415 ILCS 5/14.6
2021 Illinois Compiled Statutes|Chapter 415 - ENVIRONMENTAL SAFETY|415 ILCS 5/ - Environmental Protection Act.|Title IV - Public Water Supplies

 (from Ch. 111 1/2, par. 1014.6)Sec. 14.6.     Agrichemical facilities.(a) Notwithstanding the provisions of Section 14.4, groundwater  protection for storage and related handling of pesticides and fertilizers  at a facility for the purpose of commercial application or at a central  location for the purpose of distribution to retail sales outlets may be  provided by adherence to the provisions of this Section.  For any such  activity to be subject to this Section, the following action must be taken  by an owner or operator:(1) with respect to agrichemical facilities, as     defined by the Illinois Pesticide Act, the Illinois Fertilizer Act and regulations adopted thereunder, file a written notice of intent to be subject to the provisions of this Section with the Department of Agriculture by January 1, 1993, or within 6 months after the date on which a maximum setback zone is established or a regulated recharge area regulation is adopted that affects such a facility;(2) with respect to lawn care facilities that are     subject to the containment area provisions of the Lawn Care Products Application and Notice Act and its regulations, file a written notice of intent to be subject to the provisions of this Section with the Department of Agriculture by January 1, 1993, or within 6 months after the date on which a maximum setback zone is established or a regulated recharge area regulation is adopted that affects such a facility;(3) with respect to a central distribution location     that is not an agrichemical facility, certify intent to be subject to the provisions of this Section on the appropriate license or renewal application form submitted to the Department of Agriculture; or(4) with respect to any other affected facility,     certify intent to be subject to the provisions of this Section on the appropriate renewal application forms submitted to the Department of Agriculture or other appropriate agency.An owner or operator of a facility that takes the action described in  this subsection shall be subject to the provisions of this Section and  shall not be regulated under the provisions of Section 14.4, except as  provided in subsection (d) of this Section.  The Department of Agriculture or other  appropriate agency shall provide copies of the written notices and  certifications to the Agency.  For the purposes of this subsection, the  term "commercial application" shall not include the use of pesticides or  fertilizers in a manner incidental to the primary business activity.(b) The Agency and Department of Agriculture shall cooperatively develop  a program for groundwater protection for designated facilities or sites  consistent with the activities specified in subsection (a) of this Section.  In developing such a program, the Agency and the Department of Agriculture  shall consult with affected interests and take into account relevant  information.  Based on such agreed program, the Department of Agriculture  shall adopt appropriate regulatory requirements for  the designated facilities or sites and administer a program.  At a minimum,  the following considerations must be adequately addressed as part of such  program:(1) a facility review process, using available     information when appropriate, to determine those sites where groundwater monitoring will be implemented;(2) requirements for groundwater quality monitoring     for sites identified under item (1);(3) reporting, response, and operating practices for     the types of designated facilities; and(4) requirements for closure or discontinuance of     operations.(c) The Agency may enter into a written agreement with any State agency  to operate a cooperative program for groundwater protection for designated  facilities or sites consistent with the activities specified in  subparagraph (4) of subsection (a) of this Section.  Such State agency shall  adopt appropriate regulatory requirements for the designated facilities or  sites and necessary procedures and practices to administer the program.(d) The Agency shall ensure that any facility that is subject to this  Section is in compliance with applicable provisions as specified in  subsection (b) or (c) of this Section.  To fulfill this responsibility, the  Agency may rely on information provided by another State agency or other  information that is obtained on a direct basis. If a facility is not in  compliance with the applicable provisions, or a deficiency in the execution  of a program affects such a facility, the Agency may so notify the  facility of this condition and shall provide 30 days for a written response  to be filed.  The response may describe any actions taken by the owner  which relate to the condition of noncompliance.  If the response is  deficient or untimely, the Agency shall serve notice upon the owner that  the facility is subject to the applicable provisions of Section 14.4 of  this Act and regulations adopted thereunder.(e) (Blank.)(f) After January 1, 1994, and before one year after the date on which a  maximum setback zone is established or a regulated recharge area regulation  is adopted that affects a facility subject to the provisions of this  Section, an owner or operator of such a facility may withdraw the notice  given under subsection (a) of this Section by filing a written withdrawal  statement with the Department of Agriculture. Within 45 days after such  filing and after consultation with the Agency, the Department of  Agriculture shall provide written confirmation to the owner or operator  that the facility is no longer subject to the provisions of this Section and  must comply with the applicable provisions of Section 14.4 within 90 days  after receipt of the confirmation. The Department of Agriculture shall  provide copies of the written confirmations to the Agency.(g) On or after August 11, 1994, an owner or operator of an agrichemical facility that is subject  to the provisions of Section 14.4 and regulations adopted thereunder solely  because of the presence of an on-site potable water supply well that is not a  non-community water supply may file a written notice with the Department of  Agriculture by January 1, 1995 declaring the facility to be subject to the  provisions of this Section.  When that action is taken, the regulatory  requirements of subsection (b) of this Section shall be applicable beginning  January 1, 1995.  Beginning on January 1, 1995,  such facilities shall be subject to either Section 14.4 or this Section  depending on the action taken under this subsection.  An owner or operator of  an agrichemical facility that is subject to this Section because a written  notice was filed under this subsection shall do all of the following:(1) File a facility review report with the Department     of Agriculture on or before February 28, 1995 consistent with the regulatory requirements of subsection (b) of this Section.(2) Implement an approved monitoring program within     120 days of receipt of the Department of Agriculture's determination or a notice to proceed from the Department of Agriculture.  The monitoring program shall be consistent with the requirements of subsection (b) of this Section.(3) Implement applicable operational and management     practice requirements and submit a permit application or modification to meet applicable structural provisions consistent with those in subsection (b) of this Section on or before July 1, 1995 and complete construction of applicable structural requirements on or before January 1, 1996.    Notwithstanding the provisions of this subsection, an owner or operator of an  agrichemical facility that is subject to the provisions of Section 14.4 and  regulations adopted thereunder solely because of the presence of an on-site  private potable water supply well may file a written notice with the Department  of Agriculture before January 1, 1995 requesting a release from the provisions  of Section 14.4 and this Section.  Upon receipt of a request for release, the  Department of Agriculture shall conduct a site visit to confirm the private  potable use of the on-site well.  If private potable use is confirmed, the  Department shall provide written notice to the owner or operator of the  agrichemical facility that the facility is released from compliance with the  provisions of Section 14.4 and this Section.  If private potable use is not  confirmed, the Department of Agriculture shall provide written notice to the  owner or operator that a release cannot be given.  No action in this subsection  shall be precluded by the on-site non-potable use of water from an on-site  private potable water supply well.    (Source: P.A. 92-113, eff. 7-20-01; 92-574, eff. 6-26-02.)