Current through Register Vol. 48, No. 12, March 22, 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.
b) Facilities
that were required to conduct monitoring during the active life of the site
shall sample annually for a period of two years subsequent to closure or
discontinuance of operations. The closure monitoring requirement may be
modified if it is determined by the Department that the monitoring is not
required or an alternate monitoring schedule is more appropriate.
c) In making such determinations the
Department shall consider:
1) the operating
history of the site relevant to citations for violations of applicable
regulations;
2) the number and
severity of pesticide and fertilizer spill(s) that have occurred at the
site;
3) the results of active-life
monitoring conducted by the facility; and
4) the degree of remediation and contaminant
source removal carried out by the facility prior to closure.
d) The Department shall coordinate
such determination with the Agency for community and non-community water supply
wells by notifying the Agency of the recommended action and providing a 60-day
review period. The Agency may provide a written response regarding the adequacy
of the determination. When such written response is provided, concurrence from
the Agency shall be obtained by the Department for the final action to be
taken.
e) The owner or operator
shall conduct monitoring in a manner consistent with the active life
requirements for a facility except that all monitoring results shall be
submitted to the Department.
f) The
completion of closure activities shall be certified as follows:
1) Agrichemical facilities and central
distribution facilities: Within 60 days after the completion of the closure
activities the owner or operator of the agrichemical facility shall submit, by
registered or certified mail, a certification that all closure requirements
have been met. The certification must be signed by the owner or operator and an
Illinois registered professional engineer. The Department may accept a
certification signed by an authorized qualified person other than a registered
professional engineer provided documentation is furnished which indicates that
person has the knowledge and professional experience to determine that all
closure requirements have been satisfied.
2) Lawncare facilities: Within 60 days after
the completion of the closure activities the owner or operator of the lawncare
facility shall certify and notify the Department of Agriculture in writing that
all of the prescribed closure requirements have been met.
3) Other facilities: Within 60 days after the
completion of the closure activities, the owner or operator of the facility
shall certify and notify the Department in writing that all of the prescribed
closure requirements have been met.