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90_SB0305sam003
LRB9002359NTsbam04
1 AMENDMENT TO SENATE BILL 305
2 AMENDMENT NO. . Amend Senate Bill 305 by replacing
3 the title with following:
4 "AN ACT to amend the Illinois Pesticide Act by changing
5 Sections 19.3 and 24.1 and adding Section 13.2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Pesticide Act is amended by
9 changing Sections 19.3 and 24.1 and adding Section 13.2 as
10 follows:
11 (415 ILCS 60/13.2 new)
12 Sec. 13.2. Agrichemical facility.
13 (a) An agrichemical facility located within the State of
14 Illinois that was not in existence during the years 1991,
15 1992, and 1993 and therefore did not pay the registration fee
16 of $500 per year per agrichemical facility for those years
17 may make a one-time payment of $1,500 to the Department of
18 Agriculture for deposit into the Agrichemical Incident
19 Response Trust Fund to meet the eligibility requirement of
20 subdivision (2) of subsection (a) of Section 22.3 of this
21 Act. The payment must be received by the Department of
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1 Agriculture prior to an incident for which reimbursement is
2 sought under Section 22.3 to qualify for eligibility under
3 subdivision (2) of subsection (a) of Section 22.3.
4 (b) An agrichemical facility located within the State of
5 Illinois that was not in existence during the years 1991,
6 1992, and 1993 and therefore did not pay the registration fee
7 of $500 per year per agrichemical facility for those years
8 may also meet the eligibility requirement of subdivision (2)
9 of subsection (a) of Section 22.3 of this Act through the
10 transfer of eligibility from a facility under the same
11 ownership whose operations were discontinued after 1993 and
12 replaced by the new facility. To qualify for the eligibility
13 transfer, the owner must submit a written request for the
14 eligibility transfer to the Department of Agriculture, must
15 have paid the $500 registration fee for each of the years
16 1991, 1992, and 1993 for the original facility, and completed
17 all closure requirements contained in rules promulgated by
18 the Department of Agriculture. Upon receipt of the
19 eligibility transfer request, the Department of Agriculture
20 shall review the submittal and all related containment
21 facility files and shall notify the owner whether eligibility
22 can be transferred.
23 (c) An agrichemical facility located within the State of
24 Illinois that was in existence during the years 1991, 1992,
25 and 1993 but did not pay the registration fee of $500 per
26 year per agrichemical facility for those years may make
27 payment of the unremitted balance to the Department of
28 Agriculture for deposit into the Agrichemical Incident
29 Response Trust Fund to meet the eligibility requirement of
30 subdivision (2) of subsection (a) of Section 22.3 of this
31 Act. The payment must be received by the Department of
32 Agriculture prior to an incident for which reimbursement is
33 sought under Section 22.3 to qualify for eligibility under
34 subdivision (2) of subsection (a) of Section 22.3.
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1 (d) The moneys collected under this Section shall be
2 deposited into the Agrichemical Incident Response Trust Fund.
3 (e) For purposes of this Section, "agrichemical
4 facility" means a site:
5 (1) used for commercial purposes,
6 (A) where bulk pesticides are stored in a
7 single container in excess of 300 gallons of liquid
8 pesticide or 300 pounds of dry pesticide for more
9 than 30 days per year; or
10 (B) where more than 300 gallons of liquid
11 pesticide or 300 pounds of dry pesticide are being
12 mixed, repackaged, or transferred from one container
13 to another within a 30 days period; and
14 (2) that serves at a point in the pesticide
15 distribution chain immediately prior to final use.
16 (415 ILCS 60/19.3)
17 Sec. 19.3. Agrichemical Facility Response Action
18 Program.
19 (a) It is the policy of the State of Illinois that an
20 Agrichemical Facility Response Action Program be implemented
21 to reduce potential pesticide pollution and minimize
22 environmental degradation risk potential at these sites. In
23 this Section, "agrichemical facility" means a site where
24 agricultural pesticides are stored or handled, or both, in
25 preparation for end use. "Agrichemical facility" does not
26 include basic manufacturing or central distribution sites
27 utilized only for wholesale purposes.
28 The program shall provide guidance for assessing the
29 threat of soil pesticide contaminants to groundwater and
30 recommending which sites need to establish a voluntary
31 corrective action program.
32 The program shall establish appropriate site-specific
33 soil cleanup objectives, which shall be based on the
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1 potential for the pesticide contaminants to move from the
2 soil to groundwater and the potential of the specific soil
3 pesticide contaminants to cause an exceedence of a Class I or
4 Class III groundwater quality standard or a health advisory
5 level. The Department shall use the information found and
6 procedures developed in the Agrichemical Facility Site
7 Contamination Study or other appropriate physical evidence to
8 establish the soil pesticide contaminant levels of concern to
9 groundwater in the various hydrological settings to establish
10 site-specific cleanup objectives. The Department shall use a
11 probabilistic risk evaluation approach to establish
12 site-specific cleanup objectives. In this Section, a
13 "probabilistic risk evaluation" means a method of determining
14 risk assessment which involves a probabilistic evaluation of
15 risk by assessing the entire range of risks rather than
16 considering just a single worst-case estimate, thus providing
17 more useful information to determine the appropriate action
18 to achieve an acceptable level of risk.
19 No remediation of a site may be recommended unless (i)
20 the pesticide contamination level in the soil exceeds the
21 site-specific cleanup objectives or (ii) the pesticide
22 contaminant level in the soil exceeds levels where physical
23 evidence and probabilistic risk evaluation indicates
24 probability of the site causing an exceedence of a
25 groundwater quality standard.
26 When a remediation plan must be carried out over a number
27 of years due to limited financial resources of the owner or
28 operator of the agrichemical facility, those soil pesticide
29 contaminated areas that have the greatest probabilistic
30 potential to adversely impact vulnerable Class I groundwater
31 aquifers and adjacent potable water wells shall receive the
32 highest priority rating and be remediated first.
33 (b) The Agrichemical Facility Response Action Program
34 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
4 manufacturers.
5 (3) Two members who represent retail agrichemical
6 dealers.
7 (4) One member who represents agrichemical
8 distributors.
9 (5) One member who represents active farmers.
10 (6) One member at large.
11 The public members of the Board shall be appointed by the
12 Governor for terms of 2 years. Those persons on the Board who
13 represent pesticide manufacturers, agrichemical dealers,
14 agrichemical distributors, and farmers shall be selected from
15 recommendations made by the associations whose membership
16 reflects those specific areas of interest. The members of the
17 Board shall be appointed within 90 days after the effective
18 date of this amendatory Act of 1995. Vacancies on the Board
19 shall be filled within 30 days. The Board may fill any
20 membership position vacant for a period exceeding 30 days.
21 The members of the Board shall be paid no compensation,
22 but shall be reimbursed for their expenses incurred in
23 performing their duties. If a civil proceeding is commenced
24 against a Board member arising out of an act or omission
25 occurring within the scope of the Board member's performance
26 of his or her duties under this Section, the State, as
27 provided by rule, shall indemnify the Board member for any
28 damages awarded and court costs and attorney's fees assessed
29 as part of a final and unreversed judgement, or shall pay the
30 judgment, unless the court or jury finds that the conduct or
31 inaction that gave rise to the claim or cause of action was
32 intentional, wilful or wanton misconduct and was not intended
33 to serve or benefit interests of the State.
34 The chairperson of the Board shall be selected by the
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1 Board from among the public members.
2 (c) The Board has the authority to do the following:
3 (1) Cooperate with the Department and review and
4 approve an agrichemical facility remediation program as
5 outlined in the handbook or manual as set forth in
6 subdivision (d)(8) of this Section.
7 (2) Review and give final approval to each
8 agrichemical facility corrective action plan.
9 (3) Approve any changes to an agrichemical
10 facility's corrective action plan that may be necessary.
11 (4) Upon completion of the corrective action plan,
12 recommend to the Department that the site-specific
13 cleanup objectives have been met and that a notice of
14 closure be issued by the Department stating that no
15 further remedial action is required to remedy the past
16 pesticide contamination.
17 (5) When a soil pesticide contaminant assessment
18 confirms that remedial action is not required in
19 accordance with the Agrichemical Facility Response Action
20 Program, recommend that a notice of closure be issued by
21 the Department stating that no further remedial action is
22 required to remedy the past pesticide contamination.
23 (6) Periodically review the Department's
24 administration of the Agrichemical Incident Response
25 Trust Fund and actions taken with respect to the Fund.
26 The Board shall also provide advice to the Interagency
27 Committee on Pesticides regarding the proper handling of
28 agrichemical incidents at agrichemical facilities in
29 Illinois.
30 (d) The Director has the authority to do the following:
31 (1) When requested by the owner or operator of an
32 agrichemical facility, may investigate the agrichemical
33 facility site contamination.
34 (2) After completion of the investigation under
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1 subdivision (d)(1) of this Section, recommend to the
2 owner or operator of an agrichemical facility that a
3 voluntary assessment be made of the soil pesticide
4 contaminant when there is evidence that the evaluation of
5 probabilistic risk indicates that groundwater could be
6 adversely impacted.
7 (3) Review and make recommendations on any
8 corrective action plan submitted by the owner or operator
9 of an agrichemical facility to the Board for final
10 approval.
11 (4) On approval by the Board, issue an order to the
12 owner or operator of an agrichemical facility that has
13 filed a voluntary corrective action plan that the owner
14 or operator may proceed with that plan.
15 (5) Provide remedial project oversight, monitor
16 remedial work progress, and report to the Board on the
17 status of remediation projects.
18 (6) Provide staff to support the activities of the
19 Board.
20 (7) Take appropriate action on the Board's
21 recommendations regarding policy needed to carry out the
22 Board's responsibilities under this Section.
23 (8) In cooperation with the Board, incorporate the
24 following into a handbook or manual: the procedures for
25 site assessment; pesticide constituents of concern and
26 associated parameters; guidance on remediation
27 techniques, land application, and corrective action
28 plans; and other information or instructions that the
29 Department may find necessary.
30 (9) Coordinate preventive response actions at
31 agrichemical facilities pursuant to the Groundwater
32 Quality Standards adopted pursuant to Section 8 of the
33 Illinois Groundwater Protection Act to mitigate resource
34 groundwater impairment.
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1 Upon completion of the corrective action plan and upon
2 recommendation of the Board, the Department shall issue a
3 notice of closure stating that site-specific cleanup
4 objectives have been met and no further remedial action is
5 required to remedy the past pesticide contamination.
6 When a soil pesticide contaminant assessment confirms
7 that remedial action is not required in accordance with the
8 Agrichemical Facility Response Action Program and upon the
9 recommendation of the Board, a notice of closure shall be
10 issued by the Department stating that no further remedial
11 action is required to remedy the past pesticide
12 contamination.
13 (e) Upon receipt of notification of a pesticide
14 contaminant in groundwater pursuant to the Groundwater
15 Quality Standards, the Department shall evaluate the severity
16 of the pesticide contamination and shall submit to the
17 Environmental Protection Agency an informational notice
18 characterizing it as follows:
19 (1) A pesticide contaminant in Class I or Class III
20 groundwater has exceeded the levels of a standard adopted
21 pursuant to the Illinois Groundwater Protection Act or a
22 health advisory established by the Illinois Environmental
23 Protection Agency or the United States Environmental
24 Protection Agency; or
25 (2) A pesticide has been detected at a level that
26 requires preventive notification pursuant to a standard
27 adopted pursuant to the Illinois Groundwater Protection
28 Act.
29 (f) When pesticide contamination is characterized as in
30 subdivision (e)(1) of this Section, a facility may elect to
31 participate in the Agrichemical Facility Response Action
32 Program. In these instances, the scope of the corrective
33 action plans developed, approved, and completed under this
34 program shall be limited to the soil pesticide contamination
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1 present at the site unless implementation of the plan is
2 coordinated with the Illinois Environmental Protection Agency
3 as follows:
4 (1) Upon receipt of notice of intent to include
5 groundwater in an action by a facility, the Department
6 shall also notify the Illinois Environmental Protection
7 Agency.
8 (2) Upon receipt of the corrective action plan, the
9 Department shall coordinate a joint review of the plan
10 with the Illinois Environmental Protection Agency.
11 (3) The Illinois Environmental Protection Agency
12 may provide a written endorsement of the corrective
13 action plan.
14 (4) The Illinois Environmental Protection Agency
15 may approve a groundwater management zone for a period of
16 5 years after the implementation of the corrective action
17 plan to allow for groundwater impairment mitigation
18 results.
19 (5) The Department, in cooperation with the
20 Illinois Environmental Protection Agency, shall recommend
21 a proposed corrective action plan to the Board for final
22 approval to proceed with remediation. The recommendation
23 shall be based on the joint review conducted under
24 subdivision (f)(2) of this Section and the status of any
25 endorsement issued under subdivision (f)(3) of this
26 Section.
27 (6) The Department, in cooperation with the
28 Illinois Environmental Protection Agency, shall provide
29 remedial project oversight, monitor remedial work
30 progress, and report to the Board on the status of the
31 remediation project.
32 (7) The Department shall, upon completion of the
33 corrective action plan and recommendation of the Board,
34 issue a notice of closure stating that no further
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1 remedial action is required to remedy the past pesticide
2 contamination.
3 (g) When an owner or operator of an agrichemical
4 facility initiates a soil contamination assessment on the
5 owner's or operator's own volition and independent of any
6 requirement under this Section 19.3, information contained in
7 that assessment may be held as confidential information by
8 the owner or operator of the facility.
9 (Source: P.A. 89-94, eff. 7-6-95.)
10 (415 ILCS 60/24.1) (from Ch. 5, par. 824.1)
11 Sec. 24.1. Administrative actions and penalties.
12 (1) The Director is authorized after an opportunity for
13 an administrative hearing to suspend, revoke, or modify any
14 license, permit, special order, registration, or
15 certification issued under this Act. This action may be
16 taken in addition to or in lieu of monetary penalties
17 assessed as set forth in this Section. When it is in the
18 interest of the people of the State of Illinois, the Director
19 may, upon good and sufficient evidence, suspend the
20 registration, license, or permit until a hearing has been
21 held. In such cases, the Director shall issue an order in
22 writing setting forth the reasons for the suspension. Such
23 order shall be served personally on the person or by
24 registered or certified mail sent to the person's business
25 address as shown in the latest notification to the
26 Department. When such an order has been issued by the
27 Director, the person may request an immediate hearing.
28 (2) Before initiating hearing proceedings, the Director
29 may issue an advisory letter to a violator of this Act or its
30 rules and regulations when the violation points total 6 or
31 less, as determined by the Department by the Use and
32 Violation Criteria established in this Section. When the
33 Department determines that the violation points total more
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1 than 6 but not more than 13, the Director shall issue a
2 warning letter to the violator.
3 (3) The hearing officer upon determination of a
4 violation or violations shall assess one or more of the
5 following penalties:
6 (A) For any person applying pesticides without a
7 license or misrepresenting certification or failing to
8 comply with conditions of an agrichemical facility permit
9 or failing to comply with the conditions of a written
10 authorization for land application of agrichemical
11 contaminated soils or groundwater, a penalty of $500
12 shall be assessed for the first offense and $1,000 for
13 the second and subsequent offenses.
14 (B) For violations of a stop use order imposed by
15 the Director, the penalty shall be $2500.
16 (C) For violations of a stop sale order imposed by
17 the Director, the penalty shall be $1500 for each
18 individual item of the product found in violation of the
19 order.
20 (D) For selling restricted use pesticides to a
21 non-certified applicator the penalty shall be $1000.
22 (E) For selling restricted use pesticides without a
23 dealer's license the penalty shall be $1,000.
24 (F) For constructing or operating without an
25 agrichemical facility permit after receiving written
26 notification, the penalty shall be $500 for the first
27 offense and $1,000 for the second and subsequent
28 offenses.
29 (G) For violations of the Act and Rules and
30 Regulations, administrative penalties will be based upon
31 the total violation points as determined by the Use and
32 Violation Criteria as set forth in paragraph (4) of this
33 Section. The monetary penalties shall be as follows:
34 Total Violation Points Monetary Penalties
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1 14-16 $750
2 17-19 $1000
3 20-21 $2500
4 22-25 $5000
5 26-29 $7500
6 30 and above $10,000
7 (4) The following Use and Violation Criteria establishes
8 the point value which shall be compiled to determine the
9 total violation points and administrative actions or monetary
10 penalties to be imposed as set forth in paragraph (3)(G) of
11 this Section:
12 (A) Point values shall be assessed upon the harm or
13 loss incurred.
14 (1) A point value of 1 shall be assessed for
15 the following:
16 (a) Exposure to a pesticide by plants,
17 animals or humans with no symptoms or damage
18 noted.
19 (b) Fraudulent sales practices or
20 representations with no apparent monetary
21 losses involved.
22 (2) A point value of 2 shall be assessed for
23 the following:
24 (a) Exposure to a pesticide which
25 resulted in:
26 (1) Plants or property showing signs
27 of damage including but not limited to
28 leaf curl, burning, wilting, spotting,
29 discoloration, or dying.
30 (2) Garden produce or an
31 agricultural crop not being harvested on
32 schedule.
33 (3) Fraudulent sales practices or
34 representations resulting in losses under
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1 $500.
2 (3) A point value of 4 shall be assessed for
3 the following:
4 (a) Exposure to a pesticide resulting in
5 a human experiencing headaches, nausea, eye
6 irritation and such other symptoms which
7 persisted less than 3 days.
8 (b) Plant or property damage resulting in
9 a loss below $1000.
10 (c) Animals exhibiting symptoms of
11 pesticide poisoning including but not limited
12 to eye or skin irritations or lack of
13 coordination.
14 (d) Death to less than 5 animals.
15 (e) Fraudulent sales practices or
16 representations resulting in losses from $500
17 to $2000.
18 (4) A point value of 6 shall be assessed for
19 the following:
20 (a) Exposure to a pesticide resulting in
21 a human experiencing headaches, nausea, eye
22 irritation and such other symptoms which
23 persisted 3 or more days.
24 (b) Plant or property damage resulting in
25 a loss of $1000 or more.
26 (c) Death to 5 or more animals.
27 (d) Fraudulent sales practices or
28 representations resulting in losses over $2000.
29 (B) Point values shall be assessed based upon the
30 signal word on the label of the chemical involved:
31 Point Value Signal Word
32 1 Caution
33 2 Warning
34 4 Danger/Poison
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1 (C) Point values shall be assessed based upon the
2 degree of responsibility.
3 Point Value Degree of Responsibility
4 2 Accidental (such as equipment
5 malfunction)
6 4 Negligence
7 10 Knowingly
8 (D) Point values shall be assessed based upon the
9 violator's history for the previous 3 years:
10 Point Value Record
11 2 Advisory letter
12 3 Warning letter
13 5 Previous criminal conviction
14 of this Act or administrative
15 violation resulting in a
16 monetary penalty
17 7 Certification, license or
18 registration currently
19 suspended or revoked
20 (E) Point values shall be assessed based upon the
21 violation type:
22 (1) Application Oriented:
23 Point Value Violation
24 1 Inadequate records
25 2 Lack of supervision
26 2 Faulty equipment
27 Use contrary to label
28 directions:
29 2 a. resulting in exposure to
30 applicator or operator
31 3 b. resulting in exposure to
32 other persons or the
33 environment
34 3 c. precautionary statements,
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1 sites, rates, restricted use
2 requirements
3 3 Water contamination
4 3 Storage or disposal contrary
5 to label directions
6 3 Pesticide drift
7 4 Direct application to a
8 non-target site
9 6 Falsification of records
10 6 Failure to secure a permit or
11 violation of permit or special
12 order
13 (2) Product Oriented:
14 Point Value Violation
15 6 Pesticide not registered
16 4 Product label claims differ
17 from approved label
18 4 Product composition (active
19 ingredients differs from that
20 of approved label)
21 4 Product not colored as
22 required
23 4 Misbranding as set forth in
24 Sec. 5 of the Act (4 points
25 will be assessed for each
26 count)
27 (5) Any penalty not paid within 60 days of notice
28 from the Department shall be submitted to the Attorney
29 General's Office for collection. Failure to pay a
30 penalty shall also be grounds for suspension or
31 revocation of permits, licenses and registrations.
32 (6) Private applicators, except those private
33 applicators who have been found by the Department to have
34 committed a "use inconsistent with the label" as defined
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1 in subsection 40 of Section 4 of this Act, are exempt
2 from the Use and Violation Criteria point values.
3 (Source: P.A. 87-128; 88-257.)".