Section 255.40  Registration

a)         All agrichemical facilities and non-commercial agrichemical facilities existing on January 1, 1990 shall register with the Department of Agriculture (Department) within 90 days after that date (the "adoption date").

b)         Facility registration pursuant to this Section shall be accomplished on forms to be provided by the Department.  In completing such registration, the facility owner or operator shall provide notification as to each of the following conditions that exist at the facility:

1)         The facility holds a currently valid permit issued by the Illinois Environmental Protection Agency, Division of Water Pollution Control, for operational area containment structures (35 Ill. Adm. Code: Subtitle C), or operational area containment structures exist that provide for the containment and recovery of operational activity spillage from mixing, loading and equipment washing.

2)         Secondary containment, for all non-mobile liquid fertilizer containers of volume less than 100,000 gallons or all non-mobile pesticide containers that exist, which provides capacity for at least 100% of the volume of the largest container within the containment area, and which provides for the containment and recovery of spillage or leakage from the containers in the containment area.

3)         The conditions described in both subsections (b)(1) and (2) of this Section do not exist, and the facility is an agrichemical facility.

4)         The facility contains at least one liquid fertilizer storage tank with capacity in excess of 100,000 gallons.

5)         The facility conducts dry bulk fertilizer storage operations.

6)         The facility conducts dry bulk fertilizer blending operations.

7)         The facility is a non-commercial agrichemical facility.

c)         The Department shall review completed facility registration forms within 180 days after the 1990 adoption date.  The Department shall notify the registrant in writing that the facility registration under subsection (b) was incomplete or inappropriate for the subject facility.  In the event of such notification, the Department shall inform the registrant of the additional information required to complete the facility registration or of the appropriate facility registration subsections for the facility, and the facility shall comply with the corresponding compliance schedule under Section 255.50.

(Source:  Amended at 26 Ill. Reg. 10386, effective July 1, 2002)