Illinois Administrative Code

Section 256.50 Experimental Permits a) To facilitate the improvement of containment technology, the Department shall issue experimental permits for containment areas that do not specifically satisfy all the requirements of this Part, provided the applicant provides proof (i.e., q…

Section 256.60 Special Permits a) A special lawncare containment permit shall be available for issuance by the Department to facility owners or operators for the construction and operation of containment areas that do not fall within the parameters of either general class or expe…

Section 256.70 Containment Area Management and Operations a) Precipitation accumulation shall never exceed a level that would impair the holding capacity of the containment area. Such precipitation accumulation shall be removed from the containment area after each storm and shall…

Section 256.80 Site Closures and Discontinuation of Operations When a lawncare containment area is closed or operations are discontinued, pesticides, rinsates, wash waters, and other materials containing pesticides, and all pesticide containers shall be removed from the site and …

Section 256.90 Connections to the Water Supply a) Water service lines that connect a containment area to a community public water supply shall include either a reduced pressure principle backflow preventer or a fixed proper air gap, in accordance with the Illinois Environmental P…

Section 257.10 Definitions Definitions for this Part can be located in Section 2 of the Lawncare Products Application and Notice Act (415 ILCS 65/2), Section 3 of the Illinois Fertilizer Act of 1961 (505 ILCS 80/3), and Section 4 of the Illinois Pesticide Act (415 ILCS 60/4). The…

Section 257.100 Closure and Discontinuance of Operations Facilities subject to this Part shall complete the following activities at the time of closure or discontinuance of operations: a) All products and waste materials containing pesticide or fertilizer chemicals shall be remov…

Section 257.20 Scope and Application This Part shall apply to facilities that have filed with the Illinois Department of Agriculture either a written notice of intent or certified intent to be subject to the provisions of Section 14.6 of the Illinois Environmental Protection Act …

Section 257.30 Incorporation by Reference The Department incorporates the following material by reference: ASTM. American Society for Testing Materials, 1976 Race Street, Philadelphia PA 19103 (215)299-5585. "Ground Water and Vadose Zone Monitoring", ASTM STP 1053, 1990, pp. 7-24…

Section 257.40 Facility Review Report a) Activities at central distribution facilities, Class A and B lawncare facilities and other affected facilities shall not be subject to the provisions of this Section. b) For an activity located within a minimum setback zone(s), a facility …

Section 257.50 Site Monitoring a) Activities at central distribution facilities, Class A and B lawncare facilities, and other affected facilities shall not be subject to the provisions of this Section. b) The owner or operator shall implement a monitoring program based on the Dep…

Section 257.60 Permits and Permit Modifications a) An Agrichemical Facility Permit or Lawncare Containment Permit issued by the Department shall be obtained for each existing and new facility affected by this Part. Permit applications shall be submitted on forms provided by the D…

Section 257.70 General Class Permits for Central Distribution Facilities a) There shall be an agrichemical facility general class permit available for issuance by the Department to an owner or operator of a central distribution facility. In addition to completed application forms…

Section 257.80 Structural Requirements In addition to the requirements included in 8 Ill. Adm. Code 255 for agrichemical facilities, 8 Ill. Adm. Code 256 for lawncare facilities, and Section 257.70 of this Part for central distribution facilities, the following shall be required …

Section 257.90 Operation and Management Practice Requirements In addition to the requirements included in 8 Ill. Adm. Code 255 regarding agrichemical facilities and 8 Ill. Adm. Code 256 regarding lawncare facilities, the following operation and management practice requirements sh…

Section 258.10 Applicability a) This Part applies to the owner or operator of an agrichemical facility who requests, pursuant to 415 ILCS 60/19(9), Department issuance of a written authorization for land application of agrichemical-contaminated soil or groundwater. The contaminat…

Section 258.100 Penalties and Enforcement Applicants who fail to comply with the provisions or conditions of a written authorization for the land application of contaminated soil or groundwater issued by the Department shall be subject to the administrative actions and penalties …

Section 258.20 Severability If any Section, subsection, sentence or clause of this Part is judged invalid, such adjudication shall not affect the validity of this Part as a whole or any Section, subsection, sentence or clause thereof not judged invalid.

Section 258.30 Definitions Definitions for this Part can be located in Section 4 and Section 19 of the Illinois Pesticide Act [415 ILCS 60/4 and 19]. The following definitions shall also apply to this Part: "Agrichemical" means pesticides or commercial fertilizers at an agrichemi…

Section 258.40 Incorporation by Reference a) The Department incorporates the following material by reference: 1) NTIS – National Technical Information Service, 5285 Port Royal Road, Springfield VA 22161, (703) 487-4600. "Methods for the Determination of Organic Compounds in Drink…

Section 258.50 Remediation Suitability Determination Contaminated soil that is the subject of an application for Department issuance of written authorization for land application must be evaluated for remediation suitability in accordance with this Section. a) The applicant must …

Section 258.60 Written Authorization for Land Application a) An Authorization issued by the Department pursuant to this Part must be obtained by an applicant prior to the commencement of any stockpiling of contaminated soil or land application of contaminated soil or groundwater …

Section 258.70 Operational Control Practices, Limitations and Restrictions a) No applicant shall land apply contaminated soil or groundwater or stockpile contaminated soil: 1) within any Illinois Groundwater Protection Act (IGPA) [415 ILCS 55/14] defined wellhead setback zone or …

Section 258.80 Closure Reporting a) A Closure Report must be submitted to the Department within 60 days after receipt of analytical results associated with closure sampling required under subsection (b) (1) of this Section. b) The Closure Report shall include the following inform…

Section 258.90 Sampling and Analysis a) Contaminated soil or groundwater must be sampled in accordance with the requirements of this Part and analyzed for the presence and concentration of the target agrichemicals included on the list of compounds required in 8 Ill. Adm. Code 255…

Section 258.APPENDIX A Soil Remediation Suitability Determination Levels of Pesticides Listed as Hazardous Constituents in 35 Ill. Adm. Code 721 PESTICIDES CAS NO.a RECOMMENDED TEST METHODb SOIL(mg/kg) Aldicarb 116-06-3 8321 0.2 Aldrin 309-00-2 8081 0.1 Butylate 2008-41-5 8270 15…

Section 258.APPENDIX B Target Analyte List PESTICIDES CAS NO.a RECOMMENDED TEST METHODb Acetochlor 34256-82-1 8151 Alachlor 15972-60-8 8081 Atrazine 1912-24-9 8141 Butylate 2008-41-5 8270 Chlorpyrifos 2921-88-2 8141 Cyanazine 21725-46-2 8141 Carbofuran 1563-66-2 8270 2,4-D 94-75-…

Section 258.APPENDIX C Soil Closure Objectives RECOMMENDED SURFACE PESTICIDES CAS No.a TEST METHODb (mg/kg) acetochlor 34256-82-1 8151 0.9* acifluorfen sodium 62476-59-9 8151 2.8 alachlor 15972-60-8 8081 1.7* aldicarb 116-06-3 8321 1.6* aldrin 309-00-2 8081 0.02 atrazine 1912-24-…

Section 258.APPENDIX D Land Application Area Sampling The number of composite sample collected from the land application area will depend on the size of the land application area. For areas up to 20 acres in size, the land application area must be divided into quadrants and a com…

Section 259.110 Purpose a) It is the policy of the State of Illinois that an Agrichemical Facility Response Action Program be implemented to reduce potential agrichemical pollution and minimize environmental degradation risk potential at the sites [415 ILCS 60/19.3a]. b) The purp…

Section 259.120 Applicability a) This Part applies to the owner or operator of an agrichemical facility who voluntarily requests approval of corrective action plans to remediate past agrichemical contamination. 1) An owner or operator who elects to participate in the Agrichemical…

Section 259.130 Severability If any Section, subsection, sentence or clause of this Part is judged invalid, that adjudication shall not affect the validity of this Part as a whole or any Section, subsection, sentence or clause of this Part not judged invalid.

Section 259.140 Definitions Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of the words or terms in this Part shall be the same as that applied to the same words or terms in the Act. "Act" means the Illi…

Section 259.150 Incorporation by Reference This Section incorporates the following material by reference. These incorporations by reference do not include any amendments or editions beyond the dates specified. Roy, W.R. and I.G. Krapac, Potential Soil Cleanup Objectives for Nitro…

Section 259.210 General An owner or operator of an agrichemical facility who elects to participate in the Agrichemical Facility Response Action Program shall use the criteria in this Subpart to determine if soil at an agrichemical facility contains agrichemicals at concentrations…

Section 259.220 Pesticides a) If the pesticide concentrations in soil are equal to or greater than the remediation suitability determination levels in Appendix A of this Part, the soil is considered a high risk to cause an exceedence of a Class I or Class III groundwater quality …

Section 259.230 Nitrate and Ammonium a) If the nitrate or ammonium concentrations in soil are equal to or greater than the default soil cleanup objectives in Appendix C of this Part, the soil is considered a moderate risk to cause an exceedence of a groundwater quality standard o…

Section 259.240 Groundwater Cleanup Objectives a) The groundwater cleanup objectives for Class I and Class II groundwater are listed in Appendix D of this Part. b) The applicant may use the Class II groundwater cleanup objectives in Appendix D of this Part to calculate a site-spe…

Section 259.310 General An owner or operator who elects to participate in the Agrichemical Facility Response Action Program shall conduct site assessments pursuant to this Subpart. The purposes of the site assessment are to identify any agrichemical contamination of soil or groun…

Section 259.320 Initial Assessment a) The purpose of the initial site assessment is to develop an appropriate sampling and analysis plan based on the environmental conditions at the agrichemical facility. The specific objectives of the initial site assessment are to identify the …

Section 259.330 Final Assessment a) The purposes of the final assessment are to execute the sampling and analysis plan for the soil and/or groundwater at the site and determine the locations of the agrichemical concentrations that are: 1) greater than or equal to the RSDLs, 2) gr…

Section 259.340 Detailed Assessment for Development of Site-Specific Soil Cleanup Objectives The purpose of the detailed assessment for site-specific SCOs is to provide the information necessary for the calculation of site-specific SCOs based on the site physical properties. The …

Section 259.350 Equations for Calculating Site-Specific Soil Cleanup Objectives a) Site-specific soil cleanup objectives for pesticides are determined by the following equation: Where: SCO = soil cleanup objective (mg/kg) Cw = target soil leachate concentration (mg/L) Koc = organ…

Section 259.410 General An owner or operator who elects to participate in the Agrichemical Facility Response Action Program shall submit corrective action plans for review by the Department and final approval by the Board pursuant to this Subpart.

Section 259.420 Submittal The Agrichemical Facility Response Action Program application shall be submitted to the Department on forms prescribed and provided by the Department with attachments, plans, and reports, as necessary. The forms may be copied or combined, but shall conta…

Section 259.430 Contents The application shall, at a minimum, contain the following information: a) the facility name, address and telephone number and the applicant's full legal name, address and telephone number, including any duly authorized agents of the applicant, any contac…

Section 259.440 Department and Board Review The Department and Board will jointly review corrective action plans in accordance with this Section. The Board has the authority to approve or deny the Department's recommendation regarding the application for corrective actions. a) Fo…