Bill Text: IL HB3086 | 2023-2024 | 103rd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Pesticide Act. Increases various fees imposed under the Act beginning in 2024. Amends the Lawn Care Products Application and Notice Act. Provides that the lawn care containment permit fee is $250 (rather than $100).
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0441 [HB3086 Detail]
Download: Illinois-2023-HB3086-Enrolled.html
Bill Title: Amends the Illinois Pesticide Act. Increases various fees imposed under the Act beginning in 2024. Amends the Lawn Care Products Application and Notice Act. Provides that the lawn care containment permit fee is $250 (rather than $100).
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0441 [HB3086 Detail]
Download: Illinois-2023-HB3086-Enrolled.html
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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pesticide Act is amended by | ||||||
5 | changing Sections 6, 10, 11, 11.1, 12, 13, 13.3, and 19 as | ||||||
6 | follows:
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7 | (415 ILCS 60/6) (from Ch. 5, par. 806)
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8 | Sec. 6. Registration.
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9 | 1. Every pesticide which is distributed, sold,
offered for | ||||||
10 | sale within this State, delivered for transportation or
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11 | transported in interstate commerce or between points within | ||||||
12 | the State
through any point outside the State, shall be | ||||||
13 | registered with the Director
or his designated agent, subject | ||||||
14 | to provisions of this Act. Such
registration shall be for a | ||||||
15 | period determined under item 1.5 of this Section and shall | ||||||
16 | expire on December 31st. Registration is not required if a | ||||||
17 | pesticide is shipped from
one plant or warehouse to another | ||||||
18 | plant or warehouse by the same person and
is used solely at | ||||||
19 | such plant or warehouse as a constituent part to make a
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20 | pesticide which is registered under provisions of this Act and | ||||||
21 | FIFRA.
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22 | 1.5. In order to stagger product registrations, the | ||||||
23 | Department shall, for the 2011 registration year, register |
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1 | half of the applicants and their products for one year and the | ||||||
2 | other half for 2 years. Thereafter, a business registration | ||||||
3 | and product registration shall be for 2 years. | ||||||
4 | 2. Registration applicant shall file a statement with the | ||||||
5 | Director which
shall include:
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6 | A. The name and address of the applicant and the name | ||||||
7 | and address of the
person whose name will appear on the | ||||||
8 | label if different from the applicant's.
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9 | B. The name of the pesticide.
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10 | C. A copy of the labeling accompanying the pesticide | ||||||
11 | under customary conditions
of distribution, sale and use, | ||||||
12 | including ingredient statement, direction
for use, use | ||||||
13 | classification, and precautionary or warning statements.
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14 | 3. The Director may require the submission of complete | ||||||
15 | formula data.
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16 | 4. The Director may require a full description of tests | ||||||
17 | made and the results
thereof, upon which the claims are based, | ||||||
18 | for any pesticide not registered
pursuant to FIFRA, or on any | ||||||
19 | pesticide under consideration
to be classified for restricted | ||||||
20 | use.
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21 | A. The Director will not consider data he required of | ||||||
22 | the initial
registrant of a pesticide in support of | ||||||
23 | another applicants' registration
unless the subsequent | ||||||
24 | applicant has obtained written permission to use such | ||||||
25 | data.
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26 | B. In the case of renewal registration, the Director |
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1 | may accept a
statement only with respect to information | ||||||
2 | which is different from that
furnished previously.
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3 | 5. The Director may prescribe other requirements to | ||||||
4 | support a pesticide
registration by regulation.
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5 | 6. For the years preceding the year 2004, any registrant | ||||||
6 | desiring to
register a pesticide product at any
time during | ||||||
7 | one year shall pay the annual registration fee of
$100 per | ||||||
8 | product registered for that applicant.
For the years 2004 | ||||||
9 | through 2010, the annual product registration
fee is $200 per | ||||||
10 | product. For the years 2011 through 2023 and thereafter , the | ||||||
11 | product registration fee shall be $600 per product per 2-year | ||||||
12 | registration period and shall be paid at the time of | ||||||
13 | registration. For the years 2024 and thereafter, the product | ||||||
14 | registration fee shall be $800 per product per 2-year | ||||||
15 | registration period and shall be paid at the time of | ||||||
16 | registration.
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17 | In addition, for the years preceding the year 2004 any | ||||||
18 | business
registering a pesticide product at any time
during | ||||||
19 | one year shall pay the annual business registration
fee of | ||||||
20 | $250. For the years 2004 through 2010, the annual business
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21 | registration fee shall be $400. For the years 2011 through | ||||||
22 | 2023 and thereafter , the business registration fee shall be | ||||||
23 | $800 per 2-year registration period and shall be paid at the | ||||||
24 | time of registration. For the years 2024 and thereafter, the | ||||||
25 | business registration fee shall be $1000 per 2-year | ||||||
26 | registration period and shall be paid at the time of |
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1 | registration. Each legal entity of the business
shall pay
the
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2 | business registration fee.
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3 | For the years preceding the year 2004, any applicant | ||||||
4 | requesting an
experimental use permit shall pay the annual
fee | ||||||
5 | of $100 per permit and all special local need
pesticide
| ||||||
6 | registration
applicants shall pay an annual fee of $100 per | ||||||
7 | product. For the
years 2004 through 2010, the annual
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8 | experimental use permit fee and special local need pesticide | ||||||
9 | registration fee
is $200 per permit. For the years 2011 and | ||||||
10 | thereafter, the annual experimental use permit and special | ||||||
11 | local need pesticide registration fee shall be $300 per | ||||||
12 | product. Subsequent
SLN
registrations for a pesticide already | ||||||
13 | registered shall be exempted from the
registration fee.
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14 | A. All registration accepted and approved by the | ||||||
15 | Director shall expire
on the 31st day of December in any | ||||||
16 | one year unless cancelled.
Registration for a special | ||||||
17 | local need may be granted for a specific
period of time | ||||||
18 | with the approval date and expiration date specified.
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19 | B. If a registration for special local need granted by | ||||||
20 | the Director does
not receive approval of the | ||||||
21 | Administrator of USEPA, the registration shall
expire on | ||||||
22 | the date of the Administrator's disapproval.
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23 | 7. Registrations approved and accepted by the Director and | ||||||
24 | in effect on
the 31st day of December, for which renewal | ||||||
25 | application is made, shall continue
in full force and effect | ||||||
26 | until the Director notifies the registrant that
the renewal |
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1 | has been approved and accepted or the registration is denied
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2 | under this Act. Renewal registration forms will be provided to | ||||||
3 | applicants
by the Director.
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4 | 8. If the renewal of a pesticide registration is not filed | ||||||
5 | within 30
days of the date of expiration, a penalty late | ||||||
6 | registration assessment of $100 per product shall apply in | ||||||
7 | addition to the regular product registration fee. The late | ||||||
8 | registration assessment shall not
apply if the applicant | ||||||
9 | furnishes an affidavit certifying that no
unregulated | ||||||
10 | pesticide was distributed or sold during the period of
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11 | registration. The late assessment is not a bar to prosecution | ||||||
12 | for doing
business without proper registry.
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13 | 9. The Director may prescribe by regulation to allow | ||||||
14 | pesticide use for
a special local need, pursuant to FIFRA.
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15 | 10. The Director may prescribe by regulation the | ||||||
16 | provisions for and
requirements of registering a pesticide | ||||||
17 | intended for experimental use.
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18 | 11. The Director shall not make any lack of essentiality a | ||||||
19 | criterion for
denial of registration of any pesticide. Where 2 | ||||||
20 | pesticides meet the
requirements, one should not be registered | ||||||
21 | in preference to the other.
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22 | 12. It shall be the duty of the pesticide registrant to | ||||||
23 | properly
dispose of any pesticide the registration of which | ||||||
24 | has been suspended,
revoked or cancelled or which is otherwise | ||||||
25 | not properly registered
in the State.
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26 | (Source: P.A. 100-115, eff. 8-15-17.)
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1 | (415 ILCS 60/10) (from Ch. 5, par. 810)
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2 | Sec. 10. Commercial applicator license. No commercial
| ||||||
3 | applicator
shall use or supervise the use of any pesticide | ||||||
4 | without a commercial
license issued by the Director. For the | ||||||
5 | years preceding the year 2001, the
Director shall require an | ||||||
6 | annual
fee for commercial applicator license of $35.
For the | ||||||
7 | years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee | ||||||
8 | for a
commercial applicator license is $45. For the years 2007 | ||||||
9 | through 2017, the
annual fee for a commercial applicator | ||||||
10 | license is $60. For the years 2018 through 2023 and | ||||||
11 | thereafter , the fee for a multi-year commercial applicator | ||||||
12 | license is $180. For the years 2024 and thereafter, the fee for | ||||||
13 | a multi-year commercial applicator license is $240. The late | ||||||
14 | application
fee for a
commercial applicator license shall be | ||||||
15 | $20 in
addition to the normal license fee. A commercial | ||||||
16 | applicator shall be assessed
a fee of $10 for a duplicate | ||||||
17 | license.
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18 | 1. Application for the commercial applicator license shall | ||||||
19 | be made
in writing on designated forms available from the | ||||||
20 | Director. Each
application shall contain information regarding | ||||||
21 | the applicants
qualifications, nature of the proposed | ||||||
22 | operation, classification of
license being sought, and shall | ||||||
23 | include the following:
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24 | A. The full name of the applicant.
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25 | B. The address of the applicant.
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1 | C. Any necessary information prescribed by the | ||||||
2 | Director on the
designated application form.
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3 | 2. An applicant for a license shall demonstrate competence | ||||||
4 | and
knowledge regarding pesticide use in accordance with | ||||||
5 | Section 9 of this Act.
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6 | 3. A licensed commercial applicator must provide to the | ||||||
7 | Director at
the time of original licensing and must maintain | ||||||
8 | throughout the licensure period evidence of financial
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9 | responsibility protecting persons who may suffer personal | ||||||
10 | injury or property
damage or both as a result of the pesticide | ||||||
11 | operation of the applicant in
either of the following manners:
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12 | A. Evidence of responsibility may be provided in the | ||||||
13 | form of a surety
bond for each licensed commercial | ||||||
14 | applicator naming the licensed commercial
applicator as | ||||||
15 | principal of the bond. The amount of the bond shall be not
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16 | less than $50,000 per year. It is permissible to provide | ||||||
17 | two bonds; one
for $25,000 for bodily injury liability and | ||||||
18 | the second for $25,000 for property
damage liability. The | ||||||
19 | bond or bonds shall be made payable to the Director
of | ||||||
20 | Agriculture, State of Illinois, for the benefit of the | ||||||
21 | injured party
and shall be conditioned upon compliance | ||||||
22 | with the provisions of this Act
by the principal, his or | ||||||
23 | her officers, representatives and employees; or
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24 | B. Evidence of responsibility may be provided in the | ||||||
25 | form of a
certificate of liability
insurance providing | ||||||
26 | coverage for each licensed commercial applicator or
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1 | licensed entity in the amount of not less than $50,000 per | ||||||
2 | person, $100,000
per occurrence bodily injury liability | ||||||
3 | coverage, with an annual
aggregate of not less than | ||||||
4 | $500,000, and $50,000 per occurrence property
damage | ||||||
5 | liability, with
an annual aggregate of not less than | ||||||
6 | $50,000; or, in lieu thereof,
a combined single limit of | ||||||
7 | not less than
$100,000 bodily injury and property damage | ||||||
8 | liability combined, with an
annual aggregate of not less | ||||||
9 | than $500,000.
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10 | 4. Every insurance policy or bond shall contain a | ||||||
11 | provision that it
will not be cancelled or reduced by the | ||||||
12 | principal or insurance company,
except upon 30 days prior | ||||||
13 | notice in writing to the Director of the Department
at the | ||||||
14 | Springfield, Illinois office and the principal insured. A | ||||||
15 | reduction
or cancellation of policy shall not affect the | ||||||
16 | liability accrued or which
may accrue under such policy before | ||||||
17 | the expiration of the 30 days. The
notice shall contain the | ||||||
18 | termination date. Upon said reduction or
cancellation, the | ||||||
19 | Director shall immediately notify the licensee that his
or her | ||||||
20 | license will be suspended and the effective date until the | ||||||
21 | minimum
bond or liability insurance requirements are met by | ||||||
22 | the licensee for the
current license period.
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23 | 5. Nothing in this Act shall be construed to relieve any | ||||||
24 | person from
liability for any damage to persons or property | ||||||
25 | caused by use of
pesticides even though such use conforms to | ||||||
26 | label instructions and
pertinent rules and regulations of this |
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1 | State.
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2 | 6. The Director may renew any applicant's license in the
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3 | classifications for which such applicant is licensed, subject | ||||||
4 | to
requalification requirements imposed by the Director. | ||||||
5 | Requalification
standards shall be prescribed by regulations | ||||||
6 | adopted pursuant to this
Act and are required to ensure that | ||||||
7 | the licensed commercial applicator
meets the requirements of | ||||||
8 | changing technology and to assure a continued
level of | ||||||
9 | competence and ability.
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10 | 7. The Director may limit the license of an applicant to | ||||||
11 | allow only
the use of certain pesticides in a delimited | ||||||
12 | geographic area, or to the
use of certain application | ||||||
13 | techniques or equipment. If a license is not
issued as applied | ||||||
14 | for, the Director shall inform the applicant in
writing of the | ||||||
15 | reasons and extend an opportunity for the applicant to
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16 | complete the requirements for the license desired.
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17 | 8. For the purpose of uniformity, the Director may enter | ||||||
18 | into
agreements for accepting standards of qualification of | ||||||
19 | other states as a
basis for licensing commercial applicators.
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20 | (Source: P.A. 99-540, eff. 1-1-17 .)
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21 | (415 ILCS 60/11) (from Ch. 5, par. 811)
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22 | Sec. 11. Certified Pesticide Applicators. No person shall | ||||||
23 | use or supervise
the use of pesticides classified for | ||||||
24 | restricted use without a license
issued by the Director. | ||||||
25 | Persons licensed or desiring to be licensed as
certified |
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1 | pesticide applicators shall comply with the certification
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2 | requirements as set forth in Section 9 of this Act in order to | ||||||
3 | protect
public health and the environment, including injury to | ||||||
4 | the applicator or
other persons using these pesticides.
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5 | An applicant for certification as a private pesticide | ||||||
6 | applicator shall
meet qualification requirements prescribed by | ||||||
7 | regulation. The application
for certification shall be made in | ||||||
8 | writing to the Director, on forms available
from the Director | ||||||
9 | or the local county agricultural extension adviser's
office | ||||||
10 | and be accompanied by payment of a $10 license fee in the years
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11 | preceding the year 2001. During the years
2001, 2002, 2003, | ||||||
12 | 2004, 2005, and 2006, the private pesticide applicator
license | ||||||
13 | fee shall be $15. During the years 2007 through 2010, the | ||||||
14 | private
pesticide applicator license fee shall be $20. For the | ||||||
15 | years 2011 through 2023 and thereafter , the private pesticide | ||||||
16 | applicator license fee shall be $30. For the years 2024 and | ||||||
17 | thereafter, the private
pesticide applicator license fee shall | ||||||
18 | be $60. A
private
pesticide applicator shall be assessed a fee | ||||||
19 | of $5 for a duplicate license.
Such application shall include:
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20 | A. The full name of the applicant.
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21 | B. The mailing address of the applicant.
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22 | C. The documents required as evidence
of competence | ||||||
23 | and knowledge regarding the use of pesticides.
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24 | Certification, as a private pesticide applicator, issued | ||||||
25 | by the
Director shall be valid for a period prescribed by | ||||||
26 | regulation. The Director
shall develop regulatory standards to |
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1 | ensure that certified private pesticide
applicators continue | ||||||
2 | to meet the requirements of a changing technology and
assure a | ||||||
3 | continued level of competence and ability.
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4 | (Source: P.A. 96-1310, eff. 7-27-10.)
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5 | (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
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6 | Sec. 11.1. Commercial not-for-hire license. No
commercial | ||||||
7 | not-for-hire applicator shall use or supervise the use of any
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8 | pesticide without a license issued by the Director.
For the | ||||||
9 | years 2011 through 2017, the commercial not-for-hire pesticide | ||||||
10 | applicator license fee shall be $20. For the years 2018 | ||||||
11 | through 2023 and thereafter , the fee for a multi-year | ||||||
12 | commercial not-for-hire pesticide applicator license is $60. | ||||||
13 | For the years 2024 and thereafter, the fee for a multi-year | ||||||
14 | commercial not-for-hire pesticide applicator license is $120. | ||||||
15 | The late application fee for a public or commercial | ||||||
16 | not-for-hire applicator
license shall be $20 in addition to | ||||||
17 | the normal license fees. A commercial not-for-hire applicator | ||||||
18 | shall be assessed
a fee of $10 for a duplicate license.
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19 | 1. Application for certification as a commercial | ||||||
20 | not-for-hire pesticide
applicator shall be made in writing on | ||||||
21 | designated forms available from the
Director. Each application | ||||||
22 | shall contain information regarding the
qualifications
of the | ||||||
23 | applicant, classification of certification being sought, and | ||||||
24 | shall
include the following:
| ||||||
25 | A. The full name of the applicant.
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1 | B. The name of the applicant's employer.
| ||||||
2 | C. The address at the applicant's place of employment.
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3 | D. Any other information prescribed by the Director on | ||||||
4 | the designated
form.
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5 | 2. The Director shall not issue a certification to a | ||||||
6 | commercial not-for-hire
pesticide applicator until the | ||||||
7 | individual identified has demonstrated his
competence and | ||||||
8 | knowledge regarding pesticide use in accordance with
Section 9 | ||||||
9 | of this Act.
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10 | 3. The Director shall not renew a certification as a | ||||||
11 | commercial not-for-hire
pesticide applicator until the | ||||||
12 | applicant
reestablishes his qualifications in accordance
with | ||||||
13 | Section 9 of this Act
or has met other requirements imposed by | ||||||
14 | regulation in order to ensure that
the applicant meets the | ||||||
15 | requirements of changing technology and to assure
a continued | ||||||
16 | level of competence and ability.
| ||||||
17 | 4. (Blank).
| ||||||
18 | 5. (Blank).
| ||||||
19 | 6. (Blank).
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20 | 7. Persons applying general use pesticides, approved by | ||||||
21 | the
Inter-Agency Committee on the Use of Pesticides, to scrap | ||||||
22 | tires for the
control of mosquitoes shall be exempt from the | ||||||
23 | license requirements of this
Section.
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24 | (Source: P.A. 99-540, eff. 1-1-17 .)
| ||||||
25 | (415 ILCS 60/12) (from Ch. 5, par. 812)
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1 | Sec. 12. Licensed operator. No pesticide operator shall | ||||||
2 | use any pesticides
without a pesticide operator license issued | ||||||
3 | by the Director.
| ||||||
4 | 1. Application for an operator license shall be made in | ||||||
5 | writing on
designated
forms available from the Director. Each | ||||||
6 | application shall contain information
regarding the nature of | ||||||
7 | applicants pesticide use, his qualifications, and
such other | ||||||
8 | facts as prescribed on the form. The application shall also
| ||||||
9 | include the following:
| ||||||
10 | A. The full name of applicant.
| ||||||
11 | B. The address of the applicant.
| ||||||
12 | C. The name of and license/certification number of the | ||||||
13 | pesticide
applicator
under whom the applicant will work.
| ||||||
14 | 2. The Director shall not issue a pesticide operator | ||||||
15 | license until the
individual identified has demonstrated his | ||||||
16 | competence and knowledge regarding
pesticide use in accordance | ||||||
17 | with Section 9 of this Act.
| ||||||
18 | 3. The Director shall not issue an operator license to any | ||||||
19 | person who
is unable to provide the name and | ||||||
20 | license/certification number of an applicator
under whom the | ||||||
21 | operator will work.
| ||||||
22 | 4. For the years preceding the year 2001, a licensed | ||||||
23 | commercial operator working
for or under the supervision of a | ||||||
24 | certified
licensed commercial pesticide applicator shall pay | ||||||
25 | an annual fee of $25.
For the years 2001, 2002, and 2003, the | ||||||
26 | annual fee for a commercial operator
license is $30. For the |
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| |||||||
1 | years 2004, 2005, and 2006, the annual fee for a
commercial | ||||||
2 | operator license is $35. For the years 2007 through 2017, the
| ||||||
3 | annual fee for a commercial operator license is $40. For the | ||||||
4 | years 2018 through 2023 and thereafter , the fee for a | ||||||
5 | multi-year commercial operator license is $120. For the years | ||||||
6 | 2024 and thereafter, the fee for a multi-year commercial | ||||||
7 | operator license is $180.
The late application fee for an | ||||||
8 | operator license shall be $20 in
addition to the normal | ||||||
9 | license fee. A licensed operator shall be assessed a
fee of $10 | ||||||
10 | for a duplicate license.
| ||||||
11 | 5. For the years 2011 through 2017, the commercial | ||||||
12 | not-for-hire pesticide operator license fee shall be $15. For | ||||||
13 | the years 2018 through 2023 and thereafter , the fee for a | ||||||
14 | multi-year commercial not-for-hire pesticide operator license | ||||||
15 | is $45. For the years 2024 and thereafter, the fee for a | ||||||
16 | multi-year commercial not-for-hire pesticide operator license | ||||||
17 | is $90. The late application fee for a commercial not-for-hire | ||||||
18 | operator license shall be $20 in addition to the normal | ||||||
19 | license fee. A commercial not-for-hire operator shall be | ||||||
20 | assessed a fee of $10 for a duplicate license. | ||||||
21 | (Source: P.A. 99-540, eff. 1-1-17; 100-115, eff. 8-15-17.)
| ||||||
22 | (415 ILCS 60/13) (from Ch. 5, par. 813)
| ||||||
23 | Sec. 13. Pesticide dealers. Any pesticide dealer who sells | ||||||
24 | Restricted
Use pesticides shall be registered with the | ||||||
25 | Department on forms provided by
the Director. Beginning July |
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| |||||||
1 | 1, 2005, any pesticide dealer that sells non-restricted use | ||||||
2 | pesticides for use in the production of an agricultural | ||||||
3 | commodity in containers with a capacity of 2.5 gallons or | ||||||
4 | greater or 10 pounds or greater must also register with the | ||||||
5 | Department on forms provided by the Director. Through 2017, | ||||||
6 | registration shall consist of passing a required
examination | ||||||
7 | and payment of a $100 registration fee. For the years 2018 | ||||||
8 | through 2023 and thereafter , the pesticide dealer registration | ||||||
9 | fee for a multi-year registration period is $300. For the | ||||||
10 | years 2024 and thereafter, the pesticide dealer registration | ||||||
11 | fee for a multi-year registration period is $350.
The late | ||||||
12 | application fee for a pesticide dealer registration shall be | ||||||
13 | $20 in
addition to the normal pesticide dealer registration | ||||||
14 | fee. A pesticide dealer
shall be assessed a fee of $10 for a | ||||||
15 | duplicate registration.
| ||||||
16 | Dealers who hold a Structural Pest Control license with | ||||||
17 | the Illinois
Department of Public Health or a Commercial | ||||||
18 | Applicator's
license with the Illinois Department of | ||||||
19 | Agriculture are exempt from the
registration fee but must | ||||||
20 | register with the Department.
| ||||||
21 | Each place of business which sells restricted use | ||||||
22 | pesticides or non-restricted pesticides for use in the | ||||||
23 | production of an agricultural commodity in containers with a | ||||||
24 | capacity of 2.5 gallons or greater or 10 pounds or greater
| ||||||
25 | shall be considered a separate entity for the purpose of | ||||||
26 | registration. |
| |||||||
| |||||||
1 | Registration as a pesticide dealer shall expire on | ||||||
2 | December 31 of the
year in which it is to expire. Pesticide | ||||||
3 | dealers shall be certified in accordance with Section 9
of | ||||||
4 | this Act.
| ||||||
5 | The Director may prescribe, by rule, requirements for the | ||||||
6 | registration
and testing of any pesticide dealer selling other | ||||||
7 | than restricted use
pesticides and such rules shall include | ||||||
8 | the establishment of a
registration fee in an amount not to | ||||||
9 | exceed the pesticide dealer registration
fee.
| ||||||
10 | The Department may refuse to issue or may suspend the | ||||||
11 | registration
of any person who fails to file a return, or to | ||||||
12 | pay the tax, penalty, or
interest shown in a filed return, or | ||||||
13 | to pay any final assessment of tax,
penalty, or interest, as | ||||||
14 | required by any tax Act administered by the
Illinois | ||||||
15 | Department of Revenue, until such time as the requirements of | ||||||
16 | any
such tax Act are satisfied.
| ||||||
17 | (Source: P.A. 99-540, eff. 1-1-17 .)
| ||||||
18 | (415 ILCS 60/13.3) | ||||||
19 | Sec. 13.3. Agrichemical facility containment permits. An | ||||||
20 | agrichemical containment permit issued by the Department shall | ||||||
21 | be obtained for each existing and new agrichemical facility | ||||||
22 | and non-commercial agrichemical facility as defined by rules | ||||||
23 | promulgated by the Department. A permit fee of $250 $100 shall | ||||||
24 | be submitted to the Department with each permit application or | ||||||
25 | permit renewal application. All moneys collected under this |
| |||||||
| |||||||
1 | Section must be deposited into the Pesticide Control Fund.
| ||||||
2 | (Source: P.A. 96-1310, eff. 7-27-10.)
| ||||||
3 | (415 ILCS 60/19) (from Ch. 5, par. 819)
| ||||||
4 | Sec. 19. Interagency Committee on Pesticides. The Director | ||||||
5 | is authorized
to create an interagency committee on | ||||||
6 | pesticides. Its purpose is to study
and advise on the use of | ||||||
7 | pesticides on State property. Also, its purpose
is to advise | ||||||
8 | any State agency in connection with quarantine programs or
the | ||||||
9 | protection of the public health and welfare, and to recommend | ||||||
10 | needed
legislation concerning pesticides.
| ||||||
11 | 1. An interagency committee on pesticides shall consist | ||||||
12 | of: (1) the
Director of the Department of Agriculture, (2) the | ||||||
13 | Director of Natural
Resources, (3) the Director of the | ||||||
14 | Environmental
Protection Agency, (4) the Director of the | ||||||
15 | Department of Public Health, (5)
the Secretary of the | ||||||
16 | Department of Transportation, (6) the President of the | ||||||
17 | University of Illinois or his or her designee representing the
| ||||||
18 | State Natural History Survey and (7) the Dean of the College of
| ||||||
19 | Agriculture, University of Illinois. Each member of the | ||||||
20 | committee may
designate some person in his department to serve | ||||||
21 | on the committee in
his stead. Other State agencies may, at the | ||||||
22 | discretion of the Director,
be asked to serve on the | ||||||
23 | interagency committee on pesticides. The Director
of the | ||||||
24 | Department of Agriculture shall be chairman of this committee.
| ||||||
25 | 2. The interagency committee shall: (1) Review the current |
| |||||||
| |||||||
1 | status of
the sales and use of pesticides within the State of | ||||||
2 | Illinois. (2) Review
pesticide programs to be sponsored or | ||||||
3 | directed by a governmental agency.
(3) Consider the problems | ||||||
4 | arising from pesticide use with particular emphasis
on the | ||||||
5 | possible adverse effects on human health, livestock, crops, | ||||||
6 | fish,
and wildlife, business, industry, agriculture, or the | ||||||
7 | general public. (4)
Recommend legislation to the Governor, if | ||||||
8 | appropriate, which will prohibit
the irresponsible use of | ||||||
9 | pesticides. (5) Review rules and regulations
pertaining to the | ||||||
10 | regulation or prohibition of the sale, use or application
of | ||||||
11 | pesticides and labeling of pesticides for approval prior to | ||||||
12 | promulgation
and adoption. (6) Contact various experts and lay | ||||||
13 | groups, such as the
Illinois Pesticide Control Committee, to | ||||||
14 | obtain their views and
cooperation. (7) Advise on and approve | ||||||
15 | of all programs involving the use of
pesticides on State owned | ||||||
16 | property, state controlled property, or
administered by State | ||||||
17 | agencies. (8) Examine, with the assistance of the Department | ||||||
18 | of Agriculture, the possibility of using continuing education | ||||||
19 | courses to satisfy pesticide applicator competency | ||||||
20 | requirements required for existing licensees. This shall not | ||||||
21 | be construed to include
research programs, or the generally | ||||||
22 | accepted and approved practices
essential to good farm and | ||||||
23 | institutional management on the premises of the
various State | ||||||
24 | facilities.
| ||||||
25 | 3. Members of this committee shall receive no compensation | ||||||
26 | for their
services as members of this committee other than |
| |||||||
| |||||||
1 | that provided by law for
their respective positions with the | ||||||
2 | State of Illinois. All necessary
expenses for travel of the | ||||||
3 | committee members shall be paid out of regular
appropriations | ||||||
4 | of their respective agencies.
| ||||||
5 | 4. The committee shall meet at least once each quarter of | ||||||
6 | the calendar
year, and may hold additional meetings upon the | ||||||
7 | call of the chairman. Four
members shall constitute a quorum.
| ||||||
8 | 5. The committee shall make a detailed report of its | ||||||
9 | findings and
recommendations to the Governor of Illinois prior | ||||||
10 | to each General
Assembly Session.
| ||||||
11 | 6. The Interagency Committee on Pesticides shall, at a | ||||||
12 | minimum,
annually, during the spring, conduct a statewide | ||||||
13 | public education campaign
and agriculture chemical safety | ||||||
14 | campaign to inform the public about
pesticide products, uses | ||||||
15 | and safe disposal techniques. A toll-free hot
line number | ||||||
16 | shall be made available for the public to report misuse cases.
| ||||||
17 | The Committee shall include in its educational program | ||||||
18 | information and
advice about the effects of various pesticides | ||||||
19 | and application techniques
upon the groundwater and drinking | ||||||
20 | water of the State.
| ||||||
21 | 7. The Interagency Committee on Pesticides shall conduct a | ||||||
22 | special
study of the effects of chemigation and other | ||||||
23 | agricultural applications of
pesticides upon the groundwater | ||||||
24 | of this State. The results of such study
shall be reported to | ||||||
25 | the General Assembly by March 1, 1989. The members of
the | ||||||
26 | Committee may utilize the technical and clerical resources of |
| |||||||
| |||||||
1 | their
respective departments and agencies as necessary or | ||||||
2 | useful in the conduct
of the study.
| ||||||
3 | 8. In consultation with the Interagency Committee, the | ||||||
4 | Department
shall develop, and the Interagency Committee shall | ||||||
5 | approve,
procedures, methods, and guidelines for addressing | ||||||
6 | agrichemical
pesticide contamination at agrichemical | ||||||
7 | facilities in Illinois. In
developing those procedures, | ||||||
8 | methods, and guidelines, the following shall
be considered and | ||||||
9 | addressed: (1) an evaluation and assessment of site
conditions | ||||||
10 | and operational practices at agrichemical facilities where
| ||||||
11 | agricultural pesticides are handled; (2) what constitutes | ||||||
12 | pesticide
contamination; (3) cost effective procedures for | ||||||
13 | site assessments and
technologies for remedial action; and (4) | ||||||
14 | achievement of adequate
protection of public health and the | ||||||
15 | environment from such actual or
potential hazards. In | ||||||
16 | consultation with the Interagency Committee, the Department
| ||||||
17 | shall develop, and the Interagency Committee shall approve, | ||||||
18 | guidelines and
recommendations regarding long term financial | ||||||
19 | resources which may be
necessary to remediate pesticide | ||||||
20 | contamination at agrichemical facilities
in Illinois. The | ||||||
21 | Department, in consultation with the Interagency
Committee, | ||||||
22 | shall present a report on those guidelines and
recommendations | ||||||
23 | to the Governor and the General Assembly on or before
January | ||||||
24 | 1, 1993. The Department and the Interagency Committee shall
| ||||||
25 | consult with the Illinois Pesticide Control
Committee and | ||||||
26 | other appropriate parties during this development process.
|
| |||||||
| |||||||
1 | 9. As part of the consideration of cost effective | ||||||
2 | technologies pursuant
to subsection 8 of this Section, the | ||||||
3 | Department may, upon request, provide
a written authorization | ||||||
4 | to the owner or operator of an agrichemical
facility for land | ||||||
5 | application of agrichemical contaminated
soils at agronomic | ||||||
6 | rates.
As used in this Section, "agrichemical" means | ||||||
7 | pesticides or commercial
fertilizers, at an agrichemical | ||||||
8 | facility, in transit from an agrichemical
facility to the | ||||||
9 | field of application, or at the field of application.
The | ||||||
10 | written authorization may also provide for use
of groundwater | ||||||
11 | contaminated by the release of an agrichemical,
provided
that | ||||||
12 | the groundwater is not also contaminated due to the release of | ||||||
13 | a
petroleum product or hazardous substance other than an | ||||||
14 | agrichemical. The uses
of agrichemical contaminated | ||||||
15 | groundwater authorized by the
Department shall be
limited to | ||||||
16 | supervised application or irrigation onto farmland and | ||||||
17 | blending
as make-up water in the preparation of agrichemical | ||||||
18 | spray solutions that
are to be applied to farmland. In either | ||||||
19 | case, the use of the agrichemical
contaminated water shall not | ||||||
20 | cause (i) the total annual application amounts
of a pesticide | ||||||
21 | to exceed the respective pesticide label application
rate on | ||||||
22 | any authorized sites
or (ii) the total annual application | ||||||
23 | amounts of a fertilizer to exceed the
generally accepted | ||||||
24 | annual application rate on any authorized sites. All
| ||||||
25 | authorizations shall prescribe
appropriate operational control | ||||||
26 | practices to protect the site of application
and shall |
| |||||||
| |||||||
1 | identify each site or sites where land
application or | ||||||
2 | irrigation take place. Where agrichemical
contaminated
| ||||||
3 | groundwater is used on farmland, the prescribed practices | ||||||
4 | shall be designed
to prevent off-site runoff or conveyance | ||||||
5 | through underground tile
systems. The Department shall
| ||||||
6 | periodically advise the Interagency Committee regarding the | ||||||
7 | issuance of
such authorizations and the status of compliance | ||||||
8 | at the application sites.
| ||||||
9 | (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999 .)
| ||||||
10 | Section 10. The Lawn Care Products Application and Notice | ||||||
11 | Act is amended by changing Section 5 as follows:
| ||||||
12 | (415 ILCS 65/5) (from Ch. 5, par. 855)
| ||||||
13 | Sec. 5. Containment of spills, wash water, and rinsate | ||||||
14 | collection.
| ||||||
15 | (a) No loading of lawn care products for distribution to a | ||||||
16 | customer or
washing or rinsing of pesticide residues from | ||||||
17 | vehicles,
application equipment, mixing equipment, floors or | ||||||
18 | other items used for the
storage, handling, preparation for | ||||||
19 | use, transport, or application of
pesticides to lawns shall be | ||||||
20 | performed at a facility except in designated
containment areas | ||||||
21 | in accordance with the requirements of this
Section.
A lawn | ||||||
22 | care containment permit, issued by the Department, shall be
| ||||||
23 | obtained prior to the operation of the containment area. The
| ||||||
24 | Department shall issue a lawn care containment permit when the |
| |||||||
| |||||||
1 | containment
area or facility complies with the provisions of | ||||||
2 | this Section and the rules
and regulations adopted under | ||||||
3 | Sections 5 and 6. A permit fee of $250 $100 shall be submitted | ||||||
4 | to the Department with each permit application or permit | ||||||
5 | renewal
application. All moneys collected pursuant to this | ||||||
6 | Section
shall be deposited into the Pesticide Control Fund.
| ||||||
7 | (b) No later than January 1, 1993, containment areas
shall | ||||||
8 | be
in use in any facility as defined in this Act and no wash | ||||||
9 | water or rinsates
may be released into the environment except | ||||||
10 | in accordance with applicable
law. Containment areas shall | ||||||
11 | include the following
requirements:
| ||||||
12 | (1) The containment area shall be constructed of | ||||||
13 | concrete,
asphalt or
other impervious materials which | ||||||
14 | include, but are not limited to,
polyethylene containment | ||||||
15 | pans and synthetic membrane liners. All containment
area | ||||||
16 | materials shall be compatible with the lawncare products | ||||||
17 | to be
contained.
| ||||||
18 | (2) The containment area shall be designed to capture | ||||||
19 | spills,
washwaters,
and rinsates generated in the loading | ||||||
20 | of application devices, the lawncare
product-related | ||||||
21 | servicing
of vehicles, and the triple rinsing of pesticide
| ||||||
22 | containers and to prevent the release of such spills, | ||||||
23 | washwaters, or
rinsates
to the environment other than as | ||||||
24 | described in paragraph (3) of this subsection
(b).
| ||||||
25 | (3) Spills, washwaters, and rinsates captured in the
| ||||||
26 | containment area may
be used in accordance with the label |
| |||||||
| |||||||
1 | rates of the lawncare products,
reused as makeup water for | ||||||
2 | dilution of pesticides in preparation of
application, or | ||||||
3 | disposed in accordance with applicable local, State and
| ||||||
4 | federal regulations.
| ||||||
5 | (c) The requirements of this Section shall not apply to | ||||||
6 | situations
constituting an emergency where washing or rinsing | ||||||
7 | of pesticide residues
from equipment or other items is | ||||||
8 | necessary to prevent imminent harm to human
health or the | ||||||
9 | environment.
| ||||||
10 | (d) The requirements of this Section shall not apply to | ||||||
11 | persons subject
to the containment requirements of the | ||||||
12 | Illinois Pesticide Act or the
Illinois Fertilizer Act of 1961
| ||||||
13 | and any rules or regulations adopted thereunder.
| ||||||
14 | (Source: P.A. 96-1310, eff. 7-27-10.)
|