Section 258.80  Closure Reporting

a)         A Closure Report must be submitted to the Department within 60 days after receipt of analytical results associated with closure sampling required under subsection (b) (1) of this Section.

b)         The Closure Report shall include the following information:

1)         Analytical results, including the mean and standard deviation for each analyte, from the soil sampling of the land application area:

A)        conducted no later than two months prior to planting of the following crop; or

B)        in the case of field access lanes or farmland currently enrolled in the Conservation Reserve Program, conducted no later than six months after the application of contaminated soil or groundwater ;

2)         Documentation of the actual amounts of contaminated soil or groundwater that was land applied and calculations indicating that the application rates were equal to or less than those authorized by the Department;

3)         Documentation of how the contaminated soil or groundwater was incorporated into the soils in the land application area.

c)         Upon receipt of a Closure Report, the Department shall review the submittal and evaluate whether the report indicates that agrichemical levels in the soil at the proposed time of closure are below the soil closure objective concentrations listed in Appendix C of this Part.

1)         If the submittal indicates that agrichemical concentrations in the land application area are below the soil closure objective concentrations listed in Appendix C of this Part, the Department shall issue a Notice of Closure within 45 days after receipt.  The Notice of Closure shall indicate the applicant has land applied contaminated soil or groundwater to the application area in accordance with the Authorization and all requirements of this Part.  An applicant that has been issued a Notice of Closure shall no longer be subject to the requirements of this Part.

2)         If the submittal indicates that agrichemical concentrations in the land application area are not below the soil closure objective concentrations as listed in Appendix C of this Part, the Department shall, within 45 days from the date of receipt of the Closure Report, notify the applicant in writing as to why a Notice of Closure was not issued. The Department may require additional sampling and analyses of samples of the land application area and prescribe remedial measures to be conducted by the applicant to reduce the concentrations of agrichemicals in the land application area or to mitigate any potential adverse effects on crops or the environment.  The applicant must conduct the prescribed activities and must prepare and submit a Closure Report detailing the results of the additional sampling and other measures as prescribed by the Department.

3)         The Department shall send a copy of the notice of closure or the denial of the Notice of Closure to the owners of the land application area.

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