Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 255 - AGRICHEMICAL CONTAINMENT › Section 255.50 - Permits and Compliance Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Agrichemical Containment Permit
			 ("Permit") issued by the Department shall be obtained for each existing and new
			 agrichemical facility and non-commercial agrichemical facility. Permit
			 applications shall be submitted on forms provided by the Department. The
			 application shall be accompanied by engineering plans and specifications for
			 any construction or modification 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 ]. A Permit shall be obtained before the
			 commencement of any construction necessary to meet the earliest compliance
			 date, as determined by the applicable subsections of this Section. 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. A
			 Permit will 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 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. In the case of a publicly owned facility, the
			 application shall be signed by either a principal executive officer, ranking
			 official or a duly authorized employee.
c) The Department shall issue a Permit within
			 90 days after receipt of the application, provided the documents accompanying
			 the application indicate that the facility will be in compliance with Sections
			 255.80,
			 255.90,
			 255.100,
			 255.140,
			 255.150, and
			 255.160,
			 as applicable, and the Environmental Protection Act [415 ILCS 5 ]. In addition
			 to completed application forms, documents that must be submitted include a
			 location area map, detailed plot plan of the facility, water system protection
			 schematic diagram, narrative description of operational and management practice
			 plan, detailed engineering plans and specifications, process flow diagram for
			 dry fertilizer facilities and any additional information the applicant or
			 Department deem necessary to fully describe the project. The Department shall
			 allow an innovative design to satisfy the structural requirements of this Part
			 if the application for a Permit is accompanied by 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 this Part. 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. If the application for a Permit is
			 denied, the Department shall notify the applicant in writing as to why the
			 permit was denied.
d) A facility
			 that is registered pursuant to Section
			 255.40(b)(1)
			  shall meet the following compliance
			 schedule:
Item
Compliance Date
Submittal of all plans and specifications required for
						  Permit approval
Two years after the 1990 adoption date
Compliance with Section
						  255.80
						  (except as provided in subsection (h))
Three years after the 1990 adoption date for bulk
						  pesticides and four years for liquid fertilizer
Compliance with Section 255.90
Five years after the 1990 adoption date
e) A
			 facility that is registered pursuant to Section
			 255.40(b)(2)
			  shall meet the following schedule:
Item
Compliance Date
Submittal of all plans and specifications required for
						  Permit approval
Two years after the 1990 adoption date
Compliance with Section 255.90
Three years after the 1990 adoption date
Compliance with Section 255.80
Four years after the 1990 adoption date
f) A
			 facility that is registered pursuant to Section
			 255.40(b)(3)
			 or fails to register under Section
			 255.40 shall meet
			 the following compliance schedule:
Item
Compliance Date
Submittal of all plans and specifications required for
						  Permit approval
One year after the 1990 adoption date
Compliance with Section 255.90
Two years after the 1990 adoption date
Compliance with Section
						  255.80
						  (except as provided in subsection (h))
Three years after the 1990 adoption date for bulk
						  pesticides and 4 years for liquid fertilizer
g) A
			 facility that is registered pursuant to both Section
			 255.40(b)(1)
			 and Section
			 255.40(b)(2)
			  shall meet the following compliance
			 schedule:
Item
Compliance Date
Submittal of all plans and specifications required for
						  Permit approval
Three years after the 1990 adoption date
Compliance with Section
						  255.80 and
						  Section 255.90
Five years after the 1990 adoption date
h) A
			 facility that is registered pursuant to Section
			 255.40(b)(4)
			  shall be in compliance with Section 255.80,
			 with respect to its liquid fertilizer storage tanks with capacity of 100,000
			 gallons or more, in accordance with the following schedule:
Item
Compliance Date
Notify Department of intent to take tank out of service
						  or to comply with Section 255.80
Four years after the 1990 adoption date
Submittal of all plans and specifications required for
						  approval of amended permit
Five years after the 1990 adoption date
Compliance with Section 255.80
Seven and 1/2 years after the 1990 adoption date
i) A
			 facility registered pursuant to Section
			 255.40(b)(5)
			  shall be in compliance with Section
			 255.140 within five
			 years after the 1990 adoption date.
j) A facility registered pursuant to Section
			 255.40(b)(6)
			  shall be in compliance with Section
			 255.150 within five
			 years after the 1990 adoption date.
k) All non-commercial agrichemical facilities
			 shall be in compliance with all of this Part within five years after the 1990
			 adoption date.
l) Nothing in this
			 Part shall require the loading of pesticide into anhydrous ammonia nurse tanks
			 to be accomplished within an operational area containment structure, provided
			 that a closed transfer system is used.