Illinois General Assembly - Full Text of HB3086
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3086  103rd General Assembly




HB3086 EnrolledLRB103 27395 CPF 53767 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pesticide Act is amended by
5changing Sections 6, 10, 11, 11.1, 12, 13, 13.3, and 19 as
7    (415 ILCS 60/6)  (from Ch. 5, par. 806)
8    Sec. 6. Registration.
9    1. Every pesticide which is distributed, sold, offered for
10sale within this State, delivered for transportation or
11transported in interstate commerce or between points within
12the State through any point outside the State, shall be
13registered with the Director or his designated agent, subject
14to provisions of this Act. Such registration shall be for a
15period determined under item 1.5 of this Section and shall
16expire on December 31st. Registration is not required if a
17pesticide is shipped from one plant or warehouse to another
18plant or warehouse by the same person and is used solely at
19such plant or warehouse as a constituent part to make a
20pesticide which is registered under provisions of this Act and
22    1.5. In order to stagger product registrations, the
23Department shall, for the 2011 registration year, register



HB3086 Enrolled- 2 -LRB103 27395 CPF 53767 b

1half of the applicants and their products for one year and the
2other half for 2 years. Thereafter, a business registration
3and product registration shall be for 2 years.
4    2. Registration applicant shall file a statement with the
5Director which shall include:
6        A. The name and address of the applicant and the name
7    and address of the person whose name will appear on the
8    label if different from the applicant's.
9        B. The name of the pesticide.
10        C. A copy of the labeling accompanying the pesticide
11    under customary conditions of distribution, sale and use,
12    including ingredient statement, direction for use, use
13    classification, and precautionary or warning statements.
14    3. The Director may require the submission of complete
15formula data.
16    4. The Director may require a full description of tests
17made and the results thereof, upon which the claims are based,
18for any pesticide not registered pursuant to FIFRA, or on any
19pesticide under consideration to be classified for restricted
21        A. The Director will not consider data he required of
22    the initial registrant of a pesticide in support of
23    another applicants' registration unless the subsequent
24    applicant has obtained written permission to use such
25    data.
26        B. In the case of renewal registration, the Director



HB3086 Enrolled- 3 -LRB103 27395 CPF 53767 b

1    may accept a statement only with respect to information
2    which is different from that furnished previously.
3    5. The Director may prescribe other requirements to
4support a pesticide registration by regulation.
5    6. For the years preceding the year 2004, any registrant
6desiring to register a pesticide product at any time during
7one year shall pay the annual registration fee of $100 per
8product registered for that applicant. For the years 2004
9through 2010, the annual product registration fee is $200 per
10product. For the years 2011 through 2023 and thereafter, the
11product registration fee shall be $600 per product per 2-year
12registration period and shall be paid at the time of
13registration. For the years 2024 and thereafter, the product
14registration fee shall be $800 per product per 2-year
15registration period and shall be paid at the time of
17    In addition, for the years preceding the year 2004 any
18business registering a pesticide product at any time during
19one year shall pay the annual business registration fee of
20$250. For the years 2004 through 2010, the annual business
21registration fee shall be $400. For the years 2011 through
222023 and thereafter, the business registration fee shall be
23$800 per 2-year registration period and shall be paid at the
24time of registration. For the years 2024 and thereafter, the
25business registration fee shall be $1000 per 2-year
26registration period and shall be paid at the time of



HB3086 Enrolled- 4 -LRB103 27395 CPF 53767 b

1registration. Each legal entity of the business shall pay the
2business registration fee.
3    For the years preceding the year 2004, any applicant
4requesting an experimental use permit shall pay the annual fee
5of $100 per permit and all special local need pesticide
6registration applicants shall pay an annual fee of $100 per
7product. For the years 2004 through 2010, the annual
8experimental use permit fee and special local need pesticide
9registration fee is $200 per permit. For the years 2011 and
10thereafter, the annual experimental use permit and special
11local need pesticide registration fee shall be $300 per
12product. Subsequent SLN registrations for a pesticide already
13registered shall be exempted from the registration fee.
14        A. All registration accepted and approved by the
15    Director shall expire on the 31st day of December in any
16    one year unless cancelled. Registration for a special
17    local need may be granted for a specific period of time
18    with the approval date and expiration date specified.
19        B. If a registration for special local need granted by
20    the Director does not receive approval of the
21    Administrator of USEPA, the registration shall expire on
22    the date of the Administrator's disapproval.
23    7. Registrations approved and accepted by the Director and
24in effect on the 31st day of December, for which renewal
25application is made, shall continue in full force and effect
26until the Director notifies the registrant that the renewal



HB3086 Enrolled- 5 -LRB103 27395 CPF 53767 b

1has been approved and accepted or the registration is denied
2under this Act. Renewal registration forms will be provided to
3applicants by the Director.
4    8. If the renewal of a pesticide registration is not filed
5within 30 days of the date of expiration, a penalty late
6registration assessment of $100 per product shall apply in
7addition to the regular product registration fee. The late
8registration assessment shall not apply if the applicant
9furnishes an affidavit certifying that no unregulated
10pesticide was distributed or sold during the period of
11registration. The late assessment is not a bar to prosecution
12for doing business without proper registry.
13    9. The Director may prescribe by regulation to allow
14pesticide use for a special local need, pursuant to FIFRA.
15    10. The Director may prescribe by regulation the
16provisions for and requirements of registering a pesticide
17intended for experimental use.
18    11. The Director shall not make any lack of essentiality a
19criterion for denial of registration of any pesticide. Where 2
20pesticides meet the requirements, one should not be registered
21in preference to the other.
22    12. It shall be the duty of the pesticide registrant to
23properly dispose of any pesticide the registration of which
24has been suspended, revoked or cancelled or which is otherwise
25not properly registered in the State.
26(Source: P.A. 100-115, eff. 8-15-17.)



HB3086 Enrolled- 6 -LRB103 27395 CPF 53767 b

1    (415 ILCS 60/10)  (from Ch. 5, par. 810)
2    Sec. 10. Commercial applicator license. No commercial
3applicator shall use or supervise the use of any pesticide
4without a commercial license issued by the Director. For the
5years preceding the year 2001, the Director shall require an
6annual fee for commercial applicator license of $35. For the
7years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
8for a commercial applicator license is $45. For the years 2007
9through 2017, the annual fee for a commercial applicator
10license is $60. For the years 2018 through 2023 and
11thereafter, the fee for a multi-year commercial applicator
12license is $180. For the years 2024 and thereafter, the fee for
13a multi-year commercial applicator license is $240. The late
14application fee for a commercial applicator license shall be
15$20 in addition to the normal license fee. A commercial
16applicator shall be assessed a fee of $10 for a duplicate
18    1. Application for the commercial applicator license shall
19be made in writing on designated forms available from the
20Director. Each application shall contain information regarding
21the applicants qualifications, nature of the proposed
22operation, classification of license being sought, and shall
23include the following:
24        A. The full name of the applicant.
25        B. The address of the applicant.



HB3086 Enrolled- 7 -LRB103 27395 CPF 53767 b

1        C. Any necessary information prescribed by the
2    Director on the designated application form.
3    2. An applicant for a license shall demonstrate competence
4and knowledge regarding pesticide use in accordance with
5Section 9 of this Act.
6    3. A licensed commercial applicator must provide to the
7Director at the time of original licensing and must maintain
8throughout the licensure period evidence of financial
9responsibility protecting persons who may suffer personal
10injury or property damage or both as a result of the pesticide
11operation of the applicant in either of the following manners:
12        A. Evidence of responsibility may be provided in the
13    form of a surety bond for each licensed commercial
14    applicator naming the licensed commercial applicator as
15    principal of the bond. The amount of the bond shall be not
16    less than $50,000 per year. It is permissible to provide
17    two bonds; one for $25,000 for bodily injury liability and
18    the second for $25,000 for property damage liability. The
19    bond or bonds shall be made payable to the Director of
20    Agriculture, State of Illinois, for the benefit of the
21    injured party and shall be conditioned upon compliance
22    with the provisions of this Act by the principal, his or
23    her officers, representatives and employees; or
24        B. Evidence of responsibility may be provided in the
25    form of a certificate of liability insurance providing
26    coverage for each licensed commercial applicator or



HB3086 Enrolled- 8 -LRB103 27395 CPF 53767 b

1    licensed entity in the amount of not less than $50,000 per
2    person, $100,000 per occurrence bodily injury liability
3    coverage, with an annual aggregate of not less than
4    $500,000, and $50,000 per occurrence property damage
5    liability, with an annual aggregate of not less than
6    $50,000; or, in lieu thereof, a combined single limit of
7    not less than $100,000 bodily injury and property damage
8    liability combined, with an annual aggregate of not less
9    than $500,000.
10    4. Every insurance policy or bond shall contain a
11provision that it will not be cancelled or reduced by the
12principal or insurance company, except upon 30 days prior
13notice in writing to the Director of the Department at the
14Springfield, Illinois office and the principal insured. A
15reduction or cancellation of policy shall not affect the
16liability accrued or which may accrue under such policy before
17the expiration of the 30 days. The notice shall contain the
18termination date. Upon said reduction or cancellation, the
19Director shall immediately notify the licensee that his or her
20license will be suspended and the effective date until the
21minimum bond or liability insurance requirements are met by
22the licensee for the current license period.
23    5. Nothing in this Act shall be construed to relieve any
24person from liability for any damage to persons or property
25caused by use of pesticides even though such use conforms to
26label instructions and pertinent rules and regulations of this



HB3086 Enrolled- 9 -LRB103 27395 CPF 53767 b

2    6. The Director may renew any applicant's license in the
3classifications for which such applicant is licensed, subject
4to requalification requirements imposed by the Director.
5Requalification standards shall be prescribed by regulations
6adopted pursuant to this Act and are required to ensure that
7the licensed commercial applicator meets the requirements of
8changing technology and to assure a continued level of
9competence and ability.
10    7. The Director may limit the license of an applicant to
11allow only the use of certain pesticides in a delimited
12geographic area, or to the use of certain application
13techniques or equipment. If a license is not issued as applied
14for, the Director shall inform the applicant in writing of the
15reasons and extend an opportunity for the applicant to
16complete the requirements for the license desired.
17    8. For the purpose of uniformity, the Director may enter
18into agreements for accepting standards of qualification of
19other states as a basis for licensing commercial applicators.
20(Source: P.A. 99-540, eff. 1-1-17.)
21    (415 ILCS 60/11)  (from Ch. 5, par. 811)
22    Sec. 11. Certified Pesticide Applicators. No person shall
23use or supervise the use of pesticides classified for
24restricted use without a license issued by the Director.
25Persons licensed or desiring to be licensed as certified



HB3086 Enrolled- 10 -LRB103 27395 CPF 53767 b

1pesticide applicators shall comply with the certification
2requirements as set forth in Section 9 of this Act in order to
3protect public health and the environment, including injury to
4the applicator or other persons using these pesticides.
5    An applicant for certification as a private pesticide
6applicator shall meet qualification requirements prescribed by
7regulation. The application for certification shall be made in
8writing to the Director, on forms available from the Director
9or the local county agricultural extension adviser's office
10and be accompanied by payment of a $10 license fee in the years
11preceding the year 2001. During the years 2001, 2002, 2003,
122004, 2005, and 2006, the private pesticide applicator license
13fee shall be $15. During the years 2007 through 2010, the
14private pesticide applicator license fee shall be $20. For the
15years 2011 through 2023 and thereafter, the private pesticide
16applicator license fee shall be $30. For the years 2024 and
17thereafter, the private pesticide applicator license fee shall
18be $60. A private pesticide applicator shall be assessed a fee
19of $5 for a duplicate license. Such application shall include:
20        A. The full name of the applicant.
21        B. The mailing address of the applicant.
22        C. The documents required as evidence of competence
23    and knowledge regarding the use of pesticides.
24    Certification, as a private pesticide applicator, issued
25by the Director shall be valid for a period prescribed by
26regulation. The Director shall develop regulatory standards to



HB3086 Enrolled- 11 -LRB103 27395 CPF 53767 b

1ensure that certified private pesticide applicators continue
2to meet the requirements of a changing technology and assure a
3continued level of competence and ability.
4(Source: P.A. 96-1310, eff. 7-27-10.)
5    (415 ILCS 60/11.1)  (from Ch. 5, par. 811.1)
6    Sec. 11.1. Commercial not-for-hire license. No commercial
7not-for-hire applicator shall use or supervise the use of any
8pesticide without a license issued by the Director. For the
9years 2011 through 2017, the commercial not-for-hire pesticide
10applicator license fee shall be $20. For the years 2018
11through 2023 and thereafter, the fee for a multi-year
12commercial not-for-hire pesticide applicator license is $60.
13For the years 2024 and thereafter, the fee for a multi-year
14commercial not-for-hire pesticide applicator license is $120.
15The late application fee for a public or commercial
16not-for-hire applicator license shall be $20 in addition to
17the normal license fees. A commercial not-for-hire applicator
18shall be assessed a fee of $10 for a duplicate license.
19    1. Application for certification as a commercial
20not-for-hire pesticide applicator shall be made in writing on
21designated forms available from the Director. Each application
22shall contain information regarding the qualifications of the
23applicant, classification of certification being sought, and
24shall include the following:
25        A. The full name of the applicant.



HB3086 Enrolled- 12 -LRB103 27395 CPF 53767 b

1        B. The name of the applicant's employer.
2        C. The address at the applicant's place of employment.
3        D. Any other information prescribed by the Director on
4    the designated form.
5    2. The Director shall not issue a certification to a
6commercial not-for-hire pesticide applicator until the
7individual identified has demonstrated his competence and
8knowledge regarding pesticide use in accordance with Section 9
9of this Act.
10    3. The Director shall not renew a certification as a
11commercial not-for-hire pesticide applicator until the
12applicant reestablishes his qualifications in accordance with
13Section 9 of this Act or has met other requirements imposed by
14regulation in order to ensure that the applicant meets the
15requirements of changing technology and to assure a continued
16level of competence and ability.
17    4. (Blank).
18    5. (Blank).
19    6. (Blank).
20    7. Persons applying general use pesticides, approved by
21the Inter-Agency Committee on the Use of Pesticides, to scrap
22tires for the control of mosquitoes shall be exempt from the
23license requirements of this Section.
24(Source: P.A. 99-540, eff. 1-1-17.)
25    (415 ILCS 60/12)  (from Ch. 5, par. 812)



HB3086 Enrolled- 13 -LRB103 27395 CPF 53767 b

1    Sec. 12. Licensed operator. No pesticide operator shall
2use any pesticides without a pesticide operator license issued
3by the Director.
4    1. Application for an operator license shall be made in
5writing on designated forms available from the Director. Each
6application shall contain information regarding the nature of
7applicants pesticide use, his qualifications, and such other
8facts as prescribed on the form. The application shall also
9include the following:
10        A. The full name of applicant.
11        B. The address of the applicant.
12        C. The name of and license/certification number of the
13    pesticide applicator under whom the applicant will work.
14    2. The Director shall not issue a pesticide operator
15license until the individual identified has demonstrated his
16competence and knowledge regarding pesticide use in accordance
17with Section 9 of this Act.
18    3. The Director shall not issue an operator license to any
19person who is unable to provide the name and
20license/certification number of an applicator under whom the
21operator will work.
22    4. For the years preceding the year 2001, a licensed
23commercial operator working for or under the supervision of a
24certified licensed commercial pesticide applicator shall pay
25an annual fee of $25. For the years 2001, 2002, and 2003, the
26annual fee for a commercial operator license is $30. For the



HB3086 Enrolled- 14 -LRB103 27395 CPF 53767 b

1years 2004, 2005, and 2006, the annual fee for a commercial
2operator license is $35. For the years 2007 through 2017, the
3annual fee for a commercial operator license is $40. For the
4years 2018 through 2023 and thereafter, the fee for a
5multi-year commercial operator license is $120. For the years
62024 and thereafter, the fee for a multi-year commercial
7operator license is $180. The late application fee for an
8operator license shall be $20 in addition to the normal
9license fee. A licensed operator shall be assessed a fee of $10
10for a duplicate license.
11    5. For the years 2011 through 2017, the commercial
12not-for-hire pesticide operator license fee shall be $15. For
13the years 2018 through 2023 and thereafter, the fee for a
14multi-year commercial not-for-hire pesticide operator license
15is $45. For the years 2024 and thereafter, the fee for a
16multi-year commercial not-for-hire pesticide operator license
17is $90. The late application fee for a commercial not-for-hire
18operator license shall be $20 in addition to the normal
19license fee. A commercial not-for-hire operator shall be
20assessed a fee of $10 for a duplicate license.
21(Source: P.A. 99-540, eff. 1-1-17; 100-115, eff. 8-15-17.)
22    (415 ILCS 60/13)  (from Ch. 5, par. 813)
23    Sec. 13. Pesticide dealers. Any pesticide dealer who sells
24Restricted Use pesticides shall be registered with the
25Department on forms provided by the Director. Beginning July



HB3086 Enrolled- 15 -LRB103 27395 CPF 53767 b

11, 2005, any pesticide dealer that sells non-restricted use
2pesticides for use in the production of an agricultural
3commodity in containers with a capacity of 2.5 gallons or
4greater or 10 pounds or greater must also register with the
5Department on forms provided by the Director. Through 2017,
6registration shall consist of passing a required examination
7and payment of a $100 registration fee. For the years 2018
8through 2023 and thereafter, the pesticide dealer registration
9fee for a multi-year registration period is $300. For the
10years 2024 and thereafter, the pesticide dealer registration
11fee for a multi-year registration period is $350. The late
12application fee for a pesticide dealer registration shall be
13$20 in addition to the normal pesticide dealer registration
14fee. A pesticide dealer shall be assessed a fee of $10 for a
15duplicate registration.
16    Dealers who hold a Structural Pest Control license with
17the Illinois Department of Public Health or a Commercial
18Applicator's license with the Illinois Department of
19Agriculture are exempt from the registration fee but must
20register with the Department.
21    Each place of business which sells restricted use
22pesticides or non-restricted pesticides for use in the
23production of an agricultural commodity in containers with a
24capacity of 2.5 gallons or greater or 10 pounds or greater
25shall be considered a separate entity for the purpose of



HB3086 Enrolled- 16 -LRB103 27395 CPF 53767 b

1    Registration as a pesticide dealer shall expire on
2December 31 of the year in which it is to expire. Pesticide
3dealers shall be certified in accordance with Section 9 of
4this Act.
5    The Director may prescribe, by rule, requirements for the
6registration and testing of any pesticide dealer selling other
7than restricted use pesticides and such rules shall include
8the establishment of a registration fee in an amount not to
9exceed the pesticide dealer registration fee.
10    The Department may refuse to issue or may suspend the
11registration of any person who fails to file a return, or to
12pay the tax, penalty, or interest shown in a filed return, or
13to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Illinois
15Department of Revenue, until such time as the requirements of
16any such tax Act are satisfied.
17(Source: P.A. 99-540, eff. 1-1-17.)
18    (415 ILCS 60/13.3)
19    Sec. 13.3. Agrichemical facility containment permits. An
20agrichemical containment permit issued by the Department shall
21be obtained for each existing and new agrichemical facility
22and non-commercial agrichemical facility as defined by rules
23promulgated by the Department. A permit fee of $250 $100 shall
24be submitted to the Department with each permit application or
25permit renewal application. All moneys collected under this



HB3086 Enrolled- 17 -LRB103 27395 CPF 53767 b

1Section must be deposited into the Pesticide Control Fund.
2(Source: P.A. 96-1310, eff. 7-27-10.)
3    (415 ILCS 60/19)  (from Ch. 5, par. 819)
4    Sec. 19. Interagency Committee on Pesticides. The Director
5is authorized to create an interagency committee on
6pesticides. Its purpose is to study and advise on the use of
7pesticides on State property. Also, its purpose is to advise
8any State agency in connection with quarantine programs or the
9protection of the public health and welfare, and to recommend
10needed legislation concerning pesticides.
11    1. An interagency committee on pesticides shall consist
12of: (1) the Director of the Department of Agriculture, (2) the
13Director of Natural Resources, (3) the Director of the
14Environmental Protection Agency, (4) the Director of the
15Department of Public Health, (5) the Secretary of the
16Department of Transportation, (6) the President of the
17University of Illinois or his or her designee representing the
18State Natural History Survey and (7) the Dean of the College of
19Agriculture, University of Illinois. Each member of the
20committee may designate some person in his department to serve
21on the committee in his stead. Other State agencies may, at the
22discretion of the Director, be asked to serve on the
23interagency committee on pesticides. The Director of the
24Department of Agriculture shall be chairman of this committee.
25    2. The interagency committee shall: (1) Review the current



HB3086 Enrolled- 18 -LRB103 27395 CPF 53767 b

1status of the sales and use of pesticides within the State of
2Illinois. (2) Review pesticide programs to be sponsored or
3directed by a governmental agency. (3) Consider the problems
4arising from pesticide use with particular emphasis on the
5possible adverse effects on human health, livestock, crops,
6fish, and wildlife, business, industry, agriculture, or the
7general public. (4) Recommend legislation to the Governor, if
8appropriate, which will prohibit the irresponsible use of
9pesticides. (5) Review rules and regulations pertaining to the
10regulation or prohibition of the sale, use or application of
11pesticides and labeling of pesticides for approval prior to
12promulgation and adoption. (6) Contact various experts and lay
13groups, such as the Illinois Pesticide Control Committee, to
14obtain their views and cooperation. (7) Advise on and approve
15of all programs involving the use of pesticides on State owned
16property, state controlled property, or administered by State
17agencies. (8) Examine, with the assistance of the Department
18of Agriculture, the possibility of using continuing education
19courses to satisfy pesticide applicator competency
20requirements required for existing licensees. This shall not
21be construed to include research programs, or the generally
22accepted and approved practices essential to good farm and
23institutional management on the premises of the various State
25    3. Members of this committee shall receive no compensation
26for their services as members of this committee other than



HB3086 Enrolled- 19 -LRB103 27395 CPF 53767 b

1that provided by law for their respective positions with the
2State of Illinois. All necessary expenses for travel of the
3committee members shall be paid out of regular appropriations
4of their respective agencies.
5    4. The committee shall meet at least once each quarter of
6the calendar year, and may hold additional meetings upon the
7call of the chairman. Four members shall constitute a quorum.
8    5. The committee shall make a detailed report of its
9findings and recommendations to the Governor of Illinois prior
10to each General Assembly Session.
11    6. The Interagency Committee on Pesticides shall, at a
12minimum, annually, during the spring, conduct a statewide
13public education campaign and agriculture chemical safety
14campaign to inform the public about pesticide products, uses
15and safe disposal techniques. A toll-free hot line number
16shall be made available for the public to report misuse cases.
17    The Committee shall include in its educational program
18information and advice about the effects of various pesticides
19and application techniques upon the groundwater and drinking
20water of the State.
21    7. The Interagency Committee on Pesticides shall conduct a
22special study of the effects of chemigation and other
23agricultural applications of pesticides upon the groundwater
24of this State. The results of such study shall be reported to
25the General Assembly by March 1, 1989. The members of the
26Committee may utilize the technical and clerical resources of



HB3086 Enrolled- 20 -LRB103 27395 CPF 53767 b

1their respective departments and agencies as necessary or
2useful in the conduct of the study.
3    8. In consultation with the Interagency Committee, the
4Department shall develop, and the Interagency Committee shall
5approve, procedures, methods, and guidelines for addressing
6agrichemical pesticide contamination at agrichemical
7facilities in Illinois. In developing those procedures,
8methods, and guidelines, the following shall be considered and
9addressed: (1) an evaluation and assessment of site conditions
10and operational practices at agrichemical facilities where
11agricultural pesticides are handled; (2) what constitutes
12pesticide contamination; (3) cost effective procedures for
13site assessments and technologies for remedial action; and (4)
14achievement of adequate protection of public health and the
15environment from such actual or potential hazards. In
16consultation with the Interagency Committee, the Department
17shall develop, and the Interagency Committee shall approve,
18guidelines and recommendations regarding long term financial
19resources which may be necessary to remediate pesticide
20contamination at agrichemical facilities in Illinois. The
21Department, in consultation with the Interagency Committee,
22shall present a report on those guidelines and recommendations
23to the Governor and the General Assembly on or before January
241, 1993. The Department and the Interagency Committee shall
25consult with the Illinois Pesticide Control Committee and
26other appropriate parties during this development process.



HB3086 Enrolled- 21 -LRB103 27395 CPF 53767 b

1    9. As part of the consideration of cost effective
2technologies pursuant to subsection 8 of this Section, the
3Department may, upon request, provide a written authorization
4to the owner or operator of an agrichemical facility for land
5application of agrichemical contaminated soils at agronomic
6rates. As used in this Section, "agrichemical" means
7pesticides or commercial fertilizers, at an agrichemical
8facility, in transit from an agrichemical facility to the
9field of application, or at the field of application. The
10written authorization may also provide for use of groundwater
11contaminated by the release of an agrichemical, provided that
12the groundwater is not also contaminated due to the release of
13a petroleum product or hazardous substance other than an
14agrichemical. The uses of agrichemical contaminated
15groundwater authorized by the Department shall be limited to
16supervised application or irrigation onto farmland and
17blending as make-up water in the preparation of agrichemical
18spray solutions that are to be applied to farmland. In either
19case, the use of the agrichemical contaminated water shall not
20cause (i) the total annual application amounts of a pesticide
21to exceed the respective pesticide label application rate on
22any authorized sites or (ii) the total annual application
23amounts of a fertilizer to exceed the generally accepted
24annual application rate on any authorized sites. All
25authorizations shall prescribe appropriate operational control
26practices to protect the site of application and shall



HB3086 Enrolled- 22 -LRB103 27395 CPF 53767 b

1identify each site or sites where land application or
2irrigation take place. Where agrichemical contaminated
3groundwater is used on farmland, the prescribed practices
4shall be designed to prevent off-site runoff or conveyance
5through underground tile systems. The Department shall
6periodically advise the Interagency Committee regarding the
7issuance of such authorizations and the status of compliance
8at the application sites.
9(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
10    Section 10. The Lawn Care Products Application and Notice
11Act is amended by changing Section 5 as follows:
12    (415 ILCS 65/5)  (from Ch. 5, par. 855)
13    Sec. 5. Containment of spills, wash water, and rinsate
15    (a) No loading of lawn care products for distribution to a
16customer or washing or rinsing of pesticide residues from
17vehicles, application equipment, mixing equipment, floors or
18other items used for the storage, handling, preparation for
19use, transport, or application of pesticides to lawns shall be
20performed at a facility except in designated containment areas
21in accordance with the requirements of this Section. A lawn
22care containment permit, issued by the Department, shall be
23obtained prior to the operation of the containment area. The
24Department shall issue a lawn care containment permit when the



HB3086 Enrolled- 23 -LRB103 27395 CPF 53767 b

1containment area or facility complies with the provisions of
2this Section and the rules and regulations adopted under
3Sections 5 and 6. A permit fee of $250 $100 shall be submitted
4to the Department with each permit application or permit
5renewal application. All moneys collected pursuant to this
6Section shall be deposited into the Pesticide Control Fund.
7    (b) No later than January 1, 1993, containment areas shall
8be in use in any facility as defined in this Act and no wash
9water or rinsates may be released into the environment except
10in accordance with applicable law. Containment areas shall
11include the following requirements:
12        (1) The containment area shall be constructed of
13    concrete, asphalt or other impervious materials which
14    include, but are not limited to, polyethylene containment
15    pans and synthetic membrane liners. All containment area
16    materials shall be compatible with the lawncare products
17    to be contained.
18        (2) The containment area shall be designed to capture
19    spills, washwaters, and rinsates generated in the loading
20    of application devices, the lawncare product-related
21    servicing of vehicles, and the triple rinsing of pesticide
22    containers and to prevent the release of such spills,
23    washwaters, or rinsates to the environment other than as
24    described in paragraph (3) of this subsection (b).
25        (3) Spills, washwaters, and rinsates captured in the
26    containment area may be used in accordance with the label



HB3086 Enrolled- 24 -LRB103 27395 CPF 53767 b

1    rates of the lawncare products, reused as makeup water for
2    dilution of pesticides in preparation of application, or
3    disposed in accordance with applicable local, State and
4    federal regulations.
5    (c) The requirements of this Section shall not apply to
6situations constituting an emergency where washing or rinsing
7of pesticide residues from equipment or other items is
8necessary to prevent imminent harm to human health or the
10    (d) The requirements of this Section shall not apply to
11persons subject to the containment requirements of the
12Illinois Pesticide Act or the Illinois Fertilizer Act of 1961
13and any rules or regulations adopted thereunder.
14(Source: P.A. 96-1310, eff. 7-27-10.)