Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 255 - AGRICHEMICAL CONTAINMENT › Section 255.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Definitions for this Part can be located in 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:
"Agrichemicals" means pesticides or commercial fertilizers, at
				an agrichemical facility, non-commercial agrichemical facility, or on-farm
				storage facility, but does not include anhydrous ammonia fertilizer
				material.
"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.
"Alterations" means permanent changes in activities or
				processes at an agrichemical facility, non-commercial agrichemical facility, or
				on-farm storage facility, or changes in stored and handled product mix that do
				not modify the efficiency of containment structures or systems.
"Commercial" means buying and selling agrichemicals and
				agrichemical services for compensation.
"Groundwater" means groundwater as defined in the Illinois
				Groundwater Protection Act [415 ILCS 55 ].
"Load or loading" means the transfer of formulated pesticide,
				at agrichemical facilities or non-commercial agrichemical facilities, 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 that is
				designed for transportation and has a capacity of not less than 100 gallons nor
				more than 660 gallons.
"Modification" means changes in structures, processes or
				activities at an agrichemical facility, non-commercial agrichemical facility,
				or on-farm storage facility, that alter the efficiency of containment
				structures or systems, i.e., changes in capacity.
"New" means an agrichemical facility, non-commercial
				agrichemical facility, or on-farm storage facility, not in existence at the
				time of adoption of this Part or that undergoes modification where the fixed
				capital cost of construction exceeds 50% of the fixed capital cost of a
				comparable entirely new facility and such modification occurs within a two-year
				period.
"Non-commercial agrichemical facility" means a site, including
				the land and structures and equipment fixed thereon, designed and used for each
				of the following activities:
storing pesticides or fertilizer for more than 45 consecutive
				days in a single container holding in excess of:
300 gallons bulk liquid pesticides; or
300 pounds bulk dry pesticides; or
5000 gallons bulk liquid commercial fertilizer; or
50,000 pounds bulk dry commercial fertilizer.
loading and mixing, including bulk repackaging, of pesticides
				or fertilizer at a permanent site for more than a 45 day period in quantities
				in excess of:
300 gallons bulk liquid pesticides; or
300 pounds bulk dry pesticides; or
5000 gallons bulk liquid commercial fertilizer; or
50,000 pounds bulk dry commercial fertilizer.
the non-commercial application of pesticides or
				fertilizer.
"Non-mobile" means not readily capable of moving or being moved
				from place to place.
"On-farm storage facility" means a permanent site, including
				the land and structures and equipment fixed thereon, that:
is designed and used for the non-commercial storage of
				pesticides or fertilizers for more than 45 consecutive days in a single,
				non-mobile container holding in excess of:
300 gallons bulk liquid pesticides; or
300 pounds bulk dry pesticides; or
5,000 gallons bulk liquid fertilizer; or
50,000 pounds bulk dry commercial fertilizer;
is not used for commercial purposes; and
is not a "non-commercial agrichemical facility".
"Operational activity" means loading, unloading, and mixing of
				agrichemicals and/or the cleaning of transportation or application equipment at
				agrichemical facilities or non-commercial agrichemical facilities.
"Operational area" means an area or areas at the agrichemical
				facility or non-commercial agrichemical 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, prevent runoff or leaching, and contain
				spills and residues containing agrichemicals from operational activities such
				as loading, unloading, mixing, and equipment washing and rinsing.
"Reportable agrichemical spill" means an uncontrolled release
				outside an operational area containment or secondary containment structure
				involving more than 25 gallons of unrecovered liquid fertilizer or 100 pounds
				of unrecovered dry fertilizer or 5 pounds of unrecovered liquid or unrecovered
				dry active ingredient equivalent of pesticides; except for reportable
				substances, it means when the amount spilled equals or exceeds the RQ for those
				chemical substances.
"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.
"Unload" or "unloading" means the transfer at agrichemical
				facilities or non-commercial agrichemical facilities 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.