Current through Register Vol. 48, No. 12, March 22, 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.
b) No applicant shall stockpile
groundwater at the application area.
c) No applicant shall stockpile contaminated
soil at the application area for more than 30 calendar days without prior
approval of the Department.
d)
Stockpiles of contaminated soil at the application area must be located in such
a manner that agrichemical migration, due to surface water, into setbacks
established under subsection (a) of this Section and potential agrichemical
migration to surface water or groundwater is prevented.
e) No applicant shall land apply contaminated
soil or groundwater at rates in excess of pesticide label rates or generally
accepted agronomic fertilizer application rates, as specified below. The
most-limiting application rate shall govern the land application of
contaminated soil or groundwater.
1) If a
pesticide that is not labeled for use with the specific crop to be grown on a
land application area is present in contaminated soil or groundwater with other
pesticides that are labeled for use with the proposed crop, consideration must
be given to any potential phytotoxic effects that could arise from the proposed
land application to the crop to be grown when developing a proposed application
rate. In such instances, the application rate of the non-labeled pesticide must
not exceed 10 percent of its most limited label rate for use on other
agricultural crops.
2) If more than
one pesticide from a family of pesticides is present in the contaminated soil
or groundwater, or when additive effects of the pesticides may be possible,
consideration must be given to possible phytotoxic effects resulting from a
contaminated soil or groundwater application rate based only on the single
highest concentration present, and the proposed application rate must be
reduced below such potential phytotoxic application rates.
3) If more than one pesticide is present in
the contaminated soil or groundwater, consideration must be given to
commercially available blends that contain those pesticides and the labeled
rate of application associated with those commercially available blends. In
such cases, the application rate of the contaminated soil or groundwater must
be not greater than the labeled application rate of the commercially available
blend.
4) If fertilizer containing
nitrogen or phosphorus is present in the contaminated soil or groundwater, the
land application rate must not exceed the most limiting of either the nutrient
application rate or the pesticide label rate, whichever is more restrictive.
Nitrogen and phosphorus application rates must be based upon the agronomic
rates for the crop or commodity to be grown as contained in the Illinois
Agronomy Handbook, incorporated by reference in Section
258.40.
f) In addition to the other
provisions of this Part, applications of contaminated soil or groundwater on
farmland currently enrolled in the Conservation Reserve Program shall only be
allowed when the application includes a written statement from a representative
of the United States Department of Agriculture - Natural Resource Conservation
Service of the county where the proposed land application area is located that
the proposed activity will not adversely affect the program status of the land
application area.