Full Text of HB4661 98th General Assembly
HB4661 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4661 Introduced , by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED: |
| 415 ILCS 60/19.3 | | 415 ILCS 60/22.2 | from Ch. 5, par. 822.2 |
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Amends the Illinois Pesticide Act. Removes provisions creating the Agrichemical Facility Response Action Program Board. Transfers certain duties of the Board to the Director of the Illinois Department of Agriculture or his or her authorized representative. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pesticide Act is amended by | 5 | | changing Sections 19.3 and 22.2 as follows:
| 6 | | (415 ILCS 60/19.3)
| 7 | | Sec. 19.3. Agrichemical Facility Response Action 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 pollution
and minimize | 11 | | environmental degradation risk potential at these sites. In | 12 | | this
Section, "agrichemical facility" means a site where | 13 | | agrichemicals are
stored or handled, or both, in preparation | 14 | | for end use. "Agrichemical
facility" does not include basic | 15 | | manufacturing or central distribution sites
utilized only for | 16 | | wholesale purposes. As used in this Section, "agrichemical"
| 17 | | means pesticides or commercial fertilizers at an agrichemical | 18 | | facility.
| 19 | | The program shall provide guidance for assessing the threat | 20 | | of soil
agrichemical
contaminants to groundwater and | 21 | | recommending which sites need to establish a
voluntary | 22 | | corrective action program.
| 23 | | The program shall establish appropriate site-specific soil |
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| 1 | | cleanup
objectives, which shall be based on the potential for | 2 | | the agrichemical
contaminants to move from the soil to | 3 | | groundwater and the potential of the
specific soil agrichemical | 4 | | contaminants to cause an
exceedence of a Class I
or Class III | 5 | | groundwater quality standard or a health advisory level. The
| 6 | | Department shall use the information found and procedures | 7 | | developed in the
Agrichemical Facility Site Contamination | 8 | | Study or other appropriate physical
evidence to establish the | 9 | | soil agrichemical contaminant
levels of concern to
groundwater | 10 | | in the various hydrological settings to establish | 11 | | site-specific
cleanup objectives.
| 12 | | No remediation of a site may be recommended unless (i) the | 13 | | agrichemical
contamination
level in the soil exceeds the | 14 | | site-specific cleanup objectives
or (ii) the agrichemical | 15 | | contaminant level in the soil
exceeds levels where physical | 16 | | evidence and risk evaluation indicates
probability of the site | 17 | | causing an
exceedence of a groundwater quality standard.
| 18 | | When a remediation plan must be carried out over a number | 19 | | of years due to
limited financial resources of the owner or | 20 | | operator of the agrichemical
facility, those soil agrichemical | 21 | | contaminated areas that
have the greatest potential to | 22 | | adversely impact vulnerable Class I groundwater
aquifers and | 23 | | adjacent potable water wells shall
receive the highest priority | 24 | | rating and be remediated first.
| 25 | | (b) (Blank). The Agrichemical Facility Response Action | 26 | | Program Board ("the Board") is
created. The
Board members shall |
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| 1 | | consist of the following:
| 2 | | (1) The Director or the Director's designee.
| 3 | | (2) One member who represents pesticide manufacturers.
| 4 | | (3) Two members who represent retail agrichemical | 5 | | dealers.
| 6 | | (4) One member who represents agrichemical | 7 | | distributors.
| 8 | | (5) One member who represents active farmers.
| 9 | | (6) One member at large.
| 10 | | The public members of the Board shall be appointed by the | 11 | | Governor for terms
of 2 years. Those persons on the Board who | 12 | | represent pesticide manufacturers,
agrichemical dealers, | 13 | | agrichemical distributors, and farmers shall be selected
from | 14 | | recommendations made by the associations whose membership | 15 | | reflects those
specific areas of interest. The members of the | 16 | | Board shall be appointed within
90 days after the effective | 17 | | date of this amendatory Act of 1995. Vacancies on
the Board | 18 | | shall be filled within 30 days. The Board may fill any | 19 | | membership
position vacant for a period exceeding 30 days.
| 20 | | The members of the Board shall be paid no compensation, but | 21 | | shall be
reimbursed
for their expenses incurred in performing | 22 | | their duties. If a civil
proceeding is commenced against a | 23 | | Board member arising out of an act or
omission occurring within | 24 | | the scope of the Board member's performance of his or
her | 25 | | duties under this Section, the State, as provided by rule, | 26 | | shall indemnify
the Board member for any damages awarded and |
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| 1 | | court costs and attorney's fees
assessed as part of a final and | 2 | | unreversed judgement, or shall pay the
judgment, unless the | 3 | | court or jury finds that the conduct or inaction that gave
rise | 4 | | to the claim or cause of action was intentional, wilful or | 5 | | wanton
misconduct and was not intended to serve or benefit | 6 | | interests of the State.
| 7 | | The chairperson of the Board shall be selected by the Board | 8 | | from among the
public members.
| 9 | | (c) (Blank). The Board has the authority to do the | 10 | | following:
| 11 | | (1) Cooperate with the Department and review and | 12 | | approve an agrichemical
facility remediation program as | 13 | | outlined in the handbook or manual as set forth
in | 14 | | subdivision (d)(8) of this Section.
| 15 | | (2) Review and give final approval to each agrichemical | 16 | | facility
corrective
action plan.
| 17 | | (3) Approve any changes to an agrichemical facility's | 18 | | corrective action
plan that may be necessary.
| 19 | | (4) Upon completion of the corrective action plan, | 20 | | recommend to the
Department that the site-specific cleanup | 21 | | objectives have been met and that a
notice of closure be | 22 | | issued by the Department stating that no further remedial
| 23 | | action is required to remedy the past agrichemical
| 24 | | contamination.
| 25 | | (5) When a soil agrichemical contaminant assessment
| 26 | | confirms that remedial
action
is not required in accordance |
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| 1 | | with the Agrichemical Facility Response Action
Program, | 2 | | recommend that a notice of closure be issued by the | 3 | | Department stating
that no
further remedial action is | 4 | | required to remedy the past agrichemical
contamination.
| 5 | | (6) Periodically review the Department's | 6 | | administration of the
Agrichemical Incident Response Trust | 7 | | Fund and actions taken with respect to the
Fund. The Board | 8 | | shall also provide advice to the Interagency Committee on
| 9 | | Pesticides regarding the proper handling of agrichemical | 10 | | incidents at
agrichemical facilities in Illinois.
| 11 | | (d) The Director has the authority to do the following:
| 12 | | (1) When requested by the owner or operator of an | 13 | | agrichemical
facility, may investigate the agrichemical | 14 | | facility site contamination.
| 15 | | (2) After completion of the investigation under | 16 | | paragraph (1) of subsection (d) subdivision (d)(1) of this
| 17 | | Section, recommend to the owner or operator of an
| 18 | | agrichemical facility that a
voluntary assessment be made | 19 | | of the soil agrichemical
contaminant when there is
evidence | 20 | | that the evaluation of risk indicates that
groundwater | 21 | | could be
adversely impacted.
| 22 | | (3) Review and make recommendations on any corrective | 23 | | action plan
submitted by the owner or operator of an | 24 | | agrichemical facility to the Board for
final approval .
| 25 | | (4) On approval by the Director Board , issue an order | 26 | | to the owner or operator of
an
agrichemical facility that |
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| 1 | | has filed a voluntary corrective action plan that
the owner | 2 | | or operator may proceed with that plan.
| 3 | | (5) Provide remedial project oversight and , monitor | 4 | | remedial work progress ,
and
report to the Board on the | 5 | | status of remediation projects .
| 6 | | (6) Provide staff to support program the activities of | 7 | | the Board .
| 8 | | (7) (Blank). Take appropriate action on the Board's | 9 | | recommendations regarding
policy
needed to carry out the | 10 | | Board's responsibilities under this Section.
| 11 | | (8) Incorporate In cooperation with the Board, | 12 | | incorporate the following into a
handbook or manual: the | 13 | | procedures for site assessment; pesticide constituents
of | 14 | | concern and associated parameters; guidance on remediation | 15 | | techniques, land
application, and corrective action plans; | 16 | | and other information or instructions
that the Department | 17 | | may find necessary.
| 18 | | (9) Coordinate preventive response actions at | 19 | | agrichemical facilities
pursuant to the
Groundwater | 20 | | Quality Standards adopted pursuant to Section 8 of the | 21 | | Illinois
Groundwater Protection Act to mitigate resource | 22 | | groundwater impairment.
| 23 | | Upon completion of the corrective action plan and upon | 24 | | recommendation of
the Board , the Department shall issue a | 25 | | notice of closure stating that
site-specific cleanup | 26 | | objectives have been met and no further remedial action
is |
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| 1 | | required to remedy the past agrichemical contamination.
| 2 | | When a soil agrichemical contaminant assessment confirms
| 3 | | that remedial action
is not required in accordance with the | 4 | | Agrichemical Facility Response Action
Program and upon the | 5 | | recommendation of the Board , a notice of closure shall be
| 6 | | issued by the Department stating that no
further remedial | 7 | | action is required to remedy the past agrichemical
| 8 | | contamination.
| 9 | | (e) Upon receipt of notification of an agrichemical
| 10 | | contaminant in
groundwater pursuant to the Groundwater Quality | 11 | | Standards, the Department shall
evaluate the severity of the | 12 | | agrichemical contamination and
shall submit to the
| 13 | | Environmental Protection Agency an informational notice | 14 | | characterizing it as
follows:
| 15 | | (1) An agrichemical contaminant in Class I or Class III
| 16 | | groundwater has
exceeded
the levels of a standard adopted | 17 | | pursuant to the Illinois Groundwater
Protection Act or a | 18 | | health advisory established by the Illinois Environmental
| 19 | | Protection Agency or the United States Environmental | 20 | | Protection Agency; or
| 21 | | (2) An agrichemical has been detected at a level that
| 22 | | requires
preventive notification pursuant to a standard | 23 | | adopted pursuant to the Illinois
Groundwater Protection | 24 | | Act.
| 25 | | (f) When agrichemical contamination is characterized as in | 26 | | paragraph (1) of subsection (e)
subdivision (e)(1) of this |
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| 1 | | Section, a facility may elect to participate in the
| 2 | | Agrichemical Facility
Response Action Program. In these | 3 | | instances, the scope of the corrective
action plans developed, | 4 | | approved, and completed under this program shall be
limited to | 5 | | the soil agrichemical
contamination present at the site unless | 6 | | implementation of the plan is
coordinated with the Illinois | 7 | | Environmental Protection Agency as follows:
| 8 | | (1) Upon receipt of notice of intent to include | 9 | | groundwater in an action
by a facility, the Department | 10 | | shall also
notify the Illinois Environmental Protection | 11 | | Agency.
| 12 | | (2) Upon receipt of the corrective action plan, the | 13 | | Department shall
coordinate a joint review of the plan with | 14 | | the Illinois Environmental
Protection Agency.
| 15 | | (3) The Illinois Environmental Protection Agency may | 16 | | provide a written
endorsement of the corrective action | 17 | | plan.
| 18 | | (4) The Illinois Environmental Protection Agency may | 19 | | approve a
groundwater
management zone for a period
of 5 | 20 | | years after the implementation of the corrective action | 21 | | plan to allow for
groundwater impairment mitigation | 22 | | results.
| 23 | | (5) (Blank). The Department, in cooperation with the | 24 | | Illinois Environmental
Protection Agency, shall recommend | 25 | | a proposed corrective action plan to the
Board for final | 26 | | approval to proceed with remediation. The recommendation |
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| 1 | | shall
be based on the joint review conducted under | 2 | | subdivision (f)(2) of this
Section and the status of any | 3 | | endorsement issued under subdivision (f)(3) of
this | 4 | | Section.
| 5 | | (6) The Department, in cooperation with the Illinois | 6 | | Environmental
Protection Agency, shall provide remedial | 7 | | project oversight and , monitor remedial
work progress , and | 8 | | report to the Board on the status of the remediation
| 9 | | project .
| 10 | | (7) The Department shall, upon completion of the | 11 | | corrective action plan
and recommendation of the Board , | 12 | | issue a notice of closure stating that no
further remedial | 13 | | action is required to remedy the past agrichemical
| 14 | | contamination.
| 15 | | (g) When an owner or operator of an agrichemical facility | 16 | | initiates a soil
contamination assessment on the owner's or | 17 | | operator's own volition and
independent of any requirement | 18 | | under this Section 19.3, information
contained in that | 19 | | assessment may be held as confidential information by the
owner | 20 | | or operator of the facility.
| 21 | | (h) Except as otherwise provided by Department rule, on and | 22 | | after the effective date of this amendatory Act of the 98th | 23 | | General Assembly, any Agrichemical Facility Response Action | 24 | | Program requirement that may be satisfied by an industrial | 25 | | hygienist licensed pursuant to the Industrial Hygienists | 26 | | Licensure Act repealed in this amendatory Act may be satisfied |
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| 1 | | by a Certified Industrial Hygienist certified by the American | 2 | | Board of Industrial Hygiene. | 3 | | (Source: P.A. 98-78, eff. 7-15-13.)
| 4 | | (415 ILCS 60/22.2) (from Ch. 5, par. 822.2)
| 5 | | Sec. 22.2. Agrichemical Incident Response Trust Fund. | 6 | | (a) There is hereby created a trust fund in
the State | 7 | | Treasury to be known as
the Agrichemical Incident Response | 8 | | Trust Fund. Any funds received by
the Director of Agriculture | 9 | | from the mandates of Section 13.1 shall be
deposited with the | 10 | | Treasurer as ex-officio custodian and held separate and
apart | 11 | | from any public money of this State, with accruing interest on
| 12 | | the trust funds deposited into the trust fund. Disbursement | 13 | | from the fund
for purposes as set forth in this Section shall | 14 | | be by voucher ordered by
the Director and paid by a warrant | 15 | | drawn by the State Comptroller and
countersigned by the State | 16 | | Treasurer. The Director shall order
disbursements from the | 17 | | Agrichemical Incident Response Trust Fund only for
payment of | 18 | | the expenses authorized by this Act. Monies in this trust fund
| 19 | | shall not be subject
to appropriation by the General Assembly | 20 | | but shall be subject to audit by
the Auditor General. Should | 21 | | the program be terminated, all unobligated
funds in the trust | 22 | | fund shall be transferred to a trust fund to be used for
| 23 | | purposes as originally intended or be transferred to the | 24 | | Pesticide Control
Fund. Interest earned on the Fund shall
be | 25 | | deposited in the Fund. Monies in the Fund may be used
by the |
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| 1 | | Department of Agriculture for the following purposes:
| 2 | | (1) for payment of costs of response action incurred by | 3 | | owners or
operators of agrichemical facilities as provided | 4 | | in Section 22.3 of this Act;
| 5 | | (2) for the Department to take emergency action in | 6 | | response to a
release of agricultural pesticides from an | 7 | | agrichemical facility that has
created an imminent threat | 8 | | to public health or the environment;
| 9 | | (3) for the costs of administering its activities | 10 | | relative to the Fund
as delineated in subsections (b) and | 11 | | (c) of this Section; and
| 12 | | (4) for the Department to administer the Agrichemical | 13 | | Facility Response Action Program. :
| 14 | | (A) reimburse members of the Agrichemical Facility | 15 | | Response Action
Program Board for their expenses | 16 | | incurred in performing their duties as defined
under | 17 | | Section 19.3 of this Act; and
| 18 | | (B) provide staff to support the activities of the | 19 | | Agrichemical Facility
Response Action Program Board.
| 20 | | The total annual expenditures from the Fund for these | 21 | | purposes under this
paragraph (4) shall not be more than | 22 | | $120,000, and no expenditure from the Fund
for these | 23 | | purposes shall be made when the Fund balance becomes less | 24 | | than
$750,000.
| 25 | | (b) The action undertaken shall be such as may be necessary | 26 | | or
appropriate to protect human health or the environment.
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| 1 | | (c) The Director of Agriculture is authorized to enter into | 2 | | contracts
and agreements as may be necessary to carry out the | 3 | | Department's duties
under this Section.
| 4 | | (d) Neither the State, the Director, nor any State employee | 5 | | shall be
liable for any damages or injury arising out of or | 6 | | resulting from any
action taken under this Section.
| 7 | | (e) (Blank). On a quarterly basis, the Department shall | 8 | | advise and consult with
the Agrichemical Facility Response | 9 | | Action Program Board as to the Department's
administration of | 10 | | the Fund.
| 11 | | (Source: P.A. 89-94, eff. 7-6-95.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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