Ill. Admin. Code tit. 35, § 813.112 - Research, Development, and Demonstration Permits for MSWLFs
a) Except as
provided in subsection (f), and subject to the limitations of subsections (c)
through (e), the Agency must issue a research, development, and demonstration
(RD&D) permit for a new MSWLF unit, existing MSWLF unit, or lateral
expansion, for which the owner or operator proposes to utilize innovative and
new methods that deviate from either or both of the following standards,
provided the Agency has determined that the MSWLF unit has a leachate
collection system that is designed and constructed to maintain less than a
30-cm depth of leachate on the liner and that the innovative and new methods
will not cause contamination of groundwater or surface water:
1) The run-on control systems in 35 Ill. Adm.
Code
811.103(b)(1) and
(b)(2); and
2) The liquids restrictions in 35 Ill. Adm.
Code
811.107(m)(1).
b) The Agency must issue a
research, development, and demonstration permit for a new MSWLF unit, existing
MSWLF unit, or lateral expansion for which the owner or operator proposes to
utilize innovative and new methods that deviate from the final cover standards
of 35 Ill. Adm. Code
811.314(b) and
(c) provided the Agency has determined that
the MSWLF unit owner or operator has demonstrated that the infiltration of
liquid through the alternative cover system will not cause contamination of
groundwater or surface water or cause leachate depth on the liner to exceed
30-cm.
c) Any RD&D permit
issued under this Section must include such terms and conditions as are at
least as protective as the MSWLF standards of 35 Ill. Adm. Code
811.103(b)(1) and
(b)(2),
811.107(m)(1),
and
811.314(b) and
(c) from which the deviation is granted to
assure protection of human health and the environment. Such a permit must
include the following conditions:
1) It must
provide for the construction and operation of such facilities as are necessary,
for not longer than three years, unless the permit is renewed as provided in
subsection (e);
2) It must provide
that the MSWLF unit must receive only those types and quantities of municipal
solid waste and non-hazardous wastes that the Agency has deemed appropriate for
the purposes of determining the efficacy and performance capabilities of the
technology or process;
3) It must
include such requirements as are necessary to protect human health and the
environment, including such requirements as are necessary for testing and
providing information to the Agency with respect to the operation of the
facility ;
4) It must require the
owner or operator of a MSWLF unit permitted under this Section to submit an
annual report to the Agency showing whether and to what extent the site is
progressing in attaining project goals. The report will also include a summary
of all monitoring and testing results, as well as any other operating
information specified by the Agency in the permit; and
5) It must require compliance with all
standards in 35 Ill. Adm. Code 811, except as permitted under this
Section.
d) The Agency
may request in writing that the owner or operator immediately terminate all
operations at the facility permitted under this Section or request that the
owner or operator undertake other corrective measures at any time the Agency
has reason to believe that the overall goals of the project are not being
attained, including protection of human health or the environment. The Agency
or any person may file an enforcement action pursuant to Section 41 of the Act
[
415
ILCS 5/41 ] for any violations of the Act [ 415 ILCS 5
].
e) No permit issued under this
Section may exceed three years in duration, and no single renewal of a permit
under this Section may exceed three years in duration.
1) The total term for a permit for a project
including renewals may not exceed 21 years; and
2) During permit renewal, the applicant must
provide a detailed assessment of the project showing the status with respect to
achieving project goals, a list of problems and status with respect to problem
resolutions, and any other requirements that the Agency determines are
necessary for permit renewal.
f) Small MSWLF units. An owner or operator of
a MSWLF unit that disposes of 20 tons of municipal solid waste per day or less,
based on an annual average, is not eligible for an RD&D permit under this
Section with regard to the standards of 35 Ill. Adm. Code
811.314(b) and
(c), except in accordance with 35 Ill. Adm.
Code
811.314(d).
Notes
Added at 29 Ill. Reg. 5066, effective March 22, 2005
BOARD NOTE: This Section is derived from 40 CFR 258.4 (2016).
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