State of Illinois
92nd General Assembly
Legislation

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92_HB3332eng

 
HB3332 Engrossed                              LRB9204574LDprA

 1        AN ACT in relation to agrichemicals.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Environmental Protection Act  is  amended
 5    by changing Section 14.6 as follows:

 6        (415 ILCS 5/14.6) (from Ch. 111 1/2, par. 1014.6)
 7        Sec. 14.6.  Agrichemical facilities.
 8        (a)  Notwithstanding  the  provisions  of  Section  14.4,
 9    groundwater  protection  for  storage and related handling of
10    pesticides and fertilizers at a facility for the  purpose  of
11    commercial  application  or  at  a  central  location for the
12    purpose of  distribution  to  retail  sales  outlets  may  be
13    provided by adherence to the provisions of this Section.  For
14    any  such  activity  to  be  subject  to  this  Section,  the
15    following action must be taken by an owner or operator:
16             (1)  with  respect  to  agrichemical  facilities, as
17        defined by  the  Illinois  Pesticide  Act,  the  Illinois
18        Fertilizer Act and regulations adopted thereunder, file a
19        written  notice of intent to be subject to the provisions
20        of this Section with the  Department  of  Agriculture  by
21        January  1,  1993,  or  within 6 months after the date on
22        which  a  maximum  setback  zone  is  established  or   a
23        regulated   recharge  area  regulation  is  adopted  that
24        affects such a facility;
25             (2)  with respect to lawn care facilities  that  are
26        subject  to the wash water containment area provisions of
27        the Lawn Care Products Application and Notice Act and its
28        regulations, file  a  written  notice  of  intent  to  be
29        subject  to  the  provisions  of  this  Section  with the
30        Department of Agriculture by January 1, 1993, or within 6
31        months after the date on which a maximum setback zone  is
 
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 1        established  or  a  regulated recharge area regulation is
 2        adopted that affects such a facility;
 3             (3)  with respect to a central distribution location
 4        that is not an agrichemical facility, certify  intent  to
 5        be  subject  to  the  provisions  of  this Section on the
 6        appropriate license or renewal application form submitted
 7        to the Department of Agriculture; or
 8             (4)  with respect to any  other  affected  facility,
 9        certify  intent  to  be subject to the provisions of this
10        Section on  the  appropriate  renewal  application  forms
11        submitted  to  the  Department  of  Agriculture  or other
12        appropriate agency.
13        An owner or operator of a facility that takes the  action
14    described   in  this  subsection  shall  be  subject  to  the
15    provisions of this Section and shall not be  regulated  under
16    the  provisions  of  Section  14.4,  except  as  provided  in
17    subsection  (d)  of  this  Section  and  unless  a regulatory
18    program is not in effect by  January  1,  1994,  pursuant  to
19    subsection  (b)  or  (c)  of this Section.  The Department of
20    Agriculture or other appropriate agency shall provide  copies
21    of the written notices and certifications to the Agency.  For
22    the   purposes  of  this  subsection,  the  term  "commercial
23    application" shall not  include  the  use  of  pesticides  or
24    fertilizers  in  a  manner incidental to the primary business
25    activity.
26        (b)  The  Agency  and  Department  of  Agriculture  shall
27    cooperatively develop a program  for  groundwater  protection
28    for  designated  facilities  or  sites  consistent  with  the
29    activities  specified  in  subsection (a) of this Section. In
30    developing such a program, the Agency and the  Department  of
31    Agriculture  shall  consult  with affected interests and take
32    into account  relevant  information.  Based  on  such  agreed
33    program,   the   Department   of   Agriculture   shall  adopt
34    appropriate regulatory requirements by January 1,  1994,  for
 
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 1    the  designated facilities or sites and administer a program.
 2    At a minimum, the following considerations must be adequately
 3    addressed as part of such program:
 4             (1)  a  facility  review  process,  using  available
 5        information when appropriate, to  determine  those  sites
 6        where groundwater monitoring will be implemented;
 7             (2)  requirements for groundwater quality monitoring
 8        for sites identified under item (1);
 9             (3)  reporting,  response,  and  operating practices
10        for the types of designated facilities; and
11             (4)  requirements for closure or  discontinuance  of
12        operations.
13        (c)  The  Agency  may enter into a written agreement with
14    any  State  agency  to  operate  a  cooperative  program  for
15    groundwater protection for  designated  facilities  or  sites
16    consistent  with the activities specified in subparagraph (4)
17    of subsection (a) of this Section.  Such State  agency  shall
18    adopt  appropriate regulatory requirements for the designated
19    facilities or sites and necessary procedures and practices to
20    administer the program.
21        (d)  The Agency shall ensure that any  facility  that  is
22    subject  to  this  Section  is  in compliance with applicable
23    provisions as specified in subsection  (b)  or  (c)  of  this
24    Section.  To fulfill this responsibility, the Agency may rely
25    on  information  provided  by  another  State agency or other
26    information that is obtained on a direct basis. If a facility
27    is not in compliance with the  applicable  provisions,  or  a
28    deficiency  in  the  execution  of  a  program affects such a
29    facility, the Agency may  so  notify  the  facility  of  this
30    condition and shall provide 30 days for a written response to
31    be filed.  The response may describe any actions taken by the
32    owner which relate to the condition of noncompliance.  If the
33    response  is  deficient  or  untimely, the Agency shall serve
34    notice upon the owner that the facility  is  subject  to  the
 
HB3332 Engrossed            -4-               LRB9204574LDprA
 1    applicable  provisions  of  Section  14.4  of  this  Act  and
 2    regulations adopted thereunder.
 3        (e)  After  January  1, 1993, and before January 1, 1994,
 4    an owner or operator of a facility that  is  subject  to  the
 5    provisions  of  this  Section  may  withdraw the notice given
 6    under subsection (a) of this  Section  by  filing  a  written
 7    withdrawal  statement  with  the  Department  of Agriculture.
 8    Within 45 days after such filing and after consultation  with
 9    the  Agency,  the  Department  of  Agriculture  shall provide
10    written confirmation  to  the  owner  or  operator  that  the
11    facility  is  no  longer  subject  to  the provisions of this
12    Section and must comply with  the  applicable  provisions  of
13    Section   14.4   within   90   days   after  receipt  of  the
14    confirmation. The Department  of  Agriculture  shall  provide
15    copies of the written confirmations to the Agency.
16        (f)  After January 1, 1994, and before one year after the
17    date  on  which  a  maximum  setback zone is established or a
18    regulated recharge area regulation is adopted that affects  a
19    facility  subject to the provisions of this Section, an owner
20    or operator of such a facility may withdraw the notice  given
21    under  subsection  (a)  of  this  Section by filing a written
22    withdrawal statement  with  the  Department  of  Agriculture.
23    Within  45 days after such filing and after consultation with
24    the Agency,  the  Department  of  Agriculture  shall  provide
25    written  confirmation  to  the  owner  or  operator  that the
26    facility is no longer  subject  to  the  provisions  of  this
27    Section  and  must  comply  with the applicable provisions of
28    Section  14.4  within  90   days   after   receipt   of   the
29    confirmation.  The  Department  of  Agriculture shall provide
30    copies of the written confirmations to the Agency.
31        (g)  On or after the effective date  of  this  amendatory
32    Act of 1994, an owner or operator of an agrichemical facility
33    that  is  subject  to  the  provisions  of  Section  14.4 and
34    regulations adopted thereunder solely because of the presence
 
HB3332 Engrossed            -5-               LRB9204574LDprA
 1    of an on-site  potable  water  supply  well  that  is  not  a
 2    non-community water supply may file a written notice with the
 3    Department  of  Agriculture  by January 1, 1995 declaring the
 4    facility to be subject to the  provisions  of  this  Section.
 5    When  that  action  is  taken, the regulatory requirements of
 6    subsection (b) of this Section shall be applicable  beginning
 7    January  1,  1995.   During  the  period from January 1, 1993
 8    through December 31, 1994, any  facility  described  in  this
 9    subsection  shall  not be subject to regulation under Section
10    14.4 of  this  Act.   Beginning  on  January  1,  1995,  such
11    facilities  shall  be  subject to either Section 14.4 or this
12    Section depending on the action taken under this  subsection.
13    An  owner  or  operator  of  an agrichemical facility that is
14    subject to this Section because a written  notice  was  filed
15    under this subsection shall do all of the following:
16             (1)  File   a   facility   review  report  with  the
17        Department of Agriculture on or before February 28,  1995
18        consistent with the regulatory requirements of subsection
19        (b) of this Section.
20             (2)  Implement an approved monitoring program within
21        120  days  of  receipt of the Department of Agriculture's
22        determination or a notice to proceed from the  Department
23        of   Agriculture.    The   monitoring  program  shall  be
24        consistent with the requirements  of  subsection  (b)  of
25        this Section.
26             (3)  Implement applicable operational and management
27        practice  requirements and submit a permit application or
28        modification to  meet  applicable  structural  provisions
29        consistent  with  those in subsection (b) of this Section
30        on or before July 1, 1995 and  complete  construction  of
31        applicable  structural  requirements on or before January
32        1, 1996.
33    Notwithstanding the provisions of this subsection,  an  owner
34    or  operator  of  an agrichemical facility that is subject to
 
HB3332 Engrossed            -6-               LRB9204574LDprA
 1    the  provisions  of  Section  14.4  and  regulations  adopted
 2    thereunder solely because  of  the  presence  of  an  on-site
 3    private  potable  water supply well may file a written notice
 4    with the Department of Agriculture  before  January  1,  1995
 5    requesting  a release from the provisions of Section 14.4 and
 6    this Section.  Upon receipt of a  request  for  release,  the
 7    Department  of  Agriculture  shall  conduct  a  site visit to
 8    confirm the private potable use  of  the  on-site  well.   If
 9    private  potable  use  is  confirmed,  the  Department  shall
10    provide  written  notice  to  the  owner  or  operator of the
11    agrichemical facility that  the  facility  is  released  from
12    compliance  with  the  provisions  of  Section  14.4 and this
13    Section.  If  private  potable  use  is  not  confirmed,  the
14    Department of Agriculture shall provide written notice to the
15    owner  or operator that a release cannot be given.  No action
16    in  this  subsection  shall  be  precluded  by  the   on-site
17    non-potable  use  of  water  from  an on-site private potable
18    water supply well.
19    (Source: P.A. 87-1108; 88-496; 88-571, eff. 8-11-94.)

20        Section 10.  The Illinois Pesticide  Act  is  amended  by
21    changing Sections 4, 19, and 19.3 as follows:

22        (415 ILCS 60/4) (from Ch. 5, par. 804)
23        Sec. 4.  Definitions.  As used in this Act:
24        1.  "Director"  means Director of the Illinois Department
25    of Agriculture or his authorized representative.
26        2.  "Active Ingredient" means any ingredient  which  will
27    prevent,  destroy, repel, control or mitigate a pest or which
28    will act as a plant regulator, defoliant or desiccant.
29        3.  "Adulterated" shall apply to  any  pesticide  if  the
30    strength  or  purity  is  not  within the standard of quality
31    expressed on the labeling under which it is sold, distributed
32    or used, including any substance which has  been  substituted
 
HB3332 Engrossed            -7-               LRB9204574LDprA
 1    wholly  or  in  part  for  the  pesticide as specified on the
 2    labeling under which it is sold, distributed or used,  or  if
 3    any  valuable constituent of the pesticide has been wholly or
 4    in part abstracted.
 5        4.  "Agricultural Commodity" means produce  of  the  land
 6    including   but  not  limited  to  plants  and  plant  parts,
 7    livestock and poultry  and  livestock  or  poultry  products,
 8    seeds,  sod, shrubs and other products of agricultural origin
 9    including the premises necessary  to  and  used  directly  in
10    agricultural production. Agricultural commodity also includes
11    aquatic  products  as  defined in the Aquaculture Development
12    Act.
13        5.  "Animal"  means  all  vertebrate   and   invertebrate
14    species including, but not limited to, man and other mammals,
15    bird, fish, and shellfish.
16        6.  "Beneficial Insects" means those insects which during
17    their   life  cycle  are  effective  pollinators  of  plants,
18    predators of pests or are otherwise beneficial.
19        7.  "Certified applicator".
20             A.  "Certified applicator" means any individual  who
21        is   certified  under  this  Act  to  purchase,  use,  or
22        supervise the use of pesticides which are classified  for
23        restricted use.
24             B.  "Private    applicator"    means   a   certified
25        applicator who purchases, uses, or supervises the use  of
26        any  pesticide  classified  for  restricted  use, for the
27        purpose  of  producing  any  agricultural  commodity   on
28        property owned, rented, or otherwise controlled by him or
29        his  employer,  or  applied  to  other  property  if done
30        without  compensation  other  than  trading  of  personal
31        services between no more than 2 producers of agricultural
32        commodities.
33             C.  "Licensed   Commercial   Applicator"   means   a
34        certified applicator, whether or  not  he  is  a  private
 
HB3332 Engrossed            -8-               LRB9204574LDprA
 1        applicator with respect to some uses, who owns or manages
 2        a  business  that  is  engaged  in  applying  pesticides,
 3        whether  classified  for  general  or restricted use, for
 4        hire.  The term also applies to  a  certified  applicator
 5        who  uses  or  supervises  the use of pesticides, whether
 6        classified for general or restricted use, for any purpose
 7        or on property of others  excluding  those  specified  by
 8        subparagraphs 7 (B), (D), (E) of Section 4 of this Act.
 9             D.  "Commercial  Not  For  Hire  Applicator" means a
10        certified applicator who uses or supervises  the  use  of
11        pesticides  classified  for general or restricted use for
12        any purpose on property of an employer when such activity
13        is a requirement of the  terms  of  employment  and  such
14        application  of  pesticides  under  this certification is
15        limited to property under the  control  of  the  employer
16        only  and  includes,  but  is  not limited to, the use or
17        supervision of the use  of  pesticides  in  a  greenhouse
18        setting.
19             E.  "Licensed  Public  Applicator" means a certified
20        applicator who uses or supervises the use  of  pesticides
21        classified  for  general or restricted use as an employee
22        of  a  state  agency,   municipality,   or   other   duly
23        constituted governmental agency or unit.
24        8.  "Defoliant"  means  any  substance  or combination of
25    substances which cause leaves or foliage to drop from a plant
26    with or without causing abscission.
27        9.  "Desiccant" means any  substance  or  combination  of
28    substances  intended for artificially accelerating the drying
29    of plant tissue.
30        10.  "Device" means any instrument or contrivance,  other
31    than  a  firearm  or  equipment for application of pesticides
32    when sold separately from pesticides, which is  intended  for
33    trapping,  repelling,  destroying,  or  mitigating  any pest,
34    other than bacteria, virus, or  other  microorganisms  on  or
 
HB3332 Engrossed            -9-               LRB9204574LDprA
 1    living in man or other living animals.
 2        11.  "Distribute"  means  offer  or  hold for sale, sell,
 3    barter, ship, deliver for shipment, receive and then deliver,
 4    or offer to deliver pesticides, within the State.
 5        12.  "Environment" includes water,  air,  land,  and  all
 6    plants  and  animals  including  man,  living therein and the
 7    interrelationships which exist among these.
 8        13.  "Equipment"  means  any  type  of  instruments   and
 9    contrivances  using  motorized,  mechanical or pressure power
10    which is used to apply any pesticide,  excluding  pressurized
11    hand-size  household  apparatus  containing  dilute  ready to
12    apply pesticide or used to apply household pesticides.
13        14.  "FIFRA" means  the  "Federal  Insecticide  Fungicide
14    Rodenticide Act", as amended.
15        15.  "Fungi"    means    any    non-chlorophyll   bearing
16    thallophytes, any non-chlorophyll bearing plant  of  a  lower
17    order  than  mosses or liverworts, as for example rust, smut,
18    mildew, mold, yeast and  bacteria,  except  those  on  or  in
19    living  animals  including  man  and those on or in processed
20    foods, beverages or pharmaceuticals.
21        16.  "Household   Substance"    means    any    pesticide
22    customarily  produced  and distributed for use by individuals
23    in or about the household.
24        17.  "Imminent Hazard" means  a  situation  which  exists
25    when  continued  use  of  a  pesticide would likely result in
26    unreasonable  adverse  effect  on  the  environment  or  will
27    involve unreasonable hazard to  the  survival  of  a  species
28    declared  endangered by the U.S. Secretary of the Interior or
29    to  species  declared  to  be  protected  by   the   Illinois
30    Department of Natural Resources.
31        18.  "Inert  Ingredient" means an ingredient which is not
32    an active ingredient.
33        19.  "Ingredient Statement" means a statement of the name
34    and percentage of each active ingredient  together  with  the
 
HB3332 Engrossed            -10-              LRB9204574LDprA
 1    total  percentage of inert ingredients in a pesticide and for
 2    pesticides containing arsenic in  any  form,  the  ingredient
 3    statement shall include percentage of total and water soluble
 4    arsenic,  each  calculated as elemental arsenic.  In the case
 5    of spray adjuvants the ingredient statement need contain only
 6    the names of the functioning agents and the total percent  of
 7    those constituents ineffective as spray adjuvants.
 8        20.  "Insect"   means   any   of   the   numerous   small
 9    invertebrate  animals  generally having the body more or less
10    obviously segmented for the most part belonging to the  class
11    Insects,  comprised  of  six-legged, usually winged forms, as
12    for  example  beetles,   caterpillars,   and   flies.    This
13    definition  encompasses  other  allied  classes of arthropods
14    whose members are wingless and usually have more than 6  legs
15    as   for  example  spiders,  mites,  ticks,  centipedes,  and
16    millipedes.
17        21.  "Label" means the written, printed or graphic matter
18    on or attached to the pesticide  or  device  or  any  of  its
19    containers or wrappings.
20        22.  "Labeling"  means  the  label and all other written,
21    printed or graphic matter:  (a) on the pesticide or device or
22    any of its containers or  wrappings,   (b)  accompanying  the
23    pesticide  or  device  or  referring to it in any other media
24    used to disseminate information to the public, (c)  to  which
25    reference  is  made  to  the  pesticide or device except when
26    references are made to current official publications  of  the
27    U.   S.   Environmental  Protection  Agency,  Departments  of
28    Agriculture, Health, Education and Welfare or  other  Federal
29    Government  institutions,  the  state  experiment  station or
30    colleges of agriculture or other  similar  state  institution
31    authorized to conduct research in the field of pesticides.
32        23.  "Land"  means  all  land  and  water  area including
33    airspace, and all  plants,  animals,  structures,  buildings,
34    contrivances,  and  machinery appurtenant thereto or situated
 
HB3332 Engrossed            -11-              LRB9204574LDprA
 1    thereon,  fixed   or   mobile,   including   any   used   for
 2    transportation.
 3        24.  "Licensed Operator" means a person employed to apply
 4    pesticides  to  the  lands of others under the direction of a
 5    "licensed  commercial  applicator"  or  a  "licensed   public
 6    applicator"    or   a   "licensed   commercial   not-for-hire
 7    applicator".
 8        25.  "Nematode" means invertebrate animals of the  phylum
 9    nemathelminthes and class nematoda, also referred to as nemas
10    or  eelworms, which are unsegmented roundworms with elongated
11    fusiform  or  sac-like  bodies  covered  with   cuticle   and
12    inhabiting soil, water, plants or plant parts.
13        26.  "Permit"  means  a  written  statement issued by the
14    Director or his authorized agent, authorizing certain acts of
15    pesticide purchase or of pesticide use or  application  on  a
16    interim basis prior to normal certification, registration, or
17    licensing.
18        27.  "Person"    means   any   individual,   partnership,
19    association, fiduciary, corporation, or any  organized  group
20    of persons whether incorporated or not.
21        28.  "Pest"  means  (a)  any  insect,  rodent,  nematode,
22    fungus, weed, or (b) any other form of terrestrial or aquatic
23    plant   or   animal   life   or  virus,  bacteria,  or  other
24    microorganism,   excluding   virus,   bacteria,   or    other
25    microorganism  on  or  in living animals including man, which
26    the Director declares to be a pest.
27        29.  "Pesticide"  means  any  substance  or  mixture   of
28    substances intended for preventing, destroying, repelling, or
29    mitigating any pest or any substance or mixture of substances
30    intended   for   use  as  a  plant  regulator,  defoliant  or
31    desiccant.
32        30.  "Pesticide Dealer" means any person who  distributes
33    registered pesticides to the user.
34        31.  "Plant  Regulator" means any substance or mixture of
 
HB3332 Engrossed            -12-              LRB9204574LDprA
 1    substances intended through physiological  action  to  affect
 2    the  rate  of  growth  or  maturation or  otherwise alter the
 3    behavior of ornamental or crop plants or the produce thereof.
 4    This does not include substances which are  not  intended  as
 5    plant  nutrient  trace elements, nutritional chemicals, plant
 6    or seed inoculants or soil conditioners or amendments.
 7        32.  "Protect Health  and  Environment"  means  to  guard
 8    against any unreasonable adverse effects on the environment.
 9        33.  "Registrant"  means  person  who  has registered any
10    pesticide pursuant to the provision of FIFRA and this Act.
11        34.  "Restricted Use Pesticide" means any pesticide  with
12    one  or more of its uses classified as restricted by order of
13    the Administrator of USEPA.
14        35.  "SLN Registration" means registration of a pesticide
15    for use under conditions of special local need as defined  by
16    FIFRA.
17        36.  "State Restricted Pesticide Use" means any pesticide
18    use  which  the  Director  determines,  subsequent  to public
19    hearing, that an  additional  restriction  for  that  use  is
20    needed to prevent unreasonable adverse effects.
21        37.  "Structural  Pest"  means any pests which attack and
22    destroy  buildings  and  other  structures  or  which  attack
23    clothing,   stored   food,   commodities   stored   at   food
24    manufacturing and processing facilities or  manufactured  and
25    processed goods.
26        38.  "Unreasonable  Adverse  Effects  on the Environment"
27    means the unreasonable risk  to  the  environment,  including
28    man,  from the use of any pesticide, when taking into account
29    accrued benefits of as well  as  the  economic,  social,  and
30    environmental costs of its use.
31        39.  "USEPA" means United States Environmental Protection
32    Agency.
33        40.  "Use  inconsistent  with  the  label" means to use a
34    pesticide  in  a  manner  not  consistent  with   the   label
 
HB3332 Engrossed            -13-              LRB9204574LDprA
 1    instruction,  the  definition adopted in FIFRA as interpreted
 2    by USEPA shall apply in Illinois.
 3        41.  "Weed" means any plant growing in a place  where  it
 4    is not wanted.
 5        42.  "Wildlife"  means  all  living  things,  not  human,
 6    domestic, or pests.
 7        43.  "Bulk  pesticide"  means  any  registered  pesticide
 8    which  is  transported  or held in an individual container in
 9    undivided quantities of greater than 55 U.S.  gallons  liquid
10    measure or 100 pounds net dry weight.
11        44.  "Bulk   repackaging"   means   the   transfer  of  a
12    registered pesticide  from  one  bulk  container  (containing
13    undivided  quantities of greater than 100 U.S. gallons liquid
14    measure or  100  pounds  net  dry  weight)  to  another  bulk
15    container  (containing  undivided  quantities of greater than
16    100 U.S. gallons liquid measure or 100 pounds net dry weight)
17    in an unaltered state in preparation for sale or distribution
18    to another person.
19        45.  "Business"  means   any   individual,   partnership,
20    corporation  or  association  engaged in a business operation
21    for the purpose of  selling  or  distributing  pesticides  or
22    providing  the  service  of application of pesticides in this
23    State.
24        46.  "Facility" means any building or structure  and  all
25    real  property  contiguous  thereto,  including all equipment
26    fixed thereon used for the operation of the business.
27        47.  "Chemigation" means the application of  a  pesticide
28    through  the  systems  or  equipment employed for the primary
29    purpose of irrigation of land and crops.
30        48.  "Use" means any activity covered  by  the  pesticide
31    label  including but not limited to application of pesticide,
32    mixing  and  loading,  storage  of  pesticides  or  pesticide
33    containers, disposal of pesticides and  pesticide  containers
34    and reentry into treated sites or areas.
 
HB3332 Engrossed            -14-              LRB9204574LDprA
 1    (Source: P.A. 89-445, eff. 2-7-96.)

 2        (415 ILCS 60/19) (from Ch. 5, par. 819)
 3        Sec.  19.   Interagency  Committee  on  Pesticides.   The
 4    Director  is authorized to create an interagency committee on
 5    pesticides.  Its purpose is to study and advise on the use of
 6    pesticides on State property.  Also, its purpose is to advise
 7    any State agency in connection with  quarantine  programs  or
 8    the  protection  of  the  public  health  and welfare, and to
 9    recommend needed legislation concerning pesticides.
10        1.  An interagency committee on pesticides shall  consist
11    of:   (1)  the Director of the Department of Agriculture, (2)
12    the Director of Natural Resources, (3) the  Director  of  the
13    Environmental  Protection  Agency,  (4)  the  Director of the
14    Department  of  Public  Health,  (5)  the  Secretary  of  the
15    Department of Transportation, (6)  the  Chief  of  the  State
16    Natural  History  Survey  and  (7) the Dean of the College of
17    Agriculture, University of  Illinois.   Each  member  of  the
18    committee  may  designate  some  person  in his department to
19    serve on the committee in his stead.   Other  State  agencies
20    may,  at the discretion of the Director, be asked to serve on
21    the interagency committee on pesticides.  The Director of the
22    Department  of  Agriculture  shall  be   chairman   of   this
23    committee.
24        2.  The  interagency  committee  shall:   (1)  Review the
25    current status of the sales and use of pesticides within  the
26    State  of  Illinois.  (2)  Review  pesticide  programs  to be
27    sponsored or directed by a governmental agency. (3)  Consider
28    the  problems  arising  from  pesticide  use  with particular
29    emphasis on the possible adverse  effects  on  human  health,
30    livestock,  crops,  fish,  and  wildlife, business, industry,
31    agriculture, or the general public. (4) Recommend legislation
32    to the Governor, if  appropriate,  which  will  prohibit  the
33    irresponsible   use  of  pesticides.  (5)  Review  rules  and
 
HB3332 Engrossed            -15-              LRB9204574LDprA
 1    regulations pertaining to the regulation  or  prohibition  of
 2    the  sale,  use  or application of pesticides and labeling of
 3    pesticides for approval prior to promulgation  and  adoption.
 4    (6)  Contact  various  experts  and  lay  groups, such as the
 5    Illinois Pesticide Control Committee, to obtain  their  views
 6    and  cooperation.  (7)  Advise on and approve of all programs
 7    involving the use of  pesticides  on  State  owned  property,
 8    state controlled property, or administered by State agencies.
 9    This  shall not be construed to include research programs, or
10    the generally accepted and approved  practices  essential  to
11    good farm and institutional management on the premises of the
12    various State facilities.
13        3.  Members   of   this   committee   shall   receive  no
14    compensation for their services as members of this  committee
15    other   than  that  provided  by  law  for  their  respective
16    positions with the State of Illinois.  All necessary expenses
17    for travel of the committee members  shall  be  paid  out  of
18    regular appropriations of their respective agencies.
19        4.  The  committee  shall meet at least once each quarter
20    of the calendar year, and may hold additional  meetings  upon
21    the  call  of  the chairman.  Four members shall constitute a
22    quorum.
23        5.  The committee shall make a  detailed  report  of  its
24    findings  and  recommendations  to  the  Governor of Illinois
25    prior to each General Assembly Session.
26        6.  The Interagency Committee on Pesticides shall,  at  a
27    minimum,  annually,  during  the  spring, conduct a statewide
28    public education campaign  and  agriculture  chemical  safety
29    campaign  to inform the public about pesticide products, uses
30    and safe disposal techniques.  A toll-free  hot  line  number
31    shall  be  made  available  for  the  public to report misuse
32    cases.
33        The Committee shall include in  its  educational  program
34    information   and   advice   about  the  effects  of  various
 
HB3332 Engrossed            -16-              LRB9204574LDprA
 1    pesticides and application techniques  upon  the  groundwater
 2    and drinking water of the State.
 3        7.  The Interagency Committee on Pesticides shall conduct
 4    a  special  study  of  the  effects  of chemigation and other
 5    agricultural applications of pesticides upon the  groundwater
 6    of  this  State.  The results of such study shall be reported
 7    to the General Assembly by March 1, 1989.  The members of the
 8    Committee may utilize the technical and clerical resources of
 9    their respective departments and  agencies  as  necessary  or
10    useful in the conduct of the study.
11        8.  In  consultation  with the Interagency Committee, the
12    Department shall develop, and the Interagency Committee shall
13    approve, procedures, methods, and guidelines  for  addressing
14    agrichemical    pesticide   contamination   at   agrichemical
15    facilities in  Illinois.   In  developing  those  procedures,
16    methods,  and  guidelines,  the following shall be considered
17    and addressed: (1)  an  evaluation  and  assessment  of  site
18    conditions   and   operational   practices   at  agrichemical
19    facilities where agricultural  pesticides  are  handled;  (2)
20    what  constitutes pesticide contamination; (3) cost effective
21    procedures for site assessments and technologies for remedial
22    action; and (4) achievement of adequate protection of  public
23    health  and  the  environment  from  such actual or potential
24    hazards.  In consultation with the Interagency Committee, the
25    Department shall develop, and the Interagency Committee shall
26    approve, guidelines and recommendations regarding  long  term
27    financial  resources  which  may  be  necessary  to remediate
28    pesticide  contamination  at   agrichemical   facilities   in
29    Illinois.   The   Department,   in   consultation   with  the
30    Interagency  Committee,  shall  present  a  report  on  those
31    guidelines  and  recommendations  to  the  Governor  and  the
32    General  Assembly  on  or  before  January  1,   1993.    The
33    Department  and  the Interagency Committee shall consult with
34    the  Illinois   Pesticide   Control   Committee   and   other
 
HB3332 Engrossed            -17-              LRB9204574LDprA
 1    appropriate parties during this development process.
 2        9.  As  part  of  the  consideration  of  cost  effective
 3    technologies  pursuant  to  subsection 8 of this Section, the
 4    Department may, upon request, provide a written authorization
 5    to the owner or operator of an agrichemical facility for land
 6    application of agrichemical contaminated soils  at  agronomic
 7    rates.   As   used  in  this  Section,  "agrichemical"  means
 8    pesticides or  commercial  fertilizers,  at  an  agrichemical
 9    facility,  in  transit  from  an agrichemical facility to the
10    field of application, or at the  field  of  application.  The
11    written authorization may also provide for use of groundwater
12    contaminated  by  the  on-site  release  of  an agrichemical,
13    provided that the groundwater is not also contaminated due to
14    the release of a petroleum  product  or  hazardous  substance
15    other   than  an  agrichemical.   The  uses  of  agrichemical
16    contaminated groundwater authorized by the  Department  shall
17    be  limited  to  supervised  application  or  irrigation onto
18    farmland and blending as make-up water in the preparation  of
19    agrichemical  spray  solutions  that  are  to  be  applied to
20    farmland.  In  either  case,  the  use  of  the  agrichemical
21    contaminated  water  shall  not  cause  (i)  the total annual
22    application amounts of a pesticide to exceed  the  respective
23    pesticide  label  application rate on any authorized sites or
24    (ii) the total annual application amounts of a fertilizer  to
25    exceed  the generally accepted annual application rate on any
26    authorized  sites.  All   authorizations    shall   prescribe
27    appropriate operational control practices to protect the site
28    of  application  and  shall identify each site or sites where
29    land   application   or   irrigation   take   place.    Where
30    agrichemical contaminated groundwater is  used  on  farmland,
31    the   prescribed  practices  shall  be  designed  to  prevent
32    off-site  runoff  or  conveyance  through  underground   tile
33    systems.    The  Department  shall  periodically  advise  the
34    Interagency  Committee  regarding  the   issuance   of   such
 
HB3332 Engrossed            -18-              LRB9204574LDprA
 1    authorizations   and   the   status   of  compliance  at  the
 2    application sites.
 3    (Source: P.A. 88-257; 88-512;  88-513;  89-94,  eff.  7-6-95;
 4    89-445, eff. 2-7-96.)

 5        (415 ILCS 60/19.3)
 6        Sec.   19.3.  Agrichemical   Facility   Response   Action
 7    Program.
 8        (a)  It  is  the  policy of the State of Illinois that an
 9    Agrichemical Facility Response Action Program be  implemented
10    to  reduce  potential  agrichemical  pesticide  pollution and
11    minimize environmental degradation risk  potential  at  these
12    sites.  In this Section, "agrichemical facility" means a site
13    where  agrichemicals  agricultural  pesticides  are stored or
14    handled, or both, in preparation for end use.   "Agrichemical
15    facility"  does  not  include  basic manufacturing or central
16    distribution sites utilized only for wholesale  purposes.  As
17    used  in  this  Section,  "agrichemical"  means pesticides or
18    commercial fertilizers at an agrichemical facility.
19        The program shall  provide  guidance  for  assessing  the
20    threat   of   soil  agrichemical  pesticide  contaminants  to
21    groundwater and recommending which sites need to establish  a
22    voluntary corrective action program.
23        The  program  shall  establish  appropriate site-specific
24    soil  cleanup  objectives,  which  shall  be  based  on   the
25    potential for the agrichemical pesticide contaminants to move
26    from  the  soil  to  groundwater  and  the  potential  of the
27    specific soil agrichemical pesticide contaminants to cause an
28    exceedence of a Class I  or  Class  III  groundwater  quality
29    standard  or  a  health advisory level.  The Department shall
30    use the information found and  procedures  developed  in  the
31    Agrichemical  Facility  Site  Contamination  Study  or  other
32    appropriate   physical   evidence   to   establish  the  soil
33    agrichemical  pesticide  contaminant  levels  of  concern  to
 
HB3332 Engrossed            -19-              LRB9204574LDprA
 1    groundwater in the various hydrological settings to establish
 2    site-specific cleanup objectives.
 3        No remediation of a site may be  recommended  unless  (i)
 4    the  agrichemical  pesticide  contamination level in the soil
 5    exceeds the site-specific  cleanup  objectives  or  (ii)  the
 6    agrichemical  pesticide contaminant level in the soil exceeds
 7    levels where physical evidence and risk evaluation  indicates
 8    probability   of   the   site  causing  an  exceedence  of  a
 9    groundwater quality standard.
10        When a remediation plan must be carried out over a number
11    of years due to limited financial resources of the  owner  or
12    operator   of   the   agrichemical   facility,   those   soil
13    agrichemical  pesticide  contaminated  areas  that  have  the
14    greatest  potential  to  adversely  impact vulnerable Class I
15    groundwater aquifers and adjacent potable water  wells  shall
16    receive the highest priority rating and be remediated first.
17        (b)  The  Agrichemical  Facility  Response Action Program
18    Board ("the Board")  is  created.  The  Board  members  shall
19    consist of the following:
20             (1)  The Director or the Director's designee.
21             (2)  One    member    who    represents    pesticide
22        manufacturers.
23             (3)  Two  members  who represent retail agrichemical
24        dealers.
25             (4)  One   member   who   represents    agrichemical
26        distributors.
27             (5)  One member who represents active farmers.
28             (6)  One member at large.
29        The public members of the Board shall be appointed by the
30    Governor for terms of 2 years. Those persons on the Board who
31    represent   pesticide  manufacturers,  agrichemical  dealers,
32    agrichemical distributors, and farmers shall be selected from
33    recommendations made by  the  associations  whose  membership
34    reflects those specific areas of interest. The members of the
 
HB3332 Engrossed            -20-              LRB9204574LDprA
 1    Board  shall  be appointed within 90 days after the effective
 2    date of this amendatory Act of 1995. Vacancies on  the  Board
 3    shall  be  filled  within  30  days.  The  Board may fill any
 4    membership position vacant for a period exceeding 30 days.
 5        The members of the Board shall be paid  no  compensation,
 6    but  shall  be  reimbursed  for  their  expenses  incurred in
 7    performing their duties.  If a civil proceeding is  commenced
 8    against  a  Board  member  arising  out of an act or omission
 9    occurring within the scope of the Board member's  performance
10    of  his  or  her  duties  under  this  Section, the State, as
11    provided by rule, shall indemnify the Board  member  for  any
12    damages  awarded and court costs and attorney's fees assessed
13    as part of a final and unreversed judgement, or shall pay the
14    judgment, unless the court or jury finds that the conduct  or
15    inaction  that  gave rise to the claim or cause of action was
16    intentional, wilful or wanton misconduct and was not intended
17    to serve or benefit interests of the State.
18        The chairperson of the Board shall  be  selected  by  the
19    Board from among the public members.
20        (c)  The Board has the authority to do the following:
21             (1)  Cooperate  with  the  Department and review and
22        approve an agrichemical facility remediation  program  as
23        outlined  in  the  handbook  or  manual  as  set forth in
24        subdivision (d)(8) of this Section.
25             (2)  Review  and  give  final   approval   to   each
26        agrichemical facility corrective action plan.
27             (3)  Approve   any   changes   to   an  agrichemical
28        facility's corrective action plan that may be necessary.
29             (4)  Upon completion of the corrective action  plan,
30        recommend   to  the  Department  that  the  site-specific
31        cleanup objectives have been met and  that  a  notice  of
32        closure  be  issued  by  the  Department  stating that no
33        further remedial action is required to  remedy  the  past
34        agrichemical pesticide contamination.
 
HB3332 Engrossed            -21-              LRB9204574LDprA
 1             (5)  When  a soil agrichemical pesticide contaminant
 2        assessment confirms that remedial action is not  required
 3        in  accordance  with  the  Agrichemical Facility Response
 4        Action Program, recommend that a  notice  of  closure  be
 5        issued by the Department stating that no further remedial
 6        action  is  required  to  remedy  the  past  agrichemical
 7        pesticide contamination.
 8             (6)  Periodically     review     the    Department's
 9        administration  of  the  Agrichemical  Incident  Response
10        Trust Fund and actions taken with respect  to  the  Fund.
11        The  Board  shall  also provide advice to the Interagency
12        Committee on Pesticides regarding the proper handling  of
13        agrichemical  incidents  at  agrichemical  facilities  in
14        Illinois.
15        (d)  The Director has the authority to do the following:
16             (1)  When  requested  by the owner or operator of an
17        agrichemical facility, may investigate  the  agrichemical
18        facility site contamination.
19             (2)  After  completion  of  the  investigation under
20        subdivision (d)(1) of  this  Section,  recommend  to  the
21        owner  or  operator  of  an  agrichemical facility that a
22        voluntary assessment be made  of  the  soil  agrichemical
23        pesticide  contaminant  when  there  is evidence that the
24        evaluation of risk indicates that  groundwater  could  be
25        adversely impacted.
26             (3)  Review   and   make   recommendations   on  any
27        corrective action plan submitted by the owner or operator
28        of an  agrichemical  facility  to  the  Board  for  final
29        approval.
30             (4)  On approval by the Board, issue an order to the
31        owner  or  operator  of an agrichemical facility that has
32        filed a voluntary corrective action plan that  the  owner
33        or operator may proceed with that plan.
34             (5)  Provide  remedial  project  oversight,  monitor
 
HB3332 Engrossed            -22-              LRB9204574LDprA
 1        remedial  work  progress,  and report to the Board on the
 2        status of remediation projects.
 3             (6)  Provide staff to support the activities of  the
 4        Board.
 5             (7)  Take   appropriate   action   on   the  Board's
 6        recommendations regarding policy needed to carry out  the
 7        Board's responsibilities under this Section.
 8             (8)  In  cooperation with the Board, incorporate the
 9        following into a handbook or manual:  the procedures  for
10        site  assessment;  pesticide  constituents of concern and
11        associated   parameters;    guidance    on    remediation
12        techniques,   land  application,  and  corrective  action
13        plans; and other information  or  instructions  that  the
14        Department may find necessary.
15             (9)  Coordinate   preventive   response  actions  at
16        agrichemical  facilities  pursuant  to  the   Groundwater
17        Quality  Standards  adopted  pursuant to Section 8 of the
18        Illinois Groundwater Protection Act to mitigate  resource
19        groundwater impairment.
20        Upon  completion  of  the corrective action plan and upon
21    recommendation of the Board, the  Department  shall  issue  a
22    notice   of   closure   stating  that  site-specific  cleanup
23    objectives have been met and no further  remedial  action  is
24    required   to   remedy   the   past   agrichemical  pesticide
25    contamination.
26        When a soil agrichemical pesticide contaminant assessment
27    confirms that remedial action is not required  in  accordance
28    with  the  Agrichemical  Facility Response Action Program and
29    upon the recommendation of the Board,  a  notice  of  closure
30    shall  be  issued  by  the Department stating that no further
31    remedial action is required to remedy the  past  agrichemical
32    pesticide contamination.
33        (e)  Upon  receipt  of  notification  of  an agrichemical
34    pesticide  contaminant  in  groundwater   pursuant   to   the
 
HB3332 Engrossed            -23-              LRB9204574LDprA
 1    Groundwater  Quality Standards, the Department shall evaluate
 2    the severity of the agrichemical pesticide contamination  and
 3    shall  submit  to  the  Environmental  Protection  Agency  an
 4    informational notice characterizing it as follows:
 5             (1)  An  agrichemical pesticide contaminant in Class
 6        I or Class III groundwater has exceeded the levels  of  a
 7        standard  adopted  pursuant  to  the Illinois Groundwater
 8        Protection Act or a health advisory  established  by  the
 9        Illinois  Environmental  Protection  Agency or the United
10        States Environmental Protection Agency; or
11             (2)  An agrichemical pesticide has been detected  at
12        a level that requires preventive notification pursuant to
13        a  standard  adopted pursuant to the Illinois Groundwater
14        Protection Act.
15        (f)  When   agrichemical   pesticide   contamination   is
16    characterized as in subdivision (e)(1)  of  this  Section,  a
17    facility   may  elect  to  participate  in  the  Agrichemical
18    Facility Response Action Program.  In  these  instances,  the
19    scope of the corrective action plans developed, approved, and
20    completed  under  this  program  shall be limited to the soil
21    agrichemical pesticide  contamination  present  at  the  site
22    unless  implementation  of  the  plan is coordinated with the
23    Illinois Environmental Protection Agency as follows:
24             (1)  Upon receipt of notice  of  intent  to  include
25        groundwater  in  an  action by a facility, the Department
26        shall also notify the Illinois  Environmental  Protection
27        Agency.
28             (2)  Upon receipt of the corrective action plan, the
29        Department  shall  coordinate  a joint review of the plan
30        with the Illinois Environmental Protection Agency.
31             (3)  The Illinois  Environmental  Protection  Agency
32        may  provide  a  written  endorsement  of  the corrective
33        action plan.
34             (4)  The Illinois  Environmental  Protection  Agency
 
HB3332 Engrossed            -24-              LRB9204574LDprA
 1        may approve a groundwater management zone for a period of
 2        5 years after the implementation of the corrective action
 3        plan  to  allow  for  groundwater  impairment  mitigation
 4        results.
 5             (5)  The   Department,   in   cooperation  with  the
 6        Illinois Environmental Protection Agency, shall recommend
 7        a proposed corrective action plan to the Board for  final
 8        approval to proceed with remediation.  The recommendation
 9        shall  be  based  on  the  joint  review  conducted under
10        subdivision (f)(2) of this Section and the status of  any
11        endorsement  issued  under  subdivision  (f)(3)  of  this
12        Section.
13             (6)  The   Department,   in   cooperation  with  the
14        Illinois Environmental Protection Agency,  shall  provide
15        remedial   project   oversight,   monitor  remedial  work
16        progress, and report to the Board on the  status  of  the
17        remediation project.
18             (7)  The  Department  shall,  upon completion of the
19        corrective action plan and recommendation of  the  Board,
20        issue  a  notice  of  closure  stating  that  no  further
21        remedial   action   is   required   to  remedy  the  past
22        agrichemical pesticide contamination.
23        (g)  When  an  owner  or  operator  of  an   agrichemical
24    facility  initiates  a  soil  contamination assessment on the
25    owner's or operator's own volition  and  independent  of  any
26    requirement under this Section 19.3, information contained in
27    that  assessment  may  be held as confidential information by
28    the owner or operator of the facility.
29    (Source: P.A. 89-94, eff. 7-6-95; 90-403, eff. 8-15-97.)

30        Section  15.  The  Lawn  Care  Products  Application  and
31    Notice Act is amended by changing Section 5 as follows:

32        (415 ILCS 65/5) (from Ch. 5, par. 855)
 
HB3332 Engrossed            -25-              LRB9204574LDprA
 1        Sec. 5.  Containment of spills, wash water,  and  rinsate
 2    collection.
 3        (a)  No loading of lawn care products for distribution to
 4    a  customer  or washing or rinsing of pesticide residues from
 5    vehicles, application equipment, mixing equipment, floors  or
 6    other  items  used for the storage, handling, preparation for
 7    use, transport, or application of pesticides to  lawns  shall
 8    be  performed  at a facility except in designated containment
 9    wash areas  in  accordance  with  the  requirements  of  this
10    Section.  A  lawn  care  containment  permit,  issued  by the
11    Department, shall be obtained prior to the operation  of  the
12    wash  water  containment  area.  The Department shall issue a
13    lawn care containment permit when  the  containment  area  or
14    facility complies with the provisions of this Section and the
15    rules and regulations adopted under Sections 5 and 6.
16        (b)  No   later   than   January   1,  1993,  wash  water
17    containment areas shall be in use in any facility as  defined
18    in  this  Act  and  no wash water or rinsates may be released
19    into the environment except  in  accordance  with  applicable
20    law.    Wash   water  Containment  areas  shall  include  the
21    following requirements:
22             (1)  The containment wash area shall be  constructed
23        of  concrete, asphalt or other impervious materials which
24        include, but are not limited to, polyethylene containment
25        pans and synthetic membrane liners.  All containment area
26        materials shall be compatible with the lawncare  products
27        to be contained.
28             (2)  The  containment wash area shall be designed to
29        capture spills, washwaters, and rinsates generated in the
30        loading   of   application    devices,    the    lawncare
31        product-related  servicing  of  vehicles,  and the triple
32        rinsing  of  pesticide  containers  and  to  prevent  the
33        release of such spills, washwaters, or  rinsates  to  the
34        environment  other  than as described in paragraph (3) of
 
HB3332 Engrossed            -26-              LRB9204574LDprA
 1        this subsection (b).
 2             (3)  Spills, washwaters, and  rinsates  captured  in
 3        the  containment wash area may be used in accordance with
 4        the label rates of the lawncare products,  either  reused
 5        as makeup water for dilution of pesticides in preparation
 6        of application, or disposed in accordance with applicable
 7        local, State and federal regulations.
 8        (c)  The  requirements of this Section shall not apply to
 9    situations constituting an emergency where washing or rinsing
10    of pesticide  residues  from  equipment  or  other  items  is
11    necessary  to  prevent  imminent  harm to human health or the
12    environment.
13        (d)  The requirements of this Section shall not apply  to
14    persons  subject  to  the  containment  requirements  of  the
15    Illinois Pesticide Act or the Illinois Fertilizer Act of 1961
16    and any rules or regulations adopted thereunder.
17    (Source: P.A. 86-358; 87-1033.)

18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.

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