Section 255.30  Scope and Application

a)         Any new agrichemical facility or new non-commercial agrichemical facility shall be in compliance with all of this Part, except for the provisions of Section 255.180, before the commencement of any operational activities or any storage or use of agrichemicals. Any new on-farm storage facility shall be in compliance with Section 255.180 of this Part before the commencement of any storage or use of agrichemicals.

b)         All other agrichemical facilities and non-commercial agrichemical facilities shall achieve compliance with this Part in accordance with Section 255.40 and Section 255.50. All other on-farm storage facilities shall achieve compliance with the applicable provisions of this Part in accordance with Section 255.180.

c)         An agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility needs only to comply with this Part when agrichemicals are handled in quantities exceeding the thresholds included in the definitions of "agrichemical facility", "non-commercial agrichemical facility" and "on-farm storage facility".

d)         This Part does not apply to the field mixing of agrichemicals for either commercial or non-commercial application.

e)         This Part does not apply to temporary loading sites remote from the field of actual application for aerial applicators, except for Section 255.110(e).

f)         An agrichemical facility permit issued to an agrichemical facility or non-commercial agrichemical facility prior to July 1, 2002 shall remain in effect until its normal expiration date.  All permits issued or renewed by the Department after the effective date of the 2002 amendments to this Part shall be issued as an agrichemical containment permit.

g)         In the case of a pesticide manufacturing facility, this Part shall apply only to the portions of the pesticide manufacturing facility engaged in the manufacture or production of agricultural use pesticides.  For the purposes of this Section, an agricultural use pesticide shall mean a pesticide registered for use in the normal production of an agricultural commodity.

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