Month: July 2013

Clean Construction and Demolition Debris – Is It Regulated in My State?

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Clients routinely ask us about management practices and regulations applicable to clean construction and demolition debris. Unlike hazardous and solid wastes, requirements vary by State. We will be doing a series of blogs outlining the requirements on a state-by-state basis. First up is the Land of Lincoln, Illinois:

In the State of Illinois, the rules changed in August 2012. Owner/operators need to assure compliance with these new requirements.

Illinois regulations define clean construction or demolition debris (CCDD) as uncontaminated broken concrete without protruding metal bars, bricks, rock, stone, reclaimed or other asphalt pavement, or soil generated from construction or demolition activities. If clean soil is mixed in, it is also CCDD. Uncontaminated soil that is not mixed with other CCDD materials is not CCDD. CCDD used as fill below grade is not a waste if the area is not within the setback zone of a drinking water well and CCDD is covered within 30 days with clean soil, pavement, or other structure(s). [35 IAC 1100]

Common questions which are addressed below are:

  •  What exactly are the pre-acceptance requirements?
  •  Why do the requirements vary by fill site?
  •  Are all facilities accepting this material regulated?
  •  Are fill sites required to perform groundwater monitoring?

Pre-Acceptance Requirements?
Owner-operators may seek to determine if the material qualifies to be managed as CCDD using one of two options:

 1) Sample and test the soil for pH and self-certify that the source site is not a potentially impacted property and soils are presumed uncontaminated;
2) Engage an Illinois Registered Professional Engineer or Licensed Professional Geologist to perform sampling and analyses as appropriate to support an uncontaminated soil certification.

Under the first option, the Owner operator may certify that the site is not a potentially impacted property using Form LPC-662 based on the current and past uses of the site and nearby properties. Testing for pH must also be performed to demonstrate the soil pH is between 6.0 and 9.0.

If the soils cannot be self-certified, then waste characterization is needed.

Under the second option, a licensed professional certifies the soil is uncontaminated. Soil samples are obtained and tested to determine whether the material can be managed as CCDD or as an industrial waste stream:

  • Based on the estimated volume of material, the licensed professional will determine the representative number of soil samples and selected analyses.
  •  The selected analysis is based on site condition and history of operations, and may include volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs) including polynuclear aromatic hydrocarbons (PAHs), Resource Conservation and Recovery Act (RCRA) metals, and pH.
  •  Samples of soil may be taken in-situ or from staged piles.

Analytical results for up to 133 parameters are compared to IEPA criteria within the Summary of Maximum Allowable Concentration of Chemical Constituents in Uncontaminated Soil Used as Fill Material at Regulated Fill Operations in 35 Illinois Administrative Code (IAC) 1100, Subpart F.

If the soil can be certified as CCDD, the licensed professional prepares and seals the Uncontaminated Soil Certification (LPC-663), allowing the soils to be used as fill at a CCDD facility. If the soils cannot be certified as CCDD, waste characterization is needed.

The results of the analysis, as well as other pertinent data, can be prepared and submitted to an appropriate Subtitle D landfill for acceptance of the waste stream.

Fill Site Requirements?
The above are the minimum requirements set by the IEPA. However, like most rules, they are subject to some interpretation and each CCDD owner/ operator may interpret the rules more or less conservatively. For example, fill sites may request additional analytical than initially performed which may cause delays. We recommend as part of any certification, the site owner/ operator coordinate with the intended fill site early in the process to avoid any “surprises”.

Regulatory status of fill sites?
Regulated CCDD Fill sites are subject to:

  • Pre-acceptance criteria;
  •  Inspections;
  •  Operational standards;
  •  Permitted final grades (no higher than surrounding grades);
  •  Storm water management [NPDES Permit for discharges];
  •  Annual reports;
  •  One year post closure care period; and
  • Payment of Fees to the State of Illinois of $0.20/ CY or $0.14/ ton [Part 1150 and 22.51 of Act].

Uncontaminated Soil Fill Operations are subject to similar requirements. The Rules do not apply to “CCDD or uncontaminated soil that is not used as fill material in a current or former quarry, mine, or other excavation”. Basically, certain “unregulated” facilities legally exist by filling areas that are not a “former quarry, mine, or other excavation”. CEC strongly recommends that the site owner/ operator understand the regulatory status of any facility they are using.

Are fill sites required to perform groundwater monitoring?

The issue of whether CCDD fill sites should be required to perform groundwater monitoring was one of the most debated issues during the rulemaking process. Groundwater monitoring is not required by the current rules. However, the Illinois Pollution Control Board opened a subdocket to the rulemaking proceeding to continue its examination of the issue of groundwater monitoring at CCDD and uncontaminated soil fill operations. A hearing was held on May 20, 2013 to elicit more information from stakeholders regarding this issue. CEC will be tracking results from this proceeding.

If you have any questions about the CCDD management issues, please contact John Hock with the Chicago office at (877) 963-6026.

Useful Illinois Links:

Illinois TMDL Public Hearing Approaching

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On July 9, 2013, the Illinois Environmental Protection Agency (IEPA) is hosting a public hearing for the Impaired Waters of Illinois Draft 2014 Integrated Report.  Interested parties can submit verbal comments on the Draft 2014 Integrated Report at the July 9, 2013 meeting.  Written comments must be postmarked or e-mailed by midnight, August 8, 2013.  Information on the public hearing and where to submit written comments may be found at the IEPA’s website.

The IEPA is required under Sections 303(d), 305(b), and 314 of the federal Clean Water Act to assess waters of the state and evaluate compliance with applicable water quality standards and designated uses.  The Clean Water Act also requires each state to review and update the water quality standards every three years.  IEPA, in conjunction with the United States Environmental Protection Agency (USEPA), identifies and prioritizes those standards to be developed or revised during this three-year period.

Designated uses of state waters include:

  • aesthetic quality;
  • aquatic life;
  • fish consumption;
  • primary contact (e.g., swimming, water skiing);
  • public and food processing;
  • water supplies; and
  • secondary contact (e.g., boating, swimming).

Sources of impairment to Illinois waters include:

  • atmospheric deposition of toxins;
  • agriculture;
  • hydromodification such as channelization;
  • municipal point sources;
  • urban runoff/storm sewers;
  • impacts from hydrostructure flow regulation/modification; and
  • surface mining.

Surface mining can impact Illinois waterbodies through the discharge of mining effluent, which may lower dissolved oxygen and pH and/or increase phosphorus, manganese, iron, and total suspended solids concentrations, resulting in excessive siltation, algal blooms, and fish kills.

The degree of compliance with a designated use in a particular stream segment is determined by analysis of various types of information, including biological, physicochemical, physical habitat, and/or toxicity data.  When sufficient data are available, applicable designated uses in each segment are assessed as Fully Supporting (good), Not Supporting (fair), or Not Supporting (poor).  Waters in which at least one applicable use is not fully supported are called impaired and are discussed in the Integrated Report.

In accordance with Section 303(d) of the Clean Water Act, waters that are deemed impaired for specific chemical constituents may have restrictions of additional loadings (i.e., discharges) for those parameters.  In addition, waters identified in accordance with Section 303(d) are subject to the development of Total Maximum Daily Loads (TMDLs).  A TMDL is the sum of the allowable amount of a single pollutant that a waterbody can receive from all contributing sources and still meet water quality standards or designated uses.  TMDLs are listed in a site’s National Pollutant Discharge Elimination System (NPDES) Permit.  If a TMDL is lowered due to a waterbody being designated as impaired, mining companies may incur additional NPDES violations, potentially resulting in costly fines.

Mine operators and NPDES permit holders are encouraged to compare the 303(d) list in the Draft 2014 Integrated Report with the list in the 2012 Integrated Report to ensure that their discharges will not come under tighter scrutiny.  If your watershed does not have an approved TMDL, it is imperative that you understand the TMDL development process as it relates to your discharges.  If it has an approved TMDL, you need to understand how that affects your future discharges during your NPDES permit cycle.

If you have any questions about the 2014 Proposed Integrated Report or how the revised Illinois TMDLs may affect your NPDES discharges, please contact Dana Sincox or John Gefferth with CEC’s St. Louis office at (866) 250-3679.  The Draft 2014 Integrated Report is reviewable at the IEPA’s web site.