§258.60. Written Authorization for Land Application

a)         An Authorization issued by the Department pursuant to this Part must be obtained by an applicant prior to the commencement of any stockpiling of contaminated soil or land application of contaminated soil or groundwater at a proposed application area.  If ownership of an agrichemical facility is transferred, an Authorization may be transferred to the new owner or operator of the agrichemical facility upon written notification by the applicant to the Department and approval by the Department.

 

b)         An application for an Authorization must be submitted on forms provided by the Department.  Information submitted in an application must include the following:

 

1)         The facility name, address, telephone number, and facility identification number, if applicable; the applicant's full legal names, addresses and telephone numbers, including any authorized agents of the applicant and any contact persons to whom correspondence must be addressed; and the applicant's signature authorizing the application;

 

2)         The full legal name, address and telephone number of the owners  of the proposed land application area, including any authorized agents acting on behalf of such owners and any contact persons to whom correspondence must be addressed, and the signatures of the landowners authorizing the application;

 

3)         The name, address, telephone number, and signature of the persons responsible for the project design and management;

 

4)         Topographic and plat maps of the proposed land application area;

 

5)         A location area map of the proposed land application area;

 

6)         A soil survey map of the proposed land application area;

 

7)         A listing of the agrichemical concentrations, a description of the methods utilized to determine the agrichemical concentrations, and the volume of contaminated soil or groundwater  proposed to be land applied;

 

8)         A description of the agricultural crop to be grown on the land application area and date of the proposed land application;

 

9)         A proposed  application method or procedure for contaminated soil or groundwater, application rate, and supporting data and calculations, including the label rates associated with each pesticide present and the identification of the most-limiting compound on which the contaminated soil or groundwater application rate is to be based, each of which must be consistent with the requirements found at Section 258.70(e) of this Part;

 

10)          A description of the proposed method to be utilized for the calibration of the application device to ensure consistent distribution of contaminated soil or groundwater  to the land application area and how the contaminated soil or groundwater will be incorporated into the soil; and

 

11)         The legal description of the land application area and the acreage available at each site.

 

c)         Applications for an Authorization must be accompanied by a letter of agreement from the owner of the application area, or the owner's authorized agent, indicating he or she understands the nature of the project and has agreed to participate.  If land application to a field access lane is proposed, the owner or owners of the field access lane and all properties contiguous to the field access lane must provide letters of agreement to the Department indicating approval of the land application of contaminated soil or groundwater to the field access lane.

 

d)         If contaminated soil or groundwater is applied to field access lanes or farmland currently enrolled in the Conservation Reserve Program, applications for an Authorization must include a statement of commitment by the applicant to collect and analyze soil samples from the land application area within six months  after the application of contaminated soil or groundwater.  Such samples must be analyzed for the presence and concentration of all analytes detected in the samples of contaminated soil or groundwater collected at the spill site that have been established as the basis for the proposed application rate.  Analytical results of the soil sampling conducted after the application of contaminated soil or groundwater  and any sampling required pursuant to Section 258.80 of this Part must be submitted to the Department as part of the Closure Reports.

 

e)         If contaminated soil or groundwater is applied to cropland, applications for an Authorization must include a statement of commitment by the applicant to collect and analyze soil samples from the land application area at least two months prior to planting of the following crop.  Analytical results of the soil sampling conducted after the application of contaminated soil or groundwater and any sampling required pursuant to Section 258.80 of this Part must be submitted to the Department as part of the Closure Reports.

 

f)         Applications for an Authorization must include a description of the methods to be used to determine and document the actual amount of contaminated soil or groundwater applied to the land application area expressed in tons/acre or gallons/acre, as appropriate.  Such methods must result in documentation that will be submitted to the Department as part of the Closure Report pursuant to Section 258.80 of this Part.

 

g)         Upon receipt of an application, the Department shall review the application for compliance with the provisions of this Part.

 

1)         If the submittal is incomplete, the Department shall notify the applicant in writing within 30 days after receipt and identify the deficiencies.

 

2)         If the submittal is not in compliance with the provisions of this Part, the Department shall provide written notification of the reasons for denial to the applicant within 90 days after receipt.

 

3)         If the submittal is complete and in compliance with the provisions of this Part, the Department shall issue written Authorization to the applicant within 90 days after receipt.

 

h)         The Department may revoke any Authorization that has not been implemented within two years after the date of issuance.  Upon request by the applicant, such Authorizations may be renewed by the Department after review.

 

i)          The applicant shall submit a modified application if the concentrations of agrichemicals in the contaminated soil or groundwater, or the volume or application rate of contaminated soil or groundwater, are greater than specified in the original application; or if the applicant proposes changes in the location or size of the application area or in procedures for sample collection and analyses.

 

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