Section 258.70 Operational Control Practices, Limitations and Restrictions

Section 258

Section 258.70  Operational

Control Practices, Limitations and Restrictions

a)         No applicant shall land apply contaminated soil or groundwater

or stockpile contaminated soil:

1)         within any Illinois Groundwater Protection Act (IGPA) [415

ILCS 55/14] defined wellhead setback zone or regulated recharge area;

2)         within 200 feet of any surface water or within 1,000 feet of

any surface water body that is the subject of any health advisory regarding

agrichemicals listed in Appendix A;

3)         within 20 feet of a farmland edge unless the application is to

a field access lane and is performed consistent with Section 258.60(c);

4)         within any flood plain with a return frequency of 10 years or

less;

5)         within 200 feet of a drainage tubing surface inlet;

6)         within 200 feet of a sinkhole;

7)         within 200 feet of a structure being used for human habitation

at the time of the proposed application.  In addition, no applicant shall land

apply remediation media within 200 feet of a structure being used as a common

place of assembly, such as a church, school or business;

8)         on frozen farmland with a frost depth of one inch or greater;

9)         on a portion of farmland that has a slope in excess of five

percent; and

10)         within 200 feet of any Class III: Special Resource

Groundwater as defined by 35 Ill. Adm. Code 620.230.

b)         No

applicant shall stockpile groundwater at the application area.

c)         No applicant shall stockpile contaminated soil at the

application area for more than 30 calendar days without prior approval of the

Department.

d)         Stockpiles of contaminated soil at the application area must

be located in such a manner that agrichemical migration, due to surface water,

into setbacks established under subsection (a)  of this Section and potential

agrichemical migration to surface water or groundwater is prevented

l at the

application area for more than 30 calendar days without prior approval of the

Department.

d)         Stockpiles of contaminated soil at the application area must

be located in such a manner that agrichemical migration, due to surface water,

into setbacks established under subsection (a)  of this Section and potential

agrichemical migration to surface water or groundwater is prevented.

e)         No applicant shall land apply contaminated soil or groundwater

at rates in excess of pesticide label rates or generally accepted agronomic

fertilizer application rates, as specified below.  The most-limiting

application rate shall govern the land application of contaminated soil or

groundwater.

1)         If a pesticide that is not labeled for use with the specific

crop to be grown on a land application area is present in contaminated soil or

groundwater  with other pesticides that are labeled for use with the proposed

crop, consideration must be given to any potential phytotoxic effects that

could arise from the proposed land application to the crop to be grown when

developing a proposed application rate.  In such instances, the application

rate of the non-labeled pesticide must not exceed 10 percent of its most

limited label rate for use on other agricultural crops.

2)         If  more than one pesticide from a family of pesticides is

present in the contaminated soil or groundwater, or when additive effects of

the pesticides may be possible, consideration must be given to possible

phytotoxic effects resulting from a contaminated soil or groundwater application

rate based only on the single highest concentration present, and the proposed

application rate must be reduced below such potential phytotoxic application

rates.

3)         If more than one pesticide is present in the contaminated soil

or groundwater, consideration must be given to commercially available blends

that contain those pesticides and the labeled rate of application associated

with those commercially available blends

st concentration present, and the proposed

application rate must be reduced below such potential phytotoxic application

rates.

3)         If more than one pesticide is present in the contaminated soil

or groundwater, consideration must be given to commercially available blends

that contain those pesticides and the labeled rate of application associated

with those commercially available blends.  In such cases, the application rate

of the contaminated soil or groundwater must be not greater than the labeled

application rate of the commercially available blend.

4)         If fertilizer containing nitrogen or phosphorus is present in

the contaminated soil or groundwater, the land application rate must not exceed

the most limiting of either the nutrient application rate or the pesticide

label rate, whichever is more

restrictive.  Nitrogen and phosphorus application

rates must be based upon the

agronomic rates for the crop or commodity

to be grown as contained in the Illinois Agronomy Handbook, incorporated by

reference in Section 258.40.

f)         In addition to the other provisions of this Part, applications

of contaminated soil or groundwater on farmland currently enrolled in the

Conservation Reserve Program shall only be allowed when the application

includes a written statement from a representative of the United States

Department of Agriculture – Natural Resource Conservation Service of the county

where the proposed land application area is located that the proposed activity

will not adversely affect the program status of the land application area.