reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 257 - COOPERATIVE GROUNDWATER PROTECTION PROGRAM › Section 257.100 - Closure and Discontinuance of Operations

Current through Register Vol. 48, No. 28, July 12, 2024
Facilities subject to this Part shall complete the following
				activities at the time of closure or discontinuance of operations:
a) All products and waste materials
			 containing pesticide or fertilizer chemicals shall be removed from the premises
			 in the following manner:
1) For agrichemical
			 facilities, agrichemical products, rinsates, wash waters, contaminated soils
			 and other materials containing agrichemicals, and all agrichemical containers
			 shall be removed from the agrichemical facility site and disposed of or
			 utilized in a legally acceptable manner.
2) For lawncare facilities, lawncare
			 products, rinsates, wash waters, contaminated soils and other materials
			 containing lawncare chemicals, and all lawncare containers shall be removed
			 from the lawncare facility and disposed of or utilized in a legally acceptable
			 manner.
3) For central distribution
			 facilities, the owner or operator shall remove all pesticide and fertilizer
			 product from the central distribution facility, and shall remove or
			 decontaminate all residues, contaminated containment system components,
			 contaminated soils, structures and equipment.
4) For other facilities, the owner or
			 operator of the facility shall remove all pesticide and fertilizer products
			 from the site and shall remove or decontaminate all residues, contaminated
			 containment system components, contaminated soils, structures and
			 equipment.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Section 258.10 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
			 applies to the owner or operator of an agrichemical facility who requests,
			 pursuant to
			 415 ILCS
			 60/19(9), Department issuance of a
			 written authorization for land application of agrichemical-contaminated soil or
			 groundwater. The contaminated soil or groundwater must be the product of the
			 environmental cleanup of agrichemical spill sites at:
1) agrichemical facilities,
2) in transit locations from an agrichemical
			 facility to the field of application, or
3) the field of application.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Section 258.20 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part is
				judged invalid, such adjudication shall not affect the validity of this Part as
				a whole or any Section, subsection, sentence or clause thereof not judged
				invalid.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Section 258.40 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department incorporates the following material by reference:
1) NTIS - National Technical Information
			 Service, 5285 Port Royal Road, Springfield VA 22161, (703) 487-4600.
"Methods for the Determination of Organic Compounds in Drinking
				Water", USEPA, Publication No. EPA-600/4-88-039 (December 1998).
"Methods for the Determination of Organic Compounds in Drinking
				Water, Supplement II", USEPA Publication No. EPA/600/R-92/129 (August
				1992).
"Methods for the Determination of Organic Compounds in Drinking
				Water, Supplement III", USEPA Publication No. EPA/600/R-95/131 (August
				1995).
"Test Methods for Evaluating Solid Wastes, Physical/Chemical
				Methods", USEPA Publication Number SW 846 (Third Edition, Final Update III,
				December 1996), as amended by Updates I, IIA, and III (Document No.
				955-001-00000-1).
2)
			 University of Illinois Board of Trustees, 1401 South Maryland Drive, Urbana IL
			 61801 (217)333-2007.
"Illinois Agronomy Handbook 2001-2002", University of Illinoi
				at Urbana-Champaign, College of Agricultural, Consumer and Environmental
				Sciences (December 2000).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Section 258.50 - Remediation Suitability Determination

Current through Register Vol. 48, No. 28, July 12, 2024
Contaminated soil that is the subject of an application for
				Department issuance of written authorization for land application must be
				evaluated for remediation suitability in accordance with this Section.
a) The applicant must develop an appropriate,
			 site-specific list of agrichemicals known or suspected to have been released at
			 the spill site. The compounds included in Appendices A and B of this Part may
			 serve as a guide to the applicant in the development of the site-specific list
			 of target pesticides and nutrients. Unless affirmatively demonstrated that an
			 agrichemical has not been stored, mixed or loaded at the spill site, all
			 pesticides listed in Appendix B must be considered target
			 agrichemicals.
b) The contaminated
			 soil must be sampled in accordance with the requirements of this Part and
			 analyzed for the presence and concentration of the target agrichemicals
			 included on the list of compounds required in subsection (a) of this
			 Section.
c) If the list required in
			 subsection (a) of this Section includes any of the pesticides listed in
			 Appendix A of this Part, the mean concentration of the pesticide in the soil
			 must be determined in accordance with the sampling and analysis procedures of
			 Section
			 258.90. The
			 mean pesticide concentrations of the contaminated soil must be compared to its
			 associated Remediation Suitability Determination Level (RSDL) obtained from
			 Appendix A of this Part. If the mean remediation media concentration for any
			 pesticide listed in Appendix A of this Part is equal to or greater than its
			 associated Remediation Suitability Determination Level, the contaminated soil
			 may not be suitable for land application.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Section 258.60 - Written Authorization for Land Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) An Authorization issued by the Department
			 pursuant to this Part must be obtained by an applicant prior to the
			 commencement of any stockpiling of contaminated soil or land application of
			 contaminated soil or groundwater at a proposed application area. If ownership
			 of an agrichemical facility is transferred, an Authorization may be transferred
			 to the new owner or operator of the agrichemical facility upon written
			 notification by the applicant to the Department and approval by the
			 Department.
b) An application for
			 an Authorization must be submitted on forms provided by the Department.
			 Information submitted in an application must include the following:
1) The facility name, address, telephone
			 number, and facility identification number, if applicable; the applicant's full
			 legal names, addresses and telephone numbers, including any authorized agents
			 of the applicant and any contact persons to whom correspondence must be
			 addressed; and the applicant's signature authorizing the application;
2) The full legal name, address and telephone
			 number of the owners of the proposed land application area, including any
			 authorized agents acting on behalf of such owners and any contact persons to
			 whom correspondence must be addressed, and the signatures of the landowners
			 authorizing the application;
3) The
			 name, address, telephone number, and signature of the persons responsible for
			 the project design and management;
4) Topographic and plat maps of the proposed
			 land application area;
5) A
			 location area map of the proposed land application area;
6) A soil survey map of the proposed land
			 application area;
7) A listing of
			 the agrichemical concentrations, a description of the methods utilized to
			 determine the agrichemical concentrations, and the volume of contaminated soil
			 or groundwater proposed to be land applied;
8) A description of the agricultural crop to
			 be grown on the land application area and date of the proposed land
			 application;
9) A proposed
			 application method or procedure for contaminated soil or groundwater,
			 application rate, and supporting data and calculations, including the label
			 rates associated with each pesticide present and the identification of the
			 most-limiting compound on which the contaminated soil or groundwater
			 application rate is to be based, each of which must be consistent with the
			 requirements found at Section
			 258.70(e)
			 of this Part;
10) A description of
			 the proposed method to be utilized for the calibration of the application
			 device to ensure consistent distribution of contaminated soil or groundwater to
			 the land application area and how the contaminated soil or groundwater will be
			 incorporated into the soil; and
11)
			 The legal description of the land application area and the acreage available at
			 each site.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Section 258.70 - Operational Control Practices, Limitations and Restrictions

Current through Register Vol. 48, No. 28, July 12, 2024
a) No applicant
			 shall land apply contaminated soil or groundwater or stockpile contaminated
			 soil:
1) within any Illinois Groundwater
			 Protection Act (IGPA) [415 ILCS 55/14 ] defined wellhead setback zone or
			 regulated recharge area;
2) within
			 200 feet of any surface water or within 1,000 feet of any surface water body
			 that is the subject of any health advisory regarding agrichemicals listed in
			 Appendix A;
3) within 20 feet of a
			 farmland edge unless the application is to a field access lane and is performed
			 consistent with Section
			 258.60(c);
4) within any flood plain with a return
			 frequency of 10 years or less;
5)
			 within 200 feet of a drainage tubing surface inlet;
6) within 200 feet of a sinkhole;
7) within 200 feet of a structure being used
			 for human habitation at the time of the proposed application. In addition, no
			 applicant shall land apply remediation media within 200 feet of a structure
			 being used as a common place of assembly, such as a church, school or
			 business;
8) on frozen farmland
			 with a frost depth of one inch or greater;
9) on a portion of farmland that has a slope
			 in excess of five percent; and
10)
			 within 200 feet of any Class III: Special Resource Groundwater as defined by 35
			 Ill. Adm. Code
			 620.230.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Section 258.80 - Closure Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
			 Closure Report must be submitted to the Department within 60 days after receipt
			 of analytical results associated with closure sampling required under
			 subsection (b) (1) of this Section.
b) The Closure Report shall include the
			 following information:
1) Analytical results,
			 including the mean and standard deviation for each analyte, from the soil
			 sampling of the land application area:
A)
			 conducted no later than two months prior to planting of the following crop;
			 or
B) in the case of field access
			 lanes or farmland currently enrolled in the Conservation Reserve Program,
			 conducted no later than six months after the application of contaminated soil
			 or groundwater ;
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Section 258.100 - Penalties and Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
Applicants who fail to comply with the provisions or conditions
				of a written authorization for the land application of contaminated soil or
				groundwater issued by the Department shall be subject to the administrative
				actions and penalties contained in Section 24.1 of the Illinois Pesticide Act
				[415 ILCS
				60/24.1 ].
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Appendix C - Soil Closure Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
PESTICIDES
CAS No.a
RECOMMENDED TEST
						  METHODb
SURFACE (mg/kg)
acetochlor
34256-82-1
8151
0.9 *
acifluorfen sodium
62476-59-9
8151
2.8
alachlor
15972-60-8
8081
1.7 *
aldicarb
116-06-3
8321
1.6 *
aldrin
309-00-2
8081
0.02
atrazine
1912-24-9
8141
1.7*
bentazon sodium
50723-80-3
8151
2.6
bromacil
314-40-9
8321
5.2
bromoxynil (o)
1689-99-2
8270
6.9
butylate
2008-41-5
8270
27
carbofuran
1563-66-2
8270
0.6
chlordane
57-74-9
8081
29
chlorimuron-ethyl
90982-32-4
8081
3.6
chlorpyrifos
2921-88-2
8141
50
cyanazine
21725-46-2
8141
1.1 *
2,4-D
94-75-7
8151
1.1
4,4'-DDD
72-54-8
8081
22
4,4'-DDE
72-55-9
8081
64
4,4'-DDT
50-29-3
8081
66
diazinon
333-41-5
8141
0.2
dicamba
1918-00-9
8151
1.4
dieldrin
60-57-1
8081
0.01
dimethoate
60-51-5
8141
0.3 *
dinoseb
88-85-7
8151
0.08
disulfoton
298-04-4
8141
0.2*
endosulfan
115-29-7
8081
600
endothall
145-73-3
8270
2.4
endrin
72-20-8
8081
5
EPTC
759-94-4
8270
10
glyphosate
1071-83-6
8321
350
HCH-alpha
319-84-6
8081
0.01
heptachlor
76-44-8
8081
2.3
heptachlor epoxide
1024-57-3
8081
3.8
lindane
58-89-9
8081
0.07
linuron
330-55-2
8321
1.7
malathion
121-75-5
8141
41
methoxychlor
72-43-5
8151
730
metolachlor
51218-45-2
8151
22
metribuzin
21087-64-9
8270
2.8
parathion, ethyl
56-38-2
8141
77
parathion, methyl
298-00-0
8141
2.6
pendimethalin
40487-42-1
8091
900
permethrin
52645-53-1
8081
3300
phorate
298-02-2
8141
1.1*
simazine
122-34-9
8141
1.7*
2,4,5-TP
93-72-1
8270
65
terbufos
13071-79-9
8141
0.4 *
toxaphene
8001-35-2
8081
72
trifluralin
1582-09-8
8091
100
NUTRIENTS
SURFACE
Ammonia (as N) plus Nitrate (as N)
100 mg/kg
Phosphorous (Bray P1)
150 mg/kg
Notes:
a Chemical Abstract Service
						  (CAS)
b USEPA Test Methods
						  (SW-846)
* Application Rate Equivalents (AREs) are based on
						  USEPA-approved pesticide label rates for the specific pesticide active
						  ingredient and conservative assumptions about soil properties. AREs only apply
						  to the upper three inches of soil and are used as the Soil Cleanup Objective
						  (SCO) if the ARE is greater than the SCO value calculated using the Equation in
						  8 Ill. Adm. Code
						  259.350(a).
The application rate equivalents can be determined using the
				equation below:
ARE (mg/kg)
=
Application Rate (1b/acre) x (1 acre-foot / 43,560
						  ft3) x (1 ft3 / 110 1b) x
						  (1 / 0.25 ft) x (1.0 x 106mg/kg)
Where:
ARE = application rate equivalent (mg/kg) for
				coarse-textured, low organic matter content soils
Applicationrate = current
				label application rate (1b/acre)
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 258 - LAND APPLICATION AUTHORIZATION PROGRAM › Appendix D - Land Application Area Sampling

Current through Register Vol. 48, No. 28, July 12, 2024
The number of composite sample collected from the land
				application area will depend on the size of the land application area. For
				areas up to 20 acres in size, the land application area must be divided into
				quadrants and a composite sample will be collected from each quadrant,
				providing four samples. Land application areas larger than 20 acres will be
				divided into five-acre square grids approximately 467 feet long on each side. A
				composite sample s will be collected from each of 4 randomly selected five-acre
				squares in land application areas up to 80 acres in size, representing no less
				than 25 percent of the five-acre grids. Land application areas larger than 80
				acres will have 25 percent of the five-acre squares randomly sampled. The
				five-acre squares will be sampled by dividing the square into quadrants and
				obtaining a composite grab sample from each of the four quadrants. The number
				of composite samples for each land application area must be determined by
				multiplying the number of five-acre squares by 0.25 and rounding to the nearest
				whole number.
SAMPLE NUMBER DETERMINATION
LAND APPLICATION AREA (ACRES) (A)
NUMBER OF FIVE ACRE SQUARES (N)
NUMBER OF SAMPLES (S)
5
N/A
4
10
N/A
4
15
N/A
4
20
N/A
4
40
8
4
60
12
4
80
16
4
100
20
5
120
24
6
140
28
7
160
32
8
A
N=A/5
S=N/4
The sample locations must be determined by assigning
				consecutive numbers to each five-acre square. A series of random numbers must
				be generated using a computer spreadsheet program or a random number table. The
				numbered five-acre squares that correspond to the random numbers must be
				sampled until the required number of samples is obtained.
The laboratory results must be evaluated to determine the mean
				concentration and standard deviation of the sample. The value of the
				concentration reported as present but below detection limit will be used in the
				calculations. A value of zero will be used for results that are reported as
				non-detectable.
All land application area samples must be collected from the
				soil profile, starting at the soil surface and extending to a depth specified
				in Section
				258.90 of
				this Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart A - GENERAL › Section 259.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
a) It is the policy
				of the State of Illinois that an Agrichemical Facility Response Action Program
				be implemented to reduce potential agrichemical pollution and minimize
				environmental degradation risk potential at the sites [415 ILCS 60/19.3a
				].
b) The purposes of this Part are
				to:
1) establish minimum default soil cleanup
				objectives for possible remediation of an agrichemical facility;
2) establish procedures for developing
				appropriate site-specific soil cleanup objectives;
3) provide general guidance on procedures for
				voluntary site assessments to assess the threat of groundwater contamination;
				and
4) establish procedures for the
				review and approval of voluntary corrective action plans and issuance of a
				notice of closure upon successful completion of corrective actions.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart A - GENERAL › Section 259.120 - Applicability

Current through Register Vol. 48, No. 28, July 12, 2024
a) This Part
				applies to the owner or operator of an agrichemical facility who voluntarily
				requests approval of corrective action plans to remediate past agrichemical
				contamination.
1) An owner or operator who
				elects to participate in the Agrichemical Facility Response Action Program
				shall determine if soil or groundwater at an agrichemical facility contains
				agrichemicals at concentrations requiring cleanup pursuant to Subpart B of this
				Part.
2) An owner or operator who
				elects to participate in the Program shall conduct a site assessment to
				identify any agrichemical contamination of soil or groundwater and to develop
				sufficient information regarding the extent of any contamination to guide
				decisions about corrective actions pursuant to Subpart C of this
				Part.
3) If soil or groundwater at
				an agrichemical facility contains agrichemicals at concentrations requiring
				cleanup pursuant to Subpart B of this Part, an owner or operator who elects to
				participate in the Program, shall submit a corrective action plan for review by
				the Department and final approval by the Board pursuant to Subpart D of this
				Part.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart A - GENERAL › Section 259.130 - Severability

Current through Register Vol. 48, No. 28, July 12, 2024
If any Section, subsection, sentence or clause of this Part
				  is judged invalid, that adjudication shall not affect the validity of this Part
				  as a whole or any Section, subsection, sentence or clause of this Part not
				  judged invalid.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart A - GENERAL › Section 259.150 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
This Section incorporates the following material by
				  reference. These incorporations by reference do not include any amendments or
				  editions beyond the dates specified.
Roy, W.R. and I.G. Krapac, Potential Soil Cleanup Objectives
				  for Nitrogen-Containing Fertilizers at Agrichemical Facilities, Soil and
				  Sediment Contamination, 15:241-251, 2006.
NTIS. National Technical Information Service, 5285 Port Royal
				  Road, Springfield VA 22161, (703) 487-4600.
"A Compendium of Superfund Field Operations Methods", EPA
				  Publication No. EPA/540/0-87-001, OSWER Directive 9355.0 -14 (December
				  1987).
"Methods for the Determination of Organic Compounds in
				  Drinking Water, Supplement III", EPA Publication No. EPA/600/R-95/131 (August
				  1995).
"Test Methods for Evaluating Solid Wastes, Physical/Chemical
				  Methods", EPA Publication No. SW-846 (Third Edition, April 1998), as amended by
				  Updates I, IIA, III and IIIA.
"Soil Screening Guidance: Technical Background Document", EPA
				  Publication No. EPA/540/R-95/128, PB96-963502 (May 1996).
"Soil Screening Guidance: User's Guide", EPA Publication No.
				  EPA/540/R-96/018, PB96-963505 (April 1996).
"Subsurface Characterization and Monitoring Techniques: A
				  Desk Reference Guide, Volume I: Solids and Ground Water, Appendices A and B",
				  EPA Publication No. EPA/625/R-93/003a (May 1993).
"Subsurface Characterization and Monitoring Techniques: A
				  Desk Reference Guide, Volume II: The Vadose Zone, Field Screening and
				  Analytical Methods, Appendices C and D", EPA Publication No. EPA/625/R-93/003b
				  (May 1993).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart B - SOIL AND GROUNDWATER CLEANUP OBJECTIVES › Section 259.210 - General

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator of an agrichemical facility who elects
				  to participate in the Agrichemical Facility Response Action Program shall use
				  the criteria in this Subpart to determine if soil at an agrichemical facility
				  contains agrichemicals at concentrations that represent a significant
				  environmental risk that must be managed under hazardous waste regulations, has
				  agrichemical concentrations of moderate concern that may be managed under more
				  flexible regulations, or has agrichemical concentrations that are below
				  regulatory concern.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart B - SOIL AND GROUNDWATER CLEANUP OBJECTIVES › Section 259.230 - Nitrate and Ammonium

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the nitrate or ammonium concentrations in soil are equal to or greater than the
				default soil cleanup objectives in Appendix C of this Part, the soil is
				considered a moderate risk to cause an exceedence of a groundwater quality
				standard or a health advisory level, and a corrective action plan to remediate
				the past contamination may be submitted to the Department and the Board for
				review. The soil may be suitable for the land application treatment program
				under 8 Ill. Adm. Code 258.
b) If
				the nitrate or ammonium concentrations in soil are less than the default SCOs
				in Appendix C of this Part, the nitrate or ammonium concentrations are
				considered below regulatory concern and the facility may apply for a notice of
				closure in accordance with Subpart E of this Part.
c) If the nitrate or ammonium concentrations
				are equal to or greater than the default SCOs in Appendix C of this Part, the
				applicant may undertake a detailed site assessment as described in Section
				259.340
				of this Part to develop the information necessary to propose site-specific
				SCOs, using the equations in Section
				259.350(b)
				and (c)  of this Part. All site-specific
				cleanup objectives are subject to Board approval.
d) Nitrate or ammonium concentrations in
				soils proposed to remain in place at the conclusion of corrective actions shall
				not exceed the default SCOs in Appendix C of this Part, unless appropriate
				engineering barriers, in conjunction with necessary institutional controls, are
				approved as part of a corrective action plan.
e) The default SCOs for nitrate as N in
				Appendix C of this Part shall apply to unsaturated soil and soil/gravel
				mixtures of the site regardless of depth from land surface.
f) The default SCOs for ammonium in Appendix
				C of this Part shall apply to the upper 12 inches of the soil and any
				soil/gravel mixture within 12 inches of land surface.
g) If ammonium is present at concentrations
				greater than 100 mg/kg in unsaturated soil at depths greater than 12 inches
				below land surface, the applicant shall measure the cation exchange capacities
				(CEC) of at least 2 soil samples representative of the interval between 12
				inches and the maximum depth at which ammonium is present in each boring within
				the area of contaminated soil. The measured CEC shall be used in the equation
				in Section
				259.350(c)
				of this Part to calculate the soil cleanup objective for contaminated soil
				below a depth of 12 inches.
h)
				Appendix F of this Part includes a list of Illinois soils and approximate CECs
				that shall be used with the table of default SCOs in Appendix C to calculate
				the SCO for a specific site.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart B - SOIL AND GROUNDWATER CLEANUP OBJECTIVES › Section 259.240 - Groundwater Cleanup Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
a) The groundwater cleanup objectives for
				Class I and Class II groundwater are listed in Appendix D of this
				Part.
b) The applicant may use the
				Class II groundwater cleanup objectives in Appendix D of this Part to calculate
				a site-specific SCO using the equations in Section
				259.350
				of this Part, if adequately demonstrated, during an initial, final or detailed
				site assessment, that the uppermost 15 feet of groundwater underlying the
				contaminated area is classified as Class II groundwater. If this cannot be
				demonstrated, the Class I groundwater objective shall be used.
c) If groundwater samples from a facility
				contain pesticides for which groundwater cleanup objectives are not listed in
				Appendix C of this Part, the applicant should contact the Department for a
				determination of the groundwater objective.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart C - SITE ASSESSMENT › Section 259.320 - Initial Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				purpose of the initial site assessment is to develop an appropriate sampling
				and analysis plan based on the environmental conditions at the agrichemical
				facility. The specific objectives of the initial site assessment are to
				identify the following:
1) target
				pesticides,
2) locations of potable
				water supply wells,
3) the
				classification of the groundwater underlying the site,
4) soil and hydrogeologic conditions based on
				available information,
5) areas
				that may be locations of past agrichemical contamination, and
6) whether the facility is located within a
				delineated well head protection area, the minimum or designated maximum setback
				zone, or a regulated recharge area of a potable water supply well.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart C - SITE ASSESSMENT › Section 259.330 - Final Assessment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				purposes of the final assessment are to execute the sampling and analysis plan
				for the soil and/or groundwater at the site and determine the locations of the
				agrichemical concentrations that are:
1)
				greater than or equal to the RSDLs,
2) greater than or equal to the SCOs,
				and
3) below the RSDLs and
				SCOs.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart C - SITE ASSESSMENT › Section 259.340 - Detailed Assessment for Development of Site-Specific Soil Cleanup Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of the detailed assessment for site-specific SCOs
				  is to provide the information necessary for the calculation of site-specific
				  SCOs based on the site physical properties. The detailed assessment is optional
				  and is only required when an applicant proposes corrective actions based on
				  site-specific SCOs, instead of reliance on the default SCOs of Appendix B and
				  Appendix C of this Part.
a) To
				determine site-specific physical soil and hydrogeologic parameters, a minimum
				of one boring per 0.5 acre of contaminated soil area shall be collected. This
				boring shall be deep enough to allow the collection of the required field
				measurements. The soil taken from the borings shall be visually inspected to
				ensure there are no significant differences in the stratigraphy. If there are
				similar soil types, one boring may be used to determine the site-specific
				physical soil parameters. If there are significant differences, all of the
				borings shall be evaluated before determining the site-specific soil parameters
				for the site. The site-specific physical parameters shall be determined from
				the portion of the boring representing the stratigraphic units being evaluated.
				In general, two samples from the boring shall be required:
1) a sample of the predominant soil type in
				the unsaturated zone, and
2) a
				sample of the predominant geologic unit in the saturated zone.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart C - SITE ASSESSMENT › Section 259.350 - Equations for Calculating Site-Specific Soil Cleanup Objectives

Current through Register Vol. 48, No. 28, July 12, 2024
a) Site-specific
				soil cleanup objectives for pesticides are determined by the following
				equation:
Image
Where:
SCO
=
soil cleanup objective (mg/kg)
Cw
=
target soil leachate concentration (mg/L)
Koc
=
organic carbon partition coefficient (L/kg)
foc
=
organic carbon content of soil (kg/kg)
[THETA]w
=
water-filled soil porosity
							 (Lwater/Lsoil)
[THETA]a
=
air-filled soil porosity
							 (Lair/Lsoil)
H'
=
Henry's law constant (dimensionless)
[RHO]b
=
dry soil bulk density (kg/L)
References:
"Soil Screening Guidance: User's Guide", p. 29, eq.
				  10.
"Soil Screening Guidance: Technical Background Document", p.
				  37, eq. 24.
1) The target soil
				leachate concentration can be determined by the following equation:
Image
Where:
Cw
=
target soil leachate concentration (mg/L)
DF
=
groundwater dilution factor (dimensionless)
GWobj
=
groundwater cleanup objective (mg/L)
2)
				The dilution factor can be determined by the following equation:
Image
Where:
DF
=
groundwater dilution factor (unitless)
K
=
aquifer hydraulic conductivity (m/yr)
i
=
hydraulic gradient (m/m)
d
=
mixing zone depth (m)
R
=
groundwater recharge rate (m/yr)
L
=
length of contaminated soil parallel to groundwater
							 flow (m)
W
=
width of contaminated soil perpendicular to
							 groundwater flow (m)
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart D - APPLICATION FOR REVIEW AND APPROVAL OF CORRECTIVE ACTION PLANS › Section 259.410 - General

Current through Register Vol. 48, No. 28, July 12, 2024
An owner or operator who elects to participate in the
				  Agrichemical Facility Response Action Program shall submit corrective action
				  plans for review by the Department and final approval by the Board pursuant to
				  this Subpart.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart D - APPLICATION FOR REVIEW AND APPROVAL OF CORRECTIVE ACTION PLANS › Section 259.420 - Submittal

Current through Register Vol. 48, No. 28, July 12, 2024
The Agrichemical Facility Response Action Program application
				  shall be submitted to the Department on forms prescribed and provided by the
				  Department with attachments, plans, and reports, as necessary. The forms may be
				  copied or combined, but shall contain original signatures. The application
				  shall be mailed or hand-delivered to the address designated by the Department
				  on the forms. Corrective action plans shall be prepared and implemented by or
				  under the supervision of a licensed professional geologist, professional
				  engineer, or licensed industrial hygienist.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart D - APPLICATION FOR REVIEW AND APPROVAL OF CORRECTIVE ACTION PLANS › Section 259.430 - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
The application shall, at a minimum, contain the following
				  information:
a) the facility name,
				address and telephone number and the applicant's full legal name, address and
				telephone number, including any duly authorized agents of the applicant, any
				contact persons to whom correspondence shall be addressed, and the original
				signature of the applicant certifying the accuracy and completeness of the
				application;
b) the agrichemical
				facility site identification number, if any, and the approximate size of the
				site in acres, and copies of all Department and Agency permits and endorsements
				pertaining to the site that are currently held by the owner or
				operator;
c) the results of any
				environmental site assessment conducted pursuant to Subpart C of this Part;
				and
d) the corrective action plan,
				which shall include the following:
1) a
				description of the scope of the problems to be addressed by the proposed
				action, including the specific agrichemicals and the physical area to be
				addressed by the corrective action plan;
2) a statement of remediation objectives and
				a description of the method used to determine the remediation
				objectives;
3) a description and
				justification of the remediation methods selected and how each remediation
				method identified in the corrective action plan fits into the overall strategy
				for addressing the past agrichemical contamination, including but not limited
				to:
A) feasibility of implementation;
				and
B) whether the methods will
				perform satisfactorily and reliably until the remediation objectives are
				achieved;
4) the
				proposed schedule of cleanup activities;
5) a description of any proposed engineered
				barriers or institutional controls necessary to achieve the remediation
				objectives, including long-term reliability, operation and maintenance
				requirements. For remediation of soil contamination, engineered barriers, in
				conjunction with institutional controls, may be used. The engineered barrier
				covering the contaminated soil shall consist of either caps constructed of
				compacted clay, asphalt, concrete or other material approved by the Department
				or permanent structures such as buildings;
6) if technologies to remediate groundwater
				contamination are proposed, a description of post-remediation monitoring,
				including:
A) purpose,
B) locations,
C) frequency, and
D) contingencies in the event of an
				exceedence of applicable groundwater quality standards or health advisory
				levels;
7) references
				and other informational sources included as appendices.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart D - APPLICATION FOR REVIEW AND APPROVAL OF CORRECTIVE ACTION PLANS › Section 259.440 - Department and Board Review

Current through Register Vol. 48, No. 28, July 12, 2024
The Department and Board will jointly review corrective
				  action plans in accordance with this Section. The Board has the authority to
				  approve or deny the Department's recommendation regarding the application for
				  corrective actions.
a) For those
				corrective action plans that do not involve remediation of Class I or Class III
				groundwater, the Board and Department shall respond to the applicant within 90
				days after receipt of an application. The Department will have 45 days from the
				receipt of an application to review and make a recommendation to the
				Board.
b) For those corrective
				action plans that involve remediation of Class I or Class III groundwater, the
				Board and Department shall respond to the applicant within 120 days after
				receipt of an application. The Department will have 75 days after the receipt
				of an application to review and make a recommendation to the Board.
c) The Department's record of the date of
				receipt of an application shall be deemed conclusive unless a contrary date is
				proved by a dated, signed receipt from the Department.
d) The Department shall notify the applicant
				in writing if the application or corrective action plan is
				incomplete.
e) Reasons for denial
				of an application include, but are not limited to, the following:
1) the application is incomplete,
2) the site does not meet the applicable
				requirements set forth in this Part, or
3) the proposed corrective actions will not
				attain the appropriate RSDL or SCO.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart D - APPLICATION FOR REVIEW AND APPROVAL OF CORRECTIVE ACTION PLANS › Section 259.450 - Agency Notification and Review

Current through Register Vol. 48, No. 28, July 12, 2024
The Department shall provide notice to the Agency when the
				  results of any environmental site assessment indicate that agrichemical
				  concentrations in Class I or Class III groundwater exceed any concentration
				  level adopted as a standard pursuant to the Illinois Groundwater Protection Act
				  or a health advisory level established by the Agency or the U.S. Environmental
				  Protection Agency. If agrichemical contamination in Class I or Class III
				  groundwater exceeds a groundwater quality standard or health advisory level, an
				  applicant may elect to participate in the Agrichemical Facility Response Action
				  Program. In these instances, the scope of the corrective action plans
				  developed, approved and completed under the Program shall be limited to the
				  soil agrichemical contamination at the site unless implementation of the plan
				  is coordinated, pursuant to Section 19.3(f) of the Act, as follows:
a) Upon receipt of an application for
				approval of corrective action plans that include remediation of contaminated
				Class I or Class III groundwater, the Department shall notify the Agency and
				coordinate a joint review of the plan with the Agency.
b) The Agency may provide a written
				endorsement of the corrective action plan.
c) The Agency may approve a groundwater
				management zone for a period of 5 years after implementation of the corrective
				action plan to allow for groundwater impairment mitigation results.
d) The Department, in cooperation with the
				Agency, shall recommend a proposed corrective action plan to the Board for
				final approval to proceed with groundwater remediation. The Agency shall have
				60 days after the date of the notice by the Department to recommend approval,
				denial, or modification.
e) The
				Department, in cooperation with the Agency, shall provide remedial project
				oversight, monitor remedial work progress, and report to the Board on the
				status of the remediation project.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart E - NOTICE OF CLOSURE AND RECORDING REQUIREMENTS › Section 259.510 - General

Current through Register Vol. 48, No. 28, July 12, 2024
This Section provides for the issuance of a Notice of Closure
				  following the satisfactory completion of corrective actions and submittal of a
				  corrective action report.
a) Upon
				completion of the activities described in the approved corrective action plan,
				the owner or operator shall submit a corrective action report to the
				Department. The report must provide adequate evidence to demonstrate that the
				actions were completed in accordance with the approved plan and that the
				cleanup objectives have been attained.
b) The corrective action report shall provide
				the following:
1) certification, by the
				facility owner and by the licensed professional geologist, professional
				engineer or licensed industrial hygienist who conducted the site assessments
				and supervised implementation of the corrective action plan, that all
				components of the approved corrective action plan were fully
				implemented;
2) facility site maps,
				at a scale no larger than 1 inch equal to 200 feet, of sufficient detail and
				accuracy to show all of the following:
A) the
				boundaries of the facility;
B) any
				areas of the site from which agrichemical contaminated soils were
				removed;
C) any areas of the site
				on which an engineered barrier was installed; and
D) the map scale (graphic and nominal), north
				arrow, date, name and address of preparer, and location of the site with
				respect to section, township, range, and principal meridian;
3) a list of the agrichemicals
				that were included in the soil or groundwater remediation activities;
4) documentation of the volume of soil
				removed from the site and how the contaminated soil was disposed of;
5) as-built drawings of any engineered
				barriers constructed to achieve the approved remediation objectives;
6) copies of any documents describing
				institutional controls accompanying engineered barriers;
7) if groundwater remediation activities were
				conducted, copies of all analytical results of groundwater monitoring to
				demonstrate that the approved groundwater cleanup objectives were attained;
				and
8) the results of a final
				inspection by representatives of the Department or Board.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart E - NOTICE OF CLOSURE AND RECORDING REQUIREMENTS › Section 259.520 - Issuance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board shall
				submit its recommendation on approval of a corrective action report within 30
				days after receipt of the report from the Department.
b) The Department shall issue the Notice of
				Closure to the applicant within 15 days after the Board's recommendation for
				approval of a corrective action report.
c) The Department shall mail the Notice of
				Closure by registered or certified mail, post-marked with a date stamp and with
				return receipt requested.
d) Final
				action shall be deemed to have taken place on the date that the notice is
				postmarked.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart E - NOTICE OF CLOSURE AND RECORDING REQUIREMENTS › Section 259.530 - Contents

Current through Register Vol. 48, No. 28, July 12, 2024
A Notice of Closure shall state that cleanup objectives for
				  the site have been met and no further remedial action is required to remedy the
				  past agrichemical contamination, pursuant to Section 19.3 of the Act, and
				  include the following:
a) an
				acknowledgment that the requirements of the corrective action plan were
				satisfied;
b) a copy of the
				corrective action report submitted pursuant to Section
				259.510 of this
				Part;
c) a statement that the
				issuance of the Notice of Closure signifies a release from further
				responsibilities under the Act;
d)
				if the remediation site includes a portion of a larger parcel of property or if
				the applicant has elected to limit either the area of soil or groundwater or
				the agrichemicals to be remediated, or both, the Notice of Closure shall be
				limited accordingly by its terms;
e) the prohibition against the use of any
				remediation site in a manner inconsistent with any institutional limitations
				without additional appropriate remedial activities;
f) a description of any preventive,
				engineering, and institutional controls required in the approved corrective
				action plan and notification that failure to manage the controls in full
				compliance with the terms of the corrective action plan may result in voidance
				of the Notice of Closure;
g) the
				recording obligations and opportunity to request a change in any institutional
				controls pursuant to this Part; and
h) if groundwater conditions were addressed
				during the site assessment or corrective action, the Agency and the Department
				may choose to include conditional requirements in accordance with the Illinois
				Groundwater Protection Act [415 ILCS 55 ] or the Groundwater Quality Standards
				(35 Ill. Adm. Code 620).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart E - NOTICE OF CLOSURE AND RECORDING REQUIREMENTS › Section 259.540 - Duty to Record

Current through Register Vol. 48, No. 28, July 12, 2024
The applicant shall record the Notice of Closure with the
				  Office of Recorder or the Registrar of Titles of the county within which the
				  site is located within 30 days after receipt of the Notice of Closure. In
				  addition, proof of recording of a closure report and Notice of Closure shall be
				  submitted to the Department within 30 days after filing. Failure to provide
				  proof of recording may lead to voidance of a Notice of
				  Closure.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 259 - AGRICHEMICAL FACILITY RESPONSE ACTION PROGRAM › Subpart E - NOTICE OF CLOSURE AND RECORDING REQUIREMENTS › Section 259.550 - Voidance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Board may
				void a Notice of Closure for:
1) violation of
				any applicable institutional controls or land use restrictions;
2) failure of the owner, operator, or any
				subsequent transferee to maintain any approved engineering barriers or
				institutional controls;
3)
				disturbance or removal of contaminated soil that has been left in place in
				accordance with the corrective action plan;
4) failure to comply with the recording
				requirements of this Part;
5)
				obtaining the Notice of Closure by fraud or misrepresentation; and
6) subsequent discovery of agrichemicals not
				identified as part of the investigative or remedial activities upon which the
				issuance of the Notice of Closure was based.