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Public Act 92-0113
HB3332 Enrolled LRB9204574LDprA
AN ACT in relation to agrichemicals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Environmental Protection Act is amended
by changing Section 14.6 as follows:
(415 ILCS 5/14.6) (from Ch. 111 1/2, par. 1014.6)
Sec. 14.6. Agrichemical facilities.
(a) Notwithstanding the provisions of Section 14.4,
groundwater protection for storage and related handling of
pesticides and fertilizers at a facility for the purpose of
commercial application or at a central location for the
purpose of distribution to retail sales outlets may be
provided by adherence to the provisions of this Section. For
any such activity to be subject to this Section, the
following action must be taken by an owner or operator:
(1) with respect to agrichemical facilities, as
defined by the Illinois Pesticide Act, the Illinois
Fertilizer Act and regulations adopted thereunder, file a
written notice of intent to be subject to the provisions
of this Section with the Department of Agriculture by
January 1, 1993, or within 6 months after the date on
which a maximum setback zone is established or a
regulated recharge area regulation is adopted that
affects such a facility;
(2) with respect to lawn care facilities that are
subject to the wash water containment area provisions of
the Lawn Care Products Application and Notice Act and its
regulations, file a written notice of intent to be
subject to the provisions of this Section with the
Department of Agriculture by January 1, 1993, or within 6
months after the date on which a maximum setback zone is
established or a regulated recharge area regulation is
adopted that affects such a facility;
(3) with respect to a central distribution location
that is not an agrichemical facility, certify intent to
be subject to the provisions of this Section on the
appropriate license or renewal application form submitted
to the Department of Agriculture; or
(4) with respect to any other affected facility,
certify intent to be subject to the provisions of this
Section on the appropriate renewal application forms
submitted to the Department of Agriculture or other
appropriate agency.
An owner or operator of a facility that takes the action
described in this subsection shall be subject to the
provisions of this Section and shall not be regulated under
the provisions of Section 14.4, except as provided in
subsection (d) of this Section and unless a regulatory
program is not in effect by January 1, 1994, pursuant to
subsection (b) or (c) of this Section. The Department of
Agriculture or other appropriate agency shall provide copies
of the written notices and certifications to the Agency. For
the purposes of this subsection, the term "commercial
application" shall not include the use of pesticides or
fertilizers in a manner incidental to the primary business
activity.
(b) The Agency and Department of Agriculture shall
cooperatively develop a program for groundwater protection
for designated facilities or sites consistent with the
activities specified in subsection (a) of this Section. In
developing such a program, the Agency and the Department of
Agriculture shall consult with affected interests and take
into account relevant information. Based on such agreed
program, the Department of Agriculture shall adopt
appropriate regulatory requirements by January 1, 1994, for
the designated facilities or sites and administer a program.
At a minimum, the following considerations must be adequately
addressed as part of such program:
(1) a facility review process, using available
information when appropriate, to determine those sites
where groundwater monitoring will be implemented;
(2) requirements for groundwater quality monitoring
for sites identified under item (1);
(3) reporting, response, and operating practices
for the types of designated facilities; and
(4) requirements for closure or discontinuance of
operations.
(c) The Agency may enter into a written agreement with
any State agency to operate a cooperative program for
groundwater protection for designated facilities or sites
consistent with the activities specified in subparagraph (4)
of subsection (a) of this Section. Such State agency shall
adopt appropriate regulatory requirements for the designated
facilities or sites and necessary procedures and practices to
administer the program.
(d) The Agency shall ensure that any facility that is
subject to this Section is in compliance with applicable
provisions as specified in subsection (b) or (c) of this
Section. To fulfill this responsibility, the Agency may rely
on information provided by another State agency or other
information that is obtained on a direct basis. If a facility
is not in compliance with the applicable provisions, or a
deficiency in the execution of a program affects such a
facility, the Agency may so notify the facility of this
condition and shall provide 30 days for a written response to
be filed. The response may describe any actions taken by the
owner which relate to the condition of noncompliance. If the
response is deficient or untimely, the Agency shall serve
notice upon the owner that the facility is subject to the
applicable provisions of Section 14.4 of this Act and
regulations adopted thereunder.
(e) After January 1, 1993, and before January 1, 1994,
an owner or operator of a facility that is subject to the
provisions of this Section may withdraw the notice given
under subsection (a) of this Section by filing a written
withdrawal statement with the Department of Agriculture.
Within 45 days after such filing and after consultation with
the Agency, the Department of Agriculture shall provide
written confirmation to the owner or operator that the
facility is no longer subject to the provisions of this
Section and must comply with the applicable provisions of
Section 14.4 within 90 days after receipt of the
confirmation. The Department of Agriculture shall provide
copies of the written confirmations to the Agency.
(f) After January 1, 1994, and before one year after the
date on which a maximum setback zone is established or a
regulated recharge area regulation is adopted that affects a
facility subject to the provisions of this Section, an owner
or operator of such a facility may withdraw the notice given
under subsection (a) of this Section by filing a written
withdrawal statement with the Department of Agriculture.
Within 45 days after such filing and after consultation with
the Agency, the Department of Agriculture shall provide
written confirmation to the owner or operator that the
facility is no longer subject to the provisions of this
Section and must comply with the applicable provisions of
Section 14.4 within 90 days after receipt of the
confirmation. The Department of Agriculture shall provide
copies of the written confirmations to the Agency.
(g) On or after the effective date of this amendatory
Act of 1994, an owner or operator of an agrichemical facility
that is subject to the provisions of Section 14.4 and
regulations adopted thereunder solely because of the presence
of an on-site potable water supply well that is not a
non-community water supply may file a written notice with the
Department of Agriculture by January 1, 1995 declaring the
facility to be subject to the provisions of this Section.
When that action is taken, the regulatory requirements of
subsection (b) of this Section shall be applicable beginning
January 1, 1995. During the period from January 1, 1993
through December 31, 1994, any facility described in this
subsection shall not be subject to regulation under Section
14.4 of this Act. Beginning on January 1, 1995, such
facilities shall be subject to either Section 14.4 or this
Section depending on the action taken under this subsection.
An owner or operator of an agrichemical facility that is
subject to this Section because a written notice was filed
under this subsection shall do all of the following:
(1) File a facility review report with the
Department of Agriculture on or before February 28, 1995
consistent with the regulatory requirements of subsection
(b) of this Section.
(2) Implement an approved monitoring program within
120 days of receipt of the Department of Agriculture's
determination or a notice to proceed from the Department
of Agriculture. The monitoring program shall be
consistent with the requirements of subsection (b) of
this Section.
(3) Implement applicable operational and management
practice requirements and submit a permit application or
modification to meet applicable structural provisions
consistent with those in subsection (b) of this Section
on or before July 1, 1995 and complete construction of
applicable structural requirements on or before January
1, 1996.
Notwithstanding the provisions of this subsection, an owner
or operator of an agrichemical facility that is subject to
the provisions of Section 14.4 and regulations adopted
thereunder solely because of the presence of an on-site
private potable water supply well may file a written notice
with the Department of Agriculture before January 1, 1995
requesting a release from the provisions of Section 14.4 and
this Section. Upon receipt of a request for release, the
Department of Agriculture shall conduct a site visit to
confirm the private potable use of the on-site well. If
private potable use is confirmed, the Department shall
provide written notice to the owner or operator of the
agrichemical facility that the facility is released from
compliance with the provisions of Section 14.4 and this
Section. If private potable use is not confirmed, the
Department of Agriculture shall provide written notice to the
owner or operator that a release cannot be given. No action
in this subsection shall be precluded by the on-site
non-potable use of water from an on-site private potable
water supply well.
(Source: P.A. 87-1108; 88-496; 88-571, eff. 8-11-94.)
Section 10. The Illinois Pesticide Act is amended by
changing Sections 4, 19, and 19.3 as follows:
(415 ILCS 60/4) (from Ch. 5, par. 804)
Sec. 4. Definitions. As used in this Act:
1. "Director" means Director of the Illinois Department
of Agriculture or his authorized representative.
2. "Active Ingredient" means any ingredient which will
prevent, destroy, repel, control or mitigate a pest or which
will act as a plant regulator, defoliant or desiccant.
3. "Adulterated" shall apply to any pesticide if the
strength or purity is not within the standard of quality
expressed on the labeling under which it is sold, distributed
or used, including any substance which has been substituted
wholly or in part for the pesticide as specified on the
labeling under which it is sold, distributed or used, or if
any valuable constituent of the pesticide has been wholly or
in part abstracted.
4. "Agricultural Commodity" means produce of the land
including but not limited to plants and plant parts,
livestock and poultry and livestock or poultry products,
seeds, sod, shrubs and other products of agricultural origin
including the premises necessary to and used directly in
agricultural production. Agricultural commodity also includes
aquatic products as defined in the Aquaculture Development
Act.
5. "Animal" means all vertebrate and invertebrate
species including, but not limited to, man and other mammals,
bird, fish, and shellfish.
6. "Beneficial Insects" means those insects which during
their life cycle are effective pollinators of plants,
predators of pests or are otherwise beneficial.
7. "Certified applicator".
A. "Certified applicator" means any individual who
is certified under this Act to purchase, use, or
supervise the use of pesticides which are classified for
restricted use.
B. "Private applicator" means a certified
applicator who purchases, uses, or supervises the use of
any pesticide classified for restricted use, for the
purpose of producing any agricultural commodity on
property owned, rented, or otherwise controlled by him or
his employer, or applied to other property if done
without compensation other than trading of personal
services between no more than 2 producers of agricultural
commodities.
C. "Licensed Commercial Applicator" means a
certified applicator, whether or not he is a private
applicator with respect to some uses, who owns or manages
a business that is engaged in applying pesticides,
whether classified for general or restricted use, for
hire. The term also applies to a certified applicator
who uses or supervises the use of pesticides, whether
classified for general or restricted use, for any purpose
or on property of others excluding those specified by
subparagraphs 7 (B), (D), (E) of Section 4 of this Act.
D. "Commercial Not For Hire Applicator" means a
certified applicator who uses or supervises the use of
pesticides classified for general or restricted use for
any purpose on property of an employer when such activity
is a requirement of the terms of employment and such
application of pesticides under this certification is
limited to property under the control of the employer
only and includes, but is not limited to, the use or
supervision of the use of pesticides in a greenhouse
setting.
E. "Licensed Public Applicator" means a certified
applicator who uses or supervises the use of pesticides
classified for general or restricted use as an employee
of a state agency, municipality, or other duly
constituted governmental agency or unit.
8. "Defoliant" means any substance or combination of
substances which cause leaves or foliage to drop from a plant
with or without causing abscission.
9. "Desiccant" means any substance or combination of
substances intended for artificially accelerating the drying
of plant tissue.
10. "Device" means any instrument or contrivance, other
than a firearm or equipment for application of pesticides
when sold separately from pesticides, which is intended for
trapping, repelling, destroying, or mitigating any pest,
other than bacteria, virus, or other microorganisms on or
living in man or other living animals.
11. "Distribute" means offer or hold for sale, sell,
barter, ship, deliver for shipment, receive and then deliver,
or offer to deliver pesticides, within the State.
12. "Environment" includes water, air, land, and all
plants and animals including man, living therein and the
interrelationships which exist among these.
13. "Equipment" means any type of instruments and
contrivances using motorized, mechanical or pressure power
which is used to apply any pesticide, excluding pressurized
hand-size household apparatus containing dilute ready to
apply pesticide or used to apply household pesticides.
14. "FIFRA" means the "Federal Insecticide Fungicide
Rodenticide Act", as amended.
15. "Fungi" means any non-chlorophyll bearing
thallophytes, any non-chlorophyll bearing plant of a lower
order than mosses or liverworts, as for example rust, smut,
mildew, mold, yeast and bacteria, except those on or in
living animals including man and those on or in processed
foods, beverages or pharmaceuticals.
16. "Household Substance" means any pesticide
customarily produced and distributed for use by individuals
in or about the household.
17. "Imminent Hazard" means a situation which exists
when continued use of a pesticide would likely result in
unreasonable adverse effect on the environment or will
involve unreasonable hazard to the survival of a species
declared endangered by the U.S. Secretary of the Interior or
to species declared to be protected by the Illinois
Department of Natural Resources.
18. "Inert Ingredient" means an ingredient which is not
an active ingredient.
19. "Ingredient Statement" means a statement of the name
and percentage of each active ingredient together with the
total percentage of inert ingredients in a pesticide and for
pesticides containing arsenic in any form, the ingredient
statement shall include percentage of total and water soluble
arsenic, each calculated as elemental arsenic. In the case
of spray adjuvants the ingredient statement need contain only
the names of the functioning agents and the total percent of
those constituents ineffective as spray adjuvants.
20. "Insect" means any of the numerous small
invertebrate animals generally having the body more or less
obviously segmented for the most part belonging to the class
Insects, comprised of six-legged, usually winged forms, as
for example beetles, caterpillars, and flies. This
definition encompasses other allied classes of arthropods
whose members are wingless and usually have more than 6 legs
as for example spiders, mites, ticks, centipedes, and
millipedes.
21. "Label" means the written, printed or graphic matter
on or attached to the pesticide or device or any of its
containers or wrappings.
22. "Labeling" means the label and all other written,
printed or graphic matter: (a) on the pesticide or device or
any of its containers or wrappings, (b) accompanying the
pesticide or device or referring to it in any other media
used to disseminate information to the public, (c) to which
reference is made to the pesticide or device except when
references are made to current official publications of the
U. S. Environmental Protection Agency, Departments of
Agriculture, Health, Education and Welfare or other Federal
Government institutions, the state experiment station or
colleges of agriculture or other similar state institution
authorized to conduct research in the field of pesticides.
23. "Land" means all land and water area including
airspace, and all plants, animals, structures, buildings,
contrivances, and machinery appurtenant thereto or situated
thereon, fixed or mobile, including any used for
transportation.
24. "Licensed Operator" means a person employed to apply
pesticides to the lands of others under the direction of a
"licensed commercial applicator" or a "licensed public
applicator" or a "licensed commercial not-for-hire
applicator".
25. "Nematode" means invertebrate animals of the phylum
nemathelminthes and class nematoda, also referred to as nemas
or eelworms, which are unsegmented roundworms with elongated
fusiform or sac-like bodies covered with cuticle and
inhabiting soil, water, plants or plant parts.
26. "Permit" means a written statement issued by the
Director or his authorized agent, authorizing certain acts of
pesticide purchase or of pesticide use or application on a
interim basis prior to normal certification, registration, or
licensing.
27. "Person" means any individual, partnership,
association, fiduciary, corporation, or any organized group
of persons whether incorporated or not.
28. "Pest" means (a) any insect, rodent, nematode,
fungus, weed, or (b) any other form of terrestrial or aquatic
plant or animal life or virus, bacteria, or other
microorganism, excluding virus, bacteria, or other
microorganism on or in living animals including man, which
the Director declares to be a pest.
29. "Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or
desiccant.
30. "Pesticide Dealer" means any person who distributes
registered pesticides to the user.
31. "Plant Regulator" means any substance or mixture of
substances intended through physiological action to affect
the rate of growth or maturation or otherwise alter the
behavior of ornamental or crop plants or the produce thereof.
This does not include substances which are not intended as
plant nutrient trace elements, nutritional chemicals, plant
or seed inoculants or soil conditioners or amendments.
32. "Protect Health and Environment" means to guard
against any unreasonable adverse effects on the environment.
33. "Registrant" means person who has registered any
pesticide pursuant to the provision of FIFRA and this Act.
34. "Restricted Use Pesticide" means any pesticide with
one or more of its uses classified as restricted by order of
the Administrator of USEPA.
35. "SLN Registration" means registration of a pesticide
for use under conditions of special local need as defined by
FIFRA.
36. "State Restricted Pesticide Use" means any pesticide
use which the Director determines, subsequent to public
hearing, that an additional restriction for that use is
needed to prevent unreasonable adverse effects.
37. "Structural Pest" means any pests which attack and
destroy buildings and other structures or which attack
clothing, stored food, commodities stored at food
manufacturing and processing facilities or manufactured and
processed goods.
38. "Unreasonable Adverse Effects on the Environment"
means the unreasonable risk to the environment, including
man, from the use of any pesticide, when taking into account
accrued benefits of as well as the economic, social, and
environmental costs of its use.
39. "USEPA" means United States Environmental Protection
Agency.
40. "Use inconsistent with the label" means to use a
pesticide in a manner not consistent with the label
instruction, the definition adopted in FIFRA as interpreted
by USEPA shall apply in Illinois.
41. "Weed" means any plant growing in a place where it
is not wanted.
42. "Wildlife" means all living things, not human,
domestic, or pests.
43. "Bulk pesticide" means any registered pesticide
which is transported or held in an individual container in
undivided quantities of greater than 55 U.S. gallons liquid
measure or 100 pounds net dry weight.
44. "Bulk repackaging" means the transfer of a
registered pesticide from one bulk container (containing
undivided quantities of greater than 100 U.S. gallons liquid
measure or 100 pounds net dry weight) to another bulk
container (containing undivided quantities of greater than
100 U.S. gallons liquid measure or 100 pounds net dry weight)
in an unaltered state in preparation for sale or distribution
to another person.
45. "Business" means any individual, partnership,
corporation or association engaged in a business operation
for the purpose of selling or distributing pesticides or
providing the service of application of pesticides in this
State.
46. "Facility" means any building or structure and all
real property contiguous thereto, including all equipment
fixed thereon used for the operation of the business.
47. "Chemigation" means the application of a pesticide
through the systems or equipment employed for the primary
purpose of irrigation of land and crops.
48. "Use" means any activity covered by the pesticide
label including but not limited to application of pesticide,
mixing and loading, storage of pesticides or pesticide
containers, disposal of pesticides and pesticide containers
and reentry into treated sites or areas.
(Source: P.A. 89-445, eff. 2-7-96.)
(415 ILCS 60/19) (from Ch. 5, par. 819)
Sec. 19. Interagency Committee on Pesticides. The
Director is authorized to create an interagency committee on
pesticides. Its purpose is to study and advise on the use of
pesticides on State property. Also, its purpose is to advise
any State agency in connection with quarantine programs or
the protection of the public health and welfare, and to
recommend needed legislation concerning pesticides.
1. An interagency committee on pesticides shall consist
of: (1) the Director of the Department of Agriculture, (2)
the Director of Natural Resources, (3) the Director of the
Environmental Protection Agency, (4) the Director of the
Department of Public Health, (5) the Secretary of the
Department of Transportation, (6) the Chief of the State
Natural History Survey and (7) the Dean of the College of
Agriculture, University of Illinois. Each member of the
committee may designate some person in his department to
serve on the committee in his stead. Other State agencies
may, at the discretion of the Director, be asked to serve on
the interagency committee on pesticides. The Director of the
Department of Agriculture shall be chairman of this
committee.
2. The interagency committee shall: (1) Review the
current status of the sales and use of pesticides within the
State of Illinois. (2) Review pesticide programs to be
sponsored or directed by a governmental agency. (3) Consider
the problems arising from pesticide use with particular
emphasis on the possible adverse effects on human health,
livestock, crops, fish, and wildlife, business, industry,
agriculture, or the general public. (4) Recommend legislation
to the Governor, if appropriate, which will prohibit the
irresponsible use of pesticides. (5) Review rules and
regulations pertaining to the regulation or prohibition of
the sale, use or application of pesticides and labeling of
pesticides for approval prior to promulgation and adoption.
(6) Contact various experts and lay groups, such as the
Illinois Pesticide Control Committee, to obtain their views
and cooperation. (7) Advise on and approve of all programs
involving the use of pesticides on State owned property,
state controlled property, or administered by State agencies.
This shall not be construed to include research programs, or
the generally accepted and approved practices essential to
good farm and institutional management on the premises of the
various State facilities.
3. Members of this committee shall receive no
compensation for their services as members of this committee
other than that provided by law for their respective
positions with the State of Illinois. All necessary expenses
for travel of the committee members shall be paid out of
regular appropriations of their respective agencies.
4. The committee shall meet at least once each quarter
of the calendar year, and may hold additional meetings upon
the call of the chairman. Four members shall constitute a
quorum.
5. The committee shall make a detailed report of its
findings and recommendations to the Governor of Illinois
prior to each General Assembly Session.
6. The Interagency Committee on Pesticides shall, at a
minimum, annually, during the spring, conduct a statewide
public education campaign and agriculture chemical safety
campaign to inform the public about pesticide products, uses
and safe disposal techniques. A toll-free hot line number
shall be made available for the public to report misuse
cases.
The Committee shall include in its educational program
information and advice about the effects of various
pesticides and application techniques upon the groundwater
and drinking water of the State.
7. The Interagency Committee on Pesticides shall conduct
a special study of the effects of chemigation and other
agricultural applications of pesticides upon the groundwater
of this State. The results of such study shall be reported
to the General Assembly by March 1, 1989. The members of the
Committee may utilize the technical and clerical resources of
their respective departments and agencies as necessary or
useful in the conduct of the study.
8. In consultation with the Interagency Committee, the
Department shall develop, and the Interagency Committee shall
approve, procedures, methods, and guidelines for addressing
agrichemical pesticide contamination at agrichemical
facilities in Illinois. In developing those procedures,
methods, and guidelines, the following shall be considered
and addressed: (1) an evaluation and assessment of site
conditions and operational practices at agrichemical
facilities where agricultural pesticides are handled; (2)
what constitutes pesticide contamination; (3) cost effective
procedures for site assessments and technologies for remedial
action; and (4) achievement of adequate protection of public
health and the environment from such actual or potential
hazards. In consultation with the Interagency Committee, the
Department shall develop, and the Interagency Committee shall
approve, guidelines and recommendations regarding long term
financial resources which may be necessary to remediate
pesticide contamination at agrichemical facilities in
Illinois. The Department, in consultation with the
Interagency Committee, shall present a report on those
guidelines and recommendations to the Governor and the
General Assembly on or before January 1, 1993. The
Department and the Interagency Committee shall consult with
the Illinois Pesticide Control Committee and other
appropriate parties during this development process.
9. As part of the consideration of cost effective
technologies pursuant to subsection 8 of this Section, the
Department may, upon request, provide a written authorization
to the owner or operator of an agrichemical facility for land
application of agrichemical contaminated soils at agronomic
rates. As used in this Section, "agrichemical" means
pesticides or commercial fertilizers, at an agrichemical
facility, in transit from an agrichemical facility to the
field of application, or at the field of application. The
written authorization may also provide for use of groundwater
contaminated by the on-site release of an agrichemical,
provided that the groundwater is not also contaminated due to
the release of a petroleum product or hazardous substance
other than an agrichemical. The uses of agrichemical
contaminated groundwater authorized by the Department shall
be limited to supervised application or irrigation onto
farmland and blending as make-up water in the preparation of
agrichemical spray solutions that are to be applied to
farmland. In either case, the use of the agrichemical
contaminated water shall not cause (i) the total annual
application amounts of a pesticide to exceed the respective
pesticide label application rate on any authorized sites or
(ii) the total annual application amounts of a fertilizer to
exceed the generally accepted annual application rate on any
authorized sites. All authorizations shall prescribe
appropriate operational control practices to protect the site
of application and shall identify each site or sites where
land application or irrigation take place. Where
agrichemical contaminated groundwater is used on farmland,
the prescribed practices shall be designed to prevent
off-site runoff or conveyance through underground tile
systems. The Department shall periodically advise the
Interagency Committee regarding the issuance of such
authorizations and the status of compliance at the
application sites.
(Source: P.A. 88-257; 88-512; 88-513; 89-94, eff. 7-6-95;
89-445, eff. 2-7-96.)
(415 ILCS 60/19.3)
Sec. 19.3. Agrichemical Facility Response Action
Program.
(a) It is the policy of the State of Illinois that an
Agrichemical Facility Response Action Program be implemented
to reduce potential agrichemical pesticide pollution and
minimize environmental degradation risk potential at these
sites. In this Section, "agrichemical facility" means a site
where agrichemicals agricultural pesticides are stored or
handled, or both, in preparation for end use. "Agrichemical
facility" does not include basic manufacturing or central
distribution sites utilized only for wholesale purposes. As
used in this Section, "agrichemical" means pesticides or
commercial fertilizers at an agrichemical facility.
The program shall provide guidance for assessing the
threat of soil agrichemical pesticide contaminants to
groundwater and recommending which sites need to establish a
voluntary corrective action program.
The program shall establish appropriate site-specific
soil cleanup objectives, which shall be based on the
potential for the agrichemical pesticide contaminants to move
from the soil to groundwater and the potential of the
specific soil agrichemical pesticide contaminants to cause an
exceedence of a Class I or Class III groundwater quality
standard or a health advisory level. The Department shall
use the information found and procedures developed in the
Agrichemical Facility Site Contamination Study or other
appropriate physical evidence to establish the soil
agrichemical pesticide contaminant levels of concern to
groundwater in the various hydrological settings to establish
site-specific cleanup objectives.
No remediation of a site may be recommended unless (i)
the agrichemical pesticide contamination level in the soil
exceeds the site-specific cleanup objectives or (ii) the
agrichemical pesticide contaminant level in the soil exceeds
levels where physical evidence and risk evaluation indicates
probability of the site causing an exceedence of a
groundwater quality standard.
When a remediation plan must be carried out over a number
of years due to limited financial resources of the owner or
operator of the agrichemical facility, those soil
agrichemical pesticide contaminated areas that have the
greatest potential to adversely impact vulnerable Class I
groundwater aquifers and adjacent potable water wells shall
receive the highest priority rating and be remediated first.
(b) The Agrichemical Facility Response Action Program
Board ("the Board") is created. The Board members shall
consist of the following:
(1) The Director or the Director's designee.
(2) One member who represents pesticide
manufacturers.
(3) Two members who represent retail agrichemical
dealers.
(4) One member who represents agrichemical
distributors.
(5) One member who represents active farmers.
(6) One member at large.
The public members of the Board shall be appointed by the
Governor for terms of 2 years. Those persons on the Board who
represent pesticide manufacturers, agrichemical dealers,
agrichemical distributors, and farmers shall be selected from
recommendations made by the associations whose membership
reflects those specific areas of interest. The members of the
Board shall be appointed within 90 days after the effective
date of this amendatory Act of 1995. Vacancies on the Board
shall be filled within 30 days. The Board may fill any
membership position vacant for a period exceeding 30 days.
The members of the Board shall be paid no compensation,
but shall be reimbursed for their expenses incurred in
performing their duties. If a civil proceeding is commenced
against a Board member arising out of an act or omission
occurring within the scope of the Board member's performance
of his or her duties under this Section, the State, as
provided by rule, shall indemnify the Board member for any
damages awarded and court costs and attorney's fees assessed
as part of a final and unreversed judgement, or shall pay the
judgment, unless the court or jury finds that the conduct or
inaction that gave rise to the claim or cause of action was
intentional, wilful or wanton misconduct and was not intended
to serve or benefit interests of the State.
The chairperson of the Board shall be selected by the
Board from among the public members.
(c) The Board has the authority to do the following:
(1) Cooperate with the Department and review and
approve an agrichemical facility remediation program as
outlined in the handbook or manual as set forth in
subdivision (d)(8) of this Section.
(2) Review and give final approval to each
agrichemical facility corrective action plan.
(3) Approve any changes to an agrichemical
facility's corrective action plan that may be necessary.
(4) Upon completion of the corrective action plan,
recommend to the Department that the site-specific
cleanup objectives have been met and that a notice of
closure be issued by the Department stating that no
further remedial action is required to remedy the past
agrichemical pesticide contamination.
(5) When a soil agrichemical pesticide contaminant
assessment confirms that remedial action is not required
in accordance with the Agrichemical Facility Response
Action Program, recommend that a notice of closure be
issued by the Department stating that no further remedial
action is required to remedy the past agrichemical
pesticide contamination.
(6) Periodically review the Department's
administration of the Agrichemical Incident Response
Trust Fund and actions taken with respect to the Fund.
The Board shall also provide advice to the Interagency
Committee on Pesticides regarding the proper handling of
agrichemical incidents at agrichemical facilities in
Illinois.
(d) The Director has the authority to do the following:
(1) When requested by the owner or operator of an
agrichemical facility, may investigate the agrichemical
facility site contamination.
(2) After completion of the investigation under
subdivision (d)(1) of this Section, recommend to the
owner or operator of an agrichemical facility that a
voluntary assessment be made of the soil agrichemical
pesticide contaminant when there is evidence that the
evaluation of risk indicates that groundwater could be
adversely impacted.
(3) Review and make recommendations on any
corrective action plan submitted by the owner or operator
of an agrichemical facility to the Board for final
approval.
(4) On approval by the Board, issue an order to the
owner or operator of an agrichemical facility that has
filed a voluntary corrective action plan that the owner
or operator may proceed with that plan.
(5) Provide remedial project oversight, monitor
remedial work progress, and report to the Board on the
status of remediation projects.
(6) Provide staff to support the activities of the
Board.
(7) Take appropriate action on the Board's
recommendations regarding policy needed to carry out the
Board's responsibilities under this Section.
(8) In cooperation with the Board, incorporate the
following into a handbook or manual: the procedures for
site assessment; pesticide constituents of concern and
associated parameters; guidance on remediation
techniques, land application, and corrective action
plans; and other information or instructions that the
Department may find necessary.
(9) Coordinate preventive response actions at
agrichemical facilities pursuant to the Groundwater
Quality Standards adopted pursuant to Section 8 of the
Illinois Groundwater Protection Act to mitigate resource
groundwater impairment.
Upon completion of the corrective action plan and upon
recommendation of the Board, the Department shall issue a
notice of closure stating that site-specific cleanup
objectives have been met and no further remedial action is
required to remedy the past agrichemical pesticide
contamination.
When a soil agrichemical pesticide contaminant assessment
confirms that remedial action is not required in accordance
with the Agrichemical Facility Response Action Program and
upon the recommendation of the Board, a notice of closure
shall be issued by the Department stating that no further
remedial action is required to remedy the past agrichemical
pesticide contamination.
(e) Upon receipt of notification of an agrichemical
pesticide contaminant in groundwater pursuant to the
Groundwater Quality Standards, the Department shall evaluate
the severity of the agrichemical pesticide contamination and
shall submit to the Environmental Protection Agency an
informational notice characterizing it as follows:
(1) An agrichemical pesticide contaminant in Class
I or Class III groundwater has exceeded the levels of a
standard adopted pursuant to the Illinois Groundwater
Protection Act or a health advisory established by the
Illinois Environmental Protection Agency or the United
States Environmental Protection Agency; or
(2) An agrichemical pesticide has been detected at
a level that requires preventive notification pursuant to
a standard adopted pursuant to the Illinois Groundwater
Protection Act.
(f) When agrichemical pesticide contamination is
characterized as in subdivision (e)(1) of this Section, a
facility may elect to participate in the Agrichemical
Facility Response Action Program. In these instances, the
scope of the corrective action plans developed, approved, and
completed under this program shall be limited to the soil
agrichemical pesticide contamination present at the site
unless implementation of the plan is coordinated with the
Illinois Environmental Protection Agency as follows:
(1) Upon receipt of notice of intent to include
groundwater in an action by a facility, the Department
shall also notify the Illinois Environmental Protection
Agency.
(2) Upon receipt of the corrective action plan, the
Department shall coordinate a joint review of the plan
with the Illinois Environmental Protection Agency.
(3) The Illinois Environmental Protection Agency
may provide a written endorsement of the corrective
action plan.
(4) The Illinois Environmental Protection Agency
may approve a groundwater management zone for a period of
5 years after the implementation of the corrective action
plan to allow for groundwater impairment mitigation
results.
(5) The Department, in cooperation with the
Illinois Environmental Protection Agency, shall recommend
a proposed corrective action plan to the Board for final
approval to proceed with remediation. The recommendation
shall be based on the joint review conducted under
subdivision (f)(2) of this Section and the status of any
endorsement issued under subdivision (f)(3) of this
Section.
(6) The Department, in cooperation with the
Illinois Environmental Protection Agency, shall provide
remedial project oversight, monitor remedial work
progress, and report to the Board on the status of the
remediation project.
(7) The Department shall, upon completion of the
corrective action plan and recommendation of the Board,
issue a notice of closure stating that no further
remedial action is required to remedy the past
agrichemical pesticide contamination.
(g) When an owner or operator of an agrichemical
facility initiates a soil contamination assessment on the
owner's or operator's own volition and independent of any
requirement under this Section 19.3, information contained in
that assessment may be held as confidential information by
the owner or operator of the facility.
(Source: P.A. 89-94, eff. 7-6-95; 90-403, eff. 8-15-97.)
Section 15. The Lawn Care Products Application and
Notice Act is amended by changing Section 5 as follows:
(415 ILCS 65/5) (from Ch. 5, par. 855)
Sec. 5. Containment of spills, wash water, and rinsate
collection.
(a) No loading of lawn care products for distribution to
a customer or washing or rinsing of pesticide residues from
vehicles, application equipment, mixing equipment, floors or
other items used for the storage, handling, preparation for
use, transport, or application of pesticides to lawns shall
be performed at a facility except in designated containment
wash areas in accordance with the requirements of this
Section. A lawn care containment permit, issued by the
Department, shall be obtained prior to the operation of the
wash water containment area. The Department shall issue a
lawn care containment permit when the containment area or
facility complies with the provisions of this Section and the
rules and regulations adopted under Sections 5 and 6.
(b) No later than January 1, 1993, wash water
containment areas shall be in use in any facility as defined
in this Act and no wash water or rinsates may be released
into the environment except in accordance with applicable
law. Wash water Containment areas shall include the
following requirements:
(1) The containment wash area shall be constructed
of concrete, asphalt or other impervious materials which
include, but are not limited to, polyethylene containment
pans and synthetic membrane liners. All containment area
materials shall be compatible with the lawncare products
to be contained.
(2) The containment wash area shall be designed to
capture spills, washwaters, and rinsates generated in the
loading of application devices, the lawncare
product-related servicing of vehicles, and the triple
rinsing of pesticide containers and to prevent the
release of such spills, washwaters, or rinsates to the
environment other than as described in paragraph (3) of
this subsection (b).
(3) Spills, washwaters, and rinsates captured in
the containment wash area may be used in accordance with
the label rates of the lawncare products, either reused
as makeup water for dilution of pesticides in preparation
of application, or disposed in accordance with applicable
local, State and federal regulations.
(c) The requirements of this Section shall not apply to
situations constituting an emergency where washing or rinsing
of pesticide residues from equipment or other items is
necessary to prevent imminent harm to human health or the
environment.
(d) The requirements of this Section shall not apply to
persons subject to the containment requirements of the
Illinois Pesticide Act or the Illinois Fertilizer Act of 1961
and any rules or regulations adopted thereunder.
(Source: P.A. 86-358; 87-1033.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 03, 2001.
Approved July 20, 2001.
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