Ill. Admin. Code tit. 35 § 845.740

Current through Register Vol. 48, No. 49, December 6, 2024

Section 845.740 - Closure by Removal

a) Closure by Removal of CCR. An owner or operator may elect to close a CCR surface impoundment by removing all CCR and decontaminating all areas affected by releases of CCR from the CCR surface impoundment. CCR removal and decontamination of the CCR surface impoundment are complete when all CCR and CCR residues, containment system components such as the impoundment liner and contaminated subsoils, and CCR impoundment structures and ancillary equipment have been removed. Closure by removal must be completed before the completion of a groundwater corrective action under Subpart F.

b) After closure by removal has been completed, the owner or operator must continue groundwater monitoring under Subpart F for three years after the completion of closure or for three years after groundwater monitoring does not show an exceedance of the groundwater protection standard established under Section 845.600, whichever is longer.

c) The owner or operator of a CCR surface impoundment removing CCR during closure must responsibly handle and transport the CCR consistent with this subsection.

1) Transportation

A) Manifests

i) When transporting CCR off-site by motor vehicle, manifests must be carried as specified in 35 Ill. Adm. Code 809. For purposes of this Part, coal combustion fly ash that is removed from a CCR surface impoundment is not exempt from the manifest requirement.

ii) When transporting CCR off-site by any other mode or method, including trains or barges, manifests must be carried specifying, at a minimum, the following information: the volume of the CCR; the location from which the CCR was loaded onto the mode of transportation and the date the loading took place; and the location where the CCR is being taken and the date it will be delivered.

B) The owner or operator of a CCR surface impoundment from which CCR is removed and transported off-site must develop a CCR transportation plan, which must include:

i) Identification of the transportation method selected, including whether a combination of transportation methods will be used;

ii) The frequency, time of day, and routes of CCR transportation;

iii) Any measures to minimize noise, traffic, and safety concerns caused by the transportation of the CCR;

iv) Measures to limit fugitive dust from any transportation of CCR;

v) Installation and use of a vehicle washing station;

vi) A means of covering the CCR for any mode of CCR transportation, including conveyor belts; and

vii) A requirement that, for transport by motor vehicle, the CCR is transported by a permitted special waste hauler under 35 Ill. Adm. Code 809.201.

2) The owner or operator of a CCR surface impoundment must develop and implement onsite dust controls, which must include:

A) A water spray or other commercial dust suppressant to suppress dust in CCR handling areas and haul roads; and

B) Handling of CCR to minimize airborne particulates and offsite particulate movement during any weather event or condition.

3) The owner or operator of a CCR surface impoundment must provide the following public notices:

A) Signage must be posted at the property entrance warning of the hazards of CCR dust inhalation; and

B) When CCR is transported off-site, a written notice explaining the hazards of CCR dust inhalation, the transportation plan, and tentative transportation schedule must be provided to units of local government through which the CCR will be transported.

4) The owner or operator of the surface impoundment must take measures to prevent contamination of surface water, groundwater, soil and sediments from the removal of CCR, including the following:

A) CCR removed from the surface impoundment may only be temporarily stored, and must be stored in a lined landfill, CCR surface impoundment, enclosed structure, or CCR storage pile.

B) CCR storage piles must:

i) Be tarped or constructed with wind barriers to suppress dust and to limit stormwater contact with storage piles;

ii) Be periodically wetted or have periodic application of dust suppressants;

iii) Have a storage pad, or a geomembrane liner, with a hydraulic conductivity no greater than 1 x 10^-7 cm/sec, that is properly sloped to allow appropriate drainage;

iv) Be tarped over the edge of the storage pad where possible;

v) Be constructed with fixed and mobile berms, where appropriate, to reduce run-on and run-off of stormwater to and from the storage pile, and minimize stormwater-CCR contact; and

vi) Have a groundwater monitoring system that is consistent with the requirements of Section 845.630 and approved by the Agency.

C) The owner or operator of the CCR surface impoundment must incorporate general housekeeping procedures such as daily cleanup of CCR, tarping of trucks, maintaining the pad and equipment, and good practices during unloading and loading.

D) The owner or operator of the CCR must minimize the amount of time the CCR is exposed to precipitation and wind.

E) The discharge of stormwater runoff that has contact with CCR must be covered by an individual National Pollutant Discharge Elimination System (NPDES) permit. The owner or operator must develop and implement a Stormwater Pollution Prevention Plan (SWPPP) in addition to any other requirements of the facility's NPDES permit. Any construction permit application for closure must include a copy of the SWPPP.

d) At the end of each month during which CCR is being removed from a CCR surface impoundment, the owner or operator must prepare a report that:

1) Describes the weather, precipitation amounts, the amount of CCR removed from the CCR surface impoundment, the amount and location of CCR being stored on-site, the amount of CCR transported offsite, the implementation of good housekeeping procedures required by subsection (c)(4)(C), and the implementation of dust control measures; and

2) Documents worker safety measures implemented. The owner or operator of the CCR surface impoundment must place the monthly report in the facility's operating record as required by Section 845.800(d)(23).

e) Upon completion of CCR removal and decontamination of the CCR surface impoundment under subsection (a), the owner or operator of the CCR surface impoundment must submit to the Agency a completion of CCR removal and decontamination report and a certification from a qualified professional engineer that CCR removal and decontamination of the CCR surface impoundment has been completed in accordance with this Section. The owner or operator must place the CCR removal and decontamination report and certification in the facility's operating record as required by Section 845.800(d)(32).

f) Upon completion of groundwater monitoring required under subsection (b), the owner or operator of the CCR surface impoundment must submit to the Agency a completion of groundwater monitoring report and a certification from a qualified professional engineer that groundwater monitoring has been completed in accordance with this Section. The owner or operator must place the groundwater monitoring report and certification in the facility's operating record as required by Section 845.800(d)(24).

Ill. Admin. Code tit. 35, § 845.740

Added in R20-19 at 45 Ill. Reg. 5884, effective 4/21/2021.