Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 255 - AGRICHEMICAL CONTAINMENT › Section 255.180 - On-farm Storage Facility Containment

Current through Register Vol. 48, No. 28, July 12, 2024
Notwithstanding the other provisions of this Part, an on-farm
				storage facility shall comply with the following:
a) All agrichemical non-mobile storage
			 containers for liquid pesticides and liquid fertilizer at an on-farm storage
			 facility shall be located within a secondary containment structure. Dry
			 fertilizer or dry pesticide materials shall be stored in a manner to prevent
			 pollution by minimizing losses to the air, surface water, underground water or
			 subsoil. Dry fertilizers and pesticides shall be stored inside a sound
			 structure or device having a cover or roofed top, sidewalls and base sufficient
			 to prevent contact with precipitation and surface waters.
b) Registration and Compliance Schedules: All
			 existing on-farm storage facilities shall register with the Department, on
			 forms provided by the Department, no later than March 31, 2003. The Department
			 shall issue a compliance schedule to each existing on-farm storage facility
			 registered with the Department no later than June 30, 2003. The compliance
			 schedule shall require the submittal of all containment plans and
			 specifications to the Department no later than March 31, 2004 and the
			 completion of all construction of required containment structures no later than
			 June 30, 2005.
c) On-Farm Storage
			 Facility Permits: The owner or operator of an existing or new on-farm storage
			 facility shall obtain an agrichemical containment permit issued by the
			 Department for each facility. Permits shall be obtained prior to the
			 commencement of any containment construction and shall be obtained in
			 accordance with the compliance schedule issued by the Department pursuant to
			 subsection (b) of this Section.
1) Permit
			 applications shall be submitted on forms provided by the Department. The
			 application shall be accompanied by detailed engineering plans and
			 specifications for any construction or modification of a secondary containment
			 structure to be accomplished pursuant to the Permit. Such plans and
			 specifications shall be prepared by an Illinois Professional Engineer when
			 required by the provisions of the Illinois Professional Engineering Practice
			 Act [225 ILCS 325 ]. In addition to completed permit application forms and
			 detailed engineering plans/specifications, documents submitted to the
			 Department shall include a location area map, detailed plot plan of the
			 facility, and any additional information the applicant or Department deems
			 necessary to fully describe the project.
2) A Permit shall be obtained before the
			 commencement of any construction necessary to meet the compliance date. A
			 Permit must be amended before the commencement of any modification to the
			 facility. A Permit amendment shall not be required for alterations at the
			 facility as defined in Section
			 255.10 of this
			 Part.
3) A Permit will be
			 transferred to a new owner or operator upon written notification by the
			 permittee to the Department.
4)
			 Permits shall be renewed every 5 years.
5) An application for a Permit submitted by a
			 corporation shall be signed by a principal executive officer of at least the
			 level of vice president, or a duly authorized representative who is responsible
			 for the overall operation of the facility described in the application. In the
			 case of a partnership or a sole proprietorship, the application shall be signed
			 by a general partner or the proprietor, respectively.
6) The Department shall issue a Permit within
			 90 days after receipt of the application, provided the documents accompanying
			 the application indicate that the on-farm storage facility will be in
			 compliance with this Section.
7)
			 The Department shall allow an innovative design to satisfy the structural
			 requirements of this Section if the application for a Permit is accompanied by
			 a registered professional engineer's statement certifying that the design will
			 provide protection to the environment equivalent to that of this
			 Section.
8) All engineering costs
			 shall be the responsibility of the person making the request.
9) A Permit issued "with conditions" means
			 that the facility is deficient in some area in order to meet full compliance
			 with this Part. A Permit with conditions will be issued if the operation of the
			 facility during the period of time that the facility owner was correcting the
			 deficiency does not jeopardize the environment.
10) If the Department fails to grant or deny
			 the Permit as requested or issue a Permit with conditions within 90 days from
			 the date of receipt of the application, the applicant may deem the Permit
			 granted for a one-year period commencing on the 91st day after the Department
			 received the application. If the application for a Permit is denied, the
			 Department shall notify the applicant in writing as to why the permit was
			 denied.