Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 615 - EXISTING ACTIVITIES IN A SETBACK ZONE OR REGULATED RECHARGE AREA › Subpart A - GENERAL › Section 615.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Except as stated in this Section, and unless a different
				  meaning of a word or term is clear from the context, the definitions of words
				  or terms in this Part are the same as those used in the Act or the Illinois
				  Groundwater Protection Act [415 ILCS 55 ]:
"Above-ground storage tank" means a storage tank that is not
				  an underground storage tank.
"Act" means the Environmental Protection Act [415 ILCS
				  5 ].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Board" means the Illinois Pollution Control Board.
"Certification" means a statement of professional opinion
				  based upon knowledge and belief.
"Community water supply" means
a public water supply
				  which serves or is intended to serve at least 15 service connections used by
				  residents or regularly serves at least 25 residents.
[415 ILCS
				  5/3.145 ]
"Commencement of construction" means that
all
				  necessary federal, State
,
and local approvals have been
				  obtained, and work at the site has been initiated and proceeds in a reasonably
				  continuous manner to completion.
[415 ILCS
				  5/3.350 ]
"Compliance point" means any point in groundwater designated
				  at 35 Ill. Adm. Code 620.Subpart B as a Class I through III groundwater at
				  which a contaminant released from the unit could pass underneath the unit
				  boundary. There may be more than one compliance point for a particular
				  unit.
"Container" means any portable device (including 55-gallon
				  drums) in which material is stored, treated, disposed of, or otherwise handled.
				  The term "container" does not include a vehicle used to transport
				  material.
"Containerized" means being in a container.
"Contaminant" means
any solid, liquid, or gaseous
				  matter, any odor, or any form of energy, from whatever source.
[415 ILCS
				  5/3.165 ]
"Contamination" or "contaminate"
, when used in
				  connection with groundwater,
means
water pollution of such
				  groundwater.
[415 ILCS 5/3.170 ]
"Date of first applicability" means January 10, 1992, for any
				  unit located within a minimum setback zone, except that:
If a unit is first incorporated into any setback zone by an
				  ordinance or regulation that establishes a maximum setback zone, the date of
				  first applicability is January 10, 1992, or the effective date of the ordinance
				  or regulation that establishes the maximum setback zone, whichever is later;
				  or
If a unit is located in a part of a regulated recharge area
				  that was not previously part of a setback zone, the date of first applicability
				  is the effective date of the regulation that establishes the regulated recharge
				  area.
"De-Icing agent" means a chemical used for de-icing,
				  including sodium chloride and calcium chloride. Sand, ashes, or other abrasive
				  materials that do not alter the freezing point of water are not de-icing
				  agents.
"Detection" means the identification of a contaminant in a
				  sample at a value equal to or greater than the:
"Method Detection Limit" or "MDL", which means the minimum
				  measured concentration of a substance that can be reported with 99 percent
				  confidence that the measured concentration is distinguishable from the method
				  blank results under 40 CFR
				  136, Appendix B, incorporated by reference at
				  Section 615.103; or
"Method Quantitation Limit" or "MQL", which means the minimum
				  concentration of a substance that can be measured and reported according to
				  "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods",
				  incorporated by reference at Section 615.103.
"Dike" means an embankment or ridge of either natural or
				  manmade materials used to prevent the movement of liquids, sludges, solids, or
				  other materials.
"Discharge" means the accidental or intentional spilling,
				  leaking, pumping, pouring, emitting, emptying, or dumping of any material onto
				  or on any land or water.
"Disposal" means
the discharge, deposit, injection,
				  dumping, spilling, leaking, or placing of any waste or hazardous waste into or
				  on any land or water or into any well so that such waste or hazardous waste or
				  any constituent thereof may enter the environment or be emitted into the air or
				  discharged into any waters, including groundwaters.
[415 ILCS
				  5/3.185 ]
"Existing unit" means a unit that was in operation or for
				  which there is commencement of construction on or before the date of first
				  applicability, except that a unit is not an existing unit if the unit:
Expands laterally beyond the currently permitted boundary, or
				  the unit boundary if the unit is not permitted, in existence after the date of
				  first applicability; or
Is part of a facility that undergoes major reconstruction
				  after the date of first applicability; or
Reopens at any time after having submitted a certification of
				  closure to the Agency.
"Facility" means all contiguous land and structures, other
				  appurtenances, and improvements on the land used for the treating, storing,
				  handling, or disposal of any material which causes that unit to be regulated
				  under this Part. A facility may consist of one or more units.
"Freeboard" means the vertical distance between the top of a
				  tank or dike and the surface of the material contained therein.
"Free liquids" means liquids that readily separate from the
				  solid portion of a waste under ambient temperature and pressure. To demonstrate
				  the absence or presence of free liquids in either containerized or bulk waste,
				  the following test must be used: Method 9095 (Paint Filter Liquids Test) as
				  described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical
				  Methods", incorporated by reference at Section 615.103.
"Groundwater" means
underground water which occurs
				  within the saturated zone and geologic materials where the fluid pressure in
				  the pore space is equal to or greater than atmospheric pressure.
[415 ILCS
				  5/3.210 ]
"Groundwater standards" means the water quality standards for
				  groundwater adopted by the Board under Section 8 of the Illinois Groundwater
				  Protection Act [415 ILCS 55 ] and found at 35
				  Ill. Adm. Code 620.
"Hazardous waste" means
a waste, or combination of
				  wastes, which because of its quantity, concentration, or physical, chemical, or
				  infectious characteristics may cause or significantly contribute to an increase
				  in mortality or an increase in serious, irreversible, or incapacitating
				  reversible, illness; or pose a substantial present or potential hazard to human
				  health or the environment when improperly treated, stored, transported, or
				  disposed of, or otherwise managed, and which has been identified, by
				  characteristics or listing, as hazardous pursuant to Section 3001 of the
				  Resource Conservation and Recovery Act of 1976,
				  P.L.
				  94-580, or pursuant to Board regulations
.
				  [415 ILCS
				  5/3.220 ]
"Incompatible material" means a material that may:
Cause corrosion or decay of containment materials (e.g.,
				  container inner liners or tank walls); or
When commingled with another material, produces heat or
				  pressure, fire, explosion, violent reaction, toxic dusts, mists, fumes or
				  gases, or flammable fumes or gases.
"Landfill" means a unit or part of a facility in or on which
				  waste is placed and accumulated over time for disposal, and which is not a land
				  application unit, a surface impoundment, or an underground injection
				  well.
"Landscape waste" means
all accumulations of grass or
				  shrubbery cuttings, leaves, tree limbs, and other materials accumulated as the
				  result of the care of lawns, shrubbery, vines, and trees.
[415 ILCS
				  5/3.270 ]
"Land application unit" means an area where wastes are
				  agronomically spread over or disked into land or otherwise applied so as to
				  become incorporated into the soil surface.
"Land treatment" means the application of waste onto or
				  incorporation of waste into the soil surface. For the purposes of this Part, a
				  land application unit is a land treatment unit.
"Leachate" means any liquid, including suspended components
				  in the liquid, that has percolated through or drained from a material.
"Licensed water well contractor" means a person licensed
				  under the Water Well and Pump Installation Contractor's License Act
				  [225 ILCS
				  345 ].
"Liner" means a continuous layer of natural or manmade
				  materials beneath or on the side of a surface impoundment, landfill, landfill
				  cell, waste pile, or storage pile that restricts the downward or lateral escape
				  of waste, waste constituents, leachate, or stored materials.
"Major reconstruction" means commencement of construction at
				  a facility where the fixed capital cost of the new components constructed
				  within two years exceeds 50% of the fixed capital cost of a comparable entirely
				  new facility. New components do not include any new components necessary for
				  compliance with this Part.
"New unit" means a unit that is not an existing unit.
"Non-community water supply" means
a public water
				  supply that is not a community water supply.
[415 ILCS
				  5/3.145 ]
"Non-special waste" means a waste that is not a special
				  waste.
"Off-site" means not on-site.
"On-site", "on the site", or "on the same site" means the
				  same or geographically contiguous property which may be divided by public or
				  private right-of-way if the entrance and exit between the properties is at a
				  crossroads intersection and access is by crossing as opposed to going along the
				  right-of-way. Noncontiguous properties owned by the same person but connected
				  by a right of way controlled by that person and to which the public does not
				  have access are also considered on-site property.
"Operator" means the person responsible for the operation of
				  a site, facility, or unit.
"Owner" means the person who owns a site, facility, or unit
				  or part of a site, facility, or unit, or who owns the land on which the site,
				  facility, or unit is located.
"Pesticide" means
any substance or mixture of
				  substances intended for preventing, destroying, repelling, or mitigating any
				  pest or any substance or mixture of substances intended for use as a plant
				  regulator, defoliant, or desiccant.
[415 ILCS
				  5/3.320 ]
"Pile" means any noncontainerized accumulation of solid,
				  non-flowing material that is used for treatment, storage, or disposal.
"Potable" means
generally fit for human consumption
				  in accordance with accepted water supply principles and practices.
[415 ILCS
				  5/3.340 ]
"Practical Quantitation Limit" or "PQL" means the lowest
				  concentration or level that can be reliably measured within specified limits of
				  precision and accuracy during routine laboratory operating conditions in
				  compliance with "Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods," incorporated by reference at Section 615.103.
"Public water supply" means
all mains, pipes, and
				  structures through which water is obtained and distributed to the public,
				  including wells and well structures, intakes and cribs, pumping stations,
				  treatment plants, reservoirs, storage tanks, and appurtenances, collectively or
				  severally, actually used or intended for use for the purpose of furnishing
				  water for drinking or general domestic use and which serve at least 15 service
				  connections or which regularly serve at least 25 persons at least 60 days per
				  year. A public water supply is either a "community water supply" or a
				  "non-community water supply".
[415 ILCS
				  5/3.365 ]
"Reactive material" means a material that meets one or more
				  of the following criteria:
It is normally unstable and readily undergoes violent change
				  without detonating;
It reacts violently with water;
It forms potentially explosive mixtures with water;
When mixed with water, it generates toxic gases, vapors, or
				  fumes in a quantity sufficient to present a danger to human health or the
				  environment;
It is capable of detonation or explosive reaction if it is
				  subject to a strong initiating source, or if heated under confinement;
It is readily capable of detonation or explosive
				  decomposition or reaction at standard temperature and pressure; or
It is a forbidden explosive as defined in
				  49 CFR
				  173 incorporated by reference at Section
				  615.103, a Class A explosive as defined in
				  49 CFR
				  173.53, or a Class B explosive as defined in
				  49 CFR
				  173.88.
"Registered land surveyor" means a person registered under
				  the Illinois Professional Land Surveyors Act of 1989 [225 ILCS
				  330 ].
"Registered professional engineer" means a person registered
				  under the Professional Engineering Practice Act of 1989 [225 ILCS
				  325 ].
"Regulated recharge area" means
a compact geographic
				  area, as determined by the Board
pursuant to Section
				  17.4 of the Act,
the
				  geology of which renders a potable resource groundwater particularly
				  susceptible to contamination.
[415 ILCS
				  5/3.390 ]
"Road oil" means slow-curing asphaltic oils that show no
				  separation on standing and are used for road construction, maintenance, or
				  repair.
"Runoff" means any rainwater, leachate, or other liquid that
				  drains over land from any part of a facility.
"Run-on" means any rainwater, leachate, or other liquid that
				  drains over land onto any part of a facility.
"Secondary containment structure" means any structure or
				  basin intended to contain spills and prevent runoff or leaching from piles,
				  containers, or tanks and related piping.
"Setback zone" means
a geographic area, designated
				  pursuant to this Act, containing a potable water supply well or a potential
				  source or potential route, having a continuous boundary, and within which
				  certain prohibitions or regulations are applicable in order to protect
				  groundwaters.
[415 ILCS 5/3.450 ]
"Site" means
any location, place, tract of land, and
				  facilities, including buildings, and improvements used for purposes subject to
				  regulation or control by this Act or regulations thereunder.
[415 ILCS
				  5/3.460 ]
"Sludge" means
any solid, semi-solid, or liquid waste
				  generated from a municipal, commercial, or industrial wastewater treatment
				  plant, water supply treatment plant, or air pollution control facility or any
				  other such waste having similar characteristics and effects.
[415 ILCS
				  5/3.465 ]
"Special waste" means
any industrial process waste,
				  pollution control waste or hazardous waste except as determined pursuant
				  to
Section 22.9 of the Act and 35 Ill. Adm.
				  Code 808. [415 ILCS 5/3.475 ]
"Storage" means the holding or containment of a material,
				  either temporarily or for years, in a manner as not to constitute disposal of
				  the material.
"Surface impoundment" means a natural topographical
				  depression, man-made excavation, or diked area that is designed to hold liquid
				  wastes or wastes containing free liquids.
"Surface water" means all waters that are open to the
				  atmosphere.
"Tank" means a stationary device, designed to contain an
				  accumulation of material that is constructed of non-earthen materials (e.g.,
				  wood, concrete, steel, plastic) that provide structural support. The term
				  "tank" does not include areas used to accumulate materials before pumping to
				  tanks or containers (e.g., sump pits) or associated piping. The term "tank"
				  does not include vehicles used to transport material.
"Treatment" means any method, technique, or process,
				  including neutralization, designed to change the physical, chemical, or
				  biological character or composition of any material so as to neutralize such
				  material, or so as to recover energy or material resources from the material or
				  so as to render such material nonhazardous or less hazardous, safer to
				  transport, store or dispose of, or amenable for recovery, amenable for storage
				  or reduced in volume.
"Underground storage tank" means a storage tank as defined at
				  35 Ill. Adm. Code 731.101(f).
"Unit" means
any device, mechanism, equipment, or
				  area (exclusive of land utilized only for agricultural production). This term
				  includes secondary containment structures and their contents at agrichemical
				  facilities.
[415 ILCS 5/3.465 ]
"Unit boundary" means a line at the land's surface
				  circumscribing the area on which, above which, or below which waste,
				  pesticides, fertilizers, road oils, or de-icing agents will be placed during
				  the active life of the facility. The space taken up by any liner, dike, or
				  other barrier designed to contain waste, pesticides, fertilizers, road oils, or
				  de-icing agents falls within the unit boundary.
"Waste" means
any garbage, sludge from a waste
				  treatment plant, water supply treatment plant, or air pollution control
				  facility or other discarded material, including solid, liquid, semi-solid, or
				  contained gaseous material resulting from industrial, commercial, mining, and
				  agricultural operations, and from community activities, but does not
				  include:
industrial discharges subject to
NPDES
				  permits issued pursuant to 35 Ill. Adm. Code 309
;
source, spent nuclear, or by-product materials as
				  defined by the Atomic Energy Act of 1954
(42 U.S.C. 2014)
				  ;
any solid or dissolved material from any
material subject to 62 Ill. Adm. Code 1700 through 1850
.
[415 ILCS
				  5/3.535 ]
"Waste pile" means a pile consisting of waste that has a
				  total volume greater than 10 cubic yards or within which the waste remains for
				  more than 90 days.
"Waters" means
all accumulations of water, surface
				  and underground, natural and artificial, public and private, or parts thereof,
				  which are wholly or partially within, flow through, or border upon this
				  State.
[415 ILCS 5/3.550 ]
"Well" means
a bored, drilled, or driven shaft, or
				  dug hole, the depth of which is greater than the largest surface
				  dimension.
[415 ILCS 5/3.555
				  ]