSTITUENT OF THE SOLIDWASTE MAY ENTER THE ENVIRONMENT BY BEING EMITTED INTOTHE AIR OR DISCHARGEDINTO ANY WATERS, INCLUDINGGROUNDWATER. (Section 3.08 of the Act.) If the solidwaste is accumulated and not confined or contained toprevent its entry into the environment, or there is nocertain plan for its disposal elsewhere, suchaccumulation shall constitute disposal.

“Disturbed areas” means those areas within a facilitythat have been physically altered during waste disposaloperations or during the construction of any part ofthe facility.

“Documentation” means items, in any tangible form,whether directly legible or legible with the aid of anymachine or device, including but not limited to

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affidavits, certificates, deeds, leases,’contracts orother binding agreements, licenses, permits,photographs, audio or video recordings, maps,geographic surveys, chemical and mathematical formulasor equations, mathematical and statistical calculationsand assumptions, research papers, technical reports,technical designs and design drawings, stocks, bondsand financial records, that are used to support factsor hypotheses.

“Earth liners” means structures constructed fromnaturally occurring soil material that has beencompacted to achieve a low permeability.

“Existing facility” or “Existing unit” means a facilityor unit which is not defined in this Section as a newfacility or a new unit.

“EXISTING MSWLFUNIT” MEANS ANY MUNICIPAL SOLID WASTELANDFILL UNIT THAT HAS RECEIVED HOUSEHOLDWASTEBEFOREOCTOBER9, 1993. (Section 3.87 of the Act)

“Facility” means a site and all equipment and fixtureson a site used to treat, store or dispose of solid orspecial wastes. A facility consists of an entire solidor special waste treatment, storage or disposaloperation. All structures used in connection with orto facilitate the waste disposal operation shall beconsidered a part of the facility. A facility mayinclude, but is not limited to, one or more solid wastedisposal units, buildings, treatment systems,processing and storage operations, and monitoring sta-tions.

“Field capacity” means that maximum moisture content ofa waste, under field conditions of temperature andpressure, above which moisture is released by gravitydrainage.

“Foundry sand” means pure sand or a mixture of sand andany additives necessary for use of the sand in thefoundry process, but does not include such foundryprocess by—products as air pollution control dust orrefractories.

“Gas collection system” means a system of wells,trenches, pipes and other related ancillary structuressuch as manholes, compressor housing, and monitoringinstallations that collects and transports the gasproduced in a putrescible waste disposal unit to one ormore gas processing points. The flow of gas throughsuch a system may be produced by naturally occurring

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gas pressure gradients or may be aided by an induceddraft generated by mechanical means.

“Gas condensate” means the liquid formed as a landfillgas is cooled or compressed.

“Gas venting system” means a system of wells, trenches,pipes and other related structures that vents the gasproduced in a putrescible waste disposal unit to theatmosphere.

“Geomembranes” means manufactured membrane liners andbarriers of low permeability used to control the migra-tion of fluids or gases.

“Geotextiles” are permeable manufactured materials usedfor purposes which include, but are not limited to,strengthening soil, providing a filter to preventclogging of drains, collecting and draining liquids andgases beneath the ground surface.

“GROUNDWATER” MEANSUNDERGROUNDWATER WHICH OCCURSWITHIN THE SATURATED ZONE AND WITHIN GEOLOGICMATERIALSWHERE THE FLUID PRESSURE IN THE PORE SPACE IS EQUAL TOOR GREATERTHAN ATMOSPHERICPRESSURE. (Section 3 ofthe Illinois Groundwater Protection Act)

“HOUSEHOLDWASTE” MEANSANY SOLID WASTE (INCLUDINGGARBAGE, TRASH, AND SANITARY WASTE IN SEPTIC TANKS)DERIVED FROMHOUSEHOLDS(INCLUDING SINGLE AND MULTIPLERESIDENCES, HOTELS AND MOTELS, BUNKHOUSES,RANGERSTATIONS, CREWQUARTERS, CAMPGROUNDS,PICNIC GROUNDS,AND DAY-USE RECREATIONAREAS). (Section 3.89 of theAct)

“Hydraulic barriers” means structures designed toprevent or control the seepage of water. Hydraulicbarriers include, but are not limited to cutoff walls,slurry walls, grout curtains and liners.

“Inert waste” means any solid waste that will notdecompose biologically, burn, serve as food forvectors, form a gas, cause an odor, or form acontaminated leachate, as determined in accordance withSection 811.202(b). Such inert wastes shall includeonly non—biodegradable and non—putrescible solidwastes. Inert wastes may include, but are not limitedto, bricks, masonry and concrete (cured for 60 days ormore).

“Iron slag” means slag.

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“Land application unit” means an area where wastes areagronomically spread over or disked into land orotherwise applied so as to become incorporated into thesoil surface. Far the purposes of this Part and 35Ill. Adm. Code 811 through 815, a land application unitis not a landfill; however, other Parts of 35 Ill. Adm.Code: Chapter I may apply, and may include thepermitting requirements of 35 Ill. Adm. Code 309.

“Landfill” means a unit or part of a facility in or onwhich waste is placed and accumulated over time fordisposal, and which is not a land application unit, asurface impoundment, a dead animal disposal site or anunderground injection well. For the purposes of thisPart and 35 Ill. Adm. Code 811 through 815, landfillsinclude waste piles, as defined in this Section.

“LATERAL EXPANSION” MEANSA HORIZONTAL EXPANSION OF THEACTUAL WASTEBOUNDARIESOF AN EXISTING MSWLFUNITOCCURRINGON OR AFTER OCTOBER9, 1993. FOR PURPOSESOFTHIS SECTION, A HORIZONTAL EXPANSION IS ANY AREA WHERESOLID WASTE IS PLACED FOR THE FIRST TIME DIRECTLY UPONTHE BOTTOMLINER OF THE UNIT, EXCLUDING SIDE SLOPES ONOR AFTER OCTOBER9, 1993. (Section 3.88 Of the Act)

“Leachate” means liquid that has been or is in directcontact with a solid waste.

“Lift” means an accumulation of waste which iscompacted into a unit and over which cover is placed.

“Low risk waste” means any solid waste from the steeland foundry industries that will not decomposebiologically, burn, serve as food for vectors, form agas, cause an odor, or form a leachate that containsconstituents that exceed the limits for this type ofwaste as specified at 35 Ill. Adm. Code 817.106.

“Nalodor” means an odor caused by ONE OR MORECONTAMINANTEMISSIONS INTO THE ATMOSPHEREFROMAFACILITY THAT IS IN SUFFICIENT QUANTITIES AND OF SUCHCHARACTERISTICS AND DURATION AS TO BE described asmalodorous and which may be INJURIOUS TO HUMAN, PLANT,OR ANIMAL LIFE, TO HEALTH, OR TO PROPERTY, OR TOUNREASONABLYINTERFERE WITH THE ENJOYMENTOF LIFE ORPROPERTY. (Section 3.02 of the Act (defining “airpollution”).)

“MUNICIPAL SOLID WASTE LANDFILL UNIT” OR “MSWLF UNIT”MEANSA CONTIGUOUSAREA OF LAND OR AN EXCAVATION THATRECEIVES HOUSEHOLDWASTE, AND THAT IS NOT A LANDAPPLICATION, SURFACEIMPOUNDMENT, a dead animaldisposal site. INJECTION WELL, OR ANY PILE OF

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NONCONTAINERIZEDACCUMULATIONSOF SOLID, NONFLOWINGWASTETHAT IS USED FOR TREATMENTOR STORAGE. A MSWLFUNIT MAY ALSO RECEIVE OTHER TYPES OF RCRA SUBTITLE DWASTES, SUCH AS COMMERCIALSOLID WASTE, NONHAZARDOUSSLUDGE, SMALL QUANTITY GENERATORWASTEAND INDUSTRIALSOLID WASTE. SUCH A LANDFILL MAY BE PUBLICLY ORPRIVATELY OWNEDOR OPERATED. A MSWLFUNIT MAY BE A NEWMSWLFUNIT, AN EXISTING MSWLFUNIT OR A LATERALEXPANSION. A SANITARY LANDFILL IS SUBJECT TOREGULATIONAS A MSWLFIF IT RECEIVES HOUSEHOLDWASTE.(Section 3.85 of the Act)

“National Pollutant Discharge Elimination System” or“NPDES” means the program for issuing, modifying,revoking and reissuing, terminating, monitoring andenforcing permits and imposing and enforcingpretreatment requirements under the Clean Water Act (33U.S.C. 1251 et seq.), Section 12(f) of theEnvironmental Protection Act and 35 Ill. Adm. Code309.Subpart A and 310. “NPDES permit” means a permitissued under the NPDES program.

“New facility” or “New unit” means a solid wastelandfill facility or a unit at a facility, if one ormore of the following conditions apply:

It is a landfill or unit exempt from permitrequirements pursuant to Section 21(d) of the Actthat has not yet accepted any waste as ofSeptember 18, 1990;

It is a landfill or unit not exempt from permitrequirements pursuant to Section 21(d) of the Actthat has no development or operating permit issuedby the Agency pursuant to 35 Ill. Adm. Code 807 asof September 18, 1990; or

It is a landfill with a unit whose maximum designcapacity or lateral extent is increased afterSeptember 18, 1990.

BOARDNOTE: A new unit located in an existing facilityshall be considered a unit subject to 35 Ill. Adiu. Code814, which references applicable requirements of 35Ill. Adm. Code 811.

“NEW MSWLFUNIT” MEANSANY MUNICIPAL SOLID WASTELANDFILL UNIT THAT HAS RECEIVED HOUSEHOLDWASTE ON ORAFTER OCTOBER9, 1993 FOR THE FIRST TIME. (Section3.86 of the Act)

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“One hundred (100) year flood plain” means any landarea which is subject to a one percent or greaterchance of flooding in a given year from any source.

“One hundred (100) year, 24 hour precipitation event”means a precipitation event of 24 hour duration with aprobable recurrence interval of once in 100 years.

“Operator” means the person responsible for theoperation and maintenance of a solid waste disposalfacility.

“Owner” means a person who has an interest, directly orindirectly, in land, including a leasehold interest, onwhich a person operates and maintains a solid wastedisposal facility. The “owner” is the “operator” ifthere is no other person who is operating andmaintaining a solid waste disposal facility.

“Perched watertable” means an elevated watertable abovea discontinuous saturated lens, resting on a lowpermeability (such as clay) layer within a highpermeability (such as sand) formation.

“Permit area” means the entire horizontal and verticalregion occupied by a permitted solid waste disposalfacility.

“PERSON” IS ANY INDIVIDUAL, PARTNERSHIP, CO-PARTNERSHIP, FIRM, COMPANY, CORPORATION, ASSOCIATION,JOINT STOCK COMPANY, TRUST, ESTATE, POLITICALSUBDIVISION, STATE AGENCY, OR ANY OTHER LEGAL ENTITY,OR THEIR LEGAL REPRESENTATIVE, AGENT OR ASSIGNS.(Section 3.26 of the Act.)

“Potentially usable waste” means any solid waste fromthe steel and foundry industries that will notdecompose biologically, burn, serve as food forvectors, form a gas, cause an odor, or form a leachatethat contains constituents that exceed the limits forthis type of waste as specified at 35 Ill. Adm. Code817.106.

“Professional engineer” means a person who hasregistered and obtained a seal pursuant to “TheIllinois Professional Engineering Act” (Ill. Rev. Stat1989, ch. 111, par. 5101 et seq.).

“Professional land surveyor” means a person who hasreceived a certificate of registration and a sealpursuant to “The Land Surveyors Act” (Ill. Rev. Stat.1989, ch. 111, par. 3201 et seq.).

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“putrescible waste” means a solid waste that containsorganic matter capable of being decomposed bymicroorganisms so as to cause a malodor, gases, orother offensive conditions, or which is capable ofproviding food for birds and vectors. Putresciblewastes may form a contaminated leachate frommicrobiological degradation, chemical processes, andphysical processes. Putrescible waste includes, but isnot limited to, garbage, offal, dead animals, generalhousehold waste, and commercial waste. All solidwastes which do not meet the definitions of inert orchemical wastes shall be considered putrescible wastes.

“Publicly owned treatment works” or “POTW” means atreatment works that is owned by the State of Illinoisor a unit of local government. This definitionincludes any devices and systems used in the storage,treatment, recycling and reclamation of municipalsewage or industrial wastewater. It also includessewers, pipes and other conveyances only if they conveywastewater to a POTWtreatment plant. The term alsomeans the unit of local government which hasjurisdiction over the indirect discharges to and thedischarges from such a treatment works.

“RESOURCECONSERVATIONRECOVERYACT” “RCRA” MEANS THERESOURCECONSERVATIONAND RECOVERYACT OF 1976 (P.L.94—580 Codified as 42 USC. SS 6901 et seq.) AS AMENDED.(Section 3.90 of the Act)

“Recharge zone” means an area through which water canenter an aquifer.

“Responsible charge,” when used to refer to a person,means that the person is normally present at a wastedisposal site; directs the day—to-day overall operationat the site; and either is the owner or operator or isemployed by or under contract with the owner oroperator to assure that the day—to—day operations atthe site are carried out in compliance with any Part of35 Ill. Adm. Code: Chapter I governing operations atwaste disposal sites.

“Runoff” means water resulting from precipitation thatflows overland before it enters a defined stream chan-nel, any portion of such overland flow that infiltratesinto the ground before it reaches the stream channel,and any precipitation that falls directly into a streamchannel.

“Salvaging” means the return of waste materials to use,under the supervision of the landfill operator, so longas the activity is confined to an area remote from the

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operating face of the landfill, it does not interferewith or otherwise delay the operations of the landfill,and it results in the removal of all materials forsalvaging from the landfill site daily or separatesthem by type and stores them in a manner that does notcreate a nuisance, harbor vectors or cause an unsightlyappearance.

“Scavenging” means the removal of materials from asolid waste management facility or unit which is notsalvaging .

“Seismic Slope Safety Factor” means the ratio betweenthe resisting forces or moments in a slope and thedriving forces or moments that may cause a massiveslope failure during an earthquake or other seismicevent such as an explosion.

“Settlement” means subsidence caused by waste loading,changes in groundwater level, chemical changes withinthe soil and adjacent operations involving excavation.

“Shredding” means the mechanical reduction in particlesizes of solid waste. Putrescible waste is consideredshredded if 90 percent of the waste by dry weightpasses a 3 inch sieve.

“Significant Modification” means a modification to anapproved permit issued by the Agency in accordance withSection 39 of the Act and 35 Ill. Adin. Code 813 that isrequired when one or more of the following changes,considered significant when that change measured by oneor more parameters whose values lie outside theexpected operating range of values as specified in thepermit, are planned, occur or will occur:

An increase in the capacity of the waste disposalunit over the permitted capacity;

Any change in the placement of daily, intermediateor final cover;

A decrease in performance, efficiency or longevityof the liner system;

A decrease in efficiency or performance of theleachate collection system;

A change in configuration, performance, orefficiency of the leachate management system;

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A change in the final disposition of treatedeffluent or in the quality of the discharge fromthe leachate treatment or pretreatment system;

Installation of a gas managementsystem, or adecrease in the efficiency or performance of anexisting gas management system;

A change in the performance or operation of thesurface water control system;

A decrease in the quality or quantity of data fromany environmental monitoring system;

A change in the applicable background concentra-tions or the maximum allowable predictedconcentrations;

A change in the design or configuration of theregraded area after development or after finalclosure;

A change in the amount or type of postclosure

financial assurance;

Any change in the permit boundary;

A change in the postclosure land use of theproperty;

A remedial action necessary to protectgroundwater;

Transfer of the permit to a new operator;

Operating authorization is being sought to placeinto service a structure constructed pursuant to aconstruction quality assurance program; or

A change in any requirement set forth as a specialcondition in the permit.

“Slag” means the fused agglomerate which separates inthe iron and steel production and floats on the surfaceof the molten metal.

“Sole source aquifer” means those aquifers designatedpursuant to Section 1424(e) of the Safe Drinking WaterAct of 1974, (42 U.S.C 300h—3).

“Solid Waste” means a waste that is defined in thisSection as an inert waste, as a putrescible waste, as achemical waste or as a special waste, and which is not

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also defined as a hazardous waste pursuant to 35 Ill.Adm. Code 721.

“SPECIAL WASTE” MEANS ANY INDUSTRIAL PROCESSWASTE,POLLUTION CONTROL WASTE OR HAZARDOUS WASTE, EXCEPT ASDETERMINED PURSUANTTO SECTION 229 OF THE ACT and 35Ill. Adm. Code 808. (Section 3.45 of the Act.)

“Static Safety Factor” means the ratio betweenresisting forces or moments in a slope and the drivingforces or moments that may cause a massive slopefailure.

“Steel slag” means slag.

“Surface impoundment” means a natural topographicdepression, a man—madeexcavation, or a diked area intowhich flowing wastes, such as liquid wastes or wastescontaining free liquids, are placed. For the purposesof this Part and 35 Ill. Adm. Code 811 through 815, asurface impoundment is not a landfill. Other Parts of35 111. Admu. Code: Chapter I may apply, including thepermitting requirements of 35 Iii. Adm. Code 309.

“Twenty-five (25) year, 24 hour precipitation event”means a precipitation event of 24 hour duration with aprobable recurrence interval of once in 25 years.

“Uppermost aquifer” means the first geologic formationabove or below the bottom elevation of a constructedliner or wastes, where no liner is present, which is anaquifer, and includes any lower aquifer that ishydraulically connected with this aquifer within thefacility’s permit area.

“Unit” means a contiguous area used for solid wastedisposal.

“Unit of local government” means a unit of localgovernment, as defined by Article 7, Section 1 of theIllinois Constitution. A unit of local government mayinclude, but is not limited to, a municipality, acounty, or a sanitary district.

“Waste pile” means an area on which non—containerizedmasses of solid, non flowing wastes are placed fordisposal. For the purposes of this Part and 35 Ill.Adm. Code 811 through 815, a waste pile is a landfill,unless the operator can demonstrate that the wastes arenot accumulated over time for disposal. At a minimum,such demonstration shall include photographs, recordsor other observable or discernable information,maintained on a yearly basis, that show that within the

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preceding year the waste has been removed forutilization or disposed elsewhere.

“Waste stabilization” means any chemical, physical orthermal treatment of waste, either alone or incombination with biological processes, which results ina reduction of microorganisms, including viruses, andthe potential for putrefaction.

“Working face” means any part of a landfill where wasteis being disposed.

“Zone of attenuation” is the three dimensional regionformed by excluding the volume occupied by the wasteplacement from the smaller of the volumes resultingfrom vertical planes drawn to the bottom of theuppermost aquifer at the property boundary or 100 feetfrom the edge of one or more adjacent units.

(Source: Amended at 19 Ill. Reg. __________, effective

IT IS SO ORDERED.

I, Dorothy M. Gunn, Clerk of the Illinois Pollution ControlBoard, hereby certj~y that the ab ye opinion and order wasadopted on the /~-~ day of ________________, 1995, by a voteof ______

Dorothy M//Gunn, ÔlerkIllinois ~9’ol1ution Control Board