Illinois Administrative Code

Section 811.406 Procedures for Excluding Regulated Hazardous Wastes The operator shall implement a load checking program that meets the requirements of Section 811.323 for detecting and discouraging attempts to dispose of regulated hazardous wastes at the facility. SUBPART E: CON…

Section 811.501 Scope and Applicability All structures necessary to comply with the requirements of this Part shall be constructed according to a construction quality assurance program that, at a minimum, meets the requirements of this Subpart.

Section 811.502 Duties and Qualifications of Key Personnel a) Duties and Qualifications of the Operator The operator shall designate a third party contractor, a person other than the operator or an employee of the operator, as the construction quality assurance (CQA) officer. b) …

Section 811.503 Inspection Activities a) The CQA officer shall be present to provide supervision and assume responsibility for performing all inspections of the following activities: 1) Compaction of the subgrade and foundation to design parameters; 2) Installation of the compact…

Section 811.504 Sampling Requirements A sampling program shall be implemented as part of the CQA plan, for all construction activities, in order to insure, at a minimum, that construction materials and operations meet the following requirements: a) The sampling program shall be d…

Section 811.505 Documentation a) A daily summary report shall be prepared by the CQA officer, or under the direct supervision of the CQA officer, during each day of activity. The report shall contain, at a minimum: 1) The date; 2) A summary of the weather conditions: 3) A summary…

Section 811.506 Foundations and Subbases a) The CQA officer shall identify and ensure the site investigation is carried out in accordance with the plans, identify unexpected conditions and record all modifications to the plans and construction procedures on the as-built drawings.…

Section 811.507 Compacted Earth Liners a) Requirements for a Test Liner A test full shall be constructed before construction of the actual, full-scale compacted earth liner, in accordance with the following requirements: 1) The test liner shall be constructed from the same soil m…

Section 811.508 Geomembranes The CQA officer shall exercise professional judgement to certify the following: a) The bedding material contains no undesirable objects; b) The placement plan has been followed; c) The anchor trench and backfill are constructed to prevent damage to th…

Section 811.509 Leachate Collection Systems a) The CQA officer shall exercise professional judgement to verify that pipe sizes, material, perforations, placement and pipe grades are in accordance with the design. b) The CQA officer shall exercise professional judgement to certify…

Section 811.700 Scope, Applicability and Definitions a) This Subpart provides procedures by which the owner or operator of a permitted waste disposal facility provides financial assurance satisfying the requirements of Section 21.1(a) of the Act. b) Financial assurance shall be p…

Section 811.701 Upgrading Financial Assurance a) The owner or operator shall maintain financial assurance equal to or greater than the current cost estimate calculated pursuant to Section 811.704 at all times, except as otherwise provided by subsection (b). b) The owner or operat…

Section 811.702 Release of Financial Institution The Agency shall release a trustee, surety, insurer or other financial institution when: a) An owner or operator substitutes alternative financial assurance such that the total financial assurance for the site is equal to or greate…

Section 811.703 Application of Proceeds and Appeals a) The Agency may sue in any court of competent jurisdiction to enforce its rights under financial instruments. The filing of an enforcement action before the Board is not a condition precedent to such an Agency action, except w…

Section 811.704 Closure and Post-Closure Care and Corrective Action Cost Estimates a) Written cost estimate. The owner or operator must have a written estimate of the cost of closure of all parts of the facility where wastes have been deposited in accordance with the requirements…

Section 811.705 Revision of Cost Estimate a) The owner or operator shall revise the current cost estimates for closure and postclosure care in each new application for permit renewal or where a facility modification results in an increase of the cost estimate. b) The owner or ope…

Section 811.706 Mechanisms for Financial Assurance a) The owner or operator of a waste disposal site shall utilize any of the mechanisms listed in subsections (a)(1) through (a)(10) to provide financial assurance for closure and post-closure care, and for corrective action at an …

Section 811.707 Use of Multiple Financial Mechanisms An owner or operator may satisfy the requirements of this Subpart by establishing more than one financial mechanism per site. These mechanisms are limited to trust funds, surety bonds guaranteeing payment, letters of credit and…

Section 811.708 Use of a Financial Mechanism for Multiple Sites An owner or operator may use a financial assurance mechanism specified in this Subpart to meet the requirements of this Subpart for more than one site. Evidence of financial assurance submitted to the Agency must inc…

Section 811.709 Trust Fund for Unrelated Sites Any person may establish a trust fund for the benefit of the Agency which may receive funds from more than one owner or operator for closure of different sites. Such a trust fund must operate like the trust fund specified in 35 Ill. …

Section 811.710 Trust Fund a) An owner or operator may satisfy the requirements of this Subpart G by establishing a trust fund that conforms to the requirements of this Section and submitting an original signed duplicate of the trust agreement to the Agency. b) The trustee must b…

Section 811.711 Surety Bond Guaranteeing Payment a) An owner or operator may satisfy the requirements of this Subpart by obtaining a surety bond which conforms to the requirements of this Section and submitting the bond to the Agency. A surety bond obtained by an owner or operato…

Section 811.712 Surety Bond Guaranteeing Performance a) An owner or operator may satisfy the requirements of this Subpart by obtaining a surety bond which conforms to the requirements of this Section and submitting the bond to the Agency. A surety bond obtained by an owner or ope…

Section 811.713 Letter of Credit a) An owner or operator may satisfy the requirements of this Subpart by obtaining an irrevocable standby letter of credit which conforms to the requirements of this Section and submitting the letter to the Agency. A letter of credit obtained by an…

Section 811.714 Closure Insurance a) An owner or operator may satisfy the requirements of this Subpart by obtaining closure and post-closure care insurance which conforms to the requirements of this Section and submitting to the Agency an executed duplicate original of the insura…

Section 811.715 Self-Insurance for Non-Commercial Sites a) Definitions. The following definitions are intended to assist in the understanding of this Part and are not intended to limit the meanings of terms in any way that conflicts with generally accepted accounting principles: …

Section 811.716 Local Government Financial Test A unit of local government owner or operator that satisfies the requirements of subsections (a) through (c) may demonstrate financial assurance up to the amount specified in subsection (d). a) Financial Component 1) The unit of loca…

Section 811.717 Local Government Guarantee An owner or operator may demonstrate financial assurance for closure, post-closure, and corrective action, as required by Section 21.1(a) of the Act and 811.Subpart G, by obtaining a written guarantee provided by a unit of local governme…

Section 811.718 Discounting For facilities providing financial assurance solely through a trust fund, the Agency shall allow discounting of closure cost estimates, post-closure cost estimates, and corrective action cost estimates in Section 811.704 up to the rate of return for es…

Section 811.719 Corporate Financial Test An MSWLF owner or operator that satisfies the requirements of this Section may demonstrate financial assurance up to the amount specified in this Section as follows: a) Financial Component 1) The owner or operator must satisfy one of the f…

Section 811.720 Corporate Guarantee a) An owner or operator of an MSWLF may meet the requirements of 35 Ill. Adm. Code 811.700 and 811.706 by obtaining a written guarantee. The guarantor must be the direct or higher-tier parent corporation of the owner or operator, a firm whose p…

Section 811.APPENDIX C List of Leachate Monitoring Parameters Acenaphthene (1,2-dihydroacenaphthylene; CAS No. 83-32-9) Acetone (dimethyl ketone, propan-2-one; CAS No. 67-64-1) Alachlor (2-chloro-N-(2,6-diethylphenyl)-N-(methoxymethyl)acetamide; CAS No. 15972-60-8) Aldicarb (2-me…

Section 811.ILLUSTRATION A Trust Agreement TRUST AGREEMENT Trust Fund Number Trust Agreement, the "Agreement", entered into as of the day of , by and between , a , the "Grantor", and , the "Trustee". Whereas, Section 21.1 of the Environmental Protection Act, "Act", prohibits any …

Section 812.101 Scope and Applicability a) All persons, except those specifically exempted by Section 21(d) of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1991, ch. 111 ½, par. 1021(d)) shall submit to the Agency an application for a permit to develop and operate a la…

Section 812.102 Certification by Professional Engineer All designs shall be prepared by, or under the supervision of, a professional engineer. The professional engineer shall affix the name of the engineer, date of preparation, registration number, a statement attesting to the ac…

Section 812.103 Application Fees The permit application must be accompanied by all filing fees required pursuant to Section 5(f) of the Act.

Section 812.104 Required Signatures a) All permit applications shall contain the name, address, and telephone number of a duly authorized agent of the operator and the property owner to whom all inquiries and correspondence shall be addressed. b) All permit applications shall be …

Section 812.105 Approval by Unit of Local Government The applicant must state whether the facility is a new regional pollution control facility, as defined in Section 3.330 of the Act, which is subject to the site location suitability approval requirements of Sections 39(c) and 3…

Section 812.106 Site Location Map All permit applications shall contain a site location map on the most recent United States Geological Survey (USGS) quadrangle of the area from the 7 1/2 minute series (topographic), or on such other map whose scale clearly shows the following in…

Section 812.107 Site Plan Map The application shall contain maps, including cross sectional maps of the site boundaries, showing the location of the facility on a scale no smaller than one inch equals 200 feet containing a two-foot contour interval. The following information shal…

Section 812.108 Narrative Description of the Facility The permit application shall contain a written description of the facility with supporting documentation describing the procedures and plans that will be used at the facility to comply with the requirements of 35 Ill. Adm. Cod…

Section 812.109 Location Standards The permit application shall contain: a) Documentation that the facility will operate in compliance with 35 Ill. Adm. Code 811.102(a). b) A floodplain determination containing: 1) Documentation that the facility is not located within the floodpl…

Section 812.110 Surface Water Control The permit application shall contain a plan for controlling surface water which demonstrates compliance with 35 Ill. Adm. Code 811.103, and which shall include at least the following: a) A copy of the approved National Pollutant Discharge Eli…

Section 812.111 Daily Cover The application shall contain a description of the material to be used as daily cover: a) A description of the soil to be used, including its classification and approximate hydraulic conductivity; or b) Documentation that any proposed alternative mater…

Section 812.112 Legal Description The permit application shall contain a legal description of the facility boundary and the boundaries of all units included in the facility. This legal description shall identify the nature and location of all stakes and monuments required by Sect…

Section 812.113 Proof of Property Ownership and Certification The permit application shall contain a certificate of ownership of the permit area or a copy of the lease. The lease shall clearly specify that the owner authorized the construction of a waste disposal facility on the …

Section 812.114 Closure Plans The permit application shall contain a written closure plan which contains, at a minimum, the following: a) A map showing the configuration of the facility after closure of all units, with the following: 1) A contour map showing the proposed final to…