Ill. Admin. Code tit. 35, § 725.355 - Action Leakage Rates
a) The owner or
operator of waste pile units subject to Section
725.354
must submit a proposed action leakage rate to the Agency when submitting the
notice required under Section 725.354. Within 60 days after receipt of the
notification, the Agency must either establish an action leakage rate, either
as proposed by the owner or operator or modified using the criteria in this
Section, or it must extend the review period for up to 30 days. If no action is
taken by the Agency before the original 60 or extended 90 day review period,
the action leakage rate must be approved as proposed by the owner or
operator.
b) The Agency must
approve an action leakage rate for waste pile units subject to Section 725.354.
The action leakage rate is the maximum design flow rate that the LDS can remove
without the fluid head on the bottom liner exceeding one foot. The action
leakage rate must include an adequate safety margin to allow for uncertainties
in the design (e.g., slope, hydraulic conductivity, thickness of drainage
material, etc.), construction, operation, and location of the LDS; waste and
leachate characteristics; the likelihood and amounts of other sources of
liquids in the LDS; and proposed response actions (e.g., the action leakage
rate must consider decreases in the flow capacity of the system over time
resulting from siltation and clogging, rib layover, and creep of synthetic
components of the system; overburden pressures; etc.).
c) To determine if the action leakage rate
has been exceeded, the owner or operator must convert the weekly flow rate from
the monitoring data obtained under Section
725.360,
to an average daily flow rate (gallons per acre per day) for each sump. The
average daily flow rate for each sump must be calculated weekly during the
active life and closure period.
d)
Final Agency determinations pursuant to this Section are deemed to be permit
denials for purposes of appeal to the Board pursuant to Section 40 of the
Environmental Protection Act.
Notes
Amended at 32 Ill. Reg. 12566, effective July 14, 2008
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