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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 003 ] |
90_SB0305eng
520 ILCS 5/1.1 from Ch. 61, par. 1.1
Amends the Wildlife Code to make a technical change to
the short title provision.
LRB9002359NTsb
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1 AN ACT to amend the Illinois Pesticide Act by changing
2 Sections 19.3 and 24.1 and adding Section 13.2.
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 changing Sections 19.3 and 24.1 and adding Section 13.2 as
7 follows:
8 (415 ILCS 60/13.2 new)
9 Sec. 13.2. Agrichemical facility.
10 (a) An agrichemical facility located within the State of
11 Illinois that was not in existence during the years 1991,
12 1992, and 1993 and therefore did not pay the registration fee
13 of $500 per year per agrichemical facility for those years
14 may make a one-time payment of $1,500 to the Department of
15 Agriculture for deposit into the Agrichemical Incident
16 Response Trust Fund to meet the eligibility requirement of
17 subdivision (2) of subsection (a) of Section 22.3 of this
18 Act. The payment must be received by the Department of
19 Agriculture prior to an incident for which reimbursement is
20 sought under Section 22.3 to qualify for eligibility under
21 subdivision (2) of subsection (a) of Section 22.3.
22 (b) An agrichemical facility located within the State of
23 Illinois that was not in existence during the years 1991,
24 1992, and 1993 and therefore did not pay the registration fee
25 of $500 per year per agrichemical facility for those years
26 may also meet the eligibility requirement of subdivision (2)
27 of subsection (a) of Section 22.3 of this Act through the
28 transfer of eligibility from a facility under the same
29 ownership whose operations were discontinued after 1993 and
30 replaced by the new facility. To qualify for the eligibility
31 transfer, the owner must submit a written request for the
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1 eligibility transfer to the Department of Agriculture, must
2 have paid the $500 registration fee for each of the years
3 1991, 1992, and 1993 for the original facility, and completed
4 all closure requirements contained in rules promulgated by
5 the Department of Agriculture. Upon receipt of the
6 eligibility transfer request, the Department of Agriculture
7 shall review the submittal and all related containment
8 facility files and shall notify the owner whether eligibility
9 can be transferred.
10 (c) An agrichemical facility located within the State of
11 Illinois that was in existence during the years 1991, 1992,
12 and 1993 but did not pay the registration fee of $500 per
13 year per agrichemical facility for those years may make
14 payment of the unremitted balance to the Department of
15 Agriculture for deposit into the Agrichemical Incident
16 Response Trust Fund to meet the eligibility requirement of
17 subdivision (2) of subsection (a) of Section 22.3 of this
18 Act. The payment must be received by the Department of
19 Agriculture prior to an incident for which reimbursement is
20 sought under Section 22.3 to qualify for eligibility under
21 subdivision (2) of subsection (a) of Section 22.3.
22 (d) The moneys collected under this Section shall be
23 deposited into the Agrichemical Incident Response Trust Fund.
24 (e) For purposes of this Section, "agrichemical
25 facility" means a site:
26 (1) used for commercial purposes,
27 (A) where bulk pesticides are stored in a
28 single container in excess of 300 gallons of liquid
29 pesticide or 300 pounds of dry pesticide for more
30 than 30 days per year; or
31 (B) where more than 300 gallons of liquid
32 pesticide or 300 pounds of dry pesticide are being
33 mixed, repackaged, or transferred from one container
34 to another within a 30 day period; and
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1 (2) that serves at a point in the pesticide
2 distribution chain immediately prior to final use.
3 (415 ILCS 60/19.3)
4 Sec. 19.3. Agrichemical Facility Response Action
5 Program.
6 (a) It is the policy of the State of Illinois that an
7 Agrichemical Facility Response Action Program be implemented
8 to reduce potential pesticide pollution and minimize
9 environmental degradation risk potential at these sites. In
10 this Section, "agrichemical facility" means a site where
11 agricultural pesticides are stored or handled, or both, in
12 preparation for end use. "Agrichemical facility" does not
13 include basic manufacturing or central distribution sites
14 utilized only for wholesale purposes.
15 The program shall provide guidance for assessing the
16 threat of soil pesticide contaminants to groundwater and
17 recommending which sites need to establish a voluntary
18 corrective action program.
19 The program shall establish appropriate site-specific
20 soil cleanup objectives, which shall be based on the
21 potential for the pesticide contaminants to move from the
22 soil to groundwater and the potential of the specific soil
23 pesticide contaminants to cause an exceedence of a Class I or
24 Class III groundwater quality standard or a health advisory
25 level. The Department shall use the information found and
26 procedures developed in the Agrichemical Facility Site
27 Contamination Study or other appropriate physical evidence to
28 establish the soil pesticide contaminant levels of concern to
29 groundwater in the various hydrological settings to establish
30 site-specific cleanup objectives. The Department shall use a
31 probabilistic risk evaluation approach to establish
32 site-specific cleanup objectives. In this Section, a
33 "probabilistic risk evaluation" means a method of determining
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1 risk assessment which involves a probabilistic evaluation of
2 risk by assessing the entire range of risks rather than
3 considering just a single worst-case estimate, thus providing
4 more useful information to determine the appropriate action
5 to achieve an acceptable level of risk.
6 No remediation of a site may be recommended unless (i)
7 the pesticide contamination level in the soil exceeds the
8 site-specific cleanup objectives or (ii) the pesticide
9 contaminant level in the soil exceeds levels where physical
10 evidence and probabilistic risk evaluation indicates
11 probability of the site causing an exceedence of a
12 groundwater quality standard.
13 When a remediation plan must be carried out over a number
14 of years due to limited financial resources of the owner or
15 operator of the agrichemical facility, those soil pesticide
16 contaminated areas that have the greatest probabilistic
17 potential to adversely impact vulnerable Class I groundwater
18 aquifers and adjacent potable water wells shall receive the
19 highest priority rating and be remediated first.
20 (b) The Agrichemical Facility Response Action Program
21 Board ("the Board") is created. The Board members shall
22 consist of the following:
23 (1) The Director or the Director's designee.
24 (2) One member who represents pesticide
25 manufacturers.
26 (3) Two members who represent retail agrichemical
27 dealers.
28 (4) One member who represents agrichemical
29 distributors.
30 (5) One member who represents active farmers.
31 (6) One member at large.
32 The public members of the Board shall be appointed by the
33 Governor for terms of 2 years. Those persons on the Board who
34 represent pesticide manufacturers, agrichemical dealers,
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1 agrichemical distributors, and farmers shall be selected from
2 recommendations made by the associations whose membership
3 reflects those specific areas of interest. The members of the
4 Board shall be appointed within 90 days after the effective
5 date of this amendatory Act of 1995. Vacancies on the Board
6 shall be filled within 30 days. The Board may fill any
7 membership position vacant for a period exceeding 30 days.
8 The members of the Board shall be paid no compensation,
9 but shall be reimbursed for their expenses incurred in
10 performing their duties. If a civil proceeding is commenced
11 against a Board member arising out of an act or omission
12 occurring within the scope of the Board member's performance
13 of his or her duties under this Section, the State, as
14 provided by rule, shall indemnify the Board member for any
15 damages awarded and court costs and attorney's fees assessed
16 as part of a final and unreversed judgement, or shall pay the
17 judgment, unless the court or jury finds that the conduct or
18 inaction that gave rise to the claim or cause of action was
19 intentional, wilful or wanton misconduct and was not intended
20 to serve or benefit interests of the State.
21 The chairperson of the Board shall be selected by the
22 Board from among the public members.
23 (c) The Board has the authority to do the following:
24 (1) Cooperate with the Department and review and
25 approve an agrichemical facility remediation program as
26 outlined in the handbook or manual as set forth in
27 subdivision (d)(8) of this Section.
28 (2) Review and give final approval to each
29 agrichemical facility corrective action plan.
30 (3) Approve any changes to an agrichemical
31 facility's corrective action plan that may be necessary.
32 (4) Upon completion of the corrective action plan,
33 recommend to the Department that the site-specific
34 cleanup objectives have been met and that a notice of
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1 closure be issued by the Department stating that no
2 further remedial action is required to remedy the past
3 pesticide contamination.
4 (5) When a soil pesticide contaminant assessment
5 confirms that remedial action is not required in
6 accordance with the Agrichemical Facility Response Action
7 Program, recommend that a notice of closure be issued by
8 the Department stating that no further remedial action is
9 required to remedy the past pesticide contamination.
10 (6) Periodically review the Department's
11 administration of the Agrichemical Incident Response
12 Trust Fund and actions taken with respect to the Fund.
13 The Board shall also provide advice to the Interagency
14 Committee on Pesticides regarding the proper handling of
15 agrichemical incidents at agrichemical facilities in
16 Illinois.
17 (d) The Director has the authority to do the following:
18 (1) When requested by the owner or operator of an
19 agrichemical facility, may investigate the agrichemical
20 facility site contamination.
21 (2) After completion of the investigation under
22 subdivision (d)(1) of this Section, recommend to the
23 owner or operator of an agrichemical facility that a
24 voluntary assessment be made of the soil pesticide
25 contaminant when there is evidence that the evaluation of
26 probabilistic risk indicates that groundwater could be
27 adversely impacted.
28 (3) Review and make recommendations on any
29 corrective action plan submitted by the owner or operator
30 of an agrichemical facility to the Board for final
31 approval.
32 (4) On approval by the Board, issue an order to the
33 owner or operator of an agrichemical facility that has
34 filed a voluntary corrective action plan that the owner
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1 or operator may proceed with that plan.
2 (5) Provide remedial project oversight, monitor
3 remedial work progress, and report to the Board on the
4 status of remediation projects.
5 (6) Provide staff to support the activities of the
6 Board.
7 (7) Take appropriate action on the Board's
8 recommendations regarding policy needed to carry out the
9 Board's responsibilities under this Section.
10 (8) In cooperation with the Board, incorporate the
11 following into a handbook or manual: the procedures for
12 site assessment; pesticide constituents of concern and
13 associated parameters; guidance on remediation
14 techniques, land application, and corrective action
15 plans; and other information or instructions that the
16 Department may find necessary.
17 (9) Coordinate preventive response actions at
18 agrichemical facilities pursuant to the Groundwater
19 Quality Standards adopted pursuant to Section 8 of the
20 Illinois Groundwater Protection Act to mitigate resource
21 groundwater impairment.
22 Upon completion of the corrective action plan and upon
23 recommendation of the Board, the Department shall issue a
24 notice of closure stating that site-specific cleanup
25 objectives have been met and no further remedial action is
26 required to remedy the past pesticide contamination.
27 When a soil pesticide contaminant assessment confirms
28 that remedial action is not required in accordance with the
29 Agrichemical Facility Response Action Program and upon the
30 recommendation of the Board, a notice of closure shall be
31 issued by the Department stating that no further remedial
32 action is required to remedy the past pesticide
33 contamination.
34 (e) Upon receipt of notification of a pesticide
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1 contaminant in groundwater pursuant to the Groundwater
2 Quality Standards, the Department shall evaluate the severity
3 of the pesticide contamination and shall submit to the
4 Environmental Protection Agency an informational notice
5 characterizing it as follows:
6 (1) A pesticide contaminant in Class I or Class III
7 groundwater has exceeded the levels of a standard adopted
8 pursuant to the Illinois Groundwater Protection Act or a
9 health advisory established by the Illinois Environmental
10 Protection Agency or the United States Environmental
11 Protection Agency; or
12 (2) A pesticide has been detected at a level that
13 requires preventive notification pursuant to a standard
14 adopted pursuant to the Illinois Groundwater Protection
15 Act.
16 (f) When pesticide contamination is characterized as in
17 subdivision (e)(1) of this Section, a facility may elect to
18 participate in the Agrichemical Facility Response Action
19 Program. In these instances, the scope of the corrective
20 action plans developed, approved, and completed under this
21 program shall be limited to the soil pesticide contamination
22 present at the site unless implementation of the plan is
23 coordinated with the Illinois Environmental Protection Agency
24 as follows:
25 (1) Upon receipt of notice of intent to include
26 groundwater in an action by a facility, the Department
27 shall also notify the Illinois Environmental Protection
28 Agency.
29 (2) Upon receipt of the corrective action plan, the
30 Department shall coordinate a joint review of the plan
31 with the Illinois Environmental Protection Agency.
32 (3) The Illinois Environmental Protection Agency
33 may provide a written endorsement of the corrective
34 action plan.
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1 (4) The Illinois Environmental Protection Agency
2 may approve a groundwater management zone for a period of
3 5 years after the implementation of the corrective action
4 plan to allow for groundwater impairment mitigation
5 results.
6 (5) The Department, in cooperation with the
7 Illinois Environmental Protection Agency, shall recommend
8 a proposed corrective action plan to the Board for final
9 approval to proceed with remediation. The recommendation
10 shall be based on the joint review conducted under
11 subdivision (f)(2) of this Section and the status of any
12 endorsement issued under subdivision (f)(3) of this
13 Section.
14 (6) The Department, in cooperation with the
15 Illinois Environmental Protection Agency, shall provide
16 remedial project oversight, monitor remedial work
17 progress, and report to the Board on the status of the
18 remediation project.
19 (7) The Department shall, upon completion of the
20 corrective action plan and recommendation of the Board,
21 issue a notice of closure stating that no further
22 remedial action is required to remedy the past pesticide
23 contamination.
24 (g) When an owner or operator of an agrichemical
25 facility initiates a soil contamination assessment on the
26 owner's or operator's own volition and independent of any
27 requirement under this Section 19.3, information contained in
28 that assessment may be held as confidential information by
29 the owner or operator of the facility.
30 (Source: P.A. 89-94, eff. 7-6-95.)
31 (415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
32 Sec. 24.1. Administrative actions and penalties.
33 (1) The Director is authorized after an opportunity for
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1 an administrative hearing to suspend, revoke, or modify any
2 license, permit, special order, registration, or
3 certification issued under this Act. This action may be
4 taken in addition to or in lieu of monetary penalties
5 assessed as set forth in this Section. When it is in the
6 interest of the people of the State of Illinois, the Director
7 may, upon good and sufficient evidence, suspend the
8 registration, license, or permit until a hearing has been
9 held. In such cases, the Director shall issue an order in
10 writing setting forth the reasons for the suspension. Such
11 order shall be served personally on the person or by
12 registered or certified mail sent to the person's business
13 address as shown in the latest notification to the
14 Department. When such an order has been issued by the
15 Director, the person may request an immediate hearing.
16 (2) Before initiating hearing proceedings, the Director
17 may issue an advisory letter to a violator of this Act or its
18 rules and regulations when the violation points total 6 or
19 less, as determined by the Department by the Use and
20 Violation Criteria established in this Section. When the
21 Department determines that the violation points total more
22 than 6 but not more than 13, the Director shall issue a
23 warning letter to the violator.
24 (3) The hearing officer upon determination of a
25 violation or violations shall assess one or more of the
26 following penalties:
27 (A) For any person applying pesticides without a
28 license or misrepresenting certification or failing to
29 comply with conditions of an agrichemical facility permit
30 or failing to comply with the conditions of a written
31 authorization for land application of agrichemical
32 contaminated soils or groundwater, a penalty of $500
33 shall be assessed for the first offense and $1,000 for
34 the second and subsequent offenses.
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1 (B) For violations of a stop use order imposed by
2 the Director, the penalty shall be $2500.
3 (C) For violations of a stop sale order imposed by
4 the Director, the penalty shall be $1500 for each
5 individual item of the product found in violation of the
6 order.
7 (D) For selling restricted use pesticides to a
8 non-certified applicator the penalty shall be $1000.
9 (E) For selling restricted use pesticides without a
10 dealer's license the penalty shall be $1,000.
11 (F) For constructing or operating without an
12 agrichemical facility permit after receiving written
13 notification, the penalty shall be $500 for the first
14 offense and $1,000 for the second and subsequent
15 offenses.
16 (G) For violations of the Act and Rules and
17 Regulations, administrative penalties will be based upon
18 the total violation points as determined by the Use and
19 Violation Criteria as set forth in paragraph (4) of this
20 Section. The monetary penalties shall be as follows:
21 Total Violation Points Monetary Penalties
22 14-16 $750
23 17-19 $1000
24 20-21 $2500
25 22-25 $5000
26 26-29 $7500
27 30 and above $10,000
28 (4) The following Use and Violation Criteria establishes
29 the point value which shall be compiled to determine the
30 total violation points and administrative actions or monetary
31 penalties to be imposed as set forth in paragraph (3)(G) of
32 this Section:
33 (A) Point values shall be assessed upon the harm or
34 loss incurred.
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1 (1) A point value of 1 shall be assessed for
2 the following:
3 (a) Exposure to a pesticide by plants,
4 animals or humans with no symptoms or damage
5 noted.
6 (b) Fraudulent sales practices or
7 representations with no apparent monetary
8 losses involved.
9 (2) A point value of 2 shall be assessed for
10 the following:
11 (a) Exposure to a pesticide which
12 resulted in:
13 (1) Plants or property showing signs
14 of damage including but not limited to
15 leaf curl, burning, wilting, spotting,
16 discoloration, or dying.
17 (2) Garden produce or an
18 agricultural crop not being harvested on
19 schedule.
20 (3) Fraudulent sales practices or
21 representations resulting in losses under
22 $500.
23 (3) A point value of 4 shall be assessed for
24 the following:
25 (a) Exposure to a pesticide resulting in
26 a human experiencing headaches, nausea, eye
27 irritation and such other symptoms which
28 persisted less than 3 days.
29 (b) Plant or property damage resulting in
30 a loss below $1000.
31 (c) Animals exhibiting symptoms of
32 pesticide poisoning including but not limited
33 to eye or skin irritations or lack of
34 coordination.
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1 (d) Death to less than 5 animals.
2 (e) Fraudulent sales practices or
3 representations resulting in losses from $500
4 to $2000.
5 (4) A point value of 6 shall be assessed for
6 the following:
7 (a) Exposure to a pesticide resulting in
8 a human experiencing headaches, nausea, eye
9 irritation and such other symptoms which
10 persisted 3 or more days.
11 (b) Plant or property damage resulting in
12 a loss of $1000 or more.
13 (c) Death to 5 or more animals.
14 (d) Fraudulent sales practices or
15 representations resulting in losses over $2000.
16 (B) Point values shall be assessed based upon the
17 signal word on the label of the chemical involved:
18 Point Value Signal Word
19 1 Caution
20 2 Warning
21 4 Danger/Poison
22 (C) Point values shall be assessed based upon the
23 degree of responsibility.
24 Point Value Degree of Responsibility
25 2 Accidental (such as equipment
26 malfunction)
27 4 Negligence
28 10 Knowingly
29 (D) Point values shall be assessed based upon the
30 violator's history for the previous 3 years:
31 Point Value Record
32 2 Advisory letter
33 3 Warning letter
34 5 Previous criminal conviction
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1 of this Act or administrative
2 violation resulting in a
3 monetary penalty
4 7 Certification, license or
5 registration currently
6 suspended or revoked
7 (E) Point values shall be assessed based upon the
8 violation type:
9 (1) Application Oriented:
10 Point Value Violation
11 1 Inadequate records
12 2 Lack of supervision
13 2 Faulty equipment
14 Use contrary to label
15 directions:
16 2 a. resulting in exposure to
17 applicator or operator
18 3 b. resulting in exposure to
19 other persons or the
20 environment
21 3 c. precautionary statements,
22 sites, rates, restricted use
23 requirements
24 3 Water contamination
25 3 Storage or disposal contrary
26 to label directions
27 3 Pesticide drift
28 4 Direct application to a
29 non-target site
30 6 Falsification of records
31 6 Failure to secure a permit or
32 violation of permit or special
33 order
34 (2) Product Oriented:
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1 Point Value Violation
2 6 Pesticide not registered
3 4 Product label claims differ
4 from approved label
5 4 Product composition (active
6 ingredients differs from that
7 of approved label)
8 4 Product not colored as
9 required
10 4 Misbranding as set forth in
11 Sec. 5 of the Act (4 points
12 will be assessed for each
13 count)
14 (5) Any penalty not paid within 60 days of notice
15 from the Department shall be submitted to the Attorney
16 General's Office for collection. Failure to pay a
17 penalty shall also be grounds for suspension or
18 revocation of permits, licenses and registrations.
19 (6) Private applicators, except those private
20 applicators who have been found by the Department to have
21 committed a "use inconsistent with the label" as defined
22 in subsection 40 of Section 4 of this Act, are exempt
23 from the Use and Violation Criteria point values.
24 (Source: P.A. 87-128; 88-257.)