Section 257.100  Closure and Discontinuance of Operations

Facilities subject to this Part shall complete the following activities at the time of closure or discontinuance of operations:

a)         All products and waste materials containing pesticide or fertilizer chemicals shall be removed from the premises in the following manner:

1)         For agrichemical facilities, agrichemical products, rinsates, wash waters, contaminated soils and other materials containing agrichemicals, and all agrichemical containers shall be removed from the agrichemical facility site and disposed of or utilized in a legally acceptable manner.

2)         For lawncare facilities, lawncare products, rinsates, wash waters, contaminated soils and other materials containing lawncare chemicals, and all lawncare containers shall be removed from the lawncare facility and disposed of or utilized in a legally acceptable manner.

3)         For central distribution facilities, the owner or operator shall remove all pesticide and fertilizer product from the central distribution facility, and shall remove or decontaminate all residues, contaminated containment system components, contaminated soils, structures and equipment.

4)         For other facilities, the owner or operator of the facility shall remove all pesticide and fertilizer products from the site and shall remove or decontaminate all residues, contaminated containment system components, contaminated soils, structures and equipment.

b)         Facilities that were required to conduct monitoring during the active life of the site shall sample annually for a period of two years subsequent to closure or discontinuance of operations.  The closure monitoring requirement may be modified if it is determined by the Department that the monitoring is not required or an alternate monitoring schedule is more appropriate.

c)         In making such determinations the Department shall consider:

1)         the operating history of the site relevant to citations for violations of applicable regulations;

2)         the number and severity of pesticide and fertilizer spill(s) that have occurred at the site;

3)         the results of active-life monitoring conducted by the facility; and

4)         the degree of remediation and contaminant source removal carried out by the facility prior to closure.

d)         The Department shall coordinate such determination with the Agency for community and non-community water supply wells by notifying the Agency of the recommended action and providing a 60-day review period.  The Agency may provide a written response regarding the adequacy of the determination.  When such written response is provided, concurrence from the Agency shall be obtained by the Department for the final action to be taken.

e)         The owner or operator shall conduct monitoring in a manner consistent with the active life requirements for a facility except that all monitoring results shall be submitted to the Department.

f)         The completion of closure activities shall be certified as follows:

1)         Agrichemical facilities and central distribution facilities:  Within 60 days after the completion of the closure activities the owner or operator of the agrichemical facility shall submit, by registered or certified mail, a certification that all closure requirements have been met.  The certification must be signed by the owner or operator and an Illinois registered professional engineer.  The Department may accept a certification signed by an authorized qualified person other than a registered professional engineer provided documentation is furnished which indicates that person has the knowledge and professional experience to determine that all closure requirements have been satisfied.

2)         Lawncare facilities:  Within 60 days after the completion of the closure activities the owner or operator of the lawncare facility shall certify and notify the Department of Agriculture in writing that all of the prescribed closure requirements have been met.

3)         Other facilities:  Within 60 days after the completion of the closure activities, the owner or operator of the facility shall certify and notify the Department in writing that all of the prescribed closure requirements have been met.