Illinois Administrative Code

Section 845.110 Applicability of Other Regulations a) Compliance with the requirements of this Part does not affect the need for the owner or operator of a CCR surface impoundment, or lateral expansion of a CCR surface impoundment, to comply with all other applicable federal, sta…

Section 845.120 Definitions Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of words or terms in this Part will be the same as that applied to the same words or terms in the Environmental Protection Act: …

Section 845.130 Surface Impoundment Identification The owner or operator of a CCR surface impoundment must place on, or immediately adjacent to, the CCR surface impoundment a permanent identification marker at least six feet high showing the identification number of the CCR surfa…

Section 845.140 Right of Inspection The owner or operator of a CCR surface impoundment must allow the Agency and its duly authorized representatives to perform inspections in accordance with the Agency's authority under the Act, including: a) Entering, at reasonable times, the fa…

Section 845.150 Incorporations by Reference a) For purposes of this Part, the Board incorporates the following material by reference: 1) Non-Regulatory Government Publications and Publications of Recognized Organizations and Associations: Association for the Advancement of Cost E…

Section 845.160 Severability If any provision of this Part or its application to any person or under any circumstances is adjudged invalid, that adjudication must not affect the validity of this Part as a whole or of any portion not adjudged invalid.

Section 845.170 Inactive Closed CCR Surface Impoundments a) Among the provisions of this Part, only the following apply to inactive closed CCR surface impoundments: 1) All of Subpart A: General Provisions; 2) The following Sections of Subpart B (Permitting): A) Section 845.200; B…

Section 845.200 Permit Requirements and Standards of Issuance a) Permit Requirements 1) No person may construct, install, or modify a CCR surface impoundment or related treatment or mitigation facilities, including corrective action measures under Subpart F, without a constructio…

Section 845.210 General Provisions a) All permit applications must be made on the forms prescribed by the Agency and must be mailed or delivered to the address designated by the Agency on the forms. The Agency must provide a dated, signed receipt upon request. The Agency's record…

Section 845.220 Construction Permits a) All construction permit applications must contain the following information and documents. 1) Design and Construction Plans (Construction History) A) Identifying Information i) The name and address of the person or persons owning or operati…

Section 845.230 Operating Permits The operating permit applications must contain the following information and documents: a) Initial operating permit for a new CCR surface impoundment and any lateral expansion of a CCR surface impoundment. 1) A demonstration that the CCR surface …

Section 845.240 Pre-Application Public Notification and Public Meeting a) At least 30 days before the submission of a construction permit application, the owner or operator of the CCR surface impoundment must hold at least two public meetings to discuss the proposed construction,…

Section 845.250 Tentative Determination and Draft Permit Following the receipt of a complete application for a construction permit, operating permit, or joint construction and operating permit, the Agency must prepare a tentative determination. a) The tentative determination must…

Section 845.260 Draft Permit Public Notice and Participation a) The Agency must post a notification that it has received a permit application on the Agency's webpage and must email the notice to the Agency's listserv for the applicant's facility. b) Public Notice of Draft Permit …

Section 845.270 Final Permit Determination and Appeal a) The Agency must not make a final permit determination until the public participation process in Section 845.260 has concluded. b) After the consideration of any comments that may have been received, the Agency may either is…

Section 845.280 Transfer, Modification and Renewal a) No permit is transferable from one person to another except as approved by the Agency. Approval must be granted only if a new owner or operator seeking transfer of a permit can demonstrate the ability to comply with all applic…

Section 845.290 Construction Quality Assurance Program a) The following must be constructed according to a Construction Quality Assurance (CQA) program: 1) The construction of a new CCR surface impoundment, or the lateral expansion of an existing CCR surface impoundment; 2) The r…

Section 845.300 Placement Above the Uppermost Aquifer a) Existing and new CCR surface impoundments, and all lateral expansions of CCR surface impoundments, must be constructed with a base that is located at least 1.52 meters (five feet) above the upper limit of the uppermost aqui…

Section 845.310 Wetlands a) Existing and new CCR surface impoundments, and all lateral expansions of CCR surface impoundments, must not be located in wetlands unless the owner or operator demonstrates the following: 1) When applicable under section 404 of the Clean Water Act, Int…

Section 845.320 Fault Areas a) Existing and new CCR surface impoundments, and all lateral expansions of CCR surface impoundments, must not be located within 60 meters (200 feet) of the outermost damage zone of a fault that has had displacement in Holocene time unless the owner or…

Section 845.330 Seismic Impact Zones a) Existing and new CCR surface impoundments, and all lateral expansions of CCR surface impoundments, must not be located in seismic impact zones unless the owner or operator demonstrates that all structural components, including liners, leach…

Section 845.340 Unstable Areas and Floodplains a) An existing or new CCR surface impoundment, or any lateral expansion of a CCR surface impoundment, must not be located in an unstable area unless the owner or operator demonstrates that recognized and generally accepted engineerin…

Section 845.350 Failure to Meet Location Standards a) An owner or operator of an existing CCR surface impoundment who fails to demonstrate compliance with the requirements of this Subpart is subject to the requirements of Section 845.700. b) An owner or operator of a new CCR surf…

Section 845.400 Liner Design Criteria for Existing CCR Surface Impoundments a) An existing CCR surface impoundment is considered to be an existing lined surface impoundment if it has been constructed with either a composite liner that meets the requirements of subsection (b) or a…

Section 845.410 Liner Design Criteria for New CCR Surface Impoundments and Any Lateral Expansion of a CCR Surface Impoundment a) New CCR surface impoundments and lateral expansions of existing and new CCR surface impoundments must be designed, constructed, operated, and maintaine…

Section 845.420 Leachate Collection and Removal System A new CCR surface impoundment must be designed, constructed, operated and maintained with a leachate collection and removal system. The leachate collection and removal system must be designed, constructed, operated, and maint…

Section 845.430 Slope Maintenance The slopes and pertinent surrounding areas of the CCR surface impoundment must be designed, constructed, operated, and maintained with one of the forms of slope protection specified in subsection (a) that meets all the performance standards of su…

Section 845.440 Hazard Potential Classification Assessment a) Hazard Potential Classification Assessments 1) The owner or operator of the CCR surface impoundment must conduct an initial and annual hazard potential classification assessment of the CCR surface impoundment. The owne…

Section 845.450 Structural Stability Assessment a) The owner or operator of a CCR surface impoundment must conduct initial and annual structural stability assessments and document whether the design, construction, operation, and maintenance of the CCR surface impoundment is consi…

Section 845.460 Safety Factor Assessment a) The owner or operator of a CCR surface impoundment must conduct an initial and annual safety factor assessment for each CCR surface impoundment and document whether the calculated factors of safety for each CCR surface impoundment achie…

Section 845.500 Air Criteria a) The owner or operator of a CCR surface impoundment, or any lateral expansion of a CCR surface impoundment, must adopt measures that will effectively minimize CCR from becoming airborne at the facility, including CCR fugitive dust originating from C…

Section 845.510 Hydrologic and Hydraulic Capacity Requirements for CCR Surface Impoundments a) The owner or operator of an existing or new CCR surface impoundment or any lateral expansion of a CCR surface impoundment must design, construct, operate, and maintain an inflow design …

Section 845.520 Emergency Action Plan a) The owner or operator of a CCR surface impoundment must prepare and maintain a written Emergency Action Plan (EAP). The owner or operator must place the EAP and any amendment of the EAP in the facility's operating record (see Section 845.8…

Section 845.530 Safety and Health Plan a) The owner or operator of the CCR surface impoundment must develop a Safety and Health Plan and ensure that employees, contract workers, and third-party contractors are informed regarding the Safety and Health Plan. The owner or operator m…

Section 845.540 Inspection Requirements for CCR Surface Impoundments a) Inspections by a Qualified Person 1) All CCR surface impoundments and any lateral expansion of a CCR surface impoundment must be examined by a qualified person as follows: A) At intervals not exceeding seven …

Section 845.550 Annual Consolidated Report a) By January 31 of each year, the owner or operator of the CCR surface impoundment must prepare an annual consolidated report for the preceding calendar year that includes the following: 1) Annual CCR fugitive dust control report (see S…

Section 845.600 Groundwater Protection Standards a) For existing CCR surface impoundments and for inactive CCR surface impoundments: 1) The groundwater protection standards at the waste boundary must be: A) Antimony: 0.006 mg/L B) Arsenic: 0.010 mg/L C) Barium: 2.0 mg/L D) Beryll…

Section 845.610 General Requirements a) All CCR surface impoundments and lateral expansions of CCR surface impoundments are subject to the groundwater monitoring and corrective action requirements of this Subpart. b) Required Submissions and Agency Approvals for Groundwater Monit…

Section 845.620 Hydrogeologic Site Characterization a) The owner or operator of the CCR surface impoundment must design and implement a hydrogeologic site characterization. b) The hydrogeologic site characterization must include, but is not limited to, the following: 1) Geologic …

Section 845.630 Groundwater Monitoring Systems a) Performance Standard. The owner or operator of a CCR surface impoundment must install a groundwater monitoring system that consists of a sufficient number of wells, installed at appropriate locations and depths, to yield groundwat…

Section 845.640 Groundwater Sampling and Analysis Requirements a) The groundwater monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the backg…

Section 845.650 Groundwater Monitoring Program a) The owner or operator of a CCR surface impoundment must conduct groundwater monitoring consistent with this Section. At a minimum, groundwater monitoring must include groundwater monitoring for all constituents with a groundwater …

Section 845.660 Assessment of Corrective Measures a) Unless the Agency has concurred with an alternative source demonstration made under Section 845.650(e), the owner or operator must initiate an assessment of corrective measures to prevent further releases, to remediate any rele…

Section 845.670 Corrective Action Plan a) The owner or operator must prepare a semi-annual report describing the progress in selecting a remedy and developing a corrective action plan. The semi-annual report must be submitted to the Agency and placed in the operating record as re…

Section 845.680 Implementation of the Corrective Action Plan a) Within 90 days after the Agency's approval of the corrective action plan submitted under Section 845.670, the owner or operator must initiate corrective action. Based on the schedule approved by the Agency for implem…

Section 845.700 Required Closure or Retrofit of CCR Surface Impoundments a) Required Closure. The owner or operator of the following CCR surface impoundments must stop placing CCR or non-CCR waste streams in the CCR surface impoundment and must initiate closure of the CCR surface…

Section 845.710 Closure Alternatives a) Closure of a CCR surface impoundment, or any lateral expansion of a CCR surface impoundment, must be completed either by leaving the CCR in place and installing a final cover system or through removal of the CCR and decontamination of the C…