Current through Register Vol. 48, No. 38, September 20, 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.
d) Liquid
Fertilizer and Pesticide Containment Structures and Systems: Secondary
containment structures and systems at on-farm storage facilities shall provide
the following capacity:
1) When not protected
from receiving precipitation, the containment shall have a minimum containment
volume of a 6-inch rain storm (a 25 year, 24 hour rain), the capacity of the
largest tank, and the volume displaced by the bases of the other tanks located
within the secondary containment structure.
2) When protected from receiving
precipitation, the containment shall have a minimum containment volume of 100%
of the capacity of the largest tank, plus the volume displaced by the bases of
the other tanks located within the secondary containment structure.
e) Containment structural
materials and integrity shall provide secondary containment that meets or
exceeds the requirement of this Section. Materials shall be compatible with the
agrichemical to be contained.
1) General
requirements include:
A) Clay, natural soil
clay mixtures or clay/bentonite mixtures shall not be used to contain any
pesticide.
B) Secondary containment
for liquid agrichemical storage at facility sites should provide for separation
between bulk pesticides and bulk fertilizer to the extent that a common wall or
curbing between the fertilizer area and the pesticide area shall provide for
the interception and recovery, including clean up of pesticide spills, while
the entire secondary containment area shall meet or exceed the total capacity
requirement specified in this Section.
C) The secondary containment structure shall
be constructed to a water permeability rate of not greater than 1 x
10-6 centimeters per second and maintained so that
liquid movement through the walls and base does not exceed a rate of 1 x
10-5 centimeters per second permeability rate. The
secondary containment structure shall be designed and maintained to withstand a
full hydrostatic head of any contained liquid. The containment area shall not
be equipped with a permanent pump unless the pump has only a manual mode of
operation.
D) The secondary
containment structure shall not have a discharge outlet or gravity drain
through the wall or floor.
E)
Synthetic materials or liners may be used with secondary containment structures
provided they are compatible with agrichemicals being contained and are
installed according to the manufacturer's written directions and repaired and
maintained according to the manufacturer's recommendations. These directions
and recommendations shall become records maintained at the facility
site.
2) Walls: The
walls of secondary containment structures shall meet each of the following
criteria:
A) Walls shall be constructed of
materials, including, but not limited to, steel, reinforced concrete, solid
masonry, or compatible synthetic materials or synthetic liners as authorized in
this Section.
B) No piping shall be
installed through the wall except for interconnections between multiple
secondary containment structures authorized in this Section.
C) Multiple basins connected to provide the
containment capacity as set forth in this Section shall be connected in a
manner that assures an unrestricted transfer of discharged liquid between
basins.
D) Earthen walls used for
secondary containment of fertilizer shall be protected against erosion (e.g.,
sodded or seeded). Side slopes shall not exceed a 3 to 1 ratio of horizontal to
vertical. The top width of earthen walls shall not be less than 21/2
feet.
E) Provisions shall be made
for safe and emergency access and exit to and from the secondary containment
structures.
3) Floor:
The base of a secondary containment structure shall be lined with materials,
including, but not limited to, reinforced concrete, steel, or compatible
synthetic liner or synthetic materials as authorized in this Section, and the
floor shall meet each of the following criteria:
A) Floors shall be constructed to allow the
safe and expeditious removal of precipitation water and any spilled material in
a manner that does not disrupt the ability of the containment structure to
prevent the movement of liquid as required in this Section (e.g., sloped to a
collection sump well).
B) Liners
used for secondary containment of fertilizer may be constructed of suitable
soil or of soil treated with bentonite clay or other comparable material, with
a minimum depth of 12 inches, provided the other floor requirements as stated
in this Section are met. The liner shall be covered by a soil or smooth
aggregate layer not less than 6 inches thick and shall be maintained to prevent
cracking or puncture.
4)
Prefabricated Facilities: A prefabricated secondary containment structure shall
be composed of a rigid prefabricated basin having both a base and walls
constructed of steel, reinforced concrete or synthetic liner or synthetic
materials that are resistant to corrosion, puncture or cracking. A written
confirmation of compatibility and a written estimate of life expectancy from
the basin manufacturer shall be kept on file at the facility. Multiple basins
connected to provide the capacity required in this Section shall be connected
in a manner that assures an unrestricted transfer of discharged liquid between
basins.
5) Drainage and Basin
Facility: A drainage and basin facility diverts uncontaminated storm water
drainage and provides secondary containment in accordance with this Section.
The curb, base and drainage path shall be at least 12 inches thick and shall be
constructed in lifts not to exceed 6 inches in thickness. Persons wishing to
use a drainage and basin facility should consider the overall facility plan,
topography, subsoil type, water table location, and surface water drainage
patterns.
f) Tank
Anchoring: Non-mobile agrichemical storage containers shall be anchored or
placed on a raised area if necessary to prevent flotation or instability in the
event of agrichemical discharge into the secondary containment
structure.
g) Storage containers
and appurtenances shall be constructed, installed, and maintained so as to
prevent the discharge of liquid agrichemicals and shall meet each of the
following criteria:
1) The materials used in
construction shall be resistant to corrosion, puncture, or cracking and shall
be compatible with the agrichemical being stored.
2) The materials used in construction and
repair may not be of a type that reacts chemically or electrolytically with
stored agrichemicals in a way that may weaken the storage container or
appurtenances.
3) The metals used
for valves, fittings, and storage container repair on metal containers shall be
compatible with the metals used in the construction of the container so that
the combination of metals does not cause or increase corrosion that may weaken
the container or its appurtenances.
4) Containers and appurtenances shall be
designed to handle operating stresses, taking into account hydrostatic head,
pressure buildup from pumps and compressors, and any other foreseeable
mechanical stresses to which the containers and appurtenances may be
subject.
h) Security:
When persons responsible for an on-farm storage facility are not present at the
facility, the valves on non-mobile agrichemical storage containers, including
sight gauge valves, shall be locked in the closed position or otherwise secured
to prevent discharge. External site gauges shall not be used with bulk
pesticide storage containers.
i)
Accumulated precipitation in the secondary containment structure shall never
exceed a level that would impair the holding capacity of the secondary
containment. Such precipitation accumulation should be removed from the
secondary containment system after each storm.
1) Precipitation accumulation containing
agrichemicals shall be used as provided in Section
255.110(e)
or disposed of as provided in Section
255.110(g).
2) Precipitation accumulation from
containment structures shall not be discharged from the containment area as
surface runoff, except when the following conditions are met:
A) The containment structures have been
previously cleaned and rinsed of agrichemicals. Proper cleaning of the
structure should include removal of all contained material and the proper
washing and rinsing of the structure. Washing should include the use of a
biodegradable detergent, triple rinsing with water under high pressure, and the
removal of all standing fluids from the containment structure.
B) The discharge shall not cause water
quality violations pursuant to 35 Ill. Adm. Code, Subtitle C, or a pesticide
release pursuant to the Environmental Protection Act [415 ILCS 5 ].