Section 258.70  Operational Control Practices, Limitations and Restrictions

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.

(Source:  Amended at 26 Ill. Reg. 17155, effective November 18, 2002)