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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pesticide Act is amended by | |||||||||||||||||||||||||||||||||
5 | changing Sections 6, 10, 11, 11.1, 12, 13, and 13.3 as follows:
| |||||||||||||||||||||||||||||||||
6 | (415 ILCS 60/6) (from Ch. 5, par. 806)
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7 | Sec. 6. Registration.
| |||||||||||||||||||||||||||||||||
8 | 1. Every pesticide which is distributed, sold,
offered for | |||||||||||||||||||||||||||||||||
9 | sale within this State, delivered for transportation or
| |||||||||||||||||||||||||||||||||
10 | transported in interstate commerce or between points within | |||||||||||||||||||||||||||||||||
11 | the State
through any point outside the State, shall be | |||||||||||||||||||||||||||||||||
12 | registered with the Director
or his designated agent, subject | |||||||||||||||||||||||||||||||||
13 | to provisions of this Act. Such
registration shall be for a | |||||||||||||||||||||||||||||||||
14 | period determined under item 1.5 of this Section and shall | |||||||||||||||||||||||||||||||||
15 | expire on December 31st. Registration is not required if a | |||||||||||||||||||||||||||||||||
16 | pesticide is shipped from
one plant or warehouse to another | |||||||||||||||||||||||||||||||||
17 | plant or warehouse by the same person and
is used solely at | |||||||||||||||||||||||||||||||||
18 | such plant or warehouse as a constituent part to make a
| |||||||||||||||||||||||||||||||||
19 | pesticide which is registered under provisions of this Act and | |||||||||||||||||||||||||||||||||
20 | FIFRA.
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21 | 1.5. In order to stagger product registrations, the | |||||||||||||||||||||||||||||||||
22 | Department shall, for the 2011 registration year, register | |||||||||||||||||||||||||||||||||
23 | half of the applicants and their products for one year and the |
| |||||||
| |||||||
1 | other half for 2 years. Thereafter, a business registration | ||||||
2 | and product registration shall be for 2 years. | ||||||
3 | 2. Registration applicant shall file a statement with the | ||||||
4 | Director which
shall include:
| ||||||
5 | A. The name and address of the applicant and the name | ||||||
6 | and address of the
person whose name will appear on the | ||||||
7 | label if different from the applicant's.
| ||||||
8 | B. The name of the pesticide.
| ||||||
9 | C. A copy of the labeling accompanying the pesticide | ||||||
10 | under customary conditions
of distribution, sale and use, | ||||||
11 | including ingredient statement, direction
for use, use | ||||||
12 | classification, and precautionary or warning statements.
| ||||||
13 | 3. The Director may require the submission of complete | ||||||
14 | formula data.
| ||||||
15 | 4. The Director may require a full description of tests | ||||||
16 | made and the results
thereof, upon which the claims are based, | ||||||
17 | for any pesticide not registered
pursuant to FIFRA, or on any | ||||||
18 | pesticide under consideration
to be classified for restricted | ||||||
19 | use.
| ||||||
20 | A. The Director will not consider data he required of | ||||||
21 | the initial
registrant of a pesticide in support of | ||||||
22 | another applicants' registration
unless the subsequent | ||||||
23 | applicant has obtained written permission to use such | ||||||
24 | data.
| ||||||
25 | B. In the case of renewal registration, the Director | ||||||
26 | may accept a
statement only with respect to information |
| |||||||
| |||||||
1 | which is different from that
furnished previously.
| ||||||
2 | 5. The Director may prescribe other requirements to | ||||||
3 | support a pesticide
registration by regulation.
| ||||||
4 | 6. For the years preceding the year 2004, any registrant | ||||||
5 | desiring to
register a pesticide product at any
time during | ||||||
6 | one year shall pay the annual registration fee of
$100 per | ||||||
7 | product registered for that applicant.
For the years 2004 | ||||||
8 | through 2010, the annual product registration
fee is $200 per | ||||||
9 | product. For the years 2011 through 2023 and thereafter , the | ||||||
10 | product registration fee shall be $600 per product per 2-year | ||||||
11 | registration period and shall be paid at the time of | ||||||
12 | registration. For the years 2024 and thereafter, the product | ||||||
13 | registration fee shall be $800 per product per 2-year | ||||||
14 | registration period and shall be paid at the time of | ||||||
15 | registration.
| ||||||
16 | In addition, for the years preceding the year 2004 any | ||||||
17 | business
registering a pesticide product at any time
during | ||||||
18 | one year shall pay the annual business registration
fee of | ||||||
19 | $250. For the years 2004 through 2010, the annual business
| ||||||
20 | registration fee shall be $400. For the years 2011 through | ||||||
21 | 2023 and thereafter , the business registration fee shall be | ||||||
22 | $800 per 2-year registration period and shall be paid at the | ||||||
23 | time of registration. For the years 2024 and thereafter, the | ||||||
24 | business registration fee shall be $1000 per 2-year | ||||||
25 | registration period and shall be paid at the time of | ||||||
26 | registration. Each legal entity of the business
shall pay
the
|
| |||||||
| |||||||
1 | business registration fee.
| ||||||
2 | For the years preceding the year 2004, any applicant | ||||||
3 | requesting an
experimental use permit shall pay the annual
fee | ||||||
4 | of $100 per permit and all special local need
pesticide
| ||||||
5 | registration
applicants shall pay an annual fee of $100 per | ||||||
6 | product. For the
years 2004 through 2010, the annual
| ||||||
7 | experimental use permit fee and special local need pesticide | ||||||
8 | registration fee
is $200 per permit. For the years 2011 and | ||||||
9 | thereafter, the annual experimental use permit and special | ||||||
10 | local need pesticide registration fee shall be $300 per | ||||||
11 | product. Subsequent
SLN
registrations for a pesticide already | ||||||
12 | registered shall be exempted from the
registration fee.
| ||||||
13 | A. All registration accepted and approved by the | ||||||
14 | Director shall expire
on the 31st day of December in any | ||||||
15 | one year unless cancelled.
Registration for a special | ||||||
16 | local need may be granted for a specific
period of time | ||||||
17 | with the approval date and expiration date specified.
| ||||||
18 | B. If a registration for special local need granted by | ||||||
19 | the Director does
not receive approval of the | ||||||
20 | Administrator of USEPA, the registration shall
expire on | ||||||
21 | the date of the Administrator's disapproval.
| ||||||
22 | 7. Registrations approved and accepted by the Director and | ||||||
23 | in effect on
the 31st day of December, for which renewal | ||||||
24 | application is made, shall continue
in full force and effect | ||||||
25 | until the Director notifies the registrant that
the renewal | ||||||
26 | has been approved and accepted or the registration is denied
|
| |||||||
| |||||||
1 | under this Act. Renewal registration forms will be provided to | ||||||
2 | applicants
by the Director.
| ||||||
3 | 8. If the renewal of a pesticide registration is not filed | ||||||
4 | within 30
days of the date of expiration, a penalty late | ||||||
5 | registration assessment of $100 per product shall apply in | ||||||
6 | addition to the regular product registration fee. The late | ||||||
7 | registration assessment shall not
apply if the applicant | ||||||
8 | furnishes an affidavit certifying that no
unregulated | ||||||
9 | pesticide was distributed or sold during the period of
| ||||||
10 | registration. The late assessment is not a bar to prosecution | ||||||
11 | for doing
business without proper registry.
| ||||||
12 | 9. The Director may prescribe by regulation to allow | ||||||
13 | pesticide use for
a special local need, pursuant to FIFRA.
| ||||||
14 | 10. The Director may prescribe by regulation the | ||||||
15 | provisions for and
requirements of registering a pesticide | ||||||
16 | intended for experimental use.
| ||||||
17 | 11. The Director shall not make any lack of essentiality a | ||||||
18 | criterion for
denial of registration of any pesticide. Where 2 | ||||||
19 | pesticides meet the
requirements, one should not be registered | ||||||
20 | in preference to the other.
| ||||||
21 | 12. It shall be the duty of the pesticide registrant to | ||||||
22 | properly
dispose of any pesticide the registration of which | ||||||
23 | has been suspended,
revoked or cancelled or which is otherwise | ||||||
24 | not properly registered
in the State.
| ||||||
25 | (Source: P.A. 100-115, eff. 8-15-17.)
|
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| |||||||
1 | (415 ILCS 60/10) (from Ch. 5, par. 810)
| ||||||
2 | Sec. 10. Commercial applicator license. No commercial
| ||||||
3 | applicator
shall use or supervise the use of any pesticide | ||||||
4 | without a commercial
license issued by the Director. For the | ||||||
5 | years preceding the year 2001, the
Director shall require an | ||||||
6 | annual
fee for commercial applicator license of $35.
For the | ||||||
7 | years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee | ||||||
8 | for a
commercial applicator license is $45. For the years 2007 | ||||||
9 | through 2017, the
annual fee for a commercial applicator | ||||||
10 | license is $60. For the years 2018 through 2023 and | ||||||
11 | thereafter , the fee for a multi-year commercial applicator | ||||||
12 | license is $180. For the years 2024 and thereafter, the fee for | ||||||
13 | a multi-year commercial applicator license is $240. The late | ||||||
14 | application
fee for a
commercial applicator license shall be | ||||||
15 | $20 in
addition to the normal license fee. A commercial | ||||||
16 | applicator shall be assessed
a fee of $10 for a duplicate | ||||||
17 | license.
| ||||||
18 | 1. Application for the commercial applicator license shall | ||||||
19 | be made
in writing on designated forms available from the | ||||||
20 | Director. Each
application shall contain information regarding | ||||||
21 | the applicants
qualifications, nature of the proposed | ||||||
22 | operation, classification of
license being sought, and shall | ||||||
23 | include the following:
| ||||||
24 | A. The full name of the applicant.
| ||||||
25 | B. The address of the applicant.
| ||||||
26 | C. Any necessary information prescribed by the |
| |||||||
| |||||||
1 | Director on the
designated application form.
| ||||||
2 | 2. An applicant for a license shall demonstrate competence | ||||||
3 | and
knowledge regarding pesticide use in accordance with | ||||||
4 | Section 9 of this Act.
| ||||||
5 | 3. A licensed commercial applicator must provide to the | ||||||
6 | Director at
the time of original licensing and must maintain | ||||||
7 | throughout the licensure period evidence of financial
| ||||||
8 | responsibility protecting persons who may suffer personal | ||||||
9 | injury or property
damage or both as a result of the pesticide | ||||||
10 | operation of the applicant in
either of the following manners:
| ||||||
11 | A. Evidence of responsibility may be provided in the | ||||||
12 | form of a surety
bond for each licensed commercial | ||||||
13 | applicator naming the licensed commercial
applicator as | ||||||
14 | principal of the bond. The amount of the bond shall be not
| ||||||
15 | less than $50,000 per year. It is permissible to provide | ||||||
16 | two bonds; one
for $25,000 for bodily injury liability and | ||||||
17 | the second for $25,000 for property
damage liability. The | ||||||
18 | bond or bonds shall be made payable to the Director
of | ||||||
19 | Agriculture, State of Illinois, for the benefit of the | ||||||
20 | injured party
and shall be conditioned upon compliance | ||||||
21 | with the provisions of this Act
by the principal, his or | ||||||
22 | her officers, representatives and employees; or
| ||||||
23 | B. Evidence of responsibility may be provided in the | ||||||
24 | form of a
certificate of liability
insurance providing | ||||||
25 | coverage for each licensed commercial applicator or
| ||||||
26 | licensed entity in the amount of not less than $50,000 per |
| |||||||
| |||||||
1 | person, $100,000
per occurrence bodily injury liability | ||||||
2 | coverage, with an annual
aggregate of not less than | ||||||
3 | $500,000, and $50,000 per occurrence property
damage | ||||||
4 | liability, with
an annual aggregate of not less than | ||||||
5 | $50,000; or, in lieu thereof,
a combined single limit of | ||||||
6 | not less than
$100,000 bodily injury and property damage | ||||||
7 | liability combined, with an
annual aggregate of not less | ||||||
8 | than $500,000.
| ||||||
9 | 4. Every insurance policy or bond shall contain a | ||||||
10 | provision that it
will not be cancelled or reduced by the | ||||||
11 | principal or insurance company,
except upon 30 days prior | ||||||
12 | notice in writing to the Director of the Department
at the | ||||||
13 | Springfield, Illinois office and the principal insured. A | ||||||
14 | reduction
or cancellation of policy shall not affect the | ||||||
15 | liability accrued or which
may accrue under such policy before | ||||||
16 | the expiration of the 30 days. The
notice shall contain the | ||||||
17 | termination date. Upon said reduction or
cancellation, the | ||||||
18 | Director shall immediately notify the licensee that his
or her | ||||||
19 | license will be suspended and the effective date until the | ||||||
20 | minimum
bond or liability insurance requirements are met by | ||||||
21 | the licensee for the
current license period.
| ||||||
22 | 5. Nothing in this Act shall be construed to relieve any | ||||||
23 | person from
liability for any damage to persons or property | ||||||
24 | caused by use of
pesticides even though such use conforms to | ||||||
25 | label instructions and
pertinent rules and regulations of this | ||||||
26 | State.
|
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| |||||||
1 | 6. The Director may renew any applicant's license in the
| ||||||
2 | classifications for which such applicant is licensed, subject | ||||||
3 | to
requalification requirements imposed by the Director. | ||||||
4 | Requalification
standards shall be prescribed by regulations | ||||||
5 | adopted pursuant to this
Act and are required to ensure that | ||||||
6 | the licensed commercial applicator
meets the requirements of | ||||||
7 | changing technology and to assure a continued
level of | ||||||
8 | competence and ability.
| ||||||
9 | 7. The Director may limit the license of an applicant to | ||||||
10 | allow only
the use of certain pesticides in a delimited | ||||||
11 | geographic area, or to the
use of certain application | ||||||
12 | techniques or equipment. If a license is not
issued as applied | ||||||
13 | for, the Director shall inform the applicant in
writing of the | ||||||
14 | reasons and extend an opportunity for the applicant to
| ||||||
15 | complete the requirements for the license desired.
| ||||||
16 | 8. For the purpose of uniformity, the Director may enter | ||||||
17 | into
agreements for accepting standards of qualification of | ||||||
18 | other states as a
basis for licensing commercial applicators.
| ||||||
19 | (Source: P.A. 99-540, eff. 1-1-17 .)
| ||||||
20 | (415 ILCS 60/11) (from Ch. 5, par. 811)
| ||||||
21 | Sec. 11. Certified Pesticide Applicators. No person shall | ||||||
22 | use or supervise
the use of pesticides classified for | ||||||
23 | restricted use without a license
issued by the Director. | ||||||
24 | Persons licensed or desiring to be licensed as
certified | ||||||
25 | pesticide applicators shall comply with the certification
|
| |||||||
| |||||||
1 | requirements as set forth in Section 9 of this Act in order to | ||||||
2 | protect
public health and the environment, including injury to | ||||||
3 | the applicator or
other persons using these pesticides.
| ||||||
4 | An applicant for certification as a private pesticide | ||||||
5 | applicator shall
meet qualification requirements prescribed by | ||||||
6 | regulation. The application
for certification shall be made in | ||||||
7 | writing to the Director, on forms available
from the Director | ||||||
8 | or the local county agricultural extension adviser's
office | ||||||
9 | and be accompanied by payment of a $10 license fee in the years
| ||||||
10 | preceding the year 2001. During the years
2001, 2002, 2003, | ||||||
11 | 2004, 2005, and 2006, the private pesticide applicator
license | ||||||
12 | fee shall be $15. During the years 2007 through 2010, the | ||||||
13 | private
pesticide applicator license fee shall be $20. For the | ||||||
14 | years 2011 through 2023 and thereafter , the private pesticide | ||||||
15 | applicator license fee shall be $30. For the years 2024 and | ||||||
16 | thereafter, the private
pesticide applicator license fee shall | ||||||
17 | be $60. A
private
pesticide applicator shall be assessed a fee | ||||||
18 | of $5 for a duplicate license.
Such application shall include:
| ||||||
19 | A. The full name of the applicant.
| ||||||
20 | B. The mailing address of the applicant.
| ||||||
21 | C. The documents required as evidence
of competence | ||||||
22 | and knowledge regarding the use of pesticides.
| ||||||
23 | Certification, as a private pesticide applicator, issued | ||||||
24 | by the
Director shall be valid for a period prescribed by | ||||||
25 | regulation. The Director
shall develop regulatory standards to | ||||||
26 | ensure that certified private pesticide
applicators continue |
| |||||||
| |||||||
1 | to meet the requirements of a changing technology and
assure a | ||||||
2 | continued level of competence and ability.
| ||||||
3 | (Source: P.A. 96-1310, eff. 7-27-10.)
| ||||||
4 | (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
| ||||||
5 | Sec. 11.1. Commercial not-for-hire license. No
commercial | ||||||
6 | not-for-hire applicator shall use or supervise the use of any
| ||||||
7 | pesticide without a license issued by the Director.
For the | ||||||
8 | years 2011 through 2017, the commercial not-for-hire pesticide | ||||||
9 | applicator license fee shall be $20. For the years 2018 | ||||||
10 | through 2023 and thereafter , the fee for a multi-year | ||||||
11 | commercial not-for-hire pesticide applicator license is $60. | ||||||
12 | For the years 2024 and thereafter, the fee for a multi-year | ||||||
13 | commercial not-for-hire pesticide applicator license is $120. | ||||||
14 | The late application fee for a public or commercial | ||||||
15 | not-for-hire applicator
license shall be $20 in addition to | ||||||
16 | the normal license fees. A commercial not-for-hire applicator | ||||||
17 | shall be assessed
a fee of $10 for a duplicate license.
| ||||||
18 | 1. Application for certification as a commercial | ||||||
19 | not-for-hire pesticide
applicator shall be made in writing on | ||||||
20 | designated forms available from the
Director. Each application | ||||||
21 | shall contain information regarding the
qualifications
of the | ||||||
22 | applicant, classification of certification being sought, and | ||||||
23 | shall
include the following:
| ||||||
24 | A. The full name of the applicant.
| ||||||
25 | B. The name of the applicant's employer.
|
| |||||||
| |||||||
1 | C. The address at the applicant's place of employment.
| ||||||
2 | D. Any other information prescribed by the Director on | ||||||
3 | the designated
form.
| ||||||
4 | 2. The Director shall not issue a certification to a | ||||||
5 | commercial not-for-hire
pesticide applicator until the | ||||||
6 | individual identified has demonstrated his
competence and | ||||||
7 | knowledge regarding pesticide use in accordance with
Section 9 | ||||||
8 | of this Act.
| ||||||
9 | 3. The Director shall not renew a certification as a | ||||||
10 | commercial not-for-hire
pesticide applicator until the | ||||||
11 | applicant
reestablishes his qualifications in accordance
with | ||||||
12 | Section 9 of this Act
or has met other requirements imposed by | ||||||
13 | regulation in order to ensure that
the applicant meets the | ||||||
14 | requirements of changing technology and to assure
a continued | ||||||
15 | level of competence and ability.
| ||||||
16 | 4. (Blank).
| ||||||
17 | 5. (Blank).
| ||||||
18 | 6. (Blank).
| ||||||
19 | 7. Persons applying general use pesticides, approved by | ||||||
20 | the
Inter-Agency Committee on the Use of Pesticides, to scrap | ||||||
21 | tires for the
control of mosquitoes shall be exempt from the | ||||||
22 | license requirements of this
Section.
| ||||||
23 | (Source: P.A. 99-540, eff. 1-1-17 .)
| ||||||
24 | (415 ILCS 60/12) (from Ch. 5, par. 812)
| ||||||
25 | Sec. 12. Licensed operator. No pesticide operator shall |
| |||||||
| |||||||
1 | use any pesticides
without a pesticide operator license issued | ||||||
2 | by the Director.
| ||||||
3 | 1. Application for an operator license shall be made in | ||||||
4 | writing on
designated
forms available from the Director. Each | ||||||
5 | application shall contain information
regarding the nature of | ||||||
6 | applicants pesticide use, his qualifications, and
such other | ||||||
7 | facts as prescribed on the form. The application shall also
| ||||||
8 | include the following:
| ||||||
9 | A. The full name of applicant.
| ||||||
10 | B. The address of the applicant.
| ||||||
11 | C. The name of and license/certification number of the | ||||||
12 | pesticide
applicator
under whom the applicant will work.
| ||||||
13 | 2. The Director shall not issue a pesticide operator | ||||||
14 | license until the
individual identified has demonstrated his | ||||||
15 | competence and knowledge regarding
pesticide use in accordance | ||||||
16 | with Section 9 of this Act.
| ||||||
17 | 3. The Director shall not issue an operator license to any | ||||||
18 | person who
is unable to provide the name and | ||||||
19 | license/certification number of an applicator
under whom the | ||||||
20 | operator will work.
| ||||||
21 | 4. For the years preceding the year 2001, a licensed | ||||||
22 | commercial operator working
for or under the supervision of a | ||||||
23 | certified
licensed commercial pesticide applicator shall pay | ||||||
24 | an annual fee of $25.
For the years 2001, 2002, and 2003, the | ||||||
25 | annual fee for a commercial operator
license is $30. For the | ||||||
26 | years 2004, 2005, and 2006, the annual fee for a
commercial |
| |||||||
| |||||||
1 | operator license is $35. For the years 2007 through 2017, the
| ||||||
2 | annual fee for a commercial operator license is $40. For the | ||||||
3 | years 2018 through 2023 and thereafter , the fee for a | ||||||
4 | multi-year commercial operator license is $120. For the years | ||||||
5 | 2024 and thereafter, the fee for a multi-year commercial | ||||||
6 | operator license is $180.
The late application fee for an | ||||||
7 | operator license shall be $20 in
addition to the normal | ||||||
8 | license fee. A licensed operator shall be assessed a
fee of $10 | ||||||
9 | for a duplicate license.
| ||||||
10 | 5. For the years 2011 through 2017, the commercial | ||||||
11 | not-for-hire pesticide operator license fee shall be $15. For | ||||||
12 | the years 2018 through 2023 and thereafter , the fee for a | ||||||
13 | multi-year commercial not-for-hire pesticide operator license | ||||||
14 | is $45. For the years 2024 and thereafter, the fee for a | ||||||
15 | multi-year commercial not-for-hire pesticide operator license | ||||||
16 | is $90. The late application fee for a commercial not-for-hire | ||||||
17 | operator license shall be $20 in addition to the normal | ||||||
18 | license fee. A commercial not-for-hire operator shall be | ||||||
19 | assessed a fee of $10 for a duplicate license. | ||||||
20 | (Source: P.A. 99-540, eff. 1-1-17; 100-115, eff. 8-15-17.)
| ||||||
21 | (415 ILCS 60/13) (from Ch. 5, par. 813)
| ||||||
22 | Sec. 13. Pesticide dealers. Any pesticide dealer who sells | ||||||
23 | Restricted
Use pesticides shall be registered with the | ||||||
24 | Department on forms provided by
the Director. Beginning July | ||||||
25 | 1, 2005, any pesticide dealer that sells non-restricted use |
| |||||||
| |||||||
1 | pesticides for use in the production of an agricultural | ||||||
2 | commodity in containers with a capacity of 2.5 gallons or | ||||||
3 | greater or 10 pounds or greater must also register with the | ||||||
4 | Department on forms provided by the Director. Through 2017, | ||||||
5 | registration shall consist of passing a required
examination | ||||||
6 | and payment of a $100 registration fee. For the years 2018 | ||||||
7 | through 2023 and thereafter , the pesticide dealer registration | ||||||
8 | fee for a multi-year registration period is $300. For the | ||||||
9 | years 2024 and thereafter, the pesticide dealer registration | ||||||
10 | fee for a multi-year registration period is $350.
The late | ||||||
11 | application fee for a pesticide dealer registration shall be | ||||||
12 | $20 in
addition to the normal pesticide dealer registration | ||||||
13 | fee. A pesticide dealer
shall be assessed a fee of $10 for a | ||||||
14 | duplicate registration.
| ||||||
15 | Dealers who hold a Structural Pest Control license with | ||||||
16 | the Illinois
Department of Public Health or a Commercial | ||||||
17 | Applicator's
license with the Illinois Department of | ||||||
18 | Agriculture are exempt from the
registration fee but must | ||||||
19 | register with the Department.
| ||||||
20 | Each place of business which sells restricted use | ||||||
21 | pesticides or non-restricted pesticides for use in the | ||||||
22 | production of an agricultural commodity in containers with a | ||||||
23 | capacity of 2.5 gallons or greater or 10 pounds or greater
| ||||||
24 | shall be considered a separate entity for the purpose of | ||||||
25 | registration. | ||||||
26 | Registration as a pesticide dealer shall expire on |
| |||||||
| |||||||
1 | December 31 of the
year in which it is to expire. Pesticide | ||||||
2 | dealers shall be certified in accordance with Section 9
of | ||||||
3 | this Act.
| ||||||
4 | The Director may prescribe, by rule, requirements for the | ||||||
5 | registration
and testing of any pesticide dealer selling other | ||||||
6 | than restricted use
pesticides and such rules shall include | ||||||
7 | the establishment of a
registration fee in an amount not to | ||||||
8 | exceed the pesticide dealer registration
fee.
| ||||||
9 | The Department may refuse to issue or may suspend the | ||||||
10 | registration
of any person who fails to file a return, or to | ||||||
11 | pay the tax, penalty, or
interest shown in a filed return, or | ||||||
12 | to pay any final assessment of tax,
penalty, or interest, as | ||||||
13 | required by any tax Act administered by the
Illinois | ||||||
14 | Department of Revenue, until such time as the requirements of | ||||||
15 | any
such tax Act are satisfied.
| ||||||
16 | (Source: P.A. 99-540, eff. 1-1-17 .)
| ||||||
17 | (415 ILCS 60/13.3) | ||||||
18 | Sec. 13.3. Agrichemical facility containment permits. An | ||||||
19 | agrichemical containment permit issued by the Department shall | ||||||
20 | be obtained for each existing and new agrichemical facility | ||||||
21 | and non-commercial agrichemical facility as defined by rules | ||||||
22 | promulgated by the Department. A permit fee of $250 $100 shall | ||||||
23 | be submitted to the Department with each permit application or | ||||||
24 | permit renewal application. All moneys collected under this | ||||||
25 | Section must be deposited into the Pesticide Control Fund.
|
| |||||||
| |||||||
1 | (Source: P.A. 96-1310, eff. 7-27-10.) | ||||||
2 | Section 10. The Lawn Care Products Application and Notice | ||||||
3 | Act is amended by changing Section 5 as follows:
| ||||||
4 | (415 ILCS 65/5) (from Ch. 5, par. 855)
| ||||||
5 | Sec. 5. Containment of spills, wash water, and rinsate | ||||||
6 | collection.
| ||||||
7 | (a) No loading of lawn care products for distribution to a | ||||||
8 | customer or
washing or rinsing of pesticide residues from | ||||||
9 | vehicles,
application equipment, mixing equipment, floors or | ||||||
10 | other items used for the
storage, handling, preparation for | ||||||
11 | use, transport, or application of
pesticides to lawns shall be | ||||||
12 | performed at a facility except in designated
containment areas | ||||||
13 | in accordance with the requirements of this
Section.
A lawn | ||||||
14 | care containment permit, issued by the Department, shall be
| ||||||
15 | obtained prior to the operation of the containment area. The
| ||||||
16 | Department shall issue a lawn care containment permit when the | ||||||
17 | containment
area or facility complies with the provisions of | ||||||
18 | this Section and the rules
and regulations adopted under | ||||||
19 | Sections 5 and 6. A permit fee of $250 $100 shall be submitted | ||||||
20 | to the Department with each permit application or permit | ||||||
21 | renewal
application. All moneys collected pursuant to this | ||||||
22 | Section
shall be deposited into the Pesticide Control Fund.
| ||||||
23 | (b) No later than January 1, 1993, containment areas
shall | ||||||
24 | be
in use in any facility as defined in this Act and no wash |
| |||||||
| |||||||
1 | water or rinsates
may be released into the environment except | ||||||
2 | in accordance with applicable
law. Containment areas shall | ||||||
3 | include the following
requirements:
| ||||||
4 | (1) The containment area shall be constructed of | ||||||
5 | concrete,
asphalt or
other impervious materials which | ||||||
6 | include, but are not limited to,
polyethylene containment | ||||||
7 | pans and synthetic membrane liners. All containment
area | ||||||
8 | materials shall be compatible with the lawncare products | ||||||
9 | to be
contained.
| ||||||
10 | (2) The containment area shall be designed to capture | ||||||
11 | spills,
washwaters,
and rinsates generated in the loading | ||||||
12 | of application devices, the lawncare
product-related | ||||||
13 | servicing
of vehicles, and the triple rinsing of pesticide
| ||||||
14 | containers and to prevent the release of such spills, | ||||||
15 | washwaters, or
rinsates
to the environment other than as | ||||||
16 | described in paragraph (3) of this subsection
(b).
| ||||||
17 | (3) Spills, washwaters, and rinsates captured in the
| ||||||
18 | containment area may
be used in accordance with the label | ||||||
19 | rates of the lawncare products,
reused as makeup water for | ||||||
20 | dilution of pesticides in preparation of
application, or | ||||||
21 | disposed in accordance with applicable local, State and
| ||||||
22 | federal regulations.
| ||||||
23 | (c) The requirements of this Section shall not apply to | ||||||
24 | situations
constituting an emergency where washing or rinsing | ||||||
25 | of pesticide residues
from equipment or other items is | ||||||
26 | necessary to prevent imminent harm to human
health or the |
| |||||||
| |||||||
1 | environment.
| ||||||
2 | (d) The requirements of this Section shall not apply to | ||||||
3 | persons subject
to the containment requirements of the | ||||||
4 | Illinois Pesticide Act or the
Illinois Fertilizer Act of 1961
| ||||||
5 | and any rules or regulations adopted thereunder.
| ||||||
6 | (Source: P.A. 96-1310, eff. 7-27-10.)
|