Section 250.220  Special Application of Herbicides to Control Invasive Plants on Public Lands

a)         Any person who receives training, pursuant to subsection (b) from an individual possessing a current Category 6 Right-of-Way Pest Control applicator license issued by the Department, after receipt of a certificate issued by the Department, may apply a herbicide product for the control of invasive plants on public lands without further compliance with the licensing provisions of this Part if all of the following are met:

1)         The individual providing training pursuant to subsection (b) must be a compensated employee of the organization that has direct control of the public lands upon which the herbicide product applications are to be made;

2)         The individual making herbicide product applications under this Section shall not receive compensation for the herbicide product applications.  For the purposes of this Section, participation in a supervised conservation job training program shall not be considered as receiving compensation;

3)         The signal word contained on the herbicide product is "CAUTION" or "WARNING";

4)         The herbicide product to be applied shall not be classified as a "restricted use" pesticide;

5)         The herbicide product application method is limited to the method or methods included in the training provided under subsection (b);

6)         A review of the specific herbicide product's label must have been included in the training program described in subsection (b);

7)         The herbicide product application site or sites are limited to the public lands identified during the training provided under subsection (b) and the public lands must be under the direct control of the trainer who provided the training or the trainer's organization;

8)         All mixing of the herbicide product and loading of the herbicide product into any required application device or devices shall be conducted by the trainer who provided the training or other licensed applicator possessing a current Category 6 Right-of-Way Pest Control applicator license issued by the Department; and

9)         Each individual making herbicide product applications under this Section shall utilize the personal protective equipment specified on the herbicide product label for handlers during the application activity.

b)         The training shall be not less than one hour in duration and shall include a review of the herbicide product labels, use restrictions, application rates, application methods, first aid, potential environmental hazards, personal protective equipment, and any other information deemed appropriate by the trainer for the safe and effective use of the herbicide products that meet the criteria listed in subsections (a)(3) and (4).

c)         Upon completion of the training, the trainer shall immediately provide to the Department a complete legible listing, including name, address, telephone number, birth date, and sponsoring organization for whom the herbicide product applications are to be made, of all individuals who received the training and are thus eligible to apply only the herbicide products that meet the requirements of this Section.

d)         The trainer shall also provide to the Department the date and location of the training, the trainer's name, address, telephone number, pesticide applicator license number, pesticide applicator license expiration date, trainer's organization, and a legible copy of the specific herbicide product label or labels utilized in the training session.

e)         An individual trained to apply a herbicide product under this Section, and only after receiving the certificate issued by the Department, may only:

1)         apply the specific herbicide products included in the training described in this Section;

2)         make the applications on the public lands identified in the training; and

3)         make applications during the calendar year in which the training was received.

f)         For the purpose of this Section, a person shall mean any individual over 18 years of age.

(Source:  Amended at 46 Ill. Reg. 11445, effective June 21, 2022)