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Public Act 103-0441 |
HB3086 Enrolled | LRB103 27395 CPF 53767 b |
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pesticide Act is amended by |
changing Sections 6, 10, 11, 11.1, 12, 13, 13.3, and 19 as |
follows:
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(415 ILCS 60/6) (from Ch. 5, par. 806)
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Sec. 6. Registration.
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1. Every pesticide which is distributed, sold,
offered for |
sale within this State, delivered for transportation or
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transported in interstate commerce or between points within |
the State
through any point outside the State, shall be |
registered with the Director
or his designated agent, subject |
to provisions of this Act. Such
registration shall be for a |
period determined under item 1.5 of this Section and shall |
expire on December 31st. Registration is not required if a |
pesticide is shipped from
one plant or warehouse to another |
plant or warehouse by the same person and
is used solely at |
such plant or warehouse as a constituent part to make a
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pesticide which is registered under provisions of this Act and |
FIFRA.
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1.5. In order to stagger product registrations, the |
Department shall, for the 2011 registration year, register |
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half of the applicants and their products for one year and the |
other half for 2 years. Thereafter, a business registration |
and product registration shall be for 2 years. |
2. Registration applicant shall file a statement with the |
Director which
shall include:
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A. The name and address of the applicant and the name |
and address of the
person whose name will appear on the |
label if different from the applicant's.
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B. The name of the pesticide.
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C. A copy of the labeling accompanying the pesticide |
under customary conditions
of distribution, sale and use, |
including ingredient statement, direction
for use, use |
classification, and precautionary or warning statements.
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3. The Director may require the submission of complete |
formula data.
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4. The Director may require a full description of tests |
made and the results
thereof, upon which the claims are based, |
for any pesticide not registered
pursuant to FIFRA, or on any |
pesticide under consideration
to be classified for restricted |
use.
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A. The Director will not consider data he required of |
the initial
registrant of a pesticide in support of |
another applicants' registration
unless the subsequent |
applicant has obtained written permission to use such |
data.
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B. In the case of renewal registration, the Director |
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may accept a
statement only with respect to information |
which is different from that
furnished previously.
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5. The Director may prescribe other requirements to |
support a pesticide
registration by regulation.
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6. For the years preceding the year 2004, any registrant |
desiring to
register a pesticide product at any
time during |
one year shall pay the annual registration fee of
$100 per |
product registered for that applicant.
For the years 2004 |
through 2010, the annual product registration
fee is $200 per |
product. For the years 2011 through 2023 and thereafter , the |
product registration fee shall be $600 per product per 2-year |
registration period and shall be paid at the time of |
registration. For the years 2024 and thereafter, the product |
registration fee shall be $800 per product per 2-year |
registration period and shall be paid at the time of |
registration.
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In addition, for the years preceding the year 2004 any |
business
registering a pesticide product at any time
during |
one year shall pay the annual business registration
fee of |
$250. For the years 2004 through 2010, the annual business
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registration fee shall be $400. For the years 2011 through |
2023 and thereafter , the business registration fee shall be |
$800 per 2-year registration period and shall be paid at the |
time of registration. For the years 2024 and thereafter, the |
business registration fee shall be $1000 per 2-year |
registration period and shall be paid at the time of |
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registration. Each legal entity of the business
shall pay
the
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business registration fee.
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For the years preceding the year 2004, any applicant |
requesting an
experimental use permit shall pay the annual
fee |
of $100 per permit and all special local need
pesticide
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registration
applicants shall pay an annual fee of $100 per |
product. For the
years 2004 through 2010, the annual
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experimental use permit fee and special local need pesticide |
registration fee
is $200 per permit. For the years 2011 and |
thereafter, the annual experimental use permit and special |
local need pesticide registration fee shall be $300 per |
product. Subsequent
SLN
registrations for a pesticide already |
registered shall be exempted from the
registration fee.
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A. All registration accepted and approved by the |
Director shall expire
on the 31st day of December in any |
one year unless cancelled.
Registration for a special |
local need may be granted for a specific
period of time |
with the approval date and expiration date specified.
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B. If a registration for special local need granted by |
the Director does
not receive approval of the |
Administrator of USEPA, the registration shall
expire on |
the date of the Administrator's disapproval.
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7. Registrations approved and accepted by the Director and |
in effect on
the 31st day of December, for which renewal |
application is made, shall continue
in full force and effect |
until the Director notifies the registrant that
the renewal |
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has been approved and accepted or the registration is denied
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under this Act. Renewal registration forms will be provided to |
applicants
by the Director.
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8. If the renewal of a pesticide registration is not filed |
within 30
days of the date of expiration, a penalty late |
registration assessment of $100 per product shall apply in |
addition to the regular product registration fee. The late |
registration assessment shall not
apply if the applicant |
furnishes an affidavit certifying that no
unregulated |
pesticide was distributed or sold during the period of
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registration. The late assessment is not a bar to prosecution |
for doing
business without proper registry.
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9. The Director may prescribe by regulation to allow |
pesticide use for
a special local need, pursuant to FIFRA.
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10. The Director may prescribe by regulation the |
provisions for and
requirements of registering a pesticide |
intended for experimental use.
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11. The Director shall not make any lack of essentiality a |
criterion for
denial of registration of any pesticide. Where 2 |
pesticides meet the
requirements, one should not be registered |
in preference to the other.
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12. It shall be the duty of the pesticide registrant to |
properly
dispose of any pesticide the registration of which |
has been suspended,
revoked or cancelled or which is otherwise |
not properly registered
in the State.
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(Source: P.A. 100-115, eff. 8-15-17.)
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(415 ILCS 60/10) (from Ch. 5, par. 810)
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Sec. 10. Commercial applicator license. No commercial
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applicator
shall use or supervise the use of any pesticide |
without a commercial
license issued by the Director. For the |
years preceding the year 2001, the
Director shall require an |
annual
fee for commercial applicator license of $35.
For the |
years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee |
for a
commercial applicator license is $45. For the years 2007 |
through 2017, the
annual fee for a commercial applicator |
license is $60. For the years 2018 through 2023 and |
thereafter , the fee for a multi-year commercial applicator |
license is $180. For the years 2024 and thereafter, the fee for |
a multi-year commercial applicator license is $240. The late |
application
fee for a
commercial applicator license shall be |
$20 in
addition to the normal license fee. A commercial |
applicator shall be assessed
a fee of $10 for a duplicate |
license.
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1. Application for the commercial applicator license shall |
be made
in writing on designated forms available from the |
Director. Each
application shall contain information regarding |
the applicants
qualifications, nature of the proposed |
operation, classification of
license being sought, and shall |
include the following:
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A. The full name of the applicant.
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B. The address of the applicant.
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C. Any necessary information prescribed by the |
Director on the
designated application form.
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2. An applicant for a license shall demonstrate competence |
and
knowledge regarding pesticide use in accordance with |
Section 9 of this Act.
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3. A licensed commercial applicator must provide to the |
Director at
the time of original licensing and must maintain |
throughout the licensure period evidence of financial
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responsibility protecting persons who may suffer personal |
injury or property
damage or both as a result of the pesticide |
operation of the applicant in
either of the following manners:
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A. Evidence of responsibility may be provided in the |
form of a surety
bond for each licensed commercial |
applicator naming the licensed commercial
applicator as |
principal of the bond. The amount of the bond shall be not
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less than $50,000 per year. It is permissible to provide |
two bonds; one
for $25,000 for bodily injury liability and |
the second for $25,000 for property
damage liability. The |
bond or bonds shall be made payable to the Director
of |
Agriculture, State of Illinois, for the benefit of the |
injured party
and shall be conditioned upon compliance |
with the provisions of this Act
by the principal, his or |
her officers, representatives and employees; or
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B. Evidence of responsibility may be provided in the |
form of a
certificate of liability
insurance providing |
coverage for each licensed commercial applicator or
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licensed entity in the amount of not less than $50,000 per |
person, $100,000
per occurrence bodily injury liability |
coverage, with an annual
aggregate of not less than |
$500,000, and $50,000 per occurrence property
damage |
liability, with
an annual aggregate of not less than |
$50,000; or, in lieu thereof,
a combined single limit of |
not less than
$100,000 bodily injury and property damage |
liability combined, with an
annual aggregate of not less |
than $500,000.
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4. Every insurance policy or bond shall contain a |
provision that it
will not be cancelled or reduced by the |
principal or insurance company,
except upon 30 days prior |
notice in writing to the Director of the Department
at the |
Springfield, Illinois office and the principal insured. A |
reduction
or cancellation of policy shall not affect the |
liability accrued or which
may accrue under such policy before |
the expiration of the 30 days. The
notice shall contain the |
termination date. Upon said reduction or
cancellation, the |
Director shall immediately notify the licensee that his
or her |
license will be suspended and the effective date until the |
minimum
bond or liability insurance requirements are met by |
the licensee for the
current license period.
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5. Nothing in this Act shall be construed to relieve any |
person from
liability for any damage to persons or property |
caused by use of
pesticides even though such use conforms to |
label instructions and
pertinent rules and regulations of this |
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State.
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6. The Director may renew any applicant's license in the
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classifications for which such applicant is licensed, subject |
to
requalification requirements imposed by the Director. |
Requalification
standards shall be prescribed by regulations |
adopted pursuant to this
Act and are required to ensure that |
the licensed commercial applicator
meets the requirements of |
changing technology and to assure a continued
level of |
competence and ability.
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7. The Director may limit the license of an applicant to |
allow only
the use of certain pesticides in a delimited |
geographic area, or to the
use of certain application |
techniques or equipment. If a license is not
issued as applied |
for, the Director shall inform the applicant in
writing of the |
reasons and extend an opportunity for the applicant to
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complete the requirements for the license desired.
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8. For the purpose of uniformity, the Director may enter |
into
agreements for accepting standards of qualification of |
other states as a
basis for licensing commercial applicators.
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(Source: P.A. 99-540, eff. 1-1-17 .)
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(415 ILCS 60/11) (from Ch. 5, par. 811)
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Sec. 11. Certified Pesticide Applicators. No person shall |
use or supervise
the use of pesticides classified for |
restricted use without a license
issued by the Director. |
Persons licensed or desiring to be licensed as
certified |
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pesticide applicators shall comply with the certification
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requirements as set forth in Section 9 of this Act in order to |
protect
public health and the environment, including injury to |
the applicator or
other persons using these pesticides.
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An applicant for certification as a private pesticide |
applicator shall
meet qualification requirements prescribed by |
regulation. The application
for certification shall be made in |
writing to the Director, on forms available
from the Director |
or the local county agricultural extension adviser's
office |
and be accompanied by payment of a $10 license fee in the years
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preceding the year 2001. During the years
2001, 2002, 2003, |
2004, 2005, and 2006, the private pesticide applicator
license |
fee shall be $15. During the years 2007 through 2010, the |
private
pesticide applicator license fee shall be $20. For the |
years 2011 through 2023 and thereafter , the private pesticide |
applicator license fee shall be $30. For the years 2024 and |
thereafter, the private
pesticide applicator license fee shall |
be $60. A
private
pesticide applicator shall be assessed a fee |
of $5 for a duplicate license.
Such application shall include:
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A. The full name of the applicant.
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B. The mailing address of the applicant.
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C. The documents required as evidence
of competence |
and knowledge regarding the use of pesticides.
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Certification, as a private pesticide applicator, issued |
by the
Director shall be valid for a period prescribed by |
regulation. The Director
shall develop regulatory standards to |
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ensure that certified private pesticide
applicators continue |
to meet the requirements of a changing technology and
assure a |
continued level of competence and ability.
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(Source: P.A. 96-1310, eff. 7-27-10.)
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(415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
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Sec. 11.1. Commercial not-for-hire license. No
commercial |
not-for-hire applicator shall use or supervise the use of any
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pesticide without a license issued by the Director.
For the |
years 2011 through 2017, the commercial not-for-hire pesticide |
applicator license fee shall be $20. For the years 2018 |
through 2023 and thereafter , the fee for a multi-year |
commercial not-for-hire pesticide applicator license is $60. |
For the years 2024 and thereafter, the fee for a multi-year |
commercial not-for-hire pesticide applicator license is $120. |
The late application fee for a public or commercial |
not-for-hire applicator
license shall be $20 in addition to |
the normal license fees. A commercial not-for-hire applicator |
shall be assessed
a fee of $10 for a duplicate license.
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1. Application for certification as a commercial |
not-for-hire pesticide
applicator shall be made in writing on |
designated forms available from the
Director. Each application |
shall contain information regarding the
qualifications
of the |
applicant, classification of certification being sought, and |
shall
include the following:
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A. The full name of the applicant.
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B. The name of the applicant's employer.
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C. The address at the applicant's place of employment.
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D. Any other information prescribed by the Director on |
the designated
form.
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2. The Director shall not issue a certification to a |
commercial not-for-hire
pesticide applicator until the |
individual identified has demonstrated his
competence and |
knowledge regarding pesticide use in accordance with
Section 9 |
of this Act.
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3. The Director shall not renew a certification as a |
commercial not-for-hire
pesticide applicator until the |
applicant
reestablishes his qualifications in accordance
with |
Section 9 of this Act
or has met other requirements imposed by |
regulation in order to ensure that
the applicant meets the |
requirements of changing technology and to assure
a continued |
level of competence and ability.
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4. (Blank).
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5. (Blank).
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6. (Blank).
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7. Persons applying general use pesticides, approved by |
the
Inter-Agency Committee on the Use of Pesticides, to scrap |
tires for the
control of mosquitoes shall be exempt from the |
license requirements of this
Section.
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(Source: P.A. 99-540, eff. 1-1-17 .)
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(415 ILCS 60/12) (from Ch. 5, par. 812)
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Sec. 12. Licensed operator. No pesticide operator shall |
use any pesticides
without a pesticide operator license issued |
by the Director.
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1. Application for an operator license shall be made in |
writing on
designated
forms available from the Director. Each |
application shall contain information
regarding the nature of |
applicants pesticide use, his qualifications, and
such other |
facts as prescribed on the form. The application shall also
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include the following:
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A. The full name of applicant.
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B. The address of the applicant.
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C. The name of and license/certification number of the |
pesticide
applicator
under whom the applicant will work.
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2. The Director shall not issue a pesticide operator |
license until the
individual identified has demonstrated his |
competence and knowledge regarding
pesticide use in accordance |
with Section 9 of this Act.
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3. The Director shall not issue an operator license to any |
person who
is unable to provide the name and |
license/certification number of an applicator
under whom the |
operator will work.
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4. For the years preceding the year 2001, a licensed |
commercial operator working
for or under the supervision of a |
certified
licensed commercial pesticide applicator shall pay |
an annual fee of $25.
For the years 2001, 2002, and 2003, the |
annual fee for a commercial operator
license is $30. For the |
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years 2004, 2005, and 2006, the annual fee for a
commercial |
operator license is $35. For the years 2007 through 2017, the
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annual fee for a commercial operator license is $40. For the |
years 2018 through 2023 and thereafter , the fee for a |
multi-year commercial operator license is $120. For the years |
2024 and thereafter, the fee for a multi-year commercial |
operator license is $180.
The late application fee for an |
operator license shall be $20 in
addition to the normal |
license fee. A licensed operator shall be assessed a
fee of $10 |
for a duplicate license.
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5. For the years 2011 through 2017, the commercial |
not-for-hire pesticide operator license fee shall be $15. For |
the years 2018 through 2023 and thereafter , the fee for a |
multi-year commercial not-for-hire pesticide operator license |
is $45. For the years 2024 and thereafter, the fee for a |
multi-year commercial not-for-hire pesticide operator license |
is $90. The late application fee for a commercial not-for-hire |
operator license shall be $20 in addition to the normal |
license fee. A commercial not-for-hire operator shall be |
assessed a fee of $10 for a duplicate license. |
(Source: P.A. 99-540, eff. 1-1-17; 100-115, eff. 8-15-17.)
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(415 ILCS 60/13) (from Ch. 5, par. 813)
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Sec. 13. Pesticide dealers. Any pesticide dealer who sells |
Restricted
Use pesticides shall be registered with the |
Department on forms provided by
the Director. Beginning July |
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1, 2005, any pesticide dealer that sells non-restricted use |
pesticides for use in the production of an agricultural |
commodity in containers with a capacity of 2.5 gallons or |
greater or 10 pounds or greater must also register with the |
Department on forms provided by the Director. Through 2017, |
registration shall consist of passing a required
examination |
and payment of a $100 registration fee. For the years 2018 |
through 2023 and thereafter , the pesticide dealer registration |
fee for a multi-year registration period is $300. For the |
years 2024 and thereafter, the pesticide dealer registration |
fee for a multi-year registration period is $350.
The late |
application fee for a pesticide dealer registration shall be |
$20 in
addition to the normal pesticide dealer registration |
fee. A pesticide dealer
shall be assessed a fee of $10 for a |
duplicate registration.
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Dealers who hold a Structural Pest Control license with |
the Illinois
Department of Public Health or a Commercial |
Applicator's
license with the Illinois Department of |
Agriculture are exempt from the
registration fee but must |
register with the Department.
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Each place of business which sells restricted use |
pesticides or non-restricted pesticides for use in the |
production of an agricultural commodity in containers with a |
capacity of 2.5 gallons or greater or 10 pounds or greater
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shall be considered a separate entity for the purpose of |
registration. |
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Registration as a pesticide dealer shall expire on |
December 31 of the
year in which it is to expire. Pesticide |
dealers shall be certified in accordance with Section 9
of |
this Act.
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The Director may prescribe, by rule, requirements for the |
registration
and testing of any pesticide dealer selling other |
than restricted use
pesticides and such rules shall include |
the establishment of a
registration fee in an amount not to |
exceed the pesticide dealer registration
fee.
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The Department may refuse to issue or may suspend the |
registration
of any person who fails to file a return, or to |
pay the tax, penalty, or
interest shown in a filed return, or |
to pay any final assessment of tax,
penalty, or interest, as |
required by any tax Act administered by the
Illinois |
Department of Revenue, until such time as the requirements of |
any
such tax Act are satisfied.
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(Source: P.A. 99-540, eff. 1-1-17 .)
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(415 ILCS 60/13.3) |
Sec. 13.3. Agrichemical facility containment permits. An |
agrichemical containment permit issued by the Department shall |
be obtained for each existing and new agrichemical facility |
and non-commercial agrichemical facility as defined by rules |
promulgated by the Department. A permit fee of $250 $100 shall |
be submitted to the Department with each permit application or |
permit renewal application. All moneys collected under this |
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Section must be deposited into the Pesticide Control Fund.
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(Source: P.A. 96-1310, eff. 7-27-10.)
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(415 ILCS 60/19) (from Ch. 5, par. 819)
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Sec. 19. Interagency Committee on Pesticides. The Director |
is authorized
to create an interagency committee on |
pesticides. Its purpose is to study
and advise on the use of |
pesticides on State property. Also, its purpose
is to advise |
any State agency in connection with quarantine programs or
the |
protection of the public health and welfare, and to recommend |
needed
legislation concerning pesticides.
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1. An interagency committee on pesticides shall consist |
of: (1) the
Director of the Department of Agriculture, (2) the |
Director of Natural
Resources, (3) the Director of the |
Environmental
Protection Agency, (4) the Director of the |
Department of Public Health, (5)
the Secretary of the |
Department of Transportation, (6) the President of the |
University of Illinois or his or her designee representing the
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State Natural History Survey and (7) the Dean of the College of
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Agriculture, University of Illinois. Each member of the |
committee may
designate some person in his department to serve |
on the committee in
his stead. Other State agencies may, at the |
discretion of the Director,
be asked to serve on the |
interagency committee on pesticides. The Director
of the |
Department of Agriculture shall be chairman of this committee.
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2. The interagency committee shall: (1) Review the current |
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status of
the sales and use of pesticides within the State of |
Illinois. (2) Review
pesticide programs to be sponsored or |
directed by a governmental agency.
(3) Consider the problems |
arising from pesticide use with particular emphasis
on the |
possible adverse effects on human health, livestock, crops, |
fish,
and wildlife, business, industry, agriculture, or the |
general public. (4)
Recommend legislation to the Governor, if |
appropriate, which will prohibit
the irresponsible use of |
pesticides. (5) Review rules and regulations
pertaining to the |
regulation or prohibition of the sale, use or application
of |
pesticides and labeling of pesticides for approval prior to |
promulgation
and adoption. (6) Contact various experts and lay |
groups, such as the
Illinois Pesticide Control Committee, to |
obtain their views and
cooperation. (7) Advise on and approve |
of all programs involving the use of
pesticides on State owned |
property, state controlled property, or
administered by State |
agencies. (8) Examine, with the assistance of the Department |
of Agriculture, the possibility of using continuing education |
courses to satisfy pesticide applicator competency |
requirements required for existing licensees. This shall not |
be construed to include
research programs, or the generally |
accepted and approved practices
essential to good farm and |
institutional management on the premises of the
various State |
facilities.
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3. Members of this committee shall receive no compensation |
for their
services as members of this committee other than |
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that provided by law for
their respective positions with the |
State of Illinois. All necessary
expenses for travel of the |
committee members shall be paid out of regular
appropriations |
of their respective agencies.
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4. The committee shall meet at least once each quarter of |
the calendar
year, and may hold additional meetings upon the |
call of the chairman. Four
members shall constitute a quorum.
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5. The committee shall make a detailed report of its |
findings and
recommendations to the Governor of Illinois prior |
to each General
Assembly Session.
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6. The Interagency Committee on Pesticides shall, at a |
minimum,
annually, during the spring, conduct a statewide |
public education campaign
and agriculture chemical safety |
campaign to inform the public about
pesticide products, uses |
and safe disposal techniques. A toll-free hot
line number |
shall be made available for the public to report misuse cases.
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The Committee shall include in its educational program |
information and
advice about the effects of various pesticides |
and application techniques
upon the groundwater and drinking |
water of the State.
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7. The Interagency Committee on Pesticides shall conduct a |
special
study of the effects of chemigation and other |
agricultural applications of
pesticides upon the groundwater |
of this State. The results of such study
shall be reported to |
the General Assembly by March 1, 1989. The members of
the |
Committee may utilize the technical and clerical resources of |
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their
respective departments and agencies as necessary or |
useful in the conduct
of the study.
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8. In consultation with the Interagency Committee, the |
Department
shall develop, and the Interagency Committee shall |
approve,
procedures, methods, and guidelines for addressing |
agrichemical
pesticide contamination at agrichemical |
facilities in Illinois. In
developing those procedures, |
methods, and guidelines, the following shall
be considered and |
addressed: (1) an evaluation and assessment of site
conditions |
and operational practices at agrichemical facilities where
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agricultural pesticides are handled; (2) what constitutes |
pesticide
contamination; (3) cost effective procedures for |
site assessments and
technologies for remedial action; and (4) |
achievement of adequate
protection of public health and the |
environment from such actual or
potential hazards. In |
consultation with the Interagency Committee, the Department
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shall develop, and the Interagency Committee shall approve, |
guidelines and
recommendations regarding long term financial |
resources which may be
necessary to remediate pesticide |
contamination at agrichemical facilities
in Illinois. The |
Department, in consultation with the Interagency
Committee, |
shall present a report on those guidelines and
recommendations |
to the Governor and the General Assembly on or before
January |
1, 1993. The Department and the Interagency Committee shall
|
consult with the Illinois Pesticide Control
Committee and |
other appropriate parties during this development process.
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9. As part of the consideration of cost effective |
technologies pursuant
to subsection 8 of this Section, the |
Department may, upon request, provide
a written authorization |
to the owner or operator of an agrichemical
facility for land |
application of agrichemical contaminated
soils at agronomic |
rates.
As used in this Section, "agrichemical" means |
pesticides or commercial
fertilizers, at an agrichemical |
facility, in transit from an agrichemical
facility to the |
field of application, or at the field of application.
The |
written authorization may also provide for use
of groundwater |
contaminated by the release of an agrichemical,
provided
that |
the groundwater is not also contaminated due to the release of |
a
petroleum product or hazardous substance other than an |
agrichemical. The uses
of agrichemical contaminated |
groundwater authorized by the
Department shall be
limited to |
supervised application or irrigation onto farmland and |
blending
as make-up water in the preparation of agrichemical |
spray solutions that
are to be applied to farmland. In either |
case, the use of the agrichemical
contaminated water shall not |
cause (i) the total annual application amounts
of a pesticide |
to exceed the respective pesticide label application
rate on |
any authorized sites
or (ii) the total annual application |
amounts of a fertilizer to exceed the
generally accepted |
annual application rate on any authorized sites. All
|
authorizations shall prescribe
appropriate operational control |
practices to protect the site of application
and shall |
|
identify each site or sites where land
application or |
irrigation take place. Where agrichemical
contaminated
|
groundwater is used on farmland, the prescribed practices |
shall be designed
to prevent off-site runoff or conveyance |
through underground tile
systems. The Department shall
|
periodically advise the Interagency Committee regarding the |
issuance of
such authorizations and the status of compliance |
at the application sites.
|
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
|
Section 10. The Lawn Care Products Application and Notice |
Act is amended by changing Section 5 as follows:
|
(415 ILCS 65/5) (from Ch. 5, par. 855)
|
Sec. 5. Containment of spills, wash water, and rinsate |
collection.
|
(a) No loading of lawn care products for distribution to a |
customer or
washing or rinsing of pesticide residues from |
vehicles,
application equipment, mixing equipment, floors or |
other items used for the
storage, handling, preparation for |
use, transport, or application of
pesticides to lawns shall be |
performed at a facility except in designated
containment areas |
in accordance with the requirements of this
Section.
A lawn |
care containment permit, issued by the Department, shall be
|
obtained prior to the operation of the containment area. The
|
Department shall issue a lawn care containment permit when the |
|
containment
area or facility complies with the provisions of |
this Section and the rules
and regulations adopted under |
Sections 5 and 6. A permit fee of $250 $100 shall be submitted |
to the Department with each permit application or permit |
renewal
application. All moneys collected pursuant to this |
Section
shall be deposited into the Pesticide Control Fund.
|
(b) No later than January 1, 1993, containment areas
shall |
be
in use in any facility as defined in this Act and no wash |
water or rinsates
may be released into the environment except |
in accordance with applicable
law. Containment areas shall |
include the following
requirements:
|
(1) The containment area shall be constructed of |
concrete,
asphalt or
other impervious materials which |
include, but are not limited to,
polyethylene containment |
pans and synthetic membrane liners. All containment
area |
materials shall be compatible with the lawncare products |
to be
contained.
|
(2) The containment area shall be designed to capture |
spills,
washwaters,
and rinsates generated in the loading |
of application devices, the lawncare
product-related |
servicing
of vehicles, and the triple rinsing of pesticide
|
containers and to prevent the release of such spills, |
washwaters, or
rinsates
to the environment other than as |
described in paragraph (3) of this subsection
(b).
|
(3) Spills, washwaters, and rinsates captured in the
|
containment area may
be used in accordance with the label |
|
rates of the lawncare products,
reused as makeup water for |
dilution of pesticides in preparation of
application, or |
disposed in accordance with applicable local, State and
|
federal regulations.
|
(c) The requirements of this Section shall not apply to |
situations
constituting an emergency where washing or rinsing |
of pesticide residues
from equipment or other items is |
necessary to prevent imminent harm to human
health or the |
environment.
|
(d) The requirements of this Section shall not apply to |
persons subject
to the containment requirements of the |
Illinois Pesticide Act or the
Illinois Fertilizer Act of 1961
|
and any rules or regulations adopted thereunder.
|
(Source: P.A. 96-1310, eff. 7-27-10.)
|