Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 257 - COOPERATIVE GROUNDWATER PROTECTION PROGRAM › Section 257.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
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
				following definitions shall also apply to this Part:
"Activity" means a unit for the storage and related handling of
				pesticides or fertilizers at an agrichemical or lawncare facility.
"Agrichemical facility" means a site used for commercial
				purposes, where bulk pesticides are stored in a single container in excess of
				300 gallons of liquid pesticide or 300 pounds of dry pesticide for more than 30
				days per year or where more than 300 gallons of liquid pesticide or 300 pounds
				of dry pesticide are being mixed, repackaged or transferred from one container
				to another within a 30-day period or a site where bulk fertilizers are stored,
				mixed, repackaged or transferred from one container to another.
"Agrichemical Spill" means a release outside an operational
				area containment or secondary containment structure involving more than 25
				gallons of liquid fertilizer or 100 pounds of dry fertilizer or 5 pounds of
				liquid or dry active ingredient equivalent of pesticides; except that for
				reportable substances, it means when the amount spilled equals or exceeds the
				reportable quantity (RQ) for those chemical substances.
"Agrichemicals" means pesticides or commercial fertilizers at a
				facility, but does not include anhydrous ammonia fertilizer material.
"Alterations" means permanent changes in activities or
				processes at a facility or changes in stored and handled product mix which do
				not modify the efficiency of containment structures or systems.
"Category A Geologic Vulnerability" means the geologic material
				associated with a community water supply well with a 400 foot minimum setback
				zone deriving water from an unconfined shallow fractured or highly permeable
				bedrock formation or from an unconsolidated and unconfined sand and gravel
				formation. For any other potable water supply well, it means that Class I or
				III groundwater is located at or within 50 feet of the land surface and the top
				of such potable well screen or open interval is less than or equal to 100 feet
				from the land surface.
"Category B Geologic Vulnerability" means the geologic material
				associated with a community water supply well with a 200 foot minimum setback
				zone not deriving water from an unconfined shallow fractured or highly
				permeable bedrock formation or from an unconsolidated and unconfined sand and
				gravel formation. For any other potable water supply well, it means that Class
				I or III groundwater is located more than 50 feet from the land surface or the
				top of such potable well screen or open interval is more than 100 feet from the
				land surface.
"Central distribution facility" means a site that is not an
				agrichemical facility that is used for the storage and related handling of
				pesticides and/or fertilizers at a central location for the purpose of
				distribution to retail sales outlets.
"Commercial" means buying and selling agrichemicals and
				agrichemical services for compensation.
"Community Water Supply" means a public water supply which
				serves at least 15 service connections used by residents or regularly serves at
				least 25 residents for at least 60 days per year.
"Detection" means the identification of a contaminant in a
				sample at a value equal to or greater than the:
Method Detection Limit or MDL, which means the minimum
				concentration of a substance that can be measured as reported with 99 percent
				confidence that the true value is greater than zero pursuant to 56 Fed. Reg.
				3526 thru 3597 (January 30, 1991); or
Method Quantitation Limit or MQL, which means the minimum
				concentration of a substance that can be measured and reported pursuant to
				"Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods".
"Existing activity" means an activity that was in operation or
				for which there was commencement of construction on or before the effective
				date of these regulations or on or before the effective date of a regulated
				recharge regulation affecting such activity.
"Groundwater" means groundwater as defined in the Illinois
				Groundwater Protection Act (415 ILCS 55 ).
"Lawncare facility" means a site subject to the provisions of
				Section 5 of the Illinois Lawncare Products Application and Notice Act
				(415
				ILCS 65/5 ).
"Load or loading" means the transfer of formulated pesticide at
				a facility from facility storage to application equipment resulting in use
				dilutions or the transfer of bulk pesticides to field nursing transportation
				equipment or the transfer of liquid fertilizer or dry fertilizer at facilities
				from facility storage to application equipment and field nursing transportation
				equipment.
"Mini-bulk container" means a portable container which is
				designed for transportation and has a capacity of not less than 100 gallons nor
				more than 660 gallons.
"Minimal consequence" means that an agrichemical spill has been
				responded to in a timely and appropriate manner and that the Department has no
				reason to believe that such spill will result in contamination of the vadose
				zone or groundwater.
"Modification" means changes in structures, processes or
				activities at a facility which change the efficiency or effectiveness of the
				containment structures or systems; i.e., changes in capacity.
"New activity" means an activity that is not an existing
				activity.
"Non-Community Water Supply" means a public water supply that
				is not a community water supply, and has at least 15 service connections used
				by nonresidents, or regularly serves 25 or more nonresident individuals daily
				for at least 60 days per year.
"Operational activity" means loading, unloading, and mixing of
				agrichemicals and or the cleaning of agrichemical transportation or application
				equipment at a facility.
"Operational area" means an area or areas at the facility where
				agrichemicals are loaded, unloaded, mixed, repackaged, or where agrichemicals
				are cleaned and washed from application, storage or transportation
				equipment.
"Operational area containment structure or system" means any
				structure or system used to intercept or prevent runoff or leaching, and
				contain spills and residues containing agrichemicals from operational
				activities such as loading, unloading, mixing, and equipment washing and
				rinsing.
"Packaged goods" means portable containers which are designed
				for transportation and have capacities of less than 100 gallons.
"Poly-materials" means any non-metallic, natural or synthetic
				compound or mixture of compounds created by the process of polymerization
				which, in its rigid form, can be used for the construction of agrichemical
				storage vessels (e.g., polyethylene, polyolefins, polyvinyl chloride, etc.).
				For the purposes of this Part, this definition shall also include all materials
				generally referred to as plastic or rubber.
"Regulated Recharge Area" means a compact geographic area, as
				determined by the Pollution Control Board, the geology of which renders a
				potable resource groundwater particularly susceptible to contamination.
"Reportable quantity" or "RQ" means a quantity that equals or
				exceeds the reportable quantity for substances listed in the Appendix to
				49 CFR
				172.101(1988) or in Appendix
				A of 40 CFR 355(1988).
"Reportable substance" means any substance listed in the
				Appendix to
				49 CFR
				172.101(1988) or in Appendix
				A of 40 CFR 355(1988).
"Secondary containment structure" means any structure or basin
				used to contain agrichemical spills and prevent runoff or leaching from bulk
				agrichemical containers.
"Setback Zone" means a geographic area, established under the
				Illinois Environmental Protection Act (415 ILCS 5 ), containing a potable water
				supply well or potential source or potential route, having a continuous
				boundary, and within which certain prohibitions or regulations are applicable
				in order to protect groundwaters.
"Underground water" means underground water as defined in the
				Illinois Groundwater Protection Act (415 ILCS 55).
"Unload or unloading" means the transfer at a facility of
				formulated pesticide in an unaltered state from the transport vehicle into
				facility storage or the transfer of bulk commercial fertilizer in an unaltered
				state from the transport vehicle into facility storage.
"Vadose Zone" means the area beneath the land surface which
				contains underground water that is not groundwater.