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90_HB3788
415 ILCS 60/31 new
Amends the Illinois Pesticide Act. Provides that any
school or day care center that uses broadcast application of
a pesticide on school or day care center property shall post
notices on the property to which the pesticide is to be
applied and provide written notice to parents and guardians
of students, students, and employees who attend or work at
the school or day care center. Effective August 15, 1998.
LRB9010003LDdv
LRB9010003LDdv
1 AN ACT to amend the Illinois Pesticide Act by adding
2 Section 31.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pesticide Act is amended by
6 adding Section 31 as follows:
7 (415 ILCS 60/31 new)
8 Sec. 31. Broadcast application in schools and day care
9 centers.
10 (a) For the purposes of this Section:
11 (1) "Broadcast application" means the application
12 of a pesticide to broad expanses of surfaces, including
13 but not limited to spraying, releasing liquid aerosols
14 into the air, and spreading granules on a lawn.
15 (2) "Day care center" has the same meaning as
16 provided in Section 2.09 of the Child Care Act of 1969.
17 (3) "School" means a structure used as a school in
18 the State of Illinois.
19 (b) Beginning 120 days after the effective date of this
20 amendatory Act of 1998, any school or day care center using
21 broadcast application of any pesticide on school or day care
22 center property shall comply with the following notification
23 procedures:
24 (1) Signs shall be posted at least 2 business days
25 before broadcast application of the pesticide and shall
26 remain posted at least 2 business days after application
27 of the pesticide. Signs shall be posted (i) at every
28 entry point into an enclosed structure where the
29 pesticide is applied, and (ii) in highly visible
30 locations around the perimeter of the area where the
31 pesticide is applied if the pesticide is applied in an
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1 open area. Signs shall be at least 6" x 6", headed
2 "Notice of Pesticide Application", and bright yellow in
3 color with black writing at least 1" in height. Signs
4 shall identify the name and active ingredient of the
5 pesticide, the target pest, the date of pesticide use,
6 the date for re-entry to the area treated, and the name
7 and contact number for the school or day care center
8 personnel responsible for the application. The Illinois
9 Department of Public Health shall be responsible for
10 developing a standardized design and language for the
11 Notice of Pesticide Application signs within 90 days of
12 the effective date of this amendatory Act of 1998.
13 (2) Written notification must be provided to
14 parents and guardians of students, students, and
15 employees who attend or work at the school or day care
16 center at least 2 business days before broadcast
17 application of any pesticide on school or day care center
18 property. Written notices shall identify the name and
19 active ingredient of the pesticide, the target pest, the
20 date of pesticide use, the date for re-entry to the area
21 treated, and the name and contact number for the school
22 or day care center personnel responsible for the
23 application. The Illinois Department of Public Health
24 shall be responsible for developing a standardized design
25 and language for the written notices within 90 days of
26 the effective date of this amendatory Act of 1998.
27 (3) Written notice and posting must be provided at
28 least 2 business days in advance if a school or day care
29 center is scheduled to have a broadcast application of
30 pesticides on a weekend or other day when school is not
31 in session or the day care center is not open for
32 business.
33 (4) Prior written notice shall not be required if
34 there is an imminent threat to health or property. If
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1 such a situation arises, the appropriate school or day
2 care personnel must sign a statement describing the
3 circumstances that gave rise to the health threat, ensure
4 that posting takes place, and ensure that written notice
5 is provided as soon as practicable.
6 Section 99. Effective date. This Act takes effect
7 August 15, 1998.