Section 259.140  Definitions

Except as stated in this Section, or unless a different meaning of a word or term is clear from the context, the definition of the words or terms in this Part shall be the same as that applied to the same words or terms in the Act.

"Act" means the Illinois Pesticide Act [415 ILCS 60].

"Agency" means the Illinois Environmental Protection Agency.

"Agrichemical" means pesticides or commercial fertilizers at an agrichemical facility.  [415 ILCS 60/19.3]

"Agrichemical facility" means a site where agricultural agrichemicals are stored or handled, or both, in preparation for end use.  The term does not include basic manufacturing facility sites or central distribution sites utilized only for wholesale purposes.  [415 ILCS 60/19.3]

"Agrichemical Facility Response Action Program" or "Program" means a voluntary environmental remediation program as set forth in Section 19.3 of the Act.

"Applicant" means an owner, operator or duly authorized agent of an agrichemical facility submitting a request for approval of a corrective action plan.

"Board" or "Agrichemical Facility Response Action Program Board" means the board set forth in Section 19.3 of the Act.

"Class I groundwater" means potable resource groundwater as described in 35 Ill. Adm. Code 620.210.

"Class II groundwater" means general resource groundwater as described in 35 Ill. Adm. Code 620.220.

"Class III groundwater" means special resource groundwater as described in 35 Ill. Adm. Code 620.230.

"Commercial fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content or that is designated for use or claimed to have value in promoting plant growth, including, but not limited to, nitrogen-containing compounds.

"Department" means the Illinois Department of Agriculture.

"Detection" means the identification of any agrichemical residue in a sample at a value equal to or greater than the:

"Method Detection Limit" or "MDL", which means the minimum concentration of a substance that can be measured as reported with 99% percent confidence that the true value is greater than zero, pursuant to 40 CFR 136, Appendix B (1997); or

"Method Quantitation Limit" or  "MQL", which means the minimum concentration of a substance that can be measured and reported pursuant to "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods, SW-846" or  "Methods for the Determination of Organic Compounds in Drinking Water, Supplement III of 1995".

"Duly authorized agent" means a person who is authorized by written consent or by law to act on behalf of an owner or operator including, but not limited to:  for corporations, a principal executive officer of at least the level of vice president; or, for a sole proprietorship or partnership, the proprietor or a general partner.

"Groundwater" means groundwater as defined in Section 3 of the Illinois Groundwater Protection Act [415 ILCS 55/3].

"Groundwater quality standards" means the standards for groundwater set forth in 35 Ill. Adm. Code 620.

"Health advisory level" means a human threshold toxicant advisory concentration, as set forth in 35 Ill. Adm. Code 620, Subpart F.

"Licensed professional geologist" means a person who has a current license pursuant to the Professional Geologist Licensing Act of 1996 [225 ILCS 745].

"Licensed industrial hygienist" means a person who has a current license pursuant to the Industrial Hygienists Licensing Act of 1993 [225 ILCS 52].

"Notice of closure" means a written statement issued by the Department indicating that no further action is required to remedy the past agrichemical contamination at an agrichemical facility.

"Operator" means the person responsible for the operation and maintenance of an agrichemical facility.

"Owner" means the person who holds legal interest, liability or claim to the real property of an agrichemical facility.

"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant [415 ILCS 60/4.29].

"Professional engineer" means a person who has a current license pursuant to the Professional Engineering Practice Act of 1989 [225 ILCS 325].

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of agrichemicals into the environment, but excludes application of agrichemicals at agronomic rates under regulations established by the Department in accordance with the Act.

"Remediation suitability determination level" or "RSDL" means the concentration of a  pesticide residue in soil that represents a level below which the Department considers the remediation media to be suitable for land application  pursuant to 8 Ill. Adm. Code 258.

"Soil cleanup objective" or "SCO" means the concentration of any agrichemical in soil below which there is a minimal risk that the agrichemical will move from soil to groundwater and cause an exceedence of a Class I, Class II or Class III groundwater quality standard or a health advisory level.

"Target pesticide" means any pesticide that can reasonably be expected by persons conducting a site assessment to be present at an agrichemical facility on the basis of past and current storage or mixing and loading of the pesticide at the site.

(Source:  Amended at 32 Ill. Reg. 1308, effective January 21, 2008)