Full Text of SB1482 101st General Assembly
SB1482 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB1482 Introduced 2/13/2019, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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415 ILCS 60/24.1 | from Ch. 5, par. 824.1 |
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Amends the Illinois Pesticide Act. Increases the monetary penalties for violations of the Act. Effective January 1, 2020.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 Section 24.1 as follows:
| 6 | | (415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
| 7 | | Sec. 24.1. Administrative actions and penalties.
| 8 | | (1) The Director is authorized after an opportunity for an | 9 | | administrative
hearing to suspend, revoke, or modify any | 10 | | license, permit, special order,
registration, or certification | 11 | | issued under this Act. This action may be
taken in addition to | 12 | | or in lieu of monetary penalties assessed as set forth
in this | 13 | | Section. When it is in the interest of the people of the State
| 14 | | of Illinois, the Director may, upon good and sufficient | 15 | | evidence, suspend
the registration, license, or permit until a | 16 | | hearing has been held. In
such cases, the Director shall issue | 17 | | an order in writing setting forth the
reasons for the | 18 | | suspension. Such order shall be served personally on the
person | 19 | | or by registered or certified mail sent to the person's | 20 | | business
address as shown in the latest notification to the | 21 | | Department. When such
an order has been issued by the Director, | 22 | | the person may request an immediate
hearing.
| 23 | | (2) Before initiating hearing proceedings, the Director |
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| 1 | | may issue an
advisory letter to a violator of this Act or its | 2 | | rules and regulations when the
violation points total 6 or | 3 | | less, as determined by the Department by the Use
and Violation | 4 | | Criteria established in this Section. When the Department
| 5 | | determines that the violation points total more than 6 but not | 6 | | more than 13,
the Director shall issue a warning letter to the | 7 | | violator.
| 8 | | (3) The hearing officer upon determination of a violation | 9 | | or
violations shall assess one or more of the following | 10 | | penalties:
| 11 | | (A) For any person applying pesticides without a | 12 | | license or
misrepresenting
certification or failing to | 13 | | comply with conditions of an agrichemical
facility permit | 14 | | or failing to comply with the conditions of a written
| 15 | | authorization for land application of agrichemical | 16 | | contaminated soils or
groundwater, a penalty of $500 shall | 17 | | be assessed for the first offense
and $1,000 for the second | 18 | | and subsequent offenses.
| 19 | | (B) For violations of a stop use order imposed by the | 20 | | Director,
the penalty shall be $2500.
| 21 | | (C) For violations of a stop sale order imposed by the | 22 | | Director, the
penalty shall be $1500 for each individual | 23 | | item of the product found in
violation of the order.
| 24 | | (D) For selling restricted use pesticides to a | 25 | | non-certified
applicator the penalty shall be $1000.
| 26 | | (E) For selling restricted use pesticides without a |
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| 1 | | dealer's
license the penalty shall be $1,000.
| 2 | | (F) For constructing or operating without an | 3 | | agrichemical facility
permit after receiving written | 4 | | notification, the penalty shall be $500 for
the first | 5 | | offense and $1,000 for the second and subsequent offenses.
| 6 | | (G) For violations of the Act and Rules and | 7 | | Regulations, administrative
penalties will be based upon | 8 | | the total violation points as determined by
the Use and | 9 | | Violation Criteria as set forth in paragraph (4) of this
| 10 | | Section.
The monetary penalties shall be as follows:
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11 | | Total Violation Points |
Monetary Penalties |
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12 | | 14-16 |
$2,250 $750 |
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13 | | 17-19 |
$3,000 $1000 |
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14 | | 20-21 |
$7,500 $2500 |
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15 | | 22-25 |
$15,000 $5000 |
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16 | | 26-29 |
$22,500 $7500 |
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17 | | 30 and above |
$30,000 $10,000 |
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18 | | (4) The following Use and Violation Criteria establishes | 19 | | the point value
which shall be compiled to determine the total | 20 | | violation points and
administrative actions or monetary | 21 | | penalties to be imposed as set forth in
paragraph (3)(G) of | 22 | | this Section:
| 23 | | (A) Point values shall be assessed upon the harm or | 24 | | loss incurred.
| 25 | | (1) A point value of 1 shall be assessed for the | 26 | | following:
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| 1 | | (a) Exposure to a pesticide by plants, animals | 2 | | or humans
with no symptoms or damage noted.
| 3 | | (b) Fraudulent sales practices or | 4 | | representations with no
apparent monetary losses | 5 | | involved.
| 6 | | (2) A point value of 2 shall be assessed for the | 7 | | following:
| 8 | | (a) Exposure to a pesticide which resulted in:
| 9 | | (1) Plants or property showing signs of | 10 | | damage including
but not
limited to leaf curl, | 11 | | burning, wilting, spotting, discoloration, or | 12 | | dying.
| 13 | | (2) Garden produce or an agricultural crop | 14 | | not being
harvested on schedule.
| 15 | | (3) Fraudulent sales practices or | 16 | | representations
resulting in losses under | 17 | | $500.
| 18 | | (3) A point value of 4 shall be assessed for the | 19 | | following:
| 20 | | (a) Exposure to a pesticide resulting in a | 21 | | human experiencing
headaches, nausea, eye | 22 | | irritation and such other symptoms which persisted
| 23 | | less than 3 days.
| 24 | | (b) Plant or property damage resulting in a | 25 | | loss below $1000.
| 26 | | (c) Animals exhibiting symptoms of pesticide |
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| 1 | | poisoning
including but not limited to eye or skin | 2 | | irritations or lack of coordination.
| 3 | | (d) Death to less than 5 animals.
| 4 | | (e) Fraudulent sales practices or | 5 | | representations resulting
in losses from $500 to | 6 | | $2000.
| 7 | | (4) A point value of 6 shall be assessed for the | 8 | | following:
| 9 | | (a) Exposure to a pesticide resulting in a | 10 | | human experiencing
headaches, nausea, eye | 11 | | irritation and such other symptoms which persisted | 12 | | 3 or
more days.
| 13 | | (b) Plant or property damage resulting in a | 14 | | loss of $1000
or more.
| 15 | | (c) Death to 5 or more animals.
| 16 | | (d) Fraudulent sales practices or | 17 | | representations resulting
in losses over $2000.
| 18 | | (B) Point values shall be assessed based upon the | 19 | | signal word
on the label of the chemical involved:
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20 | | Point Value |
Signal Word |
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21 | | 1 |
Caution |
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22 | | 2 |
Warning |
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23 | | 4 |
Danger/Poison |
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24 | | (C) Point values shall be assessed based upon the | 25 | | degree of
responsibility. |
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26 | | Point Value |
Degree of Responsibility |
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| 1 | | 2 |
Accidental (such as equipment malfunction) |
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2 | | 4 |
Negligence |
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3 | | 10 |
Knowingly |
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4 | | (D) Point values shall be assessed based upon the | 5 | | violator's
history for the previous 3 years: |
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6 | | Point Value |
Record |
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7 | | 2 |
Advisory letter |
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8 | | 3 |
Warning letter |
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9 | | 5 | 10 | | | 11 | | | 12 | | |
Previous criminal conviction
of this Act or administrative violation resulting in a monetary penalty |
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13 | | 7 | 14 | | |
Certification, license or
registration currently suspended
or revoked |
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15 | | (E) Point values shall be assessed based upon the | 16 | | violation
type: |
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17 | | (1) Application Oriented: |
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18 | | Point Value |
Violation |
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19 | | 1 |
Inadequate records |
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20 | | 2 |
Lack of supervision |
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21 | | 2 |
Faulty equipment |
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22 | | Use contrary to label directions: |
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23 | | 2 |
a. resulting in exposure to
applicator or operator |
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| 1 | | 3 | 2 | | |
b. resulting in exposure to other
persons or the environment |
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3 | | 3 | 4 | | |
c. precautionary statements, sites,
rates, restricted use requirements |
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5 | | 3 |
Water contamination |
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6 | | 3 |
Storage or disposal contrary
to label directions |
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7 | | 3 |
Pesticide drift |
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8 | | 4 |
Direct application to a non-target site |
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9 | | 6 |
Falsification of records |
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10 | | 6 | 11 | | |
Failure to secure a permit or
violation of permit or special order |
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12 | | (2) Product Oriented: |
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13 | | Point Value |
Violation |
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14 | | 6 |
Pesticide not registered |
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15 | | 4 |
Product label claims differ from
approved label |
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16 | | 4 | 17 | | |
Product composition (active
ingredients differs from that of
approved label) |
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18 | | 4 |
Product not colored as required |
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| 1 | | 4 | 2 | | | 3 | | |
Misbranding as set forth in Sec. 5
of the Act (4 points will be
assessed for each count) |
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4 | | (5) Any penalty not paid within 60 days of notice from | 5 | | the Department
shall be submitted to the Attorney General's | 6 | | Office for collection.
Failure to pay a penalty shall also | 7 | | be grounds for suspension or revocation
of permits, | 8 | | licenses and registrations.
| 9 | | (6) Private applicators, except those private | 10 | | applicators who have
been found by the Department to have | 11 | | committed a "use inconsistent with the
label" as defined in | 12 | | subsection 40 of Section 4 of this Act, are exempt from
the | 13 | | Use and Violation Criteria point values.
| 14 | | (Source: P.A. 90-403, eff. 8-15-97 .)
| 15 | | Section 99. Effective date. This Act takes effect January | 16 | | 1, 2020.
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