Section 258.30  Definitions

Definitions for this Part can be located in Section 4 and Section 19 of the Illinois Pesticide Act [415 ILCS 60/4 and 19].  The following definitions shall also apply to this Part:

"Agrichemical" means pesticides or commercial fertilizers at an agrichemical facility, in transit from an agrichemical facility to the field of application, or at the field of application.

"Applicant" means an owner, operator or designated officer of an agrichemical facility who requests  a Written Authorization for Land Application.

"Authorization" means a Written Authorization for Land Application.

"Commercial Fertilizer" is defined in 505 ILCS 80/3.  For the purposes of this Part, commercial fertilizer also includes custom mixes as defined in 505 ILCS 80/3.

"Cropland" means land used for the agricultural production of plants and plant part commodities.

"Department" means the Illinois Department of Agriculture.

"Family of Pesticides" means a group of structurally similar  compounds that exhibit common biochemical actions.

"Farmland" means lands utilized for agricultural purposes, including both areas used for cropland and areas used for field access lanes.

"Field Access Lane" means a private road utilized for admittance by vehicles of husbandry to cropland, but does not include private roads that provide primary access to a structure being used for human habitation.

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

"Incorporation" means mixing into the soil at a land application area.

"Label" means the written, printed graphic matter on or attached to the pesticide or device or any of its containers or wrappings.  [415 ILCS 60/4]

"Land Application" means the environmental treatment of contaminated soil or groundwater  by incorporation into  farmland soils.

"Land Application Area" means the farmland upon which contaminated soil or groundwater is or will be applied.

"Pesticide" means any substance or mixture of substances intended for preventing, 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].

"Regulated Recharge Area" means a compact geographic area, as determined by the Pollution Control Board pursuant to Section 17.4 of the Environmental Protection Act [415 ILCS 5/17.4], the geology of which renders a potable resource groundwater particularly susceptible to contamination [415 ILCS 5/3.67].

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of pesticides into the environment, but excludes application of pesticides at agronomic rates under regulations established by the Department in accordance with the Illinois Pesticide Act [415 ILCS 60].

"Remediation Suitability Determination Level" or "RSDL" means the concentration of a pesticide residue in soil or groundwater that represents a level below which the Department considers the contaminated soil or groundwater to be suitable for land application.

"Setback Zone" means a geographic area, designated pursuant to the Environmental Protection Act, containing a potable water supply well or a potential source or potential route having a continuous boundary, and within which certain prohibitions or regulations are applicable in order to protect groundwaters [415 ILCS 5/3.61].

"Sinkhole" means any natural depression formed as a result of subsurface removal of soil or rock materials causing the formation of a collapse feature that exhibits internal drainage.  The existence of a sinkhole shall be indicated by the uppermost closed depression contour lines on the USGS 7½ minute quadrangle topographic maps or as determined by field investigations.

"Soil", for the purposes of this Part, means the unconsolidated earth materials present at a spill site, including natural soils, gravel and soil/gravel mixtures.

"Spill Site" means the land area at which a pesticide or commercial fertilizer was released.

"Stockpile" means the storage, temporary storage, or containment of contaminated soil or groundwater  in such a manner as not to constitute final disposal or land application.

"Written Authorization for Land Application" means a written statement issued by the Department granting approval for the land application of contaminated soil or groundwater to farmland in accordance with the provisions of this Part.

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