(415 ILCS 60/19.3)
Agrichemical Facility Response Action Program.
(a) It is the policy of the State of Illinois that an Agrichemical Facility
Response Action Program be implemented to reduce potential agrichemical pollution
and minimize environmental degradation risk potential at these sites. In this
Section, "agrichemical facility" means a site where agrichemicals are
stored or handled, or both, in preparation for end use. "Agrichemical
facility" does not include basic manufacturing or central distribution sites
utilized only for wholesale purposes. As used in this Section, "agrichemical"
means pesticides or commercial fertilizers at an agrichemical facility.
The program shall provide guidance for assessing the threat of soil
contaminants to groundwater and recommending which sites need to establish a
voluntary corrective action program.
The program shall establish appropriate site-specific soil cleanup
objectives, which shall be based on the potential for the agrichemical
contaminants to move from the soil to groundwater and the potential of the
specific soil agrichemical contaminants to cause an
exceedence of a Class I
or Class III groundwater quality standard or a health advisory level. The
Department shall use the information found and procedures developed in the
Agrichemical Facility Site Contamination Study or other appropriate physical
evidence to establish the soil agrichemical contaminant
levels of concern to
groundwater in the various hydrological settings to establish site-specific
No remediation of a site may be recommended unless (i) the agrichemical
level in the soil exceeds the site-specific cleanup objectives
or (ii) the agrichemical contaminant level in the soil
exceeds levels where physical evidence and risk evaluation indicates
probability of the site causing an
exceedence of a groundwater quality standard.
When a remediation plan must be carried out over a number of years due to
limited financial resources of the owner or operator of the agrichemical
facility, those soil agrichemical contaminated areas that
have the greatest potential to adversely impact vulnerable Class I groundwater
aquifers and adjacent potable water wells shall
receive the highest priority rating and be remediated first.
(d) The Director has the authority to do the following:
(1) When requested by the owner or operator of an
agrichemical facility, may investigate the agrichemical facility site contamination.
(2) After completion of the investigation under item
(1) of this subsection, recommend to the owner or operator of an agrichemical facility that a voluntary assessment be made of the soil agrichemical contaminant when there is evidence that the evaluation of risk indicates that groundwater could be adversely impacted.
(3) Review and make recommendations on any corrective
action plan submitted by the owner or operator of an agrichemical facility.
(4) On approval by the Director, issue an order to
the owner or operator of an agrichemical facility that has filed a voluntary corrective action plan that the owner or operator may proceed with that plan.
(5) Provide remedial project oversight and monitor
(6) Provide staff to support program activities.
(8) Incorporate the following into a handbook or
manual: the procedures for site assessment; pesticide constituents of concern and associated parameters; guidance on remediation techniques, land application, and corrective action plans; and other information or instructions that the Department may find necessary.
(9) Coordinate preventive response actions at
agrichemical facilities pursuant to the Groundwater Quality Standards adopted pursuant to Section 8 of the Illinois Groundwater Protection Act to mitigate resource groundwater impairment.
Upon completion of the corrective action plan, the Department shall issue a notice of closure stating that
site-specific cleanup objectives have been met and no further remedial action
is required to remedy the past agrichemical contamination.
When a soil agrichemical contaminant assessment confirms
that remedial action
is not required in accordance with the Agrichemical Facility Response Action
Program, a notice of closure shall be
issued by the Department stating that no
further remedial action is required to remedy the past agrichemical
(e) Upon receipt of notification of an agrichemical
groundwater pursuant to the Groundwater Quality Standards, the Department shall
evaluate the severity of the agrichemical contamination and
shall submit to the
Environmental Protection Agency an informational notice characterizing it as
(1) An agrichemical contaminant in Class I or Class
III groundwater has exceeded the levels of a standard adopted pursuant to the Illinois Groundwater Protection Act or a health advisory established by the Illinois Environmental Protection Agency or the United States Environmental Protection Agency; or
(2) An agrichemical has been detected at a level that
requires preventive notification pursuant to a standard adopted pursuant to the Illinois Groundwater Protection Act.
(f) When agrichemical contamination is characterized as in
subsection (e)(1) of this Section, a facility may elect to participate in the
Response Action Program. In these instances, the scope of the corrective
action plans developed, approved, and completed under this program shall be
limited to the soil agrichemical
contamination present at the site unless implementation of the plan is
coordinated with the Illinois Environmental Protection Agency as follows:
(1) Upon receipt of notice of intent to include
groundwater in an action by a facility, the Department shall also notify the Illinois Environmental Protection Agency.
(2) Upon receipt of the corrective action plan, the
Department shall coordinate a joint review of the plan with the Illinois Environmental Protection Agency.
(3) The Illinois Environmental Protection Agency may
provide a written endorsement of the corrective action plan.
(4) The Illinois Environmental Protection Agency may
approve a groundwater management zone for a period of 5 years after the implementation of the corrective action plan to allow for groundwater impairment mitigation results.
(6) The Department, in cooperation with the Illinois
Environmental Protection Agency, shall provide remedial project oversight and monitor remedial work progress.
(7) The Department shall, upon completion of the
corrective action plan, issue a notice of closure stating that no further remedial action is required to remedy the past agrichemical contamination.
(g) When an owner or operator of an agrichemical facility initiates a soil
contamination assessment on the owner's or operator's own volition and
independent of any requirement under this Section 19.3, information
contained in that assessment may be held as confidential information by the
owner or operator of the facility.
(h) Except as otherwise provided by Department rule, on and after the effective date of this amendatory Act of the 98th General Assembly, any Agrichemical Facility Response Action Program requirement that may be satisfied by an industrial hygienist licensed pursuant to the Industrial Hygienists Licensure Act repealed in this amendatory Act may be satisfied by a Certified Industrial Hygienist certified by the American Board of Industrial Hygiene.
(Source: P.A. 98-78, eff. 7-15-13; 98-692, eff. 7-1-14; 99-78, eff. 7-20-15.)