Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 256 - LAWNCARE SPILL, WASH WATER AND RINSATE COLLECTION › Section 256.30 - Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A lawncare
			 containment permit (either general class, experimental, or special) issued by
			 the Department shall be obtained for each existing and new containment area as
			 defined by the Act. Permit applications shall be submitted on forms provided by
			 the Department. A permit shall be obtained prior to the commencement of any
			 construction necessary to meet the requirements to the Act or this Part. When
			 required by the provisions of the Illinois Professional Engineering Practice
			 Act [225 ILCS 325 ], all engineering plans and specifications accompanying the
			 application for the containment area shall be prepared by an Illinois
			 Professional Engineer. A permit shall be amended before the commencement of any
			 modification of the containment area. Alterations to the containment area may
			 be done without permit amendment. A facility owner or operator may contact the
			 Department for determinations regarding proposed alterations versus
			 modifications. A permit shall be transferred to a new owner or operator upon
			 written notification by the permittee to the Department. Permits shall be
			 renewed every 5 years.
b) An
			 application for a permit submitted by a corporation shall be signed by a
			 principal executive officer of at least the level of the vice president, or a
			 duly authorized representative who is responsible for the overall operation of
			 the containment area 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. In the case of a publicly owned containment
			 area, the application shall be signed by either a principal executive officer,
			 ranking official or a duly authorized employee.
c) The containment area shall be constructed
			 of impervious materials as required by the Act and shall be compatible with the
			 materials applied by the application device. Synthetic materials or liners may
			 be used for spill, wash water and rinsate collection containment structures
			 provided they are compatible with the pesticides being contained and they are
			 installed according to the manufacturer's written directions. The structure
			 shall be repaired and maintained according to the manufacturer's
			 recommendations. These directions and recommendations shall become permanent
			 records to be maintained at the facility site. A written confirmation of
			 compatibility and a written estimate of life expectancy from the manufacturer
			 shall also be kept on file at the facility.
d) The Department shall allow an innovative
			 design to satisfy the structural requirements of this Part if the application
			 for a permit is accompanied with a registered professional engineer's statement
			 certifying that the design shall provide protection to the environment
			 equivalent to that of this Part. All engineering costs shall be the
			 responsibility of the person making the request. A permit issued "with
			 conditions" means that the facility is deficient in some area in order to meet
			 full compliance with the before stated rules. A permit with conditions would 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. If the Department fails to grant or deny the permit as requested
			 or issue 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 application was received by the
			 Department. If the application for a permit is denied, the Department shall
			 notify the applicant in writing as to why the permit was denied.