Section 618.105 Definitions
a) Unless
specified otherwise, all terms have the meanings set forth in the Illinois
Environmental Protection Act [415 ILCS 5], the Illinois Groundwater Protection
Act [415 ILCS 55], and 35 Ill. Adm. Code 671.
b) For the purposes of
this Part, the following definitions apply:
"Act" means the
Illinois Environmental Protection Act [415 ILCS 5].
"Agency"
means the Illinois Environmental Protection Agency.
"Board"
means the Illinois Pollution Control Board.
"Facility" means the
buildings and all real property contiguous to the buildings, and the
equipment at a single location used for the conduct of business [430 ILCS
45/3].
"New
Potential Primary Source" means:
a potential primary source
which is not in existence or for which construction has not commenced at its
location as of January 1, 1988; or
a potential primary source
which expands laterally beyond the currently permitted boundary or, if the
primary source is not permitted, the boundary in existence as of January
1, 1988; or
a potential primary source
which is part of a facility that undergoes major reconstruction. Reconstruction
is considered to have taken place if the fixed capital cost of the
new components, constructed within a 2-year period, exceeds 50% of the
fixed capital cost of a comparable entirely new facility [415 ILCS 5/3.345].
"New Potential Route" means:
a potential route which is not
in existence or for which construction has not commenced at its location as of January 1,1988; or
a potential route which expands
laterally beyond the currently permitted boundary or, if the potential route is
not permitted, the boundary in existence as of January
1, 1988 [415 ILCS 5/3.350].
"New
Potential Secondary Source":
means a
potential secondary source which:
is not in
existence or for which construction has not commenced at its location as of July
1, 1988; or
expands laterally beyond the
currently permitted boundary or, if the secondary source is not permitted, the
boundary in existence as of July
1, 1988, other than an expansion for handling of livestock waste or for
treating domestic wastewaters; or
is part of a
facility that undergoes major reconstruction. Reconstruction is considered
to have taken place if the fixed capital cost of the new components,
constructed within a 2-year period, exceeds 50% of the fixed capital
cost of a comparable entirely new facility [415 ILCS 5/3.355]; but
excludes an agrichemical facility
that modifies on-site storage capacity such that the volume of the pesticide
storage does not exceed 125% of the available capacity in existence on April
1, 1990, or the volume of fertilizer storage does not exceed 150% of the
available capacity in existence on April
1, 1990; if a written endorsement for an agrichemical facility permit
is in effect under Section 39.4 of the Act and the maximum feasible
setback is maintained. This on-site storage capacity includes mini-bulk
pesticides, package agrichemical storage areas, liquid or dry fertilizers, and
liquid or dry pesticides. [415 ILCS 5/14.2(g)(4)]
"Potential Primary Source"
means any unit at a facility or site not currently subject to a removal or
remedial action which:
is utilized for the treatment,
storage, or disposal of any hazardous or special waste not generated at the
site; or
is utilized for the disposal of
municipal waste not generated at the site, other than landscape waste and
construction and demolition debris; or
is utilized for the
landfilling, land treating, surface impounding or piling of any hazardous or
special waste that is generated on the site or at other sites owned, controlled
or operated by the same person; or
stores or accumulates at any
time more than 75,000 pounds above ground, or more than 7,500 pounds below
ground, of any hazardous substances [415 ILCS 5/3.345].
"Potential route" means abandoned
and improperly plugged wells of all kinds, drainage wells, all injection wells,
including closed loop heat pump wells, and any excavation for the discovery,
development or production of stone, sand or gravel [415 ILCS 5/3.350].
"Potential secondary source"
means any unit at a facility or a site not currently subject to a removal or
remedial action, other than a potential primary source, which:
is utilized for the
landfilling, land treating, or surface impounding of waste that is generated on
the site or at other sites owned, controlled or operated by the same person,
other than livestock and landscape waste, and construction and demolition
debris; or
stores or accumulates at any
time more than 25,000 but not more than 75,000 pounds above ground, or more
than 2,500 but not more than 7,500 pounds below ground, of any hazardous
substances; or
stores or accumulates at any
time more than 25,000 gallons above ground, or more than 500 gallons below
ground, of petroleum, including crude oil or any fraction thereof which is not
otherwise specifically listed or designated as a hazardous substance; or
stores or accumulates
pesticides, fertilizers, or road oils for purposes of commercial application or
for distribution to retail sales outlets; or
stores or accumulates at any
time more than 50,000 pounds of any de-icing agent; or
is utilized for handling
livestock waste or for treating domestic wastewaters other than private sewage
disposal systems as defined in the Private Sewage Disposal Licensing Act [415
ILCS 5/3.355].
"Setback zone" means a
geographic area, designated pursuant to the 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 5/3.450].
"Site" means any
location, place, tract of land, and facilities, including buildings, and
improvements used for purposes subject to regulation or control by the Act
or regulations thereunder [415 ILCS 5/3.460].
"Unit" means any
device, mechanism, equipment, or area (exclusive of land utilized only for
agricultural production). This term includes secondary containment
structures and their contents at agrichemical facilities. [415 ILCS
5/3.515]
"Unit boundary" means a
line at the land's surface circumscribing the area on which, above which, or
below which waste, pesticides, fertilizers, road oils or de-icing agents will
be placed during the active life of the facility. The space taken up by any
liner, dike or other barrier designed to contain waste, pesticides, fertilizer,
road oils, or de-icing agents falls within the unit boundary.
(Source: Amended at 47 Ill.
Reg. 7708, effective May 16, 2023)
