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 A - GENERAL PROVISIONS › Section 845.100 - Scope and Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				establishes criteria for determining which CCR surface impoundments do not pose
				a reasonable probability of adverse effects on health or the environment. CCR
				surface impoundments failing to satisfy any of the requirements of this Part
				are considered open dumps, which are prohibited under Section 21(a) of the
				Act.
b) This Part applies to owners
				and operators of new and existing CCR surface impoundments, including any
				lateral expansions of CCR surface impoundments that dispose of or otherwise
				engage in solid waste management of CCR generated from the combustion of coal
				at electric utilities and independent power producers. Unless otherwise
				provided in this Part, these requirements also apply to CCR surface
				impoundments located off-site of the electric utility or independent power
				producer.
c) This Part also applies
				to inactive CCR surface impoundments at active and inactive electric utilities
				or independent power producers, regardless of the fuel currently used at the
				facility to produce electricity.
d)
				Except as provided in Section
				845.170,
				inactive CCR surface impoundments are subject to all the requirements of this
				Part applicable to existing CCR surface impoundments.
e) This Part does not apply to wastes,
				including fly ash, bottom ash, boiler slag, and flue gas desulfurization
				materials generated at facilities that are not part of an electric utility or
				independent power producer, such as manufacturing facilities, universities, and
				hospitals. This Part also does not apply to fly ash, bottom ash, boiler slag,
				and flue gas desulfurization materials generated primarily from the combustion
				of fuels (including other fossil fuels) other than coal, for the purpose of
				generating electricity unless the fuel burned consists of more than 50% coal on
				a total heat input or mass input basis, whichever results in the greater mass
				feed rate of coal.
f) This Part
				does not apply to the beneficial use of CCR.
g) This Part does not apply to CCR placement
				at active or abandoned underground or surface coal mines.
h) This Part does not apply to landfills that
				receive CCR.
i) If a CCR surface
				impoundment has completed an Agency-approved closure before April 21, 2021,
				this Part does not require the owner or operator of the CCR surface impoundment
				to resubmit to the Agency any closure plan, closure report, or closure
				certification for that completed closure.
j) Upon completion of an Agency-approved
				closure, the CCR surface impoundment is considered a CCR surface impoundment
				that has completed closure for purposes of fee applicability under Section
				22.59(j) of the Act.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart A - GENERAL PROVISIONS › Section 845.110 - Applicability of Other Regulations

Current through Register Vol. 48, No. 28, July 12, 2024
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, state,
				tribal, or local laws or other requirements.
b) Any CCR surface impoundment or lateral
				expansion of a CCR surface impoundment is subject to the following
				requirements:
1) Illinois Endangered Species
				Protection Act [520 ILCS 10] and
				40 CFR
				257.3-2.
2) Surface Water
A) A facility must not cause a discharge of
				pollutants into waters of the United States that is in violation of the
				requirements of the National Pollutant Discharge Elimination System (NPDES)
				under section 402 of the Clean Water Act.
B) A facility must not cause a discharge of
				dredged material or fill material to waters of the United States that is in
				violation of the requirements under section 404 of the Clean Water Act, as
				amended.
C) A facility or practice
				must not cause non-point source pollution of waters of the United States that
				violates applicable legal requirements implementing an areawide or statewide
				water quality management plan that has been approved by USEPA under section 208
				of the Clean Water Act, as amended.
D) Definitions of the terms "discharge of
				dredged material", "point source", "pollutant", and "waters of the United
				States" can be found in the Clean Water Act, as amended (33 USC
				1251 et seq.) and implementing regulations,
				specifically 33 CFR 323 (42 FR 37122, July 19, 1977).
E) Except as in compliance with the
				provisions of the Act, Board regulations, and the CWA, and the provisions and
				conditions of the NPDES permit issued to the discharger, the discharge of any
				contaminant or pollutant by any facility into the waters of the State from a
				point source or into a well will be unlawful.
3) Rivers, Lakes and Streams Act
				[615 ILCS
				5/23 and 23(a)] and 17 Ill. Adm. Code 3702.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart A - GENERAL PROVISIONS › Section 845.130 - Surface Impoundment Identification

Current through Register Vol. 48, No. 28, July 12, 2024
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 surface impoundment assigned by the Agency, the name associated with
				  the CCR surface impoundment and the name of the owner or operator of the CCR
				  surface impoundment. The owner or operator must maintain the marker at all
				  times an operating permit is required under this Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart A - GENERAL PROVISIONS › Section 845.140 - Right of Inspection

Current through Register Vol. 48, No. 28, July 12, 2024
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
				facility where CCR surface impoundments are located or where any activity is to
				be conducted under a permit issued under this Part;
b) Having access to and copying at reasonable
				times any records required to be kept under the terms and conditions of a
				permit of this Part;
c) Inspecting
				at reasonable times, including during any hours of operation:
1) Equipment constructed or operated under a
				permit issued under this Part;
2)
				Equipment or monitoring methodology; or
3) Equipment required to be kept, used,
				operated, calibrated and maintained under a permit issued under this
				Part;
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart A - GENERAL PROVISIONS › Section 845.150 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
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 Engineering (AACE),
				  726 East Park Avenue #180, Fairmont, WV 26554, (304) 296-8444,
				  web.aacei.org.
"Cost Estimate Classification System - As Applied in
				  Engineering, Procurement, and Construction for the Process Industries", TCM
				  Framework: 7.3 - Cost Estimating and Budgeting. March 6, 2009, AACE
				  International Recommended Practice No. 18R-97.
NTIS. National Technical Information Service, 5285 Port Royal
				  Road, Springfield VA 22161, (703) 605-6000,
www.ntis.gov
.
"Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods", USEPA Publication No. SW-846, as amended by Updates I, II, IIA, IIB,
				  III, IIIA, and IIIB (Doc. No. 955-001-00000-1) (available online at
https://www.epa.gov/hw-sw846/sw-846-compendium
).
2) Code of Federal Regulations.
				Available from the Superintendent of Documents, U.S. Government Publishing
				Office, Washington, DC 20401, (202)783-3238,
https://www.ecfr.gov
,
https://www.govinfo.gov/app/collection/cfr
,
				or
https://www.federalregister.gov
:
40
				  CFR 257.53 (2019) (Definition of "beneficial
				  use of CCR")
40 CFR
				  257.103(f)(1)(x) (85 Fed.
				  Reg. 53563-64 (Aug. 28, 2020)) (Preparation of Semi-Annual Progress
				  Reports)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart A - GENERAL PROVISIONS › Section 845.160 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
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.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart A - GENERAL PROVISIONS › Section 845.170 - Inactive Closed CCR Surface Impoundments

Current through Register Vol. 48, No. 28, July 12, 2024
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
				845.210;
C) Section
				845.220(a),
				(c), and (f)(1);
D) Section
				845.230(c)
				and (d)(4);
E) Section
				845.250;
F) Section
				845.270;
G) Section
				845.280;
H) Section
				845.290;
3) The following Section of
				Subpart G (Closure and Post-Closure Care): Section 845.780(b), (d), and (e);
				and
4) All of Subpart I (Financial
				Assurance).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.200 - Permit Requirements and Standards of Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
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 construction
				permit issued by the Agency under this Part.
2) Except as provided in Section
				845.230(d),
				no person may operate a CCR surface impoundment without an operating permit
				issued by the Agency under this Part. For purposes of this Part, a CCR surface
				impoundment starts operation upon initial receipt of CCR.
3) No person may perform corrective action at
				a CCR surface impoundment without obtaining a construction permit for
				corrective action and modifying the facility's operating permit, or modifying
				the facility's operating permit when the approved corrective action does not
				require the modification of the CCR surface impoundment or the installation or
				modification of related treatment or mitigation facilities.
4) Except as provided in Section 22.59(e) of
				the Act, no person may close a CCR surface impoundment without obtaining a
				construction permit for closure issued by the Agency under this Part.
5) A CCR surface impoundment must maintain an
				operating permit until:
A) The completion of
				post-closure care when the CCR surface impoundment is closed with a final cover
				system; or
B) The completion of
				groundwater monitoring under Section 845.740(b) when the CCR surface
				impoundment is closed by removal.
6) The Agency may issue a joint construction
				and operating permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.210 - General Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
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 of the date of filing must be deemed conclusive unless a contrary date
				is proved by a dated, signed receipt.
b) Required Signatures of Owners or Operators
1) All permit applications must contain the
				name, address, email address and telephone number of the operator, or duly
				authorized agent, and the property owner to whom all inquiries and
				correspondence must be addressed.
2) All permit applications must be signed by
				the owner, operator or a duly authorized agent of the operator.
3) An application submitted by a corporation
				must be signed by a principal executive officer of at least the level of vice
				president, or his or her duly authorized representative, if that representative
				is responsible for the overall operation of the facility described in the
				application form. In the case of a partnership or a sole proprietorship, the
				application must be signed by a general partner or the proprietor,
				respectively. In the case of a publicly owned facility, the application must be
				signed by either the principal executive officer, ranking elected official, or
				other duly authorized employee.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.220 - Construction Permits

Current through Register Vol. 48, No. 28, July 12, 2024
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 operating the CCR surface impoundment;
ii) The name associated with the CCR surface
				impoundment; and
iii) The
				identification number of the CCR surface impoundment if one has been assigned
				by the Agency.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.230 - Operating Permits

Current through Register Vol. 48, No. 28, July 12, 2024
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 impoundment, as built, meets the location standards in the
				following Sections:
A) Section
				845.300
				(Placement Above the Uppermost Aquifer);
B) Section 845.310(Wetlands);
C) Section 845.320 (Fault Areas);
D) Section 845.330 (Seismic Impact Zones);
				and
E) Section 845.340 (Unstable
				Areas and Floodplains);
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.240 - Pre-Application Public Notification and Public Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
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, with at least one meeting to be held after 5:00 p.m. in the
				evening. Any public meeting held under this Section must be located at a venue
				that is accessible to persons with disabilities, and the owner or operator must
				provide reasonable accommodations upon request.
b) The owner or operator must prepare and
				circulate a notice explaining the proposed construction project and any related
				activities and the time and place of the public meeting. At least 30 days
				before the public meeting, the owner or operator of the CCR surface impoundment
				must:
1) Mail or hand-deliver the notice to
				the Agency and all residents within a one-mile radius from the facility
				boundary;
2) Post the notice to the
				owner's or operator's publicly accessible Internet site under Section
				845.810;
3) Post the notice in
				conspicuous locations throughout villages, towns, or cities within 10 miles of
				the facility, or use appropriate broadcast media (such as radio or
				television);
4) Request that the
				Agency email the notice to the Agency's listserv for the facility;
				and
5) Include in the notice the
				owner's and operator's contact information, the internet address where the
				information in Section 845.240(e) will be posted, and the date on which the
				information will be posted to the site.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.250 - Tentative Determination and Draft Permit

Current through Register Vol. 48, No. 28, July 12, 2024
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 include
				at least the following:
1) A statement
				regarding whether the permit is to be issued or denied; and
2) If the determination is to issue the
				permit, a draft permit and a brief description of any conditions contained in
				the permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.260 - Draft Permit Public Notice and Participation

Current through Register Vol. 48, No. 28, July 12, 2024
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
1) Not earlier than 15 days following the
				Agency's notification to the applicant of its tentative decision under Section
				845.250
				to issue or deny the permit application, the Agency must circulate public
				notice of the completed application for the permit in a manner designed to
				inform interested and potentially interested persons of the construction,
				modification, operation or closure of a CCR surface impoundment and of the
				proposed determination to issue or deny the permit.
2) The contents of public notice of completed
				applications for permits must include at least the following:
A) Name, address, and telephone number of the
				Agency;
B) Name and address of the
				applicant;
C) Brief description of
				the applicant's activities or operations that result in the construction,
				operation, modification or closure of a CCR surface impoundment;
D) A statement of the tentative determination
				to issue or deny the permit;
E) A
				brief description of the procedures for the formulation of final
				determinations, including the procedures for submitting comments and the
				expiration date of the comment period;
F) Address and telephone number of Agency
				premises at which interested persons may obtain further information and request
				a copy of the permit application and related documents;
G) A translation of the public notice into
				the appropriate language or languages will be made if the Agency determines
				that a project is located within one mile of a significant population of
				non-English speaking residents;
H)
				A brief description of how members of the public can request a public hearing
				under Section 845.260(d); and
I) A
				brief description of how members of the public can request being added to the
				Agency's listserv for the facility.
3) Procedures for the circulation of public
				notice required under this Section must include at least the following
				concurrent actions:
A) Posting on the Agency's
				webpage and all the Agency's social media outlets;
B) Mailing the notice to the clerk of the
				nearest city, town or village requesting further posting in conspicuous
				locations throughout the city, town or village;
C) Requiring the applicant to post the notice
				near the entrance to the applicant's premises; and
D) Emailing the notice to the Agency's
				listserv for the facility.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.270 - Final Permit Determination and Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
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 issue or deny the permit.
c)
				The Agency must provide a notice of the issuance or denial of the permit to the
				applicant, to any person who provides comments or an email address to the
				Agency during the public notice period or a public hearing, and to any person
				on the Agency's listserv for the facility. The Agency must post its final
				permit determination and, if a public hearing was held, the responsiveness
				summary, to the Agency's website. The notice must briefly indicate any
				significant changes that were made from the terms and conditions of the draft
				permit.
d) In the case of denial,
				the Agency must inform the applicant of the reasons for denial, as required by
				Section 39(a) of the Act.
e) Appeal
1) If the Agency refuses to grant, or grants
				with conditions, a permit under this Part, the applicant may petition the Board
				to appeal the Agency's final decision under Section 40 of the Act.
2)
If the Agency grants or denies a
				permit under this Part, a third party, other than the permit applicant or
				Agency, may appeal the Agency's decision as provided under federal law for CCR
				surface impoundment permits.
[415 ILCS
				5/40(g)]
3) All appeals must be filed with the Board
				within 35 days after the final action is served on the applicant.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.280 - Transfer, Modification and Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
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 applicable financial requirements of Subpart I.
b) Agency Initiated Modification. The Agency
				may modify a permit under the following conditions:
1) Discovery of a typographical or
				calculation error;
2) Discovery
				that a determination or condition was based upon false or misleading
				information;
3) An order of the
				Board issued in an action brought under Title VII, VIII, IX or X of the Act;
				or
4) Promulgation of new statutes
				or regulations affecting the permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart B - PERMITTING › Section 845.290 - Construction Quality Assurance Program

Current through Register Vol. 48, No. 28, July 12, 2024
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 retrofit of an
				existing CCR surface impoundment;
3) Installation of a groundwater collection
				system and discharge system;
4)
				Installation of the groundwater monitoring system; and
5) Installation of the final cover
				system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart C - LOCATION RESTRICTIONS › Section 845.300 - Placement Above the Uppermost Aquifer

Current through Register Vol. 48, No. 28, July 12, 2024
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 aquifer, or must demonstrate that there will not be an
				intermittent, recurring, or sustained hydraulic connection between any portion
				of the base of the CCR surface impoundment and the uppermost aquifer due to
				normal fluctuations in groundwater elevations (including the seasonal high
				water table).
b) The owner or
				operator of the CCR surface impoundment must obtain a certification from a
				qualified professional engineer stating that the demonstration meets the
				requirements of subsection (a).
c)
				The owner or operator of an existing CCR surface impoundment must complete the
				demonstration required by subsection (a) and submit the completed
				demonstration, along with a qualified professional engineer's certification, to
				the Agency in the facility's initial operating permit application.
d) The owner or operator of a new CCR surface
				impoundment or a lateral expansion of a CCR surface impoundment must submit
				plans and specifications in a construction permit application that demonstrate
				the CCR surface impoundment will be constructed under subsection (a). Upon
				completion of construction, the owner or operator must obtain a certification
				from a qualified professional engineer that the CCR surface impoundment or
				lateral expansion was constructed in accordance with the requirements in
				subsection (a) and submit the certification to the Agency in the facility's
				initial operating permit application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart C - LOCATION RESTRICTIONS › Section 845.320 - Fault Areas

Current through Register Vol. 48, No. 28, July 12, 2024
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 operator demonstrates that an alternative setback distance of less
				than 60 meters (200 feet) will prevent damage to the structural integrity of
				the CCR surface impoundment.
b) The
				owner or operator of the CCR surface impoundment must obtain a certification
				from a qualified professional engineer stating that the demonstration meets the
				requirements of subsection (a).
c)
				The owner or operator of an existing CCR surface impoundment must complete the
				demonstration required by subsection (a) and submit the completed
				demonstration, along with the qualified professional engineer's certification,
				to the Agency with the facility's initial operating permit
				application.
d) The owner or
				operator of a new CCR surface impoundment or a lateral expansion of a CCR
				surface impoundment must submit plans and specifications in a construction
				permit application that demonstrate the CCR surface impoundment will be
				constructed under subsection (a). Upon completion of construction, the owner or
				operator must obtain a certification from a qualified professional engineer
				that the CCR surface impoundment or lateral expansion was constructed in
				accordance with the requirements in subsection (a) and submit the certification
				to the Agency in the facility's initial operating permit application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart C - LOCATION RESTRICTIONS › Section 845.330 - Seismic Impact Zones

Current through Register Vol. 48, No. 28, July 12, 2024
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,
				leachate collection and removal systems, and surface water control systems, are
				designed to resist the maximum horizontal acceleration in lithified earth
				material for the site.
b) The owner
				or operator of the CCR surface impoundment must obtain a certification from a
				qualified professional engineer stating that the demonstration meets the
				requirements of subsection (a).
c)
				The owner or operator of an existing CCR surface impoundment must complete the
				demonstration required by subsection (a) and submit the completed
				demonstration, along with the qualified professional engineer's certification,
				to the Agency with the facility's initial operating permit
				application.
d) The owner or
				operator of a new CCR surface impoundment or a lateral expansion of a CCR
				surface impoundment must submit plans and specifications in a construction
				permit application that demonstrate the CCR surface impoundment will be
				constructed under subsection (a). Upon completion of construction, the owner or
				operator must obtain a certification from a qualified professional engineer
				that the CCR surface impoundment or lateral expansion was constructed in
				accordance with the requirements of subsection (a) and submit the certification
				to the Agency in the facility's initial operating permit application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart C - LOCATION RESTRICTIONS › Section 845.340 - Unstable Areas and Floodplains

Current through Register Vol. 48, No. 28, July 12, 2024
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 engineering
				practices have been incorporated into the design of the CCR surface impoundment
				to ensure that the integrity of the structural components of the CCR surface
				impoundment will not be disrupted.
b) The owner or operator must consider all
				the following factors, at a minimum, when determining whether an area is
				unstable:
1) On-site or local soil conditions,
				including liquefaction, that may result in significant differential
				settling;
2) On-site or local
				geologic or geomorphologic features; and
3) On-site or local human-made features or
				events (both surface and subsurface).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart C - LOCATION RESTRICTIONS › Section 845.350 - Failure to Meet Location Standards

Current through Register Vol. 48, No. 28, July 12, 2024
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 surface impoundment, or any lateral expansion
				of a CCR surface impoundment, who fails to make the demonstration showing
				compliance with the requirements of this Subpart is prohibited from placing CCR
				in the CCR surface impoundment.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart D - DESIGN CRITERIA › Section 845.400 - Liner Design Criteria for Existing CCR Surface Impoundments

Current through Register Vol. 48, No. 28, July 12, 2024
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 an alternative composite liner that meets the
				requirements of subsection (c).
b)
				Composite Liner
1) A composite liner must
				consist of two components: the upper component consisting of, at a minimum, a
				30-mil geomembrane liner, and the lower component consisting of at least a
				two-foot layer of compacted soil with a hydraulic conductivity of no more than
				1 x 10-7 centimeters per second (cm/sec). The
				geomembrane liner components consisting of high-density polyethylene (HDPE)
				must be at least 60 mil. The geomembrane liner or upper liner component must be
				installed in direct and uniform contact with the compacted soil or lower liner
				component.
2) The composite liner
				must be:
A) Constructed of materials that have
				appropriate chemical properties and sufficient strength and thickness to
				prevent failure due to pressure gradients (including static head and external
				hydrogeologic forces), physical contact with the CCR or leachate to which they
				are exposed, climatic conditions, the stress of installation, and the stress of
				daily operation;
B) Constructed of
				materials that provide appropriate shear resistance of the upper and lower
				component interface to prevent sliding of the upper component, including on
				slopes;
C) Placed upon a foundation
				or base capable of providing support to the liner and resistance to pressure
				gradients above and below the liner to prevent failure of the liner due to
				settlement, compression, or uplift; and
D) Installed to cover all surrounding earth
				likely to be in contact with the CCR or leachate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart D - DESIGN CRITERIA › Section 845.410 - Liner Design Criteria for New CCR Surface Impoundments and Any Lateral Expansion of a CCR Surface Impoundment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				New CCR surface impoundments and lateral expansions of existing and new CCR
				surface impoundments must be designed, constructed, operated, and maintained
				with either a composite liner or an alternative composite liner that meets the
				requirements of Section 845.400(b) or (c).
b) Any liner specified in this Section must
				be installed to cover all surrounding earth likely to be in contact with CCR.
				Dikes must not be constructed so as to damage the composite liner.
c) Before construction, the owner or operator
				must obtain certification from a qualified professional engineer that the
				design of the composite liner or, if applicable, the design of an alternative
				composite liner complies with the requirements of this Section and submit this
				certification to the Agency in the facility's construction permit
				application.
d) Upon completion of
				construction, the owner or operator must obtain a certification from a
				qualified professional engineer that the composite liner or, if applicable, the
				alternative composite liner has been constructed in accordance with the
				requirements of this Section and submit this certification to the Agency in the
				facility's initial operating permit application.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart D - DESIGN CRITERIA › Section 845.420 - Leachate Collection and Removal System

Current through Register Vol. 48, No. 28, July 12, 2024
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 maintained to collect and remove leachate from the leachate collection
				  system of the CCR surface impoundment during its active life and post-closure
				  care period.
a) The leachate
				collection and removal system must:
1) Be
				placed above the liner required by Section 845.400 or Section
				845.410;
2) Have placed above it a
				filter layer that has a hydraulic conductivity of at least 1 x
				10-5 cm/sec;
3) Have a bottom slope of three percent or
				more towards the collection pipes;
4) Be constructed of:
A) Granular drainage materials with a
				hydraulic conductivity of 1 x 10-1 cm/sec or more
				and a thickness of 24 inches or more above the crown of the collection pipe;
				or
B) Synthetic drainage materials
				with a transmissivity of 6 x 10-4
				m2/sec or more;
5) Be constructed of materials that are
				chemically resistant to CCR and any non-CCR waste managed in the CCR surface
				impoundment and the leachate expected to be generated, and of sufficient
				strength and thickness to prevent collapse under the pressures exerted by
				overlying waste and any waste cover materials and equipment used at the CCR
				surface impoundment;
6) Be
				designed, constructed and operated with collection pipes at the base of the
				granular material to prevent clogging with fines during the active life and
				post-closure care period;
7) Have
				collection pipes:
A) Designed such that
				leachate is collected at a sump and is pumped or flows out of the CCR surface
				impoundment;
B) With slopes that
				allow flow from all points within the CCR surface impoundment to the sump or
				drain outlet; and
C) Large enough
				to conduct periodic cleaning;
8) Have a protective layer or other means of
				deflecting the force of CCR pumped into the CCR surface impoundment;
9) Be designed and operated to minimize
				clogging during the active life and post-closure care period; and
10) At a minimum, the leachate collection and
				removal system must be operated to remove free liquids from the CCR surface
				impoundment at the time of closure and during post closure care.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart D - DESIGN CRITERIA › Section 845.430 - Slope Maintenance

Current through Register Vol. 48, No. 28, July 12, 2024
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 subsection (b).
a) Slope protection must consist of one of
				the following:
1) A vegetative cover
				consisting of grassy vegetation;
2)
				An engineered cover consisting of a single form or combination of forms of
				engineered slope protection measures; or
3) A combination of the forms of cover
				specified in subsection (a)(1) or (a)(2).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart D - DESIGN CRITERIA › Section 845.440 - Hazard Potential Classification Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
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 owner or operator
				must document the hazard potential classification of each CCR surface
				impoundment as either a Class 1 or Class 2 CCR surface impoundment. The owner
				or operator must also document the basis for each hazard potential
				classification.
2) The owner or
				operator of the CCR surface impoundment must obtain a certification from a
				qualified professional engineer stating that the initial hazard potential
				classification and each annual classification was conducted in accordance with
				the requirements of this Section.
3) Timeframe for Submission of the Hazard
				Potential Classification Assessments and Certifications
A) The owner or operator of a new CCR surface
				impoundment must submit the initial hazard potential classification assessment
				certification with the initial operating permit application before the initial
				receipt of CCR in the surface impoundment.
B) The owner or operator of an existing CCR
				surface impoundment must submit the initial hazard potential classification
				assessment certification with its first annual inspection report required by
				Section 845.540(b).
C) The owner or
				operator of a CCR surface impoundment must submit the annual hazard potential
				classification assessment certification each year with the annual inspection
				required by Section 845.540(b).
D)
				The owner or operator of a CCR surface impoundment must place each hazard
				potential classification assessment in the facility's operating record (see
				Section 845.800(d)(4)).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart D - DESIGN CRITERIA › Section 845.450 - Structural Stability Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
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
				consistent with recognized and generally accepted engineering practices for the
				maximum volume of CCR and CCR wastewater that can be impounded in the CCR
				surface impoundment. The assessment must, at a minimum, document whether the
				CCR surface impoundment has been designed, constructed, operated, and
				maintained with:
1) Stable foundations and
				abutments;
2) Adequate slope
				protection to protect against surface erosion, wave action, and adverse effects
				of sudden drawdown;
3) Dikes
				mechanically compacted to a density sufficient to withstand the range of
				loading conditions in the CCR surface impoundment;
4) Slope protection consistent with Section
				845.430;
5) A single spillway or a
				combination of spillways configured as specified in subsection (a)(5)(A). The
				combined capacity of all spillways must be designed, constructed, operated, and
				maintained to adequately manage flow during and following the peak discharge
				from the event specified in subsection (a)(5)(B).
A) All spillways must be either:
i) Of non-erodible construction and designed
				to carry sustained flows; or
ii)
				Earth- or grass-lined and designed to carry short-term, infrequent flows at
				non-erosive velocities where sustained flows are not expected.
B) The combined capacity of all
				spillways must adequately manage flow during and following the peak discharge
				from a:
i) Probable maximum flood for a Class
				1 CCR surface impoundment; or
ii)
				1000-year flood for a Class 2 CCR surface impoundment.
6) Hydraulic structures underlying
				the base of the CCR surface impoundment or passing through the dike of the CCR
				surface impoundment that maintain structural integrity and are free of
				significant deterioration, deformation, distortion, bedding deficiencies,
				sedimentation, and debris that may negatively affect the CCR surface
				impoundment; and
7) For CCR surface
				impoundments with downstream slopes that can be inundated by the pool of an
				adjacent water body, such as a river, stream or lake, downstream slopes that
				maintain structural stability during low pool of the adjacent water body or
				sudden drawdown of the adjacent water body.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 845 - STANDARDS FOR THE DISPOSAL OF COAL COMBUSTION RESIDUALS IN SURFACE IMPOUNDMENTS › Subpart D - DESIGN CRITERIA › Section 845.460 - Safety Factor Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
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
				achieve the minimum safety factors specified in this Section for the critical
				cross-section of the embankment. The critical cross-section is the
				cross-section anticipated to be the most susceptible of all cross-sections to
				structural failure based on appropriate engineering considerations, including
				loading conditions. The safety factor assessments must be supported by
				appropriate engineering calculations.
1) For
				new CCR surface impoundments, the calculated static factor of safety under the
				end-of-construction loading condition must equal or exceed
				1.30.
				The assessment of this loading condition is only required for the initial
				safety factor assessment and is not required for subsequent
				assessments.
2) The calculated
				static factor of safety under the long-term, maximum storage pool loading
				condition must equal or exceed
				1.50.
3) The calculated static factor of safety
				under the maximum surcharge pool loading condition must equal or exceed
				1.40.
4) The calculated seismic factor of safety
				must equal or exceed 1.00.
5) For
				dikes constructed of soils that have susceptibility to liquefaction, the
				calculated liquefaction factor of safety must equal or exceed
				1.20.
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 845.510 - Hydrologic and Hydraulic Capacity Requirements for CCR Surface Impoundments

Current through Register Vol. 48, No. 28, July 12, 2024
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 flood control system as specified in subsections (a)(1) and (2).
1) The inflow design flood control system
				must adequately manage flow into the CCR surface impoundment during and
				following the peak discharge of the inflow design flood specified in subsection
				(a)(3).
2) The inflow design flood
				control system must adequately manage flow from the CCR surface impoundment to
				collect and control the peak discharge resulting from the inflow design flood
				specified in subsection (a)(3).
3)
				The inflow design flood, at a minimum, is:
A)
				For a Class 1 CCR surface impoundment, as determined under Section 845.440(a),
				the probable maximum flood;
B) For
				a Class 2 CCR surface impoundment, as determined under Section 845.440(a), the
				1000-year flood; or
C) For an
				incised CCR surface impoundment, the 25-year flood.