Section 255.10  Definitions

Definitions for this Part can be located in Section 3 of the Illinois Fertilizer Act of 1961 [505 ILCS 80/3] and Section 4 of the Illinois Pesticide Act [415 ILCS 60/4].  The following definitions shall also apply to this Part:

            "Agrichemicals" means pesticides or commercial fertilizers, at an agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility, but does not include anhydrous ammonia fertilizer material.

            "Agrichemical facility" means a site used for commercial purposes, where bulk pesticides are stored in a single container in excess of 300 gallons of liquid pesticide or 300 pounds of dry pesticide for more than 30 days per year or where more than 300 gallons of liquid pesticide or 300 pounds of dry pesticide are being mixed, repackaged or transferred from one container to another within a 30-day period or a site where bulk fertilizers are stored, mixed, repackaged or transferred from one container to another.

            "Alterations" means permanent changes in activities or processes at an agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility, or changes in stored and handled product mix that do not modify the efficiency of containment structures or systems.

            "Commercial" means buying and selling agrichemicals and agrichemical services for compensation.

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

            "Load or loading" means the transfer of formulated pesticide, at agrichemical facilities or non-commercial agrichemical facilities, from facility storage to application equipment, resulting in use dilutions; or the transfer of bulk pesticides to field nursing transportation equipment; or the transfer of liquid fertilizer or dry fertilizer at facilities from facility storage to application equipment and field nursing transportation equipment.

            "Mini-bulk container" means a portable container that is designed for transportation and has a capacity of not less than 100 gallons nor more than 660 gallons.

            "Modification" means changes in structures, processes or activities at an agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility, that alter the efficiency of containment structures or systems, i.e., changes in capacity.

            "New" means an agrichemical facility, non-commercial agrichemical facility, or on-farm storage facility, not in existence at the time of adoption of this Part or that undergoes modification where the fixed capital cost of construction exceeds 50% of the fixed capital cost of a comparable entirely new facility and such modification occurs within a two-year period.

            "Non-commercial agrichemical facility" means a site, including the land and structures and equipment fixed thereon, designed and used for each of the following activities:

            storing pesticides or fertilizer for more than 45 consecutive days in a single container holding in excess of:

            300 gallons bulk liquid pesticides; or

            300 pounds bulk dry pesticides; or

            5000 gallons bulk liquid commercial fertilizer; or

            50,000 pounds bulk dry commercial fertilizer.

            loading and mixing, including bulk repackaging, of pesticides or fertilizer at a permanent site for more than a 45 day period in quantities in excess of:

            300 gallons bulk liquid pesticides; or

            300 pounds bulk dry pesticides; or

            5000 gallons bulk liquid commercial fertilizer; or

            50,000 pounds bulk dry commercial fertilizer.

            the non-commercial application of pesticides or fertilizer.

            "Non-mobile" means not readily capable of moving or being moved from place to place.

            "On-farm storage facility" means a permanent site, including the land and structures and equipment fixed thereon, that:

            is designed and used for the non-commercial storage of pesticides or fertilizers for more than 45 consecutive days in a single, non-mobile container holding in excess of:

            300 gallons bulk liquid pesticides; or

            300 pounds bulk dry pesticides; or

            5,000 gallons bulk liquid fertilizer; or

            50,000 pounds bulk dry commercial fertilizer;

            is not used for commercial purposes; and

            is not a "non-commercial agrichemical facility".

            "Operational activity" means loading, unloading, and mixing of agrichemicals and/or the cleaning of transportation or application equipment at agrichemical facilities or non-commercial agrichemical facilities.

            "Operational area" means an area or areas at the agrichemical facility or non-commercial agrichemical facility where agrichemicals are loaded, unloaded, mixed, repackaged, or where agrichemicals are cleaned and washed from application, storage or transportation equipment.

            "Operational area containment structure or system" means any structure or system used to intercept, prevent runoff or leaching, and contain spills and residues containing agrichemicals from operational activities such as loading, unloading, mixing, and equipment washing and rinsing.

            "Reportable agrichemical spill" means an uncontrolled release outside an operational area containment or secondary containment structure involving more than 25 gallons of unrecovered liquid fertilizer or 100 pounds of unrecovered dry fertilizer or 5 pounds of unrecovered liquid or unrecovered dry active ingredient equivalent of pesticides; except for reportable substances, it means when the amount spilled equals or exceeds the RQ for those chemical substances.

            "Reportable quantity" or "RQ" means a quantity that equals or exceeds the reportable quantity for substances listed in the Appendix to 49 CFR 172.101 (1988) or in Appendix A of 40 CFR 355 (1988).

            "Reportable substance" means any substance listed in the Appendix to 49 CFR 172.101 (1988) or in Appendix A of 40 CFR 355 (1988).

            "Secondary containment structure" means any structure or basin used to contain agrichemical spills and prevent runoff or leaching from bulk agrichemical containers.

            "Unload" or "unloading" means the transfer at agrichemical facilities or non-commercial agrichemical facilities of formulated pesticide in an unaltered state from the transport vehicle into facility storage or the transfer of bulk commercial fertilizer in an unaltered state from the transport vehicle into facility storage.

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