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Public Act 103-0441 | ||||
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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 |
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 |
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 |
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
| ||
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 |
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 |
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 |
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 |
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 |
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 |
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
| ||
shall be considered a separate entity for the purpose of | ||
registration. |
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.
| ||
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.
| ||
(Source: P.A. 99-540, eff. 1-1-17 .)
| ||
(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 |
Section must be deposited into the Pesticide Control Fund.
| ||
(Source: P.A. 96-1310, eff. 7-27-10.)
| ||
(415 ILCS 60/19) (from Ch. 5, par. 819)
| ||
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.
| ||
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
| ||
State Natural History Survey and (7) the Dean of the College of
| ||
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.
| ||
2. The interagency committee shall: (1) Review the current |
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.
| ||
3. Members of this committee shall receive no compensation | ||
for their
services as members of this committee other than |
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.
| ||
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.
| ||
5. The committee shall make a detailed report of its | ||
findings and
recommendations to the Governor of Illinois prior | ||
to each General
Assembly Session.
| ||
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.
| ||
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.
| ||
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 |
their
respective departments and agencies as necessary or | ||
useful in the conduct
of the study.
| ||
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
| ||
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
| ||
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.
|
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.)
|