reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart E - OPERATING CRITERIA › Section 845.520 - Emergency Action Plan

Current through Register Vol. 48, No. 28, July 12, 2024
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
				845.800(d)(9)).
b) At a minimum,
				the EAP must:
1) Define the events or
				circumstances involving the CCR surface impoundment that represent a safety
				emergency, along with a description of the procedures that will be followed to
				detect a safety emergency in a timely manner;
2) Define responsible persons, their
				respective responsibilities, and notification procedures for a safety emergency
				involving the CCR surface impoundment;
3) Provide contact information of emergency
				responders;
4) Include a map that
				delineates the downstream area that would be affected if a CCR surface
				impoundment fails and a physical description of the CCR surface impoundment;
				and
5) Include provisions for an
				annual face-to-face meeting or exercise between representatives of the owner or
				operator of the CCR surface impoundment and the local emergency
				responders.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart E - OPERATING CRITERIA › Section 845.530 - Safety and Health Plan

Current through Register Vol. 48, No. 28, July 12, 2024
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 must
				conduct ongoing worker hazard analyses and ensure employees, contract workers,
				and third-party contractors are aware of those analyses. The plan must be
				updated as needed based on the worker hazard analyses, but at least annually.
				The plan, and all amendments to the plan, must be placed in the facility's
				operating record as required by Section 845.800(d)(12), and on the owner's or
				operator's publicly accessible internet site.
b) For worker exposure safety, in addition to
				all other applicable local, State and federal requirements, the owner or
				operator of the CCR surface impoundment, for all chemical constituents
				identified in the CCR under Sections
				845.230(a)(15)
				and
				845.230(d)(2)(C),
				must:
1) Consider the recommendations in the
				most recent "NIOSH Pocket Guide to Chemical Hazards", Department of Human
				Health and Services, Centers for Disease Control and Prevention, National
				Institute for Occupational Safety and Health (available at
				cdc.gov/niosh/npg/default.html);
2) Implement the Occupational Safety and
				Health Administration regulations in Chapter 17 of Title 29 of the Code of
				Federal Regulations for all hazards not otherwise classified as defined in
				29 CFR
				1910.1200(c); and
3) Provide safety data sheets (Globally
				Harmonized System of Classification and Labeling of Chemicals adopted by OSHA)
				or create a facility-specific safety data sheet under
				29 CFR
				1910.1200(g).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart E - OPERATING CRITERIA › Section 845.540 - Inspection Requirements for CCR Surface Impoundments

Current through Register Vol. 48, No. 28, July 12, 2024
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 days and after each 25-year, 24-hour storm, inspect for the
				following:
i) Any appearances of actual or
				potential structural weakness and other conditions that are disrupting, or have
				the potential to disrupt, the operation or safety of the CCR surface
				impoundment;
ii) Deterioration,
				malfunctions or improper operation of overtopping control systems, where
				present;
iii) Sudden drops in the
				level of the CCR surface impoundment's contents;
iv) Erosion that creates rills, gullies, or
				crevices six inches or deeper, other signs of deterioration including failed or
				eroded vegetation in excess of 100 square feet, or cracks in dikes or other
				containment devices; and
v) Any
				visible releases;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart E - OPERATING CRITERIA › Section 845.550 - Annual Consolidated Report

Current through Register Vol. 48, No. 28, July 12, 2024
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 Section 845.500(c));
2) Annual inspection report (see Section
				845.540(b)), including:
A) Annual hazard
				potential classification certification, if applicable (see Section
				845.440);
B) Annual structural
				stability assessment certification, if applicable (see Section
				845.450);
C) Annual safety factor
				assessment certification, if applicable (see Section 845.460); and
D) Inflow design flood control system plan
				certification (see Section 845.510(c)).
3) Annual Groundwater Monitoring and
				Corrective Action Report (see Section 845.610(e)).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.600 - Groundwater Protection Standards

Current through Register Vol. 48, No. 28, July 12, 2024
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) Beryllium: 0.004
				mg/L
E) Boron: 2 mg/L
F) Cadmium: 0.005 mg/L
G) Chloride: 200 mg/L
H) Chromium: 0.1 mg/L
I) Cobalt: 0.006 mg/L
J) Fluoride: 4.0 mg/L
K) Lead: 0.0075 mg/L
L) Lithium: 0.04 mg/L
M) Mercury: 0.002 mg/L
N) Molybdenum: 0.1 mg/L
O) pH: 6.5 -9.0 units
P) Selenium: 0.05 mg/L
Q) Sulfate: 400 mg/L
R) Thallium: 0.002 mg/L
S) Total Dissolved Solids: 1200
				mg/L
T) Radium 226 and 228
				combined: 5 pCi/L
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.610 - General Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
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 Monitoring
1) Existing CCR Surface Impoundments. The
				owner or operator of an existing CCR surface impoundment must submit the
				following to the Agency in an initial operating permit application:
A) A hydrogeologic site characterization
				meeting the requirements of Section 845.620;
B) Design and construction plans of a
				groundwater monitoring system meeting the requirements of Section
				845.630;
C) A groundwater sampling
				and analysis program that includes selection of the statistical procedures to
				be used for evaluating groundwater monitoring data as required by Section
				845.640; and
D) A monitoring
				program that includes a minimum of eight independent samples for each
				background and downgradient well as required by Section 845.650(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.620 - Hydrogeologic Site Characterization

Current through Register Vol. 48, No. 28, July 12, 2024
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 well logs/boring
				logs;
2) Climatic aspects of the
				site, including seasonal and temporal fluctuations in groundwater
				flow;
3) Identification of nearby
				surface water bodies and drinking water intakes;
4) Identification of nearby pumping wells and
				associated uses of the groundwater;
5) Identification of nearby dedicated nature
				preserves;
6) Geologic
				setting;
7) Structural
				characteristics;
8) Geologic
				cross-sections;
9) Soil
				characteristics;
10) Identification
				of confining layers;
11)
				Identification of potential migration pathways;
12) Groundwater quality data;
13) Vertical and horizontal extent of the
				geologic layers to a minimum depth of 100 feet below land surface, including
				lithology and stratigraphy;
14) A
				map displaying any known underground mines beneath a CCR surface
				impoundment;
15) Chemical and
				physical properties of the geologic layers to a minimum depth of 100 feet below
				land surface;
16) Hydraulic
				characteristics of the geologic layers identified as migration pathways and
				geologic layers that limit migration, including:
A) Water table depth;
B) Hydraulic conductivities;
C) Effective and total porosities;
D) Direction and velocity of groundwater
				flow; and
E) Map of the
				potentiometric surface;
17) Groundwater classification under 35 Ill.
				Adm. Code 620; and
18) Any other
				information requested by the Agency that is relevant to the hydrogeologic site
				characterization.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.630 - Groundwater Monitoring Systems

Current through Register Vol. 48, No. 28, July 12, 2024
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 groundwater
				samples that:
1) Accurately represent the
				quality of background groundwater that has not been affected by leakage from a
				CCR surface impoundment. A determination of background quality may include
				sampling of wells that are not hydraulically upgradient of the CCR management
				area where:
A) Hydrogeologic conditions do
				not allow the owner or operator of the CCR surface impoundment to determine
				what wells are hydraulically upgradient; or
B) Sampling at other wells will provide an
				indication of background groundwater quality that is demonstratively as
				representative or more representative than that provided by the upgradient
				wells; and
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.640 - Groundwater Sampling and Analysis Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
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 background and downgradient wells required by Section 845.630.
				The owner or operator of the CCR surface impoundment must develop a sampling
				and analysis program that includes procedures and techniques for:
1) Sample collection;
2) Sample preservation and
				shipment;
3) Analytical
				procedures;
4) Chain of custody
				control; and
5) Quality assurance
				and quality control.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.650 - Groundwater Monitoring Program

Current through Register Vol. 48, No. 28, July 12, 2024
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
				protection standard in Section 845.600(a), calcium, and turbidity. The owner or
				operator of the CCR surface impoundment must submit a groundwater monitoring
				plan to the Agency with its operating permit application.
b) Monitoring Frequency
1) The monitoring frequency for all
				constituents with a groundwater protection standard in Section 845.600(a),
				calcium, and turbidity must be at least quarterly during the active life of the
				CCR surface impoundment and the post-closure care period or period specified in
				Section 845.740(b) when closure is by removal except as allowed in subsection
				(b)(4).
A) For existing CCR surface
				impoundments, a minimum of eight independent samples from each background and
				downgradient well must be collected and analyzed for all constituents with a
				groundwater protection standard listed in Section 845.600(a), calcium, and
				turbidity within 180 days after April 21, 2021.
B) For new CCR surface impoundments, and all
				lateral expansions of CCR surface impoundments, a minimum of eight independent
				samples for each background well and downgradient well must be collected and
				analyzed for all constituents with a groundwater protection standard listed in
				Section 845.600(a), calcium, and turbidity during the first 180 days of
				sampling.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.660 - Assessment of Corrective Measures

Current through Register Vol. 48, No. 28, July 12, 2024
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 releases, and
				to restore the affected area.
1) The
				assessment of corrective measures must be initiated within 90 days after
				finding that any constituent listed in Section 845.600 has been detected in
				exceedance of the groundwater protection standards in Section 845.600, at the
				downgradient waste boundary or immediately upon detection of a release of CCR
				from a CCR surface impoundment.
2)
				The assessment of corrective measures must be completed and submitted to the
				Agency within 90 days after initiation of assessment of corrective measures,
				unless the owner or operator demonstrates to the Agency the need for additional
				time to complete the assessment of corrective measures due to site-specific
				conditions or circumstances. The owner or operator must submit this
				demonstration, along with a certification from a qualified professional
				engineer attesting that the demonstration is accurate, to the Agency within 60
				days after initiating an assessment of corrective measures. The Agency must
				either approve or disapprove the demonstration within 30 days. The 90-day
				deadline to complete the assessment of corrective measures may be extended for
				no longer than 60 days. The owner or operator must also include the Agency
				approved demonstration in the annual groundwater monitoring and corrective
				action report required by Section 845.610(e), in addition to the certification
				by a qualified professional engineer.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.670 - Corrective Action Plan

Current through Register Vol. 48, No. 28, July 12, 2024
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 required by
				Section 845.800(d)(17).
b) Within
				one year after completing the assessment of corrective measures as specified in
				Section 845.660, and after completion of the public meeting in Section
				845.660(d), the owner or operator of the CCR surface impoundment must submit,
				in a construction permit application to the Agency, a corrective action plan
				that identifies the selected remedy. This requirement applies in addition to,
				not in place of, any applicable standards under any other State or federal
				law.
c) The corrective action plan
				must meet the following requirements:
1) Be
				based on the results of the corrective measures assessment conducted under
				Section 845.660;
2) Identify a
				selected remedy that, at a minimum, meets the standards listed in subsection
				(d);
3) Contain the corrective
				action alternatives analysis specified in subsection (e); and
4) Contain proposed schedules for
				implementation, including an analysis of the factors in subsection
				(f);
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart F - GROUNDWATER MONITORING AND CORRECTIVE ACTION › Section 845.680 - Implementation of the Corrective Action Plan

Current through Register Vol. 48, No. 28, July 12, 2024
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 implementation and completion of corrective action, the owner or
				operator must:
1) Establish and implement a
				corrective action groundwater monitoring program that:
A) At a minimum, meets the requirements of
				the monitoring program under Section 845.650;
B) Documents the effectiveness of the
				corrective action remedy; and
C)
				Demonstrates compliance with the groundwater protection standard under
				subsection (c).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.700 - Required Closure or Retrofit of CCR Surface Impoundments

Current through Register Vol. 48, No. 28, July 12, 2024
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 impoundment:
1) An existing CCR
				surface impoundment that has not demonstrated compliance with any of the
				following location restrictions:
A) Uppermost
				aquifer location (see Section
				845.300);
B) Wetlands (see Section 845.310);
C) Fault areas (see Section
				845.320);
D) Seismic impact zones
				(see Section 845.330); or
E)
				Unstable areas and floodplains (see Section 845.340).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.710 - Closure Alternatives

Current through Register Vol. 48, No. 28, July 12, 2024
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 CCR surface impoundment, as described in Sections
				845.720 through 845.760.
b) Before
				selecting a closure method, the owner or operator of each CCR surface
				impoundment must complete a closure alternatives analysis. The closure
				alternatives analysis must examine the following for each closure alternative:
1) The long- and short-term effectiveness and
				protectiveness of the closure method, including identification and analyses of
				the following factors:
A) The magnitude of
				reduction of existing risks;
B) The
				magnitude of residual risks in terms of likelihood of future releases of
				CCR;
C) The type and degree of
				long-term management required, including monitoring, operation, and
				maintenance;
D) The short-term
				risks that might be posed to the community or the environment during
				implementation of a closure, including potential threats to human health and
				the environment associated with excavation, transportation, and re-disposal of
				contaminants;
E) The time until
				closure and post-closure care or the completion of groundwater monitoring under
				Section 845.740(b) is completed;
F)
				The potential for exposure of humans and environmental receptors to remaining
				wastes, considering the potential threat to human health and the environment
				associated with excavation, transportation, re-disposal, containment or changes
				in groundwater flow;
G) The
				long-term reliability of the engineering and institutional controls, including
				an analysis of any off-site, nearby destabilizing activities; and
H) Potential need for future corrective
				action of the closure alternative.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.720 - Closure Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) Preliminary
				Written Closure Plan
1) Content of the
				Preliminary Closure Plan. The owner or operator of a new CCR surface
				impoundment or an existing CCR surface impoundment not required to close under
				Section 845.700 must prepare a preliminary written closure plan that describes
				the steps necessary to close the CCR surface impoundment at any point during
				the active life of the CCR surface impoundment consistent with recognized and
				generally accepted engineering practices. The preliminary written closure plan
				must include, at a minimum, the following:
A)
				A narrative description of how the CCR surface impoundment will be closed in
				accordance with this Part.
B) If
				closure of the CCR surface impoundment will be accomplished through removal of
				CCR from the CCR surface impoundment, a description of the procedures to remove
				the CCR and decontaminate the CCR surface impoundment in accordance with
				Section 845.740.
C) If closure of
				the CCR surface impoundment will be accomplished by leaving CCR in place, a
				description of the final cover system, designed in accordance with Section
				845.750, and the methods and procedures to be used to install the final cover.
				The closure plan must also discuss how the final cover system will achieve the
				performance standards specified in Section 845.750.
D) An estimate of the maximum inventory of
				CCR ever on-site over the active life of the CCR surface impoundment.
E) An estimate of the largest area of the CCR
				surface impoundment ever requiring a final cover (see Section 845.750), at any
				time during the CCR surface impoundment's active life.
F) A schedule for completing all activities
				necessary to satisfy the closure criteria in this Section, including an
				estimate of the year in which all closure activities for the CCR surface
				impoundment will be completed. The schedule should provide sufficient
				information to describe the sequential steps that will be taken to close the
				CCR surface impoundment, including identification of major milestones such as
				coordinating with and obtaining necessary approvals and permits from other
				agencies, the dewatering and stabilization phases of CCR surface impoundment
				closure, or installation of the final cover system, and the estimated
				timeframes to complete each step or phase of CCR surface impoundment closure.
				When preparing the preliminary written closure plan, if the owner or operator
				of a CCR surface impoundment estimates that the time required to complete
				closure will exceed the timeframes specified in Section 845.760(a), the
				preliminary written closure plan must include the site-specific information,
				factors and considerations that would support any time extension sought under
				Section 845.760(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.730 - Initiation of Closure

Current through Register Vol. 48, No. 28, July 12, 2024
Initiation of closure activities. Except as provided for in
				  this Section, the owner or operator of a CCR surface impoundment must initiate
				  closure of the CCR surface impoundment within the applicable timeframes
				  specified in either subsection (a) or (b). For purposes of this Section,
				  closure of the CCR surface impoundment has been initiated if the owner or
				  operator has stopped placing waste in the CCR surface impoundment and has
				  submitted to the Agency a construction permit application under Section
				  845.220(d).
a) Known Final Receipt. The owner or operator
				must initiate closure of the CCR surface impoundment within 30 days after the
				date on which the CCR surface impoundment either:
1) Receives the known final placement of
				waste, either CCR or any non-CCR waste stream; or
2) Removes the known final volume of CCR from
				the CCR surface impoundment for the purpose of beneficial use of CCR.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.740 - Closure by Removal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Closure by
				Removal of CCR. An owner or operator may elect to close a CCR surface
				impoundment by removing all CCR and decontaminating all areas affected by
				releases of CCR from the CCR surface impoundment. CCR removal and
				decontamination of the CCR surface impoundment are complete when all CCR and
				CCR residues, containment system components such as the impoundment liner and
				contaminated subsoils, and CCR impoundment structures and ancillary equipment
				have been removed. Closure by removal must be completed before the completion
				of a groundwater corrective action under Subpart F.
b) After closure by removal has been
				completed, the owner or operator must continue groundwater monitoring under
				Subpart F for three years after the completion of closure or for three years
				after groundwater monitoring does not show an exceedance of the groundwater
				protection standard established under Section 845.600, whichever is
				longer.
c) The owner or operator of
				a CCR surface impoundment removing CCR during closure must responsibly handle
				and transport the CCR consistent with this subsection.
1) Transportation
A) Manifests
i) When transporting CCR off-site by motor
				vehicle, manifests must be carried as specified in 35 Ill. Adm. Code 809. For
				purposes of this Part, coal combustion fly ash that is removed from a CCR
				surface impoundment is not exempt from the manifest requirement.
ii) When transporting CCR off-site by any
				other mode or method, including trains or barges, manifests must be carried
				specifying, at a minimum, the following information: the volume of the CCR; the
				location from which the CCR was loaded onto the mode of transportation and the
				date the loading took place; and the location where the CCR is being taken and
				the date it will be delivered.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.750 - Closure with a Final Cover System

Current through Register Vol. 48, No. 28, July 12, 2024
Closure Performance Standard When Leaving CCR in Place
a) The owner or operator of a CCR surface
				impoundment must ensure that, at a minimum, the CCR surface impoundment is
				closed in a manner that will:
1) Control,
				minimize or eliminate, to the maximum extent feasible, post-closure
				infiltration of liquids into the waste and releases of CCR, leachate, or
				contaminated run-off to the ground or surface waters or to the
				atmosphere;
2) Preclude the
				probability of future impoundment of water, sediment, or slurry;
3) Include measures that provide for major
				slope stability to prevent the sloughing or movement of the final cover system
				during the closure and post-closure care period;
4) Minimize the need for further maintenance
				of the CCR surface impoundment; and
5) Be completed in the shortest amount of
				time consistent with recognized and generally accepted engineering
				practices.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.760 - Completion of Closure Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Except as provided for in subsection (b), the owner or operator must complete
				closure of existing and new CCR surface impoundments, and any lateral expansion
				of a CCR surface impoundment, within the timeframe approved by the Agency in
				the final closure plan, or within five years of obtaining a construction permit
				for closure, whichever is less.
b)
				Extensions of Closure Timeframes
1) The
				timeframes for completing closure of a CCR surface impoundment specified under
				subsection (a) may be extended if the owner or operator has demonstrated to the
				Agency that it was not feasible to complete closure of the CCR surface
				impoundment within the required timeframes due to factors beyond the facility's
				control.
2) The demonstration must
				include a narrative explaining the basis for additional time.
3) The owner or operator must submit the
				demonstration to the Agency with a renewal construction permit application for
				closure.
4) Factors that may
				support a demonstration include:
A)
				Complications stemming from the climate and weather, such as unusual amounts of
				precipitation or a significantly shortened construction season;
B) Time required to dewater a surface
				impoundment due to the volume of CCR contained in the CCR surface impoundment
				or the characteristics of the CCR in the surface impoundment;
C) Statement that the geology and terrain
				surrounding the CCR surface impoundment will affect the amount of material
				needed to close the CCR surface impoundment; or
D) Time required or delays caused by the need
				to coordinate with and obtain necessary approvals and permits from the Agency
				or other agencies.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.770 - Retrofitting

Current through Register Vol. 48, No. 28, July 12, 2024
Retrofit of a CCR surface impoundment must be completed in
				  accordance with the requirements of this Section.
a) To retrofit an existing CCR surface
				impoundment, the owner or operator must:
1)
				First remove all CCR, including any liners except as specified in subsection
				(a)(4), as necessary, and contaminated soils and sediments from the CCR surface
				impoundment;
2) Comply with the
				requirements in Sections 845.410 and 845.420; and
3) Within 30 days after April 21, 2021, the
				owner or operator electing to retrofit a CCR surface impoundment under this
				Section must submit a written preliminary retrofit plan to the Agency and post
				the written preliminary retrofit plan in the facility's operating record as
				required by Section 845.800(d)(27). The written preliminary retrofit plan must
				include a prioritization categorization under Section 845.700(g) and the
				expected construction permit application date under Section 845.700(h);
				and
4) An owner or operator may
				request the Agency to approve the use of an existing competent geomembrane
				liner as a supplemental liner by submitting visual inspection, and analytical
				testing results to demonstrate that the existing liner is not contaminated with
				CCR constituents.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart G - CLOSURE AND POST-CLOSURE CARE › Section 845.780 - Post-Closure Care Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Applicability
1) Except as provided by
				subsection (a)(2), this Section applies to the owners or operators of CCR
				surface impoundments who have completed an Agency approved closure.
2) An owner or operator of a CCR surface
				impoundment that elects to close a CCR surface impoundment by removing CCR as
				provided by Section 845.740 is not subject to the post-closure care criteria of
				this Section.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart H - RECORDKEEPING › Section 845.810 - Publicly Accessible Internet Site Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each owner or operator of a CCR surface
				impoundment subject to the requirements of this Part must maintain a publicly
				accessible Internet site (CCR website) containing the information specified in
				this Section. The owner's or operator's website must be titled "Illinois CCR
				Rule Compliance Data and Information".
b) An owner or operator of more than one CCR
				surface impoundment subject to the provisions of this Part may comply with the
				requirements of this Section by using the same Internet site for multiple CCR
				surface impoundments, provided the CCR website clearly delineates information
				by the name and identification number of each CCR surface
				impoundment.
c) Unless otherwise
				required in this Section, the information required to be posted to the CCR
				website must be made available to the public on the CCR website until 3 years
				after post-closure care (when closure is with a final cover system) or the
				completion of groundwater monitoring under Section 845.740(b) (when closure is
				by removal).
d) Unless otherwise
				required in this Section, the information must be posted to the CCR website
				within 14 days after placing the pertinent information required by Section
				845.800 in the operating record.
e)
				The owner or operator must place all the information specified under Section
				845.800(d) on the owner's or operator's CCR website.
f) The owner or operator must place all the
				information specified in Section 845.240(e) on the owner's or operator's CCR
				website at least 30 days before the public meeting.
g) The owner or operator must notify the
				Agency of the web address of the publicly accessible Internet site, including
				any change to the web address. The Agency must maintain a list of these web
				addresses on the Agency's website.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.900 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) This
				Subpart provides procedures by which the owner or operator of a CCR surface
				impoundment subject to this Part provides financial assurance satisfying the
				requirements of Section 22.59(f) of the Act.
b) The owner or operator must provide
				financial assurance to ensure the following:
1) Completion of closure;
2) Completion of post-closure care, if
				applicable; and
3) Remediation of
				releases from a CCR surface impoundment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.910 - Upgrading Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The owner or operator must increase the total amount of financial assurance to
				equal or exceed the current cost estimate within 60 days after either of the
				following occurrences:
1) An increase in the
				current cost estimate; or
2) A
				decrease in the value of a trust fund.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.920 - Release of Financial Institution and Owner or Operator

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency must release a trustee, surety,
				or other financial institution when:
1) An
				owner or operator substitutes alternative financial assurance such that the
				total financial assurance for the CCR surface impoundment is equal to or
				greater than the current cost estimate, without counting the amounts to be
				released; or
2) The Agency releases
				the owner or operator from the requirements of this Subpart under subsection
				(b).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.930 - Cost Estimates

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner or operator must prepare and submit to the Agency, for approval, written
				cost estimates for:
1) The total costs for
				closure and post-closure care;
2)
				Preliminary corrective action costs; and
3) The total costs of the corrective action
				plan for remediation of any releases from a CCR surface impoundment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.940 - Revision of Cost Estimates

Current through Register Vol. 48, No. 28, July 12, 2024
a) During
				the active life of the CCR surface impoundment, the owner or operator must
				adjust the cost estimates for closure, post-closure care, and corrective action
				for inflation on an annual basis. The adjustments must occur within 60 days
				before the anniversary date of the establishment of the financial instruments
				used to comply with Section 845.950. The adjustment may be made by
				recalculating the maximum costs of closure, post-closure care, or corrective
				action in current dollars, or by using an inflation factor derived from the
				annual Implicit Price Deflator for Gross National Product (Deflator) as
				published by the U.S. Department of Commerce in its Survey of Current Business
				(Table
				1.1.9) (see subsections
				(a)(1) and (a)(2)). The inflation factor is the result of dividing the latest
				published annual Deflator by the Deflator for the previous year.
1) The first adjustment is made by
				multiplying the cost estimate by the inflation factor. The result is the
				adjusted cost estimate.
2)
				Subsequent adjustments are made by multiplying the latest adjusted cost
				estimate by the latest inflation factor.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.950 - Mechanisms for Financial Assurance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The owner or operator of a CCR surface impoundment must use any of the
				mechanisms listed in this subsection (a) to provide financial assurance for
				closure and post-closure care, and for corrective action at a CCR surface
				impoundment. An owner or operator of a CCR surface impoundment must also meet
				the requirements of subsections (b), (c), and (d). The mechanisms are as
				follows:
1) A trust fund (see Section
				845.960);
2) A surety bond
				guaranteeing payment (see Section 845.970);
3) A surety bond guaranteeing performance
				(see Section 845.980); or
4) An
				irrevocable letter of credit (see Section 845.990).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.960 - Trust Fund

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator may satisfy the requirements of this Subpart by establishing a fully
				funded trust fund that conforms to the requirements of this Section and
				submitting to the Agency an original signed duplicate of the trust
				agreement.
b) The trustee must be
				an entity that has the authority to act as a trustee and of whom either of the
				following is true:
1) It is an entity whose
				trust operations are examined by the Illinois Department of Financial and
				Professional Regulation under the Illinois Banking Act [205 ILCS 5];
				or
2) It is an entity that complies
				with the Corporate Fiduciary Act [205 ILCS 620].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.970 - Surety Bond Guaranteeing Payment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				An owner or operator may satisfy the requirements of this Subpart by obtaining
				a surety bond that conforms to the requirements of this Section and submitting
				the bond to the Agency.
b) The
				surety company issuing the bond must, at a minimum, be among those listed as
				acceptable sureties on federal bonds in Circular 570 of the U.S. Department of
				the Treasury. Circular 570 is available on the Internet from the following
				website:
https://fiscal.treasury.gov/surety-bonds/circular-570.html
.
c) The surety bond must be on forms
				prescribed by the Agency.
d) Any
				payments drawn from or made under the bond will be placed in the Coal
				Combustion Residual Surface Impoundment Financial Assurance Fund within the
				State Treasury.
e) Conditions
1) The bond must guarantee that the owner or
				operator will:
A) Provide closure and
				post-closure care in accordance with the approved closure and post-closure care
				plans and, if the bond is a corrective action bond, provide corrective action
				in accordance with this Part; and
B) Provide alternative financial assurance,
				as specified in this Subpart, and obtain the Agency's written approval of the
				assurance provided within 90 days after receipt by both the owner or operator
				and the Agency of a notice from the surety that the bond will not be renewed
				for another term.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.980 - Surety Bond Guaranteeing Performance

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or operator may satisfy the
				requirements of this Subpart by obtaining a surety bond that conforms to the
				requirements of this Section and submitting the bond to the Agency.
b) The surety company issuing the bond must,
				at a minimum, be among those listed as acceptable sureties on federal bonds in
				Circular 570 of the U.S. Department of the Treasury. Circular 570 is available
				on the Internet from the following website:
https://fiscal.treasury.gov/surety-bonds/circular-570.html
.
c) The surety bond must be on forms
				prescribed by the Agency.
d) Any
				payments made under the bond will be placed in the Coal Combustion Residual
				Surface Impoundment Financial Assurance Fund within the State
				Treasury.
e) Conditions
1) The bond must guarantee that the owner or
				operator will:
A) Provide closure and
				post-closure care in accordance with the approved closure and post-closure care
				plans and, if the bond is a corrective action bond, provide corrective action
				in accordance with this Part; and
B) Provide alternative financial assurance,
				as specified in this Subpart, and obtain the Agency's written approval of the
				assurance provided within 90 days after receipt by both the owner or operator
				and the Agency of a notice from the surety that the bond will not be renewed
				for another term.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart I - FINANCIAL ASSURANCE › Section 845.990 - Letter of Credit

Current through Register Vol. 48, No. 28, July 12, 2024
a) An owner or
				operator may satisfy the requirements of this Subpart by obtaining an
				irrevocable standby letter of credit that conforms to the requirements of this
				Section and submitting the letter to the Agency.
b) The issuing institution must be an entity
				that has the authority to issue letters of credit and:
1) Whose letter of credit operations are
				regulated by the Illinois Department of Financial and Professional Regulation
				under the Illinois Banking Act [205 ILCS 5]; or
2) Whose deposits are insured by the Federal
				Deposit Insurance Corporation.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart A - GENERAL › Section 848.101 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
Section 55 of the Environmental Protection Act [415
				  ILCS 5/55 ] sets forth prohibitions relative to the
				  storage, processing, disposal and transportation of used and waste tires. This
				  Part sets forth rules establishing further requirements relative to the
				  storage, processing, disposal and transportation of used and waste tires.
				  Notwithstanding any other provision of this Part, this Part does not apply
				  to:
a) converted tires manufactured to
				an exact specification and supplied to a purchaser under a contract for
				purchase or other sale;
b) new or
				reprocessed tires;
c) reused tires
				altered to prevent the accumulation of water;
d) used or waste tires exempted pursuant to
				Section 55.1 of the Act;
e) used
				tires located at a tire storage site at which not more than 50 used tires are
				located at any one time;
f) used or
				waste tires accepted by an owner or operator of a sanitary landfill in
				accordance with Section 55 of the Act and in accordance with a solid waste
				permit issued by the Agency; or
g)
				used or waste tires managed under, and in accordance with, a beneficial use
				determination issued pursuant to Section 22.54 of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 848 - MANAGEMENT OF USED AND WASTE TIRES › Subpart A - GENERAL › Section 848.102 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any section, subsection, sentence or clause of this Part
				  shall be adjudged unconstitutional, invalid or otherwise not effective for any
				  reason, such adjudication shall not affect the validity of this Part as a whole
				  or of any section, subsection, sentence or clause thereof not adjudged
				  unconstitutional, invalid or otherwise not effective for any
				  reason.