Full Text of HB3086 103rd General Assembly
HB3086enr 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pesticide Act is amended by | 5 | | changing Sections 6, 10, 11, 11.1, 12, 13, 13.3, and 19 as | 6 | | follows:
| 7 | | (415 ILCS 60/6) (from Ch. 5, par. 806)
| 8 | | Sec. 6. Registration.
| 9 | | 1. Every pesticide which is distributed, sold,
offered for | 10 | | sale within this State, delivered for transportation or
| 11 | | transported in interstate commerce or between points within | 12 | | the State
through any point outside the State, shall be | 13 | | registered with the Director
or his designated agent, subject | 14 | | to provisions of this Act. Such
registration shall be for a | 15 | | period determined under item 1.5 of this Section and shall | 16 | | expire on December 31st. Registration is not required if a | 17 | | pesticide is shipped from
one plant or warehouse to another | 18 | | plant or warehouse by the same person and
is used solely at | 19 | | such plant or warehouse as a constituent part to make a
| 20 | | pesticide which is registered under provisions of this Act and | 21 | | FIFRA.
| 22 | | 1.5. In order to stagger product registrations, the | 23 | | Department shall, for the 2011 registration year, register |
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| 1 | | half of the applicants and their products for one year and the | 2 | | other half for 2 years. Thereafter, a business registration | 3 | | and product registration shall be for 2 years. | 4 | | 2. Registration applicant shall file a statement with the | 5 | | Director 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 | 15 | | formula data.
| 16 | | 4. The Director may require a full description of tests | 17 | | made and the results
thereof, upon which the claims are based, | 18 | | for any pesticide not registered
pursuant to FIFRA, or on any | 19 | | pesticide under consideration
to be classified for restricted | 20 | | use.
| 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 |
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| 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 | 4 | | support a pesticide
registration by regulation.
| 5 | | 6. For the years preceding the year 2004, any registrant | 6 | | desiring to
register a pesticide product at any
time during | 7 | | one year shall pay the annual registration fee of
$100 per | 8 | | product registered for that applicant.
For the years 2004 | 9 | | through 2010, the annual product registration
fee is $200 per | 10 | | product. For the years 2011 through 2023 and thereafter , the | 11 | | product registration fee shall be $600 per product per 2-year | 12 | | registration period and shall be paid at the time of | 13 | | registration. For the years 2024 and thereafter, the product | 14 | | registration fee shall be $800 per product per 2-year | 15 | | registration period and shall be paid at the time of | 16 | | registration.
| 17 | | In addition, for the years preceding the year 2004 any | 18 | | business
registering a pesticide product at any time
during | 19 | | one year shall pay the annual business registration
fee of | 20 | | $250. For the years 2004 through 2010, the annual business
| 21 | | registration fee shall be $400. For the years 2011 through | 22 | | 2023 and thereafter , the business registration fee shall be | 23 | | $800 per 2-year registration period and shall be paid at the | 24 | | time of registration. For the years 2024 and thereafter, the | 25 | | business registration fee shall be $1000 per 2-year | 26 | | registration period and shall be paid at the time of |
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| 1 | | registration. Each legal entity of the business
shall pay
the
| 2 | | business registration fee.
| 3 | | For the years preceding the year 2004, any applicant | 4 | | requesting an
experimental use permit shall pay the annual
fee | 5 | | of $100 per permit and all special local need
pesticide
| 6 | | registration
applicants shall pay an annual fee of $100 per | 7 | | product. For the
years 2004 through 2010, the annual
| 8 | | experimental use permit fee and special local need pesticide | 9 | | registration fee
is $200 per permit. For the years 2011 and | 10 | | thereafter, the annual experimental use permit and special | 11 | | local need pesticide registration fee shall be $300 per | 12 | | product. Subsequent
SLN
registrations for a pesticide already | 13 | | registered 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 | 24 | | in effect on
the 31st day of December, for which renewal | 25 | | application is made, shall continue
in full force and effect | 26 | | until the Director notifies the registrant that
the renewal |
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| 1 | | has been approved and accepted or the registration is denied
| 2 | | under this Act. Renewal registration forms will be provided to | 3 | | applicants
by the Director.
| 4 | | 8. If the renewal of a pesticide registration is not filed | 5 | | within 30
days of the date of expiration, a penalty late | 6 | | registration assessment of $100 per product shall apply in | 7 | | addition to the regular product registration fee. The late | 8 | | registration assessment shall not
apply if the applicant | 9 | | furnishes an affidavit certifying that no
unregulated | 10 | | pesticide was distributed or sold during the period of
| 11 | | registration. The late assessment is not a bar to prosecution | 12 | | for doing
business without proper registry.
| 13 | | 9. The Director may prescribe by regulation to allow | 14 | | pesticide use for
a special local need, pursuant to FIFRA.
| 15 | | 10. The Director may prescribe by regulation the | 16 | | provisions for and
requirements of registering a pesticide | 17 | | intended for experimental use.
| 18 | | 11. The Director shall not make any lack of essentiality a | 19 | | criterion for
denial of registration of any pesticide. Where 2 | 20 | | pesticides meet the
requirements, one should not be registered | 21 | | in preference to the other.
| 22 | | 12. It shall be the duty of the pesticide registrant to | 23 | | properly
dispose of any pesticide the registration of which | 24 | | has been suspended,
revoked or cancelled or which is otherwise | 25 | | not properly registered
in the State.
| 26 | | (Source: P.A. 100-115, eff. 8-15-17.)
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| 1 | | (415 ILCS 60/10) (from Ch. 5, par. 810)
| 2 | | Sec. 10. Commercial applicator license. No commercial
| 3 | | applicator
shall use or supervise the use of any pesticide | 4 | | without a commercial
license issued by the Director. For the | 5 | | years preceding the year 2001, the
Director shall require an | 6 | | annual
fee for commercial applicator license of $35.
For the | 7 | | years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee | 8 | | for a
commercial applicator license is $45. For the years 2007 | 9 | | through 2017, the
annual fee for a commercial applicator | 10 | | license is $60. For the years 2018 through 2023 and | 11 | | thereafter , the fee for a multi-year commercial applicator | 12 | | license is $180. For the years 2024 and thereafter, the fee for | 13 | | a multi-year commercial applicator license is $240. The late | 14 | | application
fee for a
commercial applicator license shall be | 15 | | $20 in
addition to the normal license fee. A commercial | 16 | | applicator shall be assessed
a fee of $10 for a duplicate | 17 | | license.
| 18 | | 1. Application for the commercial applicator license shall | 19 | | be made
in writing on designated forms available from the | 20 | | Director. Each
application shall contain information regarding | 21 | | the applicants
qualifications, nature of the proposed | 22 | | operation, classification of
license being sought, and shall | 23 | | include the following:
| 24 | | A. The full name of the applicant.
| 25 | | B. The address of the applicant.
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| 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 | 4 | | and
knowledge regarding pesticide use in accordance with | 5 | | Section 9 of this Act.
| 6 | | 3. A licensed commercial applicator must provide to the | 7 | | Director at
the time of original licensing and must maintain | 8 | | throughout the licensure period evidence of financial
| 9 | | responsibility protecting persons who may suffer personal | 10 | | injury or property
damage or both as a result of the pesticide | 11 | | operation 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
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| 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 | 11 | | provision that it
will not be cancelled or reduced by the | 12 | | principal or insurance company,
except upon 30 days prior | 13 | | notice in writing to the Director of the Department
at the | 14 | | Springfield, Illinois office and the principal insured. A | 15 | | reduction
or cancellation of policy shall not affect the | 16 | | liability accrued or which
may accrue under such policy before | 17 | | the expiration of the 30 days. The
notice shall contain the | 18 | | termination date. Upon said reduction or
cancellation, the | 19 | | Director shall immediately notify the licensee that his
or her | 20 | | license will be suspended and the effective date until the | 21 | | minimum
bond or liability insurance requirements are met by | 22 | | the licensee for the
current license period.
| 23 | | 5. Nothing in this Act shall be construed to relieve any | 24 | | person from
liability for any damage to persons or property | 25 | | caused by use of
pesticides even though such use conforms to | 26 | | label instructions and
pertinent rules and regulations of this |
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| 1 | | State.
| 2 | | 6. The Director may renew any applicant's license in the
| 3 | | classifications for which such applicant is licensed, subject | 4 | | to
requalification requirements imposed by the Director. | 5 | | Requalification
standards shall be prescribed by regulations | 6 | | adopted pursuant to this
Act and are required to ensure that | 7 | | the licensed commercial applicator
meets the requirements of | 8 | | changing technology and to assure a continued
level of | 9 | | competence and ability.
| 10 | | 7. The Director may limit the license of an applicant to | 11 | | allow only
the use of certain pesticides in a delimited | 12 | | geographic area, or to the
use of certain application | 13 | | techniques or equipment. If a license is not
issued as applied | 14 | | for, the Director shall inform the applicant in
writing of the | 15 | | reasons and extend an opportunity for the applicant to
| 16 | | complete the requirements for the license desired.
| 17 | | 8. For the purpose of uniformity, the Director may enter | 18 | | into
agreements for accepting standards of qualification of | 19 | | other 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 | 23 | | use or supervise
the use of pesticides classified for | 24 | | restricted use without a license
issued by the Director. | 25 | | Persons licensed or desiring to be licensed as
certified |
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| 1 | | pesticide applicators shall comply with the certification
| 2 | | requirements as set forth in Section 9 of this Act in order to | 3 | | protect
public health and the environment, including injury to | 4 | | the applicator or
other persons using these pesticides.
| 5 | | An applicant for certification as a private pesticide | 6 | | applicator shall
meet qualification requirements prescribed by | 7 | | regulation. The application
for certification shall be made in | 8 | | writing to the Director, on forms available
from the Director | 9 | | or the local county agricultural extension adviser's
office | 10 | | and be accompanied by payment of a $10 license fee in the years
| 11 | | preceding the year 2001. During the years
2001, 2002, 2003, | 12 | | 2004, 2005, and 2006, the private pesticide applicator
license | 13 | | fee shall be $15. During the years 2007 through 2010, the | 14 | | private
pesticide applicator license fee shall be $20. For the | 15 | | years 2011 through 2023 and thereafter , the private pesticide | 16 | | applicator license fee shall be $30. For the years 2024 and | 17 | | thereafter, the private
pesticide applicator license fee shall | 18 | | be $60. A
private
pesticide applicator shall be assessed a fee | 19 | | of $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 | 25 | | by the
Director shall be valid for a period prescribed by | 26 | | regulation. The Director
shall develop regulatory standards to |
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| 1 | | ensure that certified private pesticide
applicators continue | 2 | | to meet the requirements of a changing technology and
assure a | 3 | | continued 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 | 7 | | not-for-hire applicator shall use or supervise the use of any
| 8 | | pesticide without a license issued by the Director.
For the | 9 | | years 2011 through 2017, the commercial not-for-hire pesticide | 10 | | applicator license fee shall be $20. For the years 2018 | 11 | | through 2023 and thereafter , the fee for a multi-year | 12 | | commercial not-for-hire pesticide applicator license is $60. | 13 | | For the years 2024 and thereafter, the fee for a multi-year | 14 | | commercial not-for-hire pesticide applicator license is $120. | 15 | | The late application fee for a public or commercial | 16 | | not-for-hire applicator
license shall be $20 in addition to | 17 | | the normal license fees. A commercial not-for-hire applicator | 18 | | shall be assessed
a fee of $10 for a duplicate license.
| 19 | | 1. Application for certification as a commercial | 20 | | not-for-hire pesticide
applicator shall be made in writing on | 21 | | designated forms available from the
Director. Each application | 22 | | shall contain information regarding the
qualifications
of the | 23 | | applicant, classification of certification being sought, and | 24 | | shall
include the following:
| 25 | | A. The full name of the applicant.
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| 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 | 6 | | commercial not-for-hire
pesticide applicator until the | 7 | | individual identified has demonstrated his
competence and | 8 | | knowledge regarding pesticide use in accordance with
Section 9 | 9 | | of this Act.
| 10 | | 3. The Director shall not renew a certification as a | 11 | | commercial not-for-hire
pesticide applicator until the | 12 | | applicant
reestablishes his qualifications in accordance
with | 13 | | Section 9 of this Act
or has met other requirements imposed by | 14 | | regulation in order to ensure that
the applicant meets the | 15 | | requirements of changing technology and to assure
a continued | 16 | | level of competence and ability.
| 17 | | 4. (Blank).
| 18 | | 5. (Blank).
| 19 | | 6. (Blank).
| 20 | | 7. Persons applying general use pesticides, approved by | 21 | | the
Inter-Agency Committee on the Use of Pesticides, to scrap | 22 | | tires for the
control of mosquitoes shall be exempt from the | 23 | | license requirements of this
Section.
| 24 | | (Source: P.A. 99-540, eff. 1-1-17 .)
| 25 | | (415 ILCS 60/12) (from Ch. 5, par. 812)
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| 1 | | Sec. 12. Licensed operator. No pesticide operator shall | 2 | | use any pesticides
without a pesticide operator license issued | 3 | | by the Director.
| 4 | | 1. Application for an operator license shall be made in | 5 | | writing on
designated
forms available from the Director. Each | 6 | | application shall contain information
regarding the nature of | 7 | | applicants pesticide use, his qualifications, and
such other | 8 | | facts as prescribed on the form. The application shall also
| 9 | | include 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 | 15 | | license until the
individual identified has demonstrated his | 16 | | competence and knowledge regarding
pesticide use in accordance | 17 | | with Section 9 of this Act.
| 18 | | 3. The Director shall not issue an operator license to any | 19 | | person who
is unable to provide the name and | 20 | | license/certification number of an applicator
under whom the | 21 | | operator will work.
| 22 | | 4. For the years preceding the year 2001, a licensed | 23 | | commercial operator working
for or under the supervision of a | 24 | | certified
licensed commercial pesticide applicator shall pay | 25 | | an annual fee of $25.
For the years 2001, 2002, and 2003, the | 26 | | annual fee for a commercial operator
license is $30. For the |
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| 1 | | years 2004, 2005, and 2006, the annual fee for a
commercial | 2 | | operator license is $35. For the years 2007 through 2017, the
| 3 | | annual fee for a commercial operator license is $40. For the | 4 | | years 2018 through 2023 and thereafter , the fee for a | 5 | | multi-year commercial operator license is $120. For the years | 6 | | 2024 and thereafter, the fee for a multi-year commercial | 7 | | operator license is $180.
The late application fee for an | 8 | | operator license shall be $20 in
addition to the normal | 9 | | license fee. A licensed operator shall be assessed a
fee of $10 | 10 | | for a duplicate license.
| 11 | | 5. For the years 2011 through 2017, the commercial | 12 | | not-for-hire pesticide operator license fee shall be $15. For | 13 | | the years 2018 through 2023 and thereafter , the fee for a | 14 | | multi-year commercial not-for-hire pesticide operator license | 15 | | is $45. For the years 2024 and thereafter, the fee for a | 16 | | multi-year commercial not-for-hire pesticide operator license | 17 | | is $90. The late application fee for a commercial not-for-hire | 18 | | operator license shall be $20 in addition to the normal | 19 | | license fee. A commercial not-for-hire operator shall be | 20 | | assessed 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 | 24 | | Restricted
Use pesticides shall be registered with the | 25 | | Department on forms provided by
the Director. Beginning July |
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| 1 | | 1, 2005, any pesticide dealer that sells non-restricted use | 2 | | pesticides for use in the production of an agricultural | 3 | | commodity in containers with a capacity of 2.5 gallons or | 4 | | greater or 10 pounds or greater must also register with the | 5 | | Department on forms provided by the Director. Through 2017, | 6 | | registration shall consist of passing a required
examination | 7 | | and payment of a $100 registration fee. For the years 2018 | 8 | | through 2023 and thereafter , the pesticide dealer registration | 9 | | fee for a multi-year registration period is $300. For the | 10 | | years 2024 and thereafter, the pesticide dealer registration | 11 | | fee for a multi-year registration period is $350.
The late | 12 | | application fee for a pesticide dealer registration shall be | 13 | | $20 in
addition to the normal pesticide dealer registration | 14 | | fee. A pesticide dealer
shall be assessed a fee of $10 for a | 15 | | duplicate registration.
| 16 | | Dealers who hold a Structural Pest Control license with | 17 | | the Illinois
Department of Public Health or a Commercial | 18 | | Applicator's
license with the Illinois Department of | 19 | | Agriculture are exempt from the
registration fee but must | 20 | | register with the Department.
| 21 | | Each place of business which sells restricted use | 22 | | pesticides or non-restricted pesticides for use in the | 23 | | production of an agricultural commodity in containers with a | 24 | | capacity of 2.5 gallons or greater or 10 pounds or greater
| 25 | | shall be considered a separate entity for the purpose of | 26 | | registration. |
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| 1 | | Registration as a pesticide dealer shall expire on | 2 | | December 31 of the
year in which it is to expire. Pesticide | 3 | | dealers shall be certified in accordance with Section 9
of | 4 | | this Act.
| 5 | | The Director may prescribe, by rule, requirements for the | 6 | | registration
and testing of any pesticide dealer selling other | 7 | | than restricted use
pesticides and such rules shall include | 8 | | the establishment of a
registration fee in an amount not to | 9 | | exceed the pesticide dealer registration
fee.
| 10 | | The Department may refuse to issue or may suspend the | 11 | | registration
of any person who fails to file a return, or to | 12 | | pay the tax, penalty, or
interest shown in a filed return, or | 13 | | to pay any final assessment of tax,
penalty, or interest, as | 14 | | required by any tax Act administered by the
Illinois | 15 | | Department of Revenue, until such time as the requirements of | 16 | | any
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 | 20 | | agrichemical containment permit issued by the Department shall | 21 | | be obtained for each existing and new agrichemical facility | 22 | | and non-commercial agrichemical facility as defined by rules | 23 | | promulgated by the Department. A permit fee of $250 $100 shall | 24 | | be submitted to the Department with each permit application or | 25 | | permit renewal application. All moneys collected under this |
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| 1 | | Section 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 | 5 | | is authorized
to create an interagency committee on | 6 | | pesticides. Its purpose is to study
and advise on the use of | 7 | | pesticides on State property. Also, its purpose
is to advise | 8 | | any State agency in connection with quarantine programs or
the | 9 | | protection of the public health and welfare, and to recommend | 10 | | needed
legislation concerning pesticides.
| 11 | | 1. An interagency committee on pesticides shall consist | 12 | | of: (1) the
Director of the Department of Agriculture, (2) the | 13 | | Director of Natural
Resources, (3) the Director of the | 14 | | Environmental
Protection Agency, (4) the Director of the | 15 | | Department of Public Health, (5)
the Secretary of the | 16 | | Department of Transportation, (6) the President of the | 17 | | University of Illinois or his or her designee representing the
| 18 | | State Natural History Survey and (7) the Dean of the College of
| 19 | | Agriculture, University of Illinois. Each member of the | 20 | | committee may
designate some person in his department to serve | 21 | | on the committee in
his stead. Other State agencies may, at the | 22 | | discretion of the Director,
be asked to serve on the | 23 | | interagency committee on pesticides. The Director
of the | 24 | | Department of Agriculture shall be chairman of this committee.
| 25 | | 2. The interagency committee shall: (1) Review the current |
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| 1 | | status of
the sales and use of pesticides within the State of | 2 | | Illinois. (2) Review
pesticide programs to be sponsored or | 3 | | directed by a governmental agency.
(3) Consider the problems | 4 | | arising from pesticide use with particular emphasis
on the | 5 | | possible adverse effects on human health, livestock, crops, | 6 | | fish,
and wildlife, business, industry, agriculture, or the | 7 | | general public. (4)
Recommend legislation to the Governor, if | 8 | | appropriate, which will prohibit
the irresponsible use of | 9 | | pesticides. (5) Review rules and regulations
pertaining to the | 10 | | regulation or prohibition of the sale, use or application
of | 11 | | pesticides and labeling of pesticides for approval prior to | 12 | | promulgation
and adoption. (6) Contact various experts and lay | 13 | | groups, such as the
Illinois Pesticide Control Committee, to | 14 | | obtain their views and
cooperation. (7) Advise on and approve | 15 | | of all programs involving the use of
pesticides on State owned | 16 | | property, state controlled property, or
administered by State | 17 | | agencies. (8) Examine, with the assistance of the Department | 18 | | of Agriculture, the possibility of using continuing education | 19 | | courses to satisfy pesticide applicator competency | 20 | | requirements required for existing licensees. This shall not | 21 | | be construed to include
research programs, or the generally | 22 | | accepted and approved practices
essential to good farm and | 23 | | institutional management on the premises of the
various State | 24 | | facilities.
| 25 | | 3. Members of this committee shall receive no compensation | 26 | | for their
services as members of this committee other than |
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| 1 | | that provided by law for
their respective positions with the | 2 | | State of Illinois. All necessary
expenses for travel of the | 3 | | committee members shall be paid out of regular
appropriations | 4 | | of their respective agencies.
| 5 | | 4. The committee shall meet at least once each quarter of | 6 | | the calendar
year, and may hold additional meetings upon the | 7 | | call of the chairman. Four
members shall constitute a quorum.
| 8 | | 5. The committee shall make a detailed report of its | 9 | | findings and
recommendations to the Governor of Illinois prior | 10 | | to each General
Assembly Session.
| 11 | | 6. The Interagency Committee on Pesticides shall, at a | 12 | | minimum,
annually, during the spring, conduct a statewide | 13 | | public education campaign
and agriculture chemical safety | 14 | | campaign to inform the public about
pesticide products, uses | 15 | | and safe disposal techniques. A toll-free hot
line number | 16 | | shall be made available for the public to report misuse cases.
| 17 | | The Committee shall include in its educational program | 18 | | information and
advice about the effects of various pesticides | 19 | | and application techniques
upon the groundwater and drinking | 20 | | water of the State.
| 21 | | 7. The Interagency Committee on Pesticides shall conduct a | 22 | | special
study of the effects of chemigation and other | 23 | | agricultural applications of
pesticides upon the groundwater | 24 | | of this State. The results of such study
shall be reported to | 25 | | the General Assembly by March 1, 1989. The members of
the | 26 | | Committee may utilize the technical and clerical resources of |
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| 1 | | their
respective departments and agencies as necessary or | 2 | | useful in the conduct
of the study.
| 3 | | 8. In consultation with the Interagency Committee, the | 4 | | Department
shall develop, and the Interagency Committee shall | 5 | | approve,
procedures, methods, and guidelines for addressing | 6 | | agrichemical
pesticide contamination at agrichemical | 7 | | facilities in Illinois. In
developing those procedures, | 8 | | methods, and guidelines, the following shall
be considered and | 9 | | addressed: (1) an evaluation and assessment of site
conditions | 10 | | and operational practices at agrichemical facilities where
| 11 | | agricultural pesticides are handled; (2) what constitutes | 12 | | pesticide
contamination; (3) cost effective procedures for | 13 | | site assessments and
technologies for remedial action; and (4) | 14 | | achievement of adequate
protection of public health and the | 15 | | environment from such actual or
potential hazards. In | 16 | | consultation with the Interagency Committee, the Department
| 17 | | shall develop, and the Interagency Committee shall approve, | 18 | | guidelines and
recommendations regarding long term financial | 19 | | resources which may be
necessary to remediate pesticide | 20 | | contamination at agrichemical facilities
in Illinois. The | 21 | | Department, in consultation with the Interagency
Committee, | 22 | | shall present a report on those guidelines and
recommendations | 23 | | to the Governor and the General Assembly on or before
January | 24 | | 1, 1993. The Department and the Interagency Committee shall
| 25 | | consult with the Illinois Pesticide Control
Committee and | 26 | | other appropriate parties during this development process.
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| 1 | | 9. As part of the consideration of cost effective | 2 | | technologies pursuant
to subsection 8 of this Section, the | 3 | | Department may, upon request, provide
a written authorization | 4 | | to the owner or operator of an agrichemical
facility for land | 5 | | application of agrichemical contaminated
soils at agronomic | 6 | | rates.
As used in this Section, "agrichemical" means | 7 | | pesticides or commercial
fertilizers, at an agrichemical | 8 | | facility, in transit from an agrichemical
facility to the | 9 | | field of application, or at the field of application.
The | 10 | | written authorization may also provide for use
of groundwater | 11 | | contaminated by the release of an agrichemical,
provided
that | 12 | | the groundwater is not also contaminated due to the release of | 13 | | a
petroleum product or hazardous substance other than an | 14 | | agrichemical. The uses
of agrichemical contaminated | 15 | | groundwater authorized by the
Department shall be
limited to | 16 | | supervised application or irrigation onto farmland and | 17 | | blending
as make-up water in the preparation of agrichemical | 18 | | spray solutions that
are to be applied to farmland. In either | 19 | | case, the use of the agrichemical
contaminated water shall not | 20 | | cause (i) the total annual application amounts
of a pesticide | 21 | | to exceed the respective pesticide label application
rate on | 22 | | any authorized sites
or (ii) the total annual application | 23 | | amounts of a fertilizer to exceed the
generally accepted | 24 | | annual application rate on any authorized sites. All
| 25 | | authorizations shall prescribe
appropriate operational control | 26 | | practices to protect the site of application
and shall |
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| 1 | | identify each site or sites where land
application or | 2 | | irrigation take place. Where agrichemical
contaminated
| 3 | | groundwater is used on farmland, the prescribed practices | 4 | | shall be designed
to prevent off-site runoff or conveyance | 5 | | through underground tile
systems. The Department shall
| 6 | | periodically advise the Interagency Committee regarding the | 7 | | issuance of
such authorizations and the status of compliance | 8 | | at 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 | 11 | | Act 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 | 14 | | collection.
| 15 | | (a) No loading of lawn care products for distribution to a | 16 | | customer or
washing or rinsing of pesticide residues from | 17 | | vehicles,
application equipment, mixing equipment, floors or | 18 | | other items used for the
storage, handling, preparation for | 19 | | use, transport, or application of
pesticides to lawns shall be | 20 | | performed at a facility except in designated
containment areas | 21 | | in accordance with the requirements of this
Section.
A lawn | 22 | | care containment permit, issued by the Department, shall be
| 23 | | obtained prior to the operation of the containment area. The
| 24 | | Department shall issue a lawn care containment permit when the |
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| 1 | | containment
area or facility complies with the provisions of | 2 | | this Section and the rules
and regulations adopted under | 3 | | Sections 5 and 6. A permit fee of $250 $100 shall be submitted | 4 | | to the Department with each permit application or permit | 5 | | renewal
application. All moneys collected pursuant to this | 6 | | Section
shall be deposited into the Pesticide Control Fund.
| 7 | | (b) No later than January 1, 1993, containment areas
shall | 8 | | be
in use in any facility as defined in this Act and no wash | 9 | | water or rinsates
may be released into the environment except | 10 | | in accordance with applicable
law. Containment areas shall | 11 | | include 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 |
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| 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 | 6 | | situations
constituting an emergency where washing or rinsing | 7 | | of pesticide residues
from equipment or other items is | 8 | | necessary to prevent imminent harm to human
health or the | 9 | | environment.
| 10 | | (d) The requirements of this Section shall not apply to | 11 | | persons subject
to the containment requirements of the | 12 | | Illinois Pesticide Act or the
Illinois Fertilizer Act of 1961
| 13 | | and any rules or regulations adopted thereunder.
| 14 | | (Source: P.A. 96-1310, eff. 7-27-10.)
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