Section 830.10  Definitions

 

In addition to the definitions contained in the Structural Pest Control Act, the following definitions shall apply:

 

"Act" means the Structural Pest Control Act.

 

"Active ingredient" means any ingredient that will prevent, destroy, repel, control or mitigate a pest.

 

"Applicant" means any person making an application for a license, registration, examination or certification.

 

"Back flow preventer or vacuum breaker device" means a device, approved by the Illinois Plumbing Code, used to prevent backflow or backsiphonage of contaminated water or liquid into a water supply system.

 

"College or university course in related field" means three semester hours or four quarter hours of a college course in biological sciences, physics or chemistry.

 

"Community Water System" means a public water system that serves at least 15 service connections used by residents or regularly serves at least 25 residents for at least 60 days per year.  (Section 9(a)(1) of the Illinois Groundwater Protection Act)

 

"Crack and crevice treatment" means the application of small amounts of a pesticide directly into a crack, crevice, expansion joint, between different elements of construction, between equipment and floors, or into an opening that leads into voids such as hollow walls, equipment legs and bases, conduits, motor housings, junction or switch boxes, where insects may be present.

 

"Department" means the Illinois Department of Public Health.

 

"Director" means the Director of the Illinois Department of Public Health or his or her designee.

 

"Existing storage unit" means a storage unit that was in operation or for which construction began on or before the effective date of a minimum setback zone, maximum setback zone, or regulated recharge area affecting the storage unit.

 

"File a renewal application" means the process of completing the renewal form and submitting it to the Department along with the applicable renewal fee as set forth in Section 9 of the Act.  Evidence shall be either attached to the renewal form or on file with the Department that indicates that the license, certification or registration renewal requirements of Sections 4(e) and 6 of the Act and Sections 830.180 and 830.200 have been met.

 

"Food area" means an area where food is handled, received, packaged, held, processed, prepared, or served.

 

"Groundwater" means underground water that occurs within the saturated zone and geologic materials where the fluid pressure in the pore space is equal to or greater than atmospheric pressure. (Section 3(g) of the Illinois Groundwater Protection Act )

 

"Insurance company authorized to transact business" means an insurance company that has been issued a Certificate of Authority by the Director of the Department of Insurance.

 

"Licensee" means any person who has a valid commercial structural pest control business license.

 

"Method" means any action or procedure used to determine the presence or absence of a pest.

 

"Pest control course" means an educational program that addresses the basic theoretical or practical knowledge of pesticides and their application, approved by the Department pursuant to Subpart D, and is equivalent to six months of experience for original certification.

 

"Pest control specialist" means a person who has a degree from a recognized college or university in one or more fields related to structural pest control or pesticides or has a specialized area of interest pertaining to chemical manufacturing or research, chemistry, entomology, or environmental sanitation and engineering.

 

"Pest control training seminar" means a recertification training program that provides the technical and legal aspects of present structural pest control technology, approved by the Department pursuant to Subpart E.

 

"Potable" means generally fit for human consumption in accordance with accepted water supply principles and practices.  (Section 3(h) of the Illinois Groundwater Protection Act)

 

"Private Water System" means any supply that provides water for drinking, culinary, and sanitary purposes and serves an owner-occupied single family dwelling.  (Section 9(a)(5) of the Illinois Groundwater Protection Act)

 

"Public Water System" means a system for the provision to the public of piped water for human consumption, if the system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year.  The term "public water system" includes any collection, treatment, storage or distribution facilities under control of the operator of the system and used primarily in connection with the system and any collection or pretreatment storage facilities not under the operator's control that are used primarily in connection with the system. (Section 9(a)(6) of the Illinois Groundwater Protection Act)

 

"Purchasing group" means a purchaser of group insurance that has registered with the Director of the Department of Insurance.

 

"Recognized college or university" means an educational institution that has been recognized or approved by the Board of Higher Education, or equivalent, in the State in which it is located; or an educational institution accredited by a regional accrediting association recognized by the Council on Post Secondary Accreditation.  In either instance, the college or university must be authorized to confer a degree in the fields of Biological Sciences, Entomology, Zoology or related fields.

 

"Registrant" means any person who has a valid non-commercial structural pest control registration.

 

"Regulated Recharge Area" means a compact geographic area, as determined by the Illinois Pollution Control Board, the geology of which renders a potable resource groundwater particularly susceptible to contamination.  (Section 3(j) of the Illinois Groundwater Protection Act )

 

"Risk retention group" means an insurance company incorporated and licensed in one of the states of the United States and registered with the Director of the Department of Insurance.

 

"Secondary containment structure" means any structure used to contain liquid pesticides and prevent runoff or leaching into the groundwater.

 

"Service container" means any non-food container used temporarily to hold, store or transport a pesticide concentrate or registered ready-to-use product other than the original labeled container provided by the manufacturer, the measuring device or the application device.

 

"Setback zone" means a geographic area established under the Environmental Protection Act that, for the purposes of Subpart I, contains a potable water supply well and a storage unit, having a continuous boundary within which certain prohibitions or regulations for groundwater protection are applicable.

 

"Signal word" means a word or phrase found prominently displayed on the pesticide label that offers an indication of the toxicity and potential danger of a pesticide.

 

"Storage unit" means an area, structure, or any other mechanism used to store or accumulate pesticides for commercial application purposes.

 

"To use any registered pesticide in a manner inconsistent with its labeling" means to use any registered pesticide in a manner not permitted by the labeling, except that the term shall not include:

 

applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling, unless the labeling specifically prohibits deviation from the specified dosage, concentration or frequency;

 

applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless the Administrator of the US Environmental Protection Agency (USEPA) has required that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling after the Administrator of the USEPA has determined that the use of the pesticide against other pests would cause an unreasonable adverse effect on the environment;

 

employing any method of application not prohibited by the labeling unless the labeling specifically states that the product may be applied only by the methods specified on the labeling;

 

any use of a pesticide in compliance with Section 5, 18 or 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); or

 

any use of a pesticide in a manner that the Administrator of the USEPA determines to be consistent with the purpose of FIFRA.

 

"Treatment period" means the period of time necessary for a room or area to remain closed to unauthorized individuals to allow an effective treatment and subsequent drying or settling of the pesticide in accordance with label directions or, in the absence of label directions, with manufacturer's recommendations.

 

"Water well" means any excavation, except a monitoring well, that is drilled, cored, bored, washed, driven, dug, jetted or otherwise constructed when the intended use of the excavation is for the location, diversion, artificial re-charge, or acquisition of groundwater, but the term does not include an excavation made to obtain or prospect oil, natural gas, minerals or products of mining; or quarrying or inserting media to re-pressure an oil- or natural gas-bearing formation; or for storing petroleum, natural gas or other products; or for observation or any other purpose in connection with developing or operating a gas storage project.

 

"Work Site" means and includes any location at which pesticides are handled, mixed, stored or applied.

 

(Source:  Amended at 39 Ill. Reg. 11821, effective August 7, 2015)