Section 255.180  On-farm Storage Facility Containment

 

Notwithstanding the other provisions of this Part, an on-farm storage facility shall comply with the following:

 

a)         All agrichemical non-mobile storage containers for liquid pesticides and liquid fertilizer at an on-farm storage facility shall be located within a secondary containment structure.  Dry fertilizer or dry pesticide materials shall be stored in a manner to prevent pollution by minimizing losses to the air, surface water, underground water or subsoil.  Dry fertilizers and pesticides shall be stored inside a sound structure or device having a cover or roofed top, sidewalls and base sufficient to prevent contact with precipitation and surface waters.

 

b)         Registration and Compliance Schedules:  All existing on-farm storage facilities shall register with the Department, on forms provided by the Department, no later than March 31, 2003.  The Department shall issue a compliance schedule to each existing on-farm storage facility registered with the Department no later than June 30, 2003.  The compliance schedule shall require the submittal of all containment plans and specifications to the Department no later than March 31, 2004 and the completion of all construction of required containment structures no later than June 30, 2005.

 

c)         On-Farm Storage Facility Permits:  The owner or operator of an existing or new on-farm storage facility shall obtain an agrichemical containment permit issued by the Department for each facility.  Permits shall be obtained prior to the commencement of any containment construction and shall be obtained in accordance with the compliance schedule issued by the Department pursuant to subsection (b) of this Section.

 

1)         Permit applications shall be submitted on forms provided by the Department. The application shall be accompanied by detailed engineering plans and specifications for any construction or modification of a secondary containment structure to be accomplished pursuant to the Permit.  Such plans and specifications shall be prepared by an Illinois Professional Engineer when required by the provisions of the Illinois Professional Engineering Practice Act [225 ILCS 325].  In addition to completed permit application forms and detailed engineering plans/specifications, documents submitted to the Department shall include a location area map, detailed plot plan of the facility, and any additional information the applicant or Department deems necessary to fully describe the project.

 

2)         A Permit shall be obtained before the commencement of any construction necessary to meet the compliance date.  A Permit must be amended before the commencement of any modification to the facility.  A Permit amendment shall not be required for alterations at the facility as defined in Section 255.10 of this Part.

 

3)         A Permit will be transferred to a new owner or operator upon written notification by the permittee to the Department.

 

4)         Permits shall be renewed every 5 years.

 

5)         An application for a Permit submitted by a corporation shall be signed by a principal executive officer of at least the level of vice president, or a duly authorized representative who is responsible for the overall operation of the facility described in the application.  In the case of a partnership or a sole proprietorship, the application shall be signed by a general partner or the proprietor, respectively.

 

6)         The Department shall issue a Permit within 90 days after receipt of the application, provided the documents accompanying the application indicate that the on-farm storage facility will be in compliance with this Section.

 

7)         The Department shall allow an innovative design to satisfy the structural requirements of this Section if the application for a Permit is accompanied by a registered professional engineer's statement certifying that the design will provide protection to the environment equivalent to that of this Section.

 

8)         All engineering costs shall be the responsibility of the person making the request.

 

9)         A Permit issued "with conditions" means that the facility is deficient in some area in order to meet full compliance with this Part.  A Permit with conditions will be issued if the operation of the facility during the period of time that the facility owner was correcting the deficiency does not jeopardize the environment.

 

10)         If the Department fails to grant or deny the Permit as requested or issue a Permit with conditions within 90 days from the date of receipt of the application, the applicant may deem the Permit granted for a one-year period commencing on the 91st day after the Department received the application.  If the application for a Permit is denied, the Department shall notify the applicant in writing as to why the permit was denied.

 

d)         Liquid Fertilizer and Pesticide Containment Structures and Systems:  Secondary containment structures and systems at on-farm storage facilities shall provide the following capacity:

 

1)         When not protected from receiving precipitation, the containment shall have a minimum containment volume of a 6-inch rain storm (a 25 year, 24 hour rain), the capacity of the largest tank, and the volume displaced by the bases of the other tanks located within the secondary containment structure.

 

2)         When protected from receiving precipitation, the containment shall have a minimum containment volume of 100% of the capacity of the largest tank, plus the volume displaced by the bases of the other tanks located within the secondary containment structure.

 

e)         Containment structural materials and integrity shall provide secondary containment that meets or exceeds the requirement of this Section.  Materials shall be compatible with the agrichemical to be contained.

 

1)         General requirements include:

 

A)        Clay, natural soil clay mixtures or clay/bentonite mixtures shall not be used to contain any pesticide.

 

B)        Secondary containment for liquid agrichemical storage at facility sites should provide for separation between bulk pesticides and bulk fertilizer to the extent that a common wall or curbing between the fertilizer area and the pesticide area shall provide for the interception and recovery, including clean up of pesticide spills, while the entire secondary containment area shall meet or exceed the total capacity requirement specified in this Section.

 

C)        The secondary containment structure shall be constructed to a water permeability rate of not greater than 1 x 10^-6 centimeters per second and maintained so that liquid movement through the walls and base does not exceed a rate of 1 x 10^-5 centimeters per second permeability rate. The secondary containment structure shall be designed and maintained to withstand a full hydrostatic head of any contained liquid.  The containment area shall not be equipped with a permanent pump unless the pump has only a manual mode of operation.

 

D)        The secondary containment structure shall not have a discharge outlet or gravity drain through the wall or floor.

 

E)        Synthetic materials or liners may be used with secondary containment structures provided they are compatible with agrichemicals being contained and are installed according to the manufacturer's written directions and repaired and maintained according to the manufacturer's recommendations.  These directions and recommendations shall become records maintained at the facility site.

 

2)         Walls:  The walls of secondary containment structures shall meet each of the following criteria:

 

A)        Walls shall be constructed of materials, including, but not limited to, steel, reinforced concrete, solid masonry, or compatible synthetic materials or synthetic liners as authorized in this Section.

 

B)        No piping shall be installed through the wall except for interconnections between multiple secondary containment structures authorized in this Section.

 

C)        Multiple basins connected to provide the containment capacity as set forth in this Section shall be connected in a manner that assures an unrestricted transfer of discharged liquid between basins.

 

D)        Earthen walls used for secondary containment of fertilizer shall be protected against erosion (e.g., sodded or seeded).  Side slopes shall not exceed a 3 to 1 ratio of horizontal to vertical.  The top width of earthen walls shall not be less than 2½ feet.

 

E)        Provisions shall be made for safe and emergency access and exit to and from the secondary containment structures.

 

3)         Floor:  The base of a secondary containment structure shall be lined with materials, including, but not limited to, reinforced concrete, steel, or compatible synthetic liner or synthetic materials as authorized in this Section, and the floor shall meet each of the following criteria:

 

A)        Floors shall be constructed to allow the safe and expeditious removal of precipitation water and any spilled material in a manner that does not disrupt the ability of the containment structure to prevent the movement of liquid as required in this Section (e.g., sloped to a collection sump well).

 

B)        Liners used for secondary containment of fertilizer may be constructed of suitable soil or of soil treated with bentonite clay or other comparable material, with a minimum depth of 12 inches, provided the other floor requirements as stated in this Section are met.  The liner shall be covered by a soil or smooth aggregate layer not less than 6 inches thick and shall be maintained to prevent cracking or puncture.

 

4)         Prefabricated Facilities:  A prefabricated secondary containment structure shall be composed of a rigid prefabricated basin having both a base and walls constructed of steel, reinforced concrete or synthetic liner or synthetic materials that are resistant to corrosion, puncture or cracking.  A written confirmation of compatibility and a written estimate of life expectancy from the basin manufacturer shall be kept on file at the facility.  Multiple basins connected to provide the capacity required in this Section shall be connected in a manner that assures an unrestricted transfer of discharged liquid between basins.

 

5)         Drainage and Basin Facility:  A drainage and basin facility diverts uncontaminated storm water drainage and provides secondary containment in accordance with this Section.  The curb, base and drainage path shall be at least 12 inches thick and shall be constructed in lifts not to exceed 6 inches in thickness.  Persons wishing to use a drainage and basin facility should consider the overall facility plan, topography, subsoil type, water table location, and surface water drainage patterns.

 

f)         Tank Anchoring:  Non-mobile agrichemical storage containers shall be anchored or placed on a raised area if necessary to prevent flotation or instability in the event of agrichemical discharge into the secondary containment structure.

 

g)         Storage containers and appurtenances shall be constructed, installed, and maintained so as to prevent the discharge of liquid agrichemicals and shall meet each of the following criteria:

 

1)         The materials used in construction shall be resistant to corrosion, puncture, or cracking and shall be compatible with the agrichemical being stored.

 

2)         The materials used in construction and repair may not be of a type that reacts chemically or electrolytically with stored agrichemicals in a way that may weaken the storage container or appurtenances.

 

3)         The metals used for valves, fittings, and storage container repair on metal containers shall be compatible with the metals used in the construction of the container so that the combination of metals does not cause or increase corrosion that may weaken the container or its appurtenances.

 

4)         Containers and appurtenances shall be designed to handle operating stresses, taking into account hydrostatic head, pressure buildup from pumps and compressors, and any other foreseeable mechanical stresses to which the containers and appurtenances may be subject.

 

h)         Security:  When persons responsible for an on-farm storage facility are not present at the facility, the valves on non-mobile agrichemical storage containers, including sight gauge valves, shall be locked in the closed position or otherwise secured to prevent discharge.  External site gauges shall not be used with bulk pesticide storage containers.

 

i)          Accumulated precipitation in the secondary containment structure shall never exceed a level that would impair the holding capacity of the secondary containment.  Such precipitation accumulation should be removed from the secondary containment system after each storm.

 

1)         Precipitation accumulation containing agrichemicals shall be used as provided in Section 255.110(e) or disposed of as provided in Section 255.110(g).

 

2)         Precipitation accumulation from containment structures shall not be discharged from the containment area as surface runoff, except when the following conditions are met:

 

A)        The containment structures have been previously cleaned and rinsed of agrichemicals.  Proper cleaning of the structure should include removal of all contained material and the proper washing and rinsing of the structure.  Washing should include the use of a biodegradable detergent, triple rinsing with water under high pressure, and the removal of all standing fluids from the containment structure.

 

B)        The discharge shall not cause water quality violations pursuant to 35 Ill. Adm. Code, Subtitle C, or a pesticide release pursuant to the Environmental Protection Act [415 ILCS 5].

 

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