Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart A - GENERAL › Section 259.140 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
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 Illinois Pesticide Act [415 ILCS 60 ].
"Agency" means the Illinois Environmental Protection
				  Agency.
"Agrichemical" means pesticides or commercial fertilizers at
				  an agrichemical facility. [415 ILCS
				  60/19.3 ]
"Agrichemical facility" means a site where agricultural
				  agrichemicals are stored or handled, or both, in preparation for end use. The
				  term does not include basic manufacturing facility sites or central
				  distribution sites utilized only for wholesale purposes. [415 ILCS
				  60/19.3 ]
"Agrichemical Facility Response Action Program" or "Program"
				  means a voluntary environmental remediation program as set forth in Section
				  19.3 of the Act.
"Applicant" means an owner, operator or duly authorized agent
				  of an agrichemical facility submitting a request for approval of a corrective
				  action plan.
"Board" or "Agrichemical Facility Response Action Program
				  Board" means the board set forth in Section 19.3 of the Act.
"Class I groundwater" means potable resource groundwater as
				  described in 35 Ill. Adm. Code
				  620.210.
"Class II groundwater" means general resource groundwater as
				  described in 35 Ill. Adm. Code
				  620.220.
"Class III groundwater" means special resource groundwater as
				  described in 35 Ill. Adm. Code
				  620.230.
"Commercial fertilizer" means a substance containing one or
				  more recognized plant nutrients that is used for its plant nutrient content or
				  that is designated for use or claimed to have value in promoting plant growth,
				  including, but not limited to, nitrogen-containing compounds.
"Department" means the Illinois Department of
				  Agriculture.
"Detection" means the identification of any agrichemical
				  residue 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 40 CFR 136,
				  Appendix B (1997); 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, SW-846"
				  or "Methods for the Determination of Organic Compounds in Drinking Water,
				  Supplement III of 1995".
"Duly authorized agent" means a person who is authorized by
				  written consent or by law to act on behalf of an owner or operator including,
				  but not limited to: for corporations, a principal executive officer of at least
				  the level of vice president; or, for a sole proprietorship or partnership, the
				  proprietor or a general partner.
"Groundwater" means groundwater as defined in Section 3 of
				  the Illinois Groundwater Protection Act [415 ILCS
				  55/3 ].
"Groundwater quality standards" means the standards for
				  groundwater set forth in 35 Ill. Adm. Code 620.
"Health advisory level" means a human threshold toxicant
				  advisory concentration, as set forth in 35 Ill. Adm. Code 620, Subpart
				  F.
"Licensed professional geologist" means a person who has a
				  current license pursuant to the Professional Geologist Licensing Act of 1996
				  [225 ILCS 745 ].
"Licensed industrial hygienist" means a person who has a
				  current license pursuant to the Industrial Hygienists Licensing Act of 1993
				  [225 ILCS 52 ].
"Notice of closure" means a written statement issued by the
				  Department indicating that no further action is required to remedy the past
				  agrichemical contamination at an agrichemical facility.
"Operator" means the person responsible for the operation and
				  maintenance of an agrichemical facility.
"Owner" means the person who holds legal interest, liability
				  or claim to the real property of an agrichemical facility.
"Pesticide" means any substance or mixture of substances
				  intended for preventing, destroying, repelling, or mitigating any pest or any
				  substance or mixture of substances intended for use as a plant regulator,
				  defoliant or desiccant [415 ILCS 60/4.29 ].
"Professional engineer" means a person who has a current
				  license pursuant to the Professional Engineering Practice Act of 1989 [225 ILCS
				  325 ].
"Release" means any spilling, leaking, pumping, pouring,
				  emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
				  disposing of agrichemicals into the environment, but excludes application of
				  agrichemicals at agronomic rates under regulations established by the
				  Department in accordance with the Act.
"Remediation suitability determination level" or "RSDL" means
				  the concentration of a pesticide residue in soil that represents a level below
				  which the Department considers the remediation media to be suitable for land
				  application pursuant to 8 Ill. Adm. Code 258.
"Soil cleanup objective" or "SCO" means the concentration of
				  any agrichemical in soil below which there is a minimal risk that the
				  agrichemical will move from soil to groundwater and cause an exceedence of a
				  Class I, Class II or Class III groundwater quality standard or a health
				  advisory level.
"Target pesticide" means any pesticide that can reasonably be
				  expected by persons conducting a site assessment to be present at an
				  agrichemical facility on the basis of past and current storage or mixing and
				  loading of the pesticide at the site.