reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Section 832.104 - Required Notifications

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall not issue a development or construction permit
				after December 31, 1990 for any composting facility, unless the applicant has
				given notice thereof:
a) In person or
			 by mail to the members of the General Assembly from the legislative district in
			 which the proposed facility is to be located;
b) By registered or certified mail to the
			 owners of all real property located within 250 feet of the site of the proposed
			 facility (determined as provided in subsection (b) of Section 39.2 of the Act);
			 and
c) To the general public by
			 publication in a newspaper of general circulation in the county in which the
			 proposed facility is to be located. (Section 22.26 of the Act.)
1) At a minimum, the newspaper notification
			 must meet the following requirements:
A)
			 Publication in the legal notice section of a daily newspaper in circulation
			 within the city or area in which the facility is proposed to be
			 located;
B) Published once a week
			 for three successive weeks, pursuant to Section 3 of the Illinois Notice by
			 Publication Act [715 ILCS
			 5/3 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Section 832.105 - Agency Decision Deadlines

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 If there is no final action by the Agency within 90 days after the filing of
			 the application for permit, the applicant may deem the permit issued; except
			 that this time period shall be extended to 180 days when notice and opportunity
			 for public hearing are required by State or Federal law or regulation. (Section
			 39(a) of the Act.)
b) An
			 application for permit pursuant to this Part shall not be deemed filed until
			 the Agency has received all information and documentation in the form and with
			 the content required pursuant to this Part, 35 Ill. Adm. Code 830 and 35 Ill.
			 Adm. Code 831. However, if, pursuant to the standards for the denial of a
			 permit, the Agency fails to notify the applicant within 30 days following the
			 filing of a purported application that the application is incomplete and the
			 reason the Agency deems it incomplete, the application shall be deemed to have
			 been filed as of the date of such purported filing as calculated pursuant to
			 Section 832.103. The applicant may treat the Agency's notification that an
			 application is incomplete as a denial of the application for the purpose of
			 permit appeal.
c) The applicant may
			 waive the right to a final decision within the decision deadline. Such waiver
			 shall be submitted in writing to the Agency prior to the applicable deadline in
			 subsection (a) of this Section.
d)
			 The applicant may modify a permit application at any time prior to the Agency
			 decision deadline date. Any modification of a permit application must
			 constitute a new application for the purposes of calculating the Agency
			 decision deadline date.
e) Final
			 action must be deemed to have taken place on the date that such final action is
			 signed.
f) The Agency shall mail
			 all notices of final action by registered or certified mail, postmarked with a
			 date stamp and accompanied by a return receipt request.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Section 832.106 - Standards for Issuance of a Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 When the Board has by regulation required a permit for the construction,
			 installation, or operation of any type of facility, equipment, vehicle, vessel,
			 or aircraft, the applicant shall apply to the Agency for such permit and it
			 shall be the duty of the Agency to issue such permit upon proof by the
			 applicant that the facility, equipment, vehicle, vessel, or aircraft will not
			 cause a violation of the Act or of regulations set forth in 35 Ill. Adm. Code:
			 Chapter I.
b) In granting permits,
			 the Agency may impose such conditions as may be necessary to accomplish the
			 purposes of the Act, and as are not inconsistent with the regulations
			 promulgated by the Board.
c) No
			 permit shall be issued by the Agency under the act for construction or
			 operation of any facility or site located within the boundaries of any setback
			 zone established pursuant to the Act, where such construction or operation is
			 prohibited. (Section 39 of the Act.)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Section 832.107 - Standards for Denial of a Permit

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency denies any permit pursuant to this Section, the
				Agency shall transmit to the applicant, within the time limitations for Agency
				decision deadlines, specific, detailed statements as to the reasons the permit
				application was denied. Such statements shall include but not be limited to the
				following:
a) The Sections of the Act
			 that may be violated if the permit were granted;
b) The provision of the regulations set forth
			 in 35 Ill. Adm. Code: Chapter I, promulgated pursuant to the Act, that may be
			 violated if the permit were granted;
c) The specific information, if any, the
			 Agency deems the applicant did not provide in its application to the Agency;
			 and
d) A statement of specific
			 reasons why the Act and the regulations set forth in 35 Ill. Adm. Code: Chapter
			 I might be violated if the permit were granted. (Section 39(m) of the
			 Act.)
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Section 832.108 - Permit Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
If the Agency refuses to grant or grants with conditions a
				permit under Section 39 of the Act, the applicant may, within 35 days, petition
				for a hearing before the Board to contest the decision of the Agency. (Section
				40(a)(1) of the Act.) The petition shall be filed, and the proceeding
				conducted, pursuant to the procedures of Section 40 of the Act and 35 Ill. Adm.
				Code 101 and 105.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Section 832.109 - Permit No Defense

Current through Register Vol. 48, No. 28, July 12, 2024
The issuance and possession of a permit shall not constitute a
				defense to a violation of the Act or any Board regulations, except for the
				development and operation of a facility without a permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Section 832.111 - Transfer of Permit

Current through Register Vol. 48, No. 28, July 12, 2024
A permit may be transferred to a new operator only upon permit
				modification, pursuant to this Part, to identify the new permittee and
				incorporate other requirements necessary under the Act. The application must be
				signed by the existing owner or duly authorized agent of the owner and the new
				owner and operator or duly authorized agents. The new operator to whom the
				permit is transferred shall comply with all terms and conditions specified in
				such permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Subpart B - ADDITIONAL PROCEDURES FOR MODIFICATION OF PERMITS › Section 832.201 - Agency-Initiated Modification of an Approved Permit

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Agency may modify a permit under the
				following circumstances:
1) Discovery of a
				typographical, administrative, 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 pursuant to Title VII, 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 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Subpart B - ADDITIONAL PROCEDURES FOR MODIFICATION OF PERMITS › Section 832.202 - Procedures for a Modification of an Approved Permit

Current through Register Vol. 48, No. 28, July 12, 2024
Application for modification of an approved permit shall be
				  subject to all requirements and time schedules set forth in this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Subpart C - ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS › Section 832.301 - Time of Filing

Current through Register Vol. 48, No. 28, July 12, 2024
An application for renewal of a permit must be filed with the
				  Agency at least 90 days prior to the expiration date of the existing
				  permit.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Subpart C - ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS › Section 832.302 - Effect of Timely Filing

Current through Register Vol. 48, No. 28, July 12, 2024
When a permittee has made timely and sufficient application
				  for the renewal of a permit, the existing permit shall continue in full force
				  and effect until the final Agency decision on the application and any final
				  Board decision on any appeal pursuant to Section 40 have been made, unless a
				  later date is fixed by order of a reviewing court.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 832 - PROCEDURAL REQUIREMENTS FOR PERMITTING COMPOST FACILITIES › Subpart C - ADDITIONAL PROCEDURES FOR THE RENEWAL OF PERMITS › Section 832.303 - Procedures for Permit Renewal

Current through Register Vol. 48, No. 28, July 12, 2024
Applications for permit renewal are to be subject to the
				  requirements and time schedules set forth in Subpart A of this
				  Part.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.100 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart provides for the closure of Ash Pond D located
				  at the Hutsonville Power Station, 15142 East 1900 Avenue, Hutsonville, Crawford
				  County, Illinois.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.102 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart applies exclusively to the closure and
				  post-closure care of Ash Pond D, located at the Hutsonville Power
				  Station.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.106 - Abbreviations and Acronyms

Current through Register Vol. 48, No. 28, July 12, 2024
Agency Illinois Environmental Protection Agency
CQA Construction Quality Assurance
GMZ Groundwater Management Zone
Mg\L milligrams per liter
NPDES National Pollutant Discharge Elimination System
TDS total dissolved solids
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.108 - Incorporations by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Board incorporates the following material by reference:
NTIS. National Technical Information Service,
				5285 Port Royal Road, Springfield VA 22161, (703) 605-6000.
"Methods for Chemical Analysis of Water and Wastes," March
				  1983, Doc. No. PB84-128677. EPA 600/4-79-020 (available on-line at
http://nepis.epa.gov/)
.
"Methods for the Determination of Inorganic Substances in
				  Environmental Samples," August 1993, Doc. No. PB94-120821 (referred to as
				  "USEPA Environmental Inorganic Methods"). EPA 600/R-93-100 (available online at
http://nepis.epa.gov/)
.
"Methods for the Determination of Metals in Environmental
				  Samples," June 1991, Doc. No. PB91-231498. EPA 600/4-91-010 (available on-line
				  at
http://nepis.epa.gov/)
.
"Methods for the Determination of Metals in Environmental
				  Samples Supplement I," May 1994, Doc. No. PB95-125472. EPA 600/4-94-111
				  (available on-line at
http://nepis.epa.gov)
.
"Methods for the Determination of Organic and Inorganic
				  Compounds in Drinking Water: Volume I," EPA 815-R-00-014 (August 2000)
				  (available on-line at
http://nepis.epa.gov)
.
"Practical Guide for Ground-Water Sampling," EPA Publication
				  No. EPA/600/2-85/104 (September 1985), Doc. No. PB 86-137304, "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 on-line at
http://www.epa.gov/epaoswer/hazwaste/test/main.htm)
.
USGS. United States
				Geological Survey, 1961 Stout St., Denver CO 80294, (303) 844-4169.
"Techniques of Water Resources Investigations of the United
				  States Geological Survey, Guidelines for Collection and Field Analysis of
				  Ground-Water Samples for Selected Unstable Constituents," Book I, Chapter D2
				  (1976).
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.110 - Hydrogeologic Site Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of Ash Pond D must design and implement
				  a hydrogeologic site investigation to determine the nature and extent of
				  contamination originating from Ash Pond D and to develop hydrogeologic
				  information for the uses set forth in this Section. If approved in the closure
				  plan, any information from any hydrogeologic site investigation performed since
				  1999 may be used to satisfy the requirements of this Section. The uses of the
				  hydrogeologic site investigation shall include, but not be limited to:
a) Providing information to define
				hydrogeology and to assess the groundwater impacts associated with Ash Pond
				D;
b) Providing information to
				perform a model to assess the groundwater impacts associated with closure of
				Ash Pond D; and
c) Providing
				information to establish a groundwater monitoring system.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.112 - Groundwater Monitoring System

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of Ash Pond D must design and install a
				  groundwater monitoring system that enables it to monitor groundwater to
				  evaluate post-closure groundwater quality and trends and to demonstrate
				  compliance with the applicable groundwater quality standards at designated
				  compliance points as set forth in Sections
				  840.116
				  and
				  840.118
				  of this Subpart. If approved in the closure plan, any groundwater monitoring
				  well in operation since 1999 that complies with the requirements set forth in
				  this Section may be used in satisfying the requirements of this Section.
a) Standards for monitoring well design and
				construction.
1) All monitoring wells must be
				cased in a manner that maintains the integrity of the bore holes.
2) Wells must be screened to allow sampling
				only at the specified interval.
3)
				All wells must be covered with vented caps, unless located in flood-prone
				areas, and equipped with devices to protect against tampering and
				damage.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.114 - Groundwater Monitoring Program

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of Ash Pond D must develop a
				  groundwater monitoring program that enables it to monitor groundwater to
				  evaluate post-closure groundwater quality both on-site and off-site to
				  demonstrate compliance with Sections
				  840.116
				  and
				  840.118
				  of this Subpart. The owner or operator must begin the groundwater monitoring
				  program upon completion of the installation of the groundwater monitoring
				  system in accordance with Section
				  840.112
				  of this Subpart and the approved closure plan. The groundwater monitoring
				  program must comply with following requirements:
a) The owner or operator of Ash Pond D must
				monitor each well included in the groundwater monitoring system pursuant to
				Section
				840.112
				on a quarterly basis for the constituents identified in 35 Ill. Adm. Code
				620.410(a)
				and (d) except radium-226 and radium-228. Any
				constituent that is not detectable in the down-gradient wells for four
				consecutive quarters or has a concentration that does not differ to a
				statistically significant degree from the concentration detected in the
				up-gradient wells for four consecutive quarters may be removed from the
				monitoring program in both the up-gradient and down-gradient wells with the
				exception of boron, iron, manganese, pH, sulfate, and TDS. The owner or
				operator must also monitor for the following: specific conductance, groundwater
				elevation, and monitoring well depth.
b) Five years after approval of the closure
				plan, the owner or operator of Ash Pond D may request modification of the
				post-closure care plan to reduce the frequency of groundwater monitoring to
				semi-annual sampling by demonstrating all of the following:
1) That monitoring effectiveness will not be
				compromised by the reduced frequency of monitoring;
2) That sufficient data has been collected to
				characterize groundwater; and
3)
				That concentrations of constituents monitored pursuant to subsection (a) of
				this Section at the down-gradient boundaries of the Hutsonville site show no
				statistically significant increasing trends that can be attributed to Ash Pond
				D.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.116 - Groundwater Quality Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				On-site, prior to the completion of the post-closure care period, the
				applicable groundwater quality standards at the Hutsonville site for
				concentrations of contaminants from Ash Pond D are the concentrations as
				determined by groundwater monitoring, if those concentrations exceed the
				numeric standards for Class I: Potable Resource Groundwater set forth in 35
				Ill. Adm. Code
				620.410.
				After completion of the post-closure care period, the on-site concentrations of
				contaminants from Ash Pond D as determined by groundwater monitoring, if those
				concentrations exceed the numeric standards for Class I: Potable Resource
				Groundwater set forth in 35 Ill. Adm. Code 620.410, are the applicable
				groundwater standards at the Hutsonville site if:
1) To the extent practicable, the exceedence
				has been minimized and beneficial use, as appropriate for the class of
				groundwater, has been returned on-site;
2) Any threat to human health or the
				environment on-site has been minimized; and
3) An institutional control prohibiting
				potable uses of groundwater is placed on the Hutsonville site in accordance
				with the Uniform Environmental Covenants Act [765 ILCS 122 ] or an alternative
				instrument authorized for environmental uses under Illinois law and approved by
				the Agency. Existing potable uses of groundwater may be preserved as long as
				those uses remain fit for human consumption in accordance with accepted water
				supply principles.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.118 - Demonstration of Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Compliance with the on-site and off-site groundwater quality standards set
				forth in Sections
				840.116(a) and
				(b) of this Subpart:
1) Compliance with on-site groundwater
				quality standards will be achieved when no statistically significant increasing
				trend that can be attributed to Ash Pond D is detected in the concentrations of
				all constituents monitored in accordance with Section
				840.114
				of this Subpart at the down-gradient boundaries of the Hutsonville site for
				four consecutive years after changing to an annual monitoring frequency
				pursuant to Section
				840.114(c).
2) Compliance with off-site groundwater
				quality standards:
A) Compliance with off-site
				groundwater quality standards set forth in Section
				840.116(b)
				of this Subpart will be achieved when:
i) A
				statistically significant decreasing trend in concentrations of constituents
				monitored in accordance with Section
				840.114
				of this Subpart in the upper zone of the underlying aquifer at the
				down-gradient boundaries of the Hutsonville site is detected in the
				concentrations of all constituents monitored for a period of four consecutive
				years after changing to an annual monitoring frequency pursuant to Section
				840.114(c);
ii) No statistically significant increasing
				trend that can be attributed to Ash Pond D is detected in concentrations of
				constituents monitored in accordance with Section
				840.114
				of this Subpart in the lower zone of the underlying aquifer at the
				down-gradient boundaries of the Hutsonville site for four consecutive years
				after changing to an annual monitoring frequency pursuant to Section
				840.114(c);
				and
iii) All concentrations of
				constituents monitored in accordance with Section
				840.114
				of this Subpart are at or below the applicable groundwater quality standards as
				provided in Section
				840.116(b)
				of this Subpart at the down-gradient boundaries of the Hutsonville
				site.
B) If a
				groundwater management zone for off-site properties with groundwater
				contamination from Ash Pond D is established as provided in Section
				840.116(b)
				of this Subpart, the compliance points will be determined as set forth in the
				GMZ approved in the closure plan or post-closure care plan, as
				appropriate.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.120 - Groundwater Collection Trench

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				The owner or operator of Ash Pond D must design, install, and, consistent with
				any applicable wastewater discharge permit conditions, operate a groundwater
				collection trench along the south property boundary of the Hutsonville Power
				Station to prevent migration of groundwater impacted by Ash Pond D south of the
				property boundary.
b) Plans for the
				groundwater collection trench, including, but not limited to, a plan for
				operation and maintenance, must be approved by the Agency in the closure
				plan.
c) The groundwater collection
				trench must be constructed according to a construction quality assurance
				program that meets the requirements of Section
				840.146
				of this Subpart.
d) Once compliance
				with the groundwater quality standards set forth in Section
				840.116
				of this Subpart has been achieved in accordance with Section
				840.118(a)
				of this Subpart, the owner or operator of Ash Pond D may discontinue operation
				of the groundwater collection trench.
1) Upon
				discontinuing operation of the groundwater collection trench, the owner or
				operator must perform four quarterly sampling of the groundwater monitoring
				system wells as identified in the post-closure care plan, or modification of
				that plan, to ensure compliance with the applicable groundwater quality
				standards set forth in Section
				840.116
				of this Subpart.
2) Results of the
				four quarterly samplings must be included in the post-closure report
				documentation. If compliance is not confirmed, operation of the groundwater
				collection trench and discharge system must be resumed.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.122 - Groundwater Discharge System

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Groundwater collected in the groundwater collection trench must be directed to
				an outfall for which the Hutsonville Power Station has NPDES authorization or
				to another option as approved by the Agency in the closure plan or post-closure
				care plan in accordance with applicable law, including, but not limited to,
				permit requirements.
b) The
				groundwater discharge system must be constructed according to a construction
				quality assurance program that meets the requirements of Section
				840.146
				of this Subpart.
c) Plans for the
				groundwater discharge system, including, but not limited to, a plan for
				operation and maintenance, must be approved by the Agency in the closure
				plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.124 - Final Slope and Stabilization

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All final slopes must be designed and constructed to a grade capable of
				supporting vegetation and minimizing erosion.
b) All slopes must be designed to drain
				runoff away from the cover and to prevent ponding.
c) Ash Pond D must meet the stability
				criteria of 35 Ill. Adm. Code
				811.304.
d) The owner or operator may use coal
				combustion waste generated at the site in establishing the final grade and
				slope as provided below:
1) The earthen berms
				surrounding Ash Pond D must be regraded to eliminate any freeboard between the
				top of the berm and the adjacent surface of the coal combustion
				waste;
2) Additional coal
				combustion waste may be placed only directly on top of coal combustion waste
				that is already in place;
3) The
				maximum final slope must be no greater than 5 percent;
4) Any additional coal combustion waste used
				to establish the final grade and slope is considered coal combustion
				by-product, and its use does not require any independent approval pursuant to
				Section 3.135 of the Act [415 ILCS
				5/3.135 ].
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.126 - Final Cover System

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of Ash Pond D must design and install a
				  final cover system for Ash Pond D. The final cover system must consist of a low
				  permeability layer and a final protective layer.
a) Standards for the low permeability layer.
				The low permeability layer must be designed to minimize surface infiltration
				and must consist of a geosynthetic membrane cover and be constructed in
				accordance with the following standards:
1)
				The geosynthetic membrane must have a minimum thickness of 40 mil (0.04 inches)
				and, in terms of hydraulic flux, be equivalent or superior to a 3 foot layer of
				soil with a hydraulic conductivity of I x 10-7
				centimeters per second.
2) The
				geosynthetic membrane must be placed over a prepared base free from sharp
				objects and other materials that may cause damage.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.128 - Closure Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 180
				days after January 28, 2011, the owner or operator of Ash Pond D must prepare
				and submit to the Agency a closure plan for review and approval.
b) The owner or operator of Ash Pond D must
				maintain the closure plan onsite or at a location specified in the closure
				plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.130 - Contents of Closure Plan

Current through Register Vol. 48, No. 28, July 12, 2024
The closure plan must contain, at a minimum, the following
				  information or documents:
a) Site map.
				The site map must identify all pertinent features and buildings at the
				Hutsonville Power Station and must clearly identify the following:
1) All of the surface impoundments located at
				the site;
2) All existing and
				proposed groundwater collection trenches associated with the operation or
				closure of Ash Pond D; and
3) All
				existing and proposed groundwater monitoring wells.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.132 - Modification of Existing Permits

Current through Register Vol. 48, No. 28, July 12, 2024
Within 180 days after January 28, 2011, the owner or operator
				  of Ash Pond D must timely submit to the Agency an application to revise any
				  State operating permit or NPDES permit issued by the Agency as required by
				  Sections
				  840.120
				  and
				  840.122
				  of this Subpart, if necessary.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.134 - Completion of Closure, Closure Report and Certification of Completion of Closure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
				operator must complete engineering and design activities for the closure of Ash
				Pond D within 180 days after January 28, 2011.
b) The owner or operator must complete
				closure of Ash Pond D within 18 months after the Agency's approval of the
				closure plan, unless the Agency approves an alternative timeline.
c) No later than 90 days after the completion
				of all closure activities required by this Subpart and approved in the closure
				plan, the owner or operator of Ash Pond D must prepare and submit to the Agency
				a closure report for review and approval. The report must include certification
				by a professional engineer that Ash Pond D has been closed in accordance with
				the approved closure plan required by Section
				840.128
				of this Subpart and the requirements of this Subpart. The report also must
				contain supporting documentation, including, but not limited to:
1) Engineering and hydrogeology reports,
				including, but not limited to, monitoring well completion reports and boring
				logs, all CQA reports, certifications, and designations of CQA
				officers-in-absentia required by Section
				840.146
				of this Subpart;
2) Photographs of
				the final cover system and groundwater collection trench and any other
				photographs relied upon to document construction activities;
3) A written summary of closure requirements
				and activities as set forth in the closure plan and this Subpart A;
4) Any other information relied upon by the
				professional engineer in making the closure certification; and
5) The signature and seal of the professional
				engineer supervising the implementation of the closure plan, the preparation of
				the closure report, and making the certification of completion of
				closure.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.136 - Post-Closure Maintenance of Cover System

Current through Register Vol. 48, No. 28, July 12, 2024
The owner or operator of Ash Pond D must maintain the surface
				  of the cover system beginning immediately after construction until approval of
				  the post-closure report by the Agency.
a) After closure, and until completion of the
				post-closure report, the owner or operator of Ash Pond D must conduct
				inspections of the cover system at the same time and frequency as the
				groundwater monitoring sampling schedule set forth in Section
				840.114
				of this Subpart.
b) The owner or
				operator of Ash Pond D must fill all rills, gullies, and crevices six inches or
				deeper. Areas identified as particularly susceptible to erosion must be
				recontoured.
c) The owner or
				operator of Ash Pond D must repair all eroded and scoured drainage channels and
				replace lining material, if necessary.
d) The owner or operator of Ash Pond D must
				fill and recontour all holes and depressions created by settling so as to
				prevent standing water.
e) The
				owner or operator of Ash Pond D must revegetate all areas in excess of 100
				square feet, cumulative, with failed or eroded vegetation.
f) The owner or operator of Ash Pond D must
				repair all tears, rips, punctures, and other damage to the geosynthetic
				membrane.
g) The owner or operator
				must prevent the growth of woody species on the protective cover.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.138 - Post-Closure Care Plan

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within
				180 days after January 28, 2011, the owner or operator of Ash Pond D must
				prepare and submit to the Agency a post-closure care plan for review and
				approval.
b) The owner or operator
				must maintain the post-closure care plan onsite or at a location specified in
				the post-closure care plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.140 - Contents of Post-Closure Care Plan

Current through Register Vol. 48, No. 28, July 12, 2024
The post-closure care plan, or modification of the plan, must
				  include, at a minimum, the following elements:
a) Description of the post-closure care
				activities required by Section
				840.136
				of this Subpart;
b) Description of
				the groundwater monitoring system required by Section
				840.112
				of the Subpart and a description of the maintenance plan for the groundwater
				monitoring system;
c) Description
				of the groundwater monitoring program required by Section
				840.114
				of this Subpart;
d) Identification
				of the location of the monitoring wells used for trend analyses required by
				Section
				840.118
				of this Subpart;
e) Description of
				the operation and maintenance that will be required for the groundwater
				collection trench and discharge system required by Sections
				840.120
				and
				840.122
				of this Subpart;
f) Description of
				the groundwater trend analysis methods required by Section
				840.118
				of this Subpart;
g) A proposal for
				a groundwater management zone as set forth in Section
				840.116(b)
				of this Subpart, if applicable;
h)
				Description of actions proposed to mitigate statistically significant
				increasing trends in accordance with Section
				840.118(c)
				of this Subpart, if applicable, and the operation and maintenance of any
				structures or devices; and
i) The
				signature and seal of the professional engineer supervising the preparation of
				the post-closure care plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.142 - Post-Closure Report and Certification of Completion of Post-Closure Care Plan

Current through Register Vol. 48, No. 28, July 12, 2024
Post-closure care must continue until a demonstration of
				  compliance with the groundwater quality standards set forth in Section
				  840.116
				  has been approved by the Agency. The owner or operator of Ash Pond D must
				  prepare and submit to the Agency for review and approval a post-closure report
				  within 60 days after satisfying the requirements of the approved post-closure
				  care plan and achieving the applicable groundwater quality standards as set
				  forth in the plan and Sections
				  840.116
				  through
				  840.118
				  of this Subpart. The post-closure report must include certifications by a
				  professional engineer that the standards and requirements set forth in this
				  Subpart A and approved in the post-closure care plan have been met. A
				  professional geologist may supervise post-closure care activities as
				  appropriate under the Professional Geologist Licensing Act [225 ILCS 745 ]. The
				  report also must contain supporting documentation, including, but not limited
				  to:
a) Engineering and hydrogeology
				reports, including, but not limited to, documentation of compliance with the
				groundwater quality standards of this Subpart and results of the four quarterly
				samplings performed under Section
				840.120
				of this Subpart;
b) Photographs of
				the final cover system and groundwater collection trench and any other
				photographs relied upon to document construction activities;
c) A written summary of post-closure care
				requirements and activities as set forth in the post-closure care plan and this
				Subpart A and their completion;
d)
				Any other information relied upon by the professional engineer or professional
				geologist, as appropriate for the activity, in making the post-closure care
				certifications; and
e) The
				signature and seal of the professional engineer and professional geologist
				supervising the implementation of the post-closure care plan, and the signature
				and seal of the professional engineer supervising preparation of the
				post-closure report and making the certification of completion of the
				post-closure care plan.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.144 - Recordkeeping and Reporting Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or operator of Ash Pond D must
				file an annual report with the Agency no later than January 31 of each year
				during the closure of Ash Pond D and for the entire post-closure care period.
				Once the requirements of Section
				840.142
				of this Subpart have been met, annual reports are no longer required. The owner
				or operator must submit groundwater sampling and analysis data and decisions to
				remove constituents from the monitoring program no later than 30 days after the
				sampling and analysis have been completed.
b) All annual reports must contain the
				following information:
1) Trend analyses
				required by Section
				840.118(b)
				of all groundwater monitoring data generated by the groundwater monitoring
				program required by Section
				840.114
				of this Subpart;
2) A copy of any
				notice submitted to the Agency pursuant to Section
				840.118(c)(1)(A)
				 of this Subpart;
3) A discussion of any statistically
				significant increasing trends and actions taken to mitigate such trends in
				accordance with Section
				840.118(c)(3)
				 of this Subpart; and
4) The completed closure or post-closure
				activities performed during the preceding year.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.146 - Construction Quality Assurance Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) The following components must be
				constructed according to a construction quality assurance program:
1) Installation of the groundwater collection
				trench and discharge system required by Sections
				840.120
				and
				840.122
				of this Subpart;
2) Compaction of
				the final cover system subgrade and foundation to design parameters;
3) Application of final cover, including
				installation of the geomembrane; and
4) Construction of ponds, ditches, lagoons
				and berms.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.148 - Review, Approval, and Modification of Closure Plan and Post-Closure Care Plan

Current through Register Vol. 48, No. 28, July 12, 2024
The closure plan and post-closure care plan prepared and
				  submitted to the Agency in accordance with Sections
				  840.128
				  and
				  840.138 of
				  this Subpart, and any modifications to those plans, must be reviewed and
				  approved by the Agency prior to implementation.
a) A closure plan satisfying the requirements
				of Section
				840.130
				of this Subpart, a post-closure care plan satisfying the requirements of
				Section
				840.140
				of this Subpart, and any modifications to approved plans must be submitted to
				the Agency for review and approval prior to implementation. The Agency will
				have 90 days from the receipt of a plan or proposed modification to conduct a
				review and make a final determination to approve or disapprove a plan or
				modification or to approve a plan or modification with conditions.
1) The Agency's record of the date of receipt
				of a plan or proposed modification to a plan will be deemed conclusive unless a
				contrary date is proved by a dated, signed receipt from the Agency or certified
				or registered mail.
2) Submission
				of an amended plan or amended modification to a plan restarts the time for
				review.
3) The owner or operator
				may waive the Agency's decision deadline upon a request from the Agency or at
				the owner's or operator's discretion.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.150 - Review and Approval of Closure Report and Certification of Completion of Closure, Post-Closure Report and Certification of Completion of Post-Closure Care Plan

Current through Register Vol. 48, No. 28, July 12, 2024
The closure report and post-closure report prepared and
				  submitted to the Agency in accordance with Sections
				  840.134
				  and
				  840.142
				  of this Subpart must be reviewed and approved by the Agency prior to the
				  completion of closure or post-closure care.
a) A closure report satisfying the
				requirements of Section
				840.134
				of this Subpart and a post-closure report satisfying the requirements of
				Section
				840.142
				of this Subpart must be submitted to the Agency for review and approval.
				Closure and post-closure activities will not be deemed complete until the
				reports are approved by the Agency.
b) Submission, review, and approval
				procedures and deadlines, notification requirements, and rights of appeal shall
				be the same as those set forth in Section
				840.148
				of this Subpart for closure plans and post-closure care plans.
c) When reviewing a closure report and
				certification of completion of closure, the Agency must consider whether the
				documentation demonstrates that the activities, structures and devices approved
				in the closure plan have been completed in accordance with this Subpart and the
				approved closure plan, including, but not limited to:
1) The performance of the hydrogeologic site
				investigation required by Section
				840.110
				of this Subpart;
2) The
				installation of the groundwater monitoring system required by Section
				840.112
				of this Subpart;
3) The
				installation of the groundwater collection trench and discharge system or
				alternative approved by the Agency as required by Sections
				840.120
				and
				840.122
				of this Subpart;
4) The
				construction of the final slope and compliance with the stability criteria
				required by Section
				840.124
				of this Subpart;
5) The
				installation of the final cover system required by Section
				840.126 of
				this Subpart;
6) Compliance with
				the Construction Quality Assurance requirements of Section
				840.146
				of this Subpart;
7) The
				establishment of a groundwater management zone in accordance with Section
				840.116(b)
				of this Subpart, if applicable;
8)
				The implementation of actions to mitigate increasing trends as required by
				Section
				840.118(c)
				of this Subpart, if applicable; and
9) The presence of professional signatures
				and seals required by Section
				840.134
				of this Subpart.
Illinois Administrative Code › Title 35 - ENVIRONMENTAL PROTECTION › Part 840 - SITE-SPECIFIC CLOSURES OF COAL COMBUSTION WASTE SURFACE IMPOUNDMENTS › Subpart A - CLOSURE OF ASH POND D, HUTSONVILLE POWER STATION › Section 840.152 - Resource Conservation and Recovery Act

Current through Register Vol. 48, No. 28, July 12, 2024
Nothing in this Subpart shall be construed to be less
				  stringent than or inconsistent with the provisions of the federal Resource
				  Conservation and Recovery Act of 1976 ( P.L. 94-580 ), as amended, or
				  regulations adopted under that Act. To the extent that any rules adopted in
				  this Subpart are less stringent than or inconsistent with any portion of RCRA
				  applicable to the closure of Ash Pond D, RCRA will prevail.