Section 259.120  Applicability

a)         This Part applies to the owner or operator of an agrichemical facility who voluntarily requests approval of corrective action plans to remediate past agrichemical contamination.

1)         An owner or operator who elects to participate in the Agrichemical Facility Response Action Program shall determine if soil or groundwater at an agrichemical facility contains agrichemicals at concentrations requiring cleanup pursuant to Subpart B of this Part.

2)         An owner or operator who elects to participate in the Program shall conduct a site assessment to identify any agrichemical contamination of soil or groundwater and to develop sufficient information regarding the extent of any contamination to guide decisions about corrective actions pursuant to Subpart C of this Part.

3)         If soil or groundwater at an agrichemical facility contains agrichemicals at concentrations requiring cleanup pursuant to Subpart B of this Part, an owner or operator who elects to participate in the Program, shall submit a corrective action plan for review by the Department and final approval by the Board pursuant to Subpart D of this Part.

b)         Nothing in this Part limits the authority of the Illinois Environmental Protection Agency to provide notice of potential liability and need to conduct response actions or remedial activities or the release or threatened release of a regulated substance under Section 58.9(b) or Section 4(q) of the Illinois Environmental Protection Act [415 ILCS 5], to provide notice of apparent violations of the Environmental Protection Act, related regulations and/or permits pursuant to Section 31 of the Environmental Protection Act, to make enforcement referrals regarding apparent violations of the Environmental Protection Act, related regulations and/or permits pursuant to Section 42 or 43 of the Environmental Protection Act, or to undertake investigative, preventive or corrective action under any other applicable provisions of the Illinois Environmental Protection Act.

c)         This Part does not apply to facilities at which the contaminated soils exhibit a characteristic of hazardous waste as defined in 35 Ill. Adm. Code 721.120 through 124.

(Source:  Amended at 32 Ill. Reg. 1308, effective January 21, 2008)