Illinois 2023-2024 Regular Session

Illinois House Bill HB3086 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0441
2	1		HB3086 EnrolledLRB103 27395 CPF 53767 b HB3086 Enrolled LRB103 27395 CPF 53767 b
3	2		HB3086 Enrolled LRB103 27395 CPF 53767 b
4		-	AN ACT concerning safety.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Pesticide Act is amended by
8		-	changing Sections 6, 10, 11, 11.1, 12, 13, 13.3, and 19 as
9		-	follows:
10		-	(415 ILCS 60/6) (from Ch. 5, par. 806)
11		-	Sec. 6. Registration.
12		-	1. Every pesticide which is distributed, sold, offered for
13		-	sale within this State, delivered for transportation or
14		-	transported in interstate commerce or between points within
15		-	the State through any point outside the State, shall be
16		-	registered with the Director or his designated agent, subject
17		-	to provisions of this Act. Such registration shall be for a
18		-	period determined under item 1.5 of this Section and shall
19		-	expire on December 31st. Registration is not required if a
20		-	pesticide is shipped from one plant or warehouse to another
21		-	plant or warehouse by the same person and is used solely at
22		-	such plant or warehouse as a constituent part to make a
23		-	pesticide which is registered under provisions of this Act and
24		-	FIFRA.
25		-	1.5. In order to stagger product registrations, the
26		-	Department shall, for the 2011 registration year, register
	3	+	1 AN ACT concerning safety.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Pesticide Act is amended by
	7	+	5 changing Sections 6, 10, 11, 11.1, 12, 13, 13.3, and 19 as
	8	+	6 follows:
	9	+	7 (415 ILCS 60/6) (from Ch. 5, par. 806)
	10	+	8 Sec. 6. Registration.
	11	+	9 1. Every pesticide which is distributed, sold, offered for
	12	+	10 sale within this State, delivered for transportation or
	13	+	11 transported in interstate commerce or between points within
	14	+	12 the State through any point outside the State, shall be
	15	+	13 registered with the Director or his designated agent, subject
	16	+	14 to provisions of this Act. Such registration shall be for a
	17	+	15 period determined under item 1.5 of this Section and shall
	18	+	16 expire on December 31st. Registration is not required if a
	19	+	17 pesticide is shipped from one plant or warehouse to another
	20	+	18 plant or warehouse by the same person and is used solely at
	21	+	19 such plant or warehouse as a constituent part to make a
	22	+	20 pesticide which is registered under provisions of this Act and
	23	+	21 FIFRA.
	24	+	22 1.5. In order to stagger product registrations, the
	25	+	23 Department shall, for the 2011 registration year, register
27	26
28	27
29	28
30	29		HB3086 Enrolled LRB103 27395 CPF 53767 b
31	30
32	31
33		-	half of the applicants and their products for one year and the
34		-	other half for 2 years. Thereafter, a business registration
35		-	and product registration shall be for 2 years.
36		-	2. Registration applicant shall file a statement with the
37		-	Director which shall include:
38		-	A. The name and address of the applicant and the name
39		-	and address of the person whose name will appear on the
40		-	label if different from the applicant's.
41		-	B. The name of the pesticide.
42		-	C. A copy of the labeling accompanying the pesticide
43		-	under customary conditions of distribution, sale and use,
44		-	including ingredient statement, direction for use, use
45		-	classification, and precautionary or warning statements.
46		-	3. The Director may require the submission of complete
47		-	formula data.
48		-	4. The Director may require a full description of tests
49		-	made and the results thereof, upon which the claims are based,
50		-	for any pesticide not registered pursuant to FIFRA, or on any
51		-	pesticide under consideration to be classified for restricted
52		-	use.
53		-	A. The Director will not consider data he required of
54		-	the initial registrant of a pesticide in support of
55		-	another applicants' registration unless the subsequent
56		-	applicant has obtained written permission to use such
57		-	data.
58		-	B. In the case of renewal registration, the Director
	32	+	HB3086 Enrolled- 2 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 2 - LRB103 27395 CPF 53767 b
	33	+	HB3086 Enrolled - 2 - LRB103 27395 CPF 53767 b
	34	+	1 half of the applicants and their products for one year and the
	35	+	2 other half for 2 years. Thereafter, a business registration
	36	+	3 and product registration shall be for 2 years.
	37	+	4 2. Registration applicant shall file a statement with the
	38	+	5 Director which shall include:
	39	+	6 A. The name and address of the applicant and the name
	40	+	7 and address of the person whose name will appear on the
	41	+	8 label if different from the applicant's.
	42	+	9 B. The name of the pesticide.
	43	+	10 C. A copy of the labeling accompanying the pesticide
	44	+	11 under customary conditions of distribution, sale and use,
	45	+	12 including ingredient statement, direction for use, use
	46	+	13 classification, and precautionary or warning statements.
	47	+	14 3. The Director may require the submission of complete
	48	+	15 formula data.
	49	+	16 4. The Director may require a full description of tests
	50	+	17 made and the results thereof, upon which the claims are based,
	51	+	18 for any pesticide not registered pursuant to FIFRA, or on any
	52	+	19 pesticide under consideration to be classified for restricted
	53	+	20 use.
	54	+	21 A. The Director will not consider data he required of
	55	+	22 the initial registrant of a pesticide in support of
	56	+	23 another applicants' registration unless the subsequent
	57	+	24 applicant has obtained written permission to use such
	58	+	25 data.
	59	+	26 B. In the case of renewal registration, the Director
59	60
60	61
61		-	may accept a statement only with respect to information
62		-	which is different from that furnished previously.
63		-	5. The Director may prescribe other requirements to
64		-	support a pesticide registration by regulation.
65		-	6. For the years preceding the year 2004, any registrant
66		-	desiring to register a pesticide product at any time during
67		-	one year shall pay the annual registration fee of $100 per
68		-	product registered for that applicant. For the years 2004
69		-	through 2010, the annual product registration fee is $200 per
70		-	product. For the years 2011 through 2023 and thereafter, the
71		-	product registration fee shall be $600 per product per 2-year
72		-	registration period and shall be paid at the time of
73		-	registration. For the years 2024 and thereafter, the product
74		-	registration fee shall be $800 per product per 2-year
75		-	registration period and shall be paid at the time of
76		-	registration.
77		-	In addition, for the years preceding the year 2004 any
78		-	business registering a pesticide product at any time during
79		-	one year shall pay the annual business registration fee of
80		-	$250. For the years 2004 through 2010, the annual business
81		-	registration fee shall be $400. For the years 2011 through
82		-	2023 and thereafter, the business registration fee shall be
83		-	$800 per 2-year registration period and shall be paid at the
84		-	time of registration. For the years 2024 and thereafter, the
85		-	business registration fee shall be $1000 per 2-year
86		-	registration period and shall be paid at the time of
87	62
88	63
89		-	registration. Each legal entity of the business shall pay the
90		-	business registration fee.
91		-	For the years preceding the year 2004, any applicant
92		-	requesting an experimental use permit shall pay the annual fee
93		-	of $100 per permit and all special local need pesticide
94		-	registration applicants shall pay an annual fee of $100 per
95		-	product. For the years 2004 through 2010, the annual
96		-	experimental use permit fee and special local need pesticide
97		-	registration fee is $200 per permit. For the years 2011 and
98		-	thereafter, the annual experimental use permit and special
99		-	local need pesticide registration fee shall be $300 per
100		-	product. Subsequent SLN registrations for a pesticide already
101		-	registered shall be exempted from the registration fee.
102		-	A. All registration accepted and approved by the
103		-	Director shall expire on the 31st day of December in any
104		-	one year unless cancelled. Registration for a special
105		-	local need may be granted for a specific period of time
106		-	with the approval date and expiration date specified.
107		-	B. If a registration for special local need granted by
108		-	the Director does not receive approval of the
109		-	Administrator of USEPA, the registration shall expire on
110		-	the date of the Administrator's disapproval.
111		-	7. Registrations approved and accepted by the Director and
112		-	in effect on the 31st day of December, for which renewal
113		-	application is made, shall continue in full force and effect
114		-	until the Director notifies the registrant that the renewal
	64	+
	65	+	HB3086 Enrolled - 2 - LRB103 27395 CPF 53767 b
115	66
116	67
117		-	has been approved and accepted or the registration is denied
118		-	under this Act. Renewal registration forms will be provided to
119		-	applicants by the Director.
120		-	8. If the renewal of a pesticide registration is not filed
121		-	within 30 days of the date of expiration, a penalty late
122		-	registration assessment of $100 per product shall apply in
123		-	addition to the regular product registration fee. The late
124		-	registration assessment shall not apply if the applicant
125		-	furnishes an affidavit certifying that no unregulated
126		-	pesticide was distributed or sold during the period of
127		-	registration. The late assessment is not a bar to prosecution
128		-	for doing business without proper registry.
129		-	9. The Director may prescribe by regulation to allow
130		-	pesticide use for a special local need, pursuant to FIFRA.
131		-	10. The Director may prescribe by regulation the
132		-	provisions for and requirements of registering a pesticide
133		-	intended for experimental use.
134		-	11. The Director shall not make any lack of essentiality a
135		-	criterion for denial of registration of any pesticide. Where 2
136		-	pesticides meet the requirements, one should not be registered
137		-	in preference to the other.
138		-	12. It shall be the duty of the pesticide registrant to
139		-	properly dispose of any pesticide the registration of which
140		-	has been suspended, revoked or cancelled or which is otherwise
141		-	not properly registered in the State.
142		-	(Source: P.A. 100-115, eff. 8-15-17.)
	68	+	HB3086 Enrolled- 3 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 3 - LRB103 27395 CPF 53767 b
	69	+	HB3086 Enrolled - 3 - LRB103 27395 CPF 53767 b
	70	+	1 may accept a statement only with respect to information
	71	+	2 which is different from that furnished previously.
	72	+	3 5. The Director may prescribe other requirements to
	73	+	4 support a pesticide registration by regulation.
	74	+	5 6. For the years preceding the year 2004, any registrant
	75	+	6 desiring to register a pesticide product at any time during
	76	+	7 one year shall pay the annual registration fee of $100 per
	77	+	8 product registered for that applicant. For the years 2004
	78	+	9 through 2010, the annual product registration fee is $200 per
	79	+	10 product. For the years 2011 through 2023 and thereafter, the
	80	+	11 product registration fee shall be $600 per product per 2-year
	81	+	12 registration period and shall be paid at the time of
	82	+	13 registration. For the years 2024 and thereafter, the product
	83	+	14 registration fee shall be $800 per product per 2-year
	84	+	15 registration period and shall be paid at the time of
	85	+	16 registration.
	86	+	17 In addition, for the years preceding the year 2004 any
	87	+	18 business registering a pesticide product at any time during
	88	+	19 one year shall pay the annual business registration fee of
	89	+	20 $250. For the years 2004 through 2010, the annual business
	90	+	21 registration fee shall be $400. For the years 2011 through
	91	+	22 2023 and thereafter, the business registration fee shall be
	92	+	23 $800 per 2-year registration period and shall be paid at the
	93	+	24 time of registration. For the years 2024 and thereafter, the
	94	+	25 business registration fee shall be $1000 per 2-year
	95	+	26 registration period and shall be paid at the time of
143	96
144	97
145		-	(415 ILCS 60/10) (from Ch. 5, par. 810)
146		-	Sec. 10. Commercial applicator license. No commercial
147		-	applicator shall use or supervise the use of any pesticide
148		-	without a commercial license issued by the Director. For the
149		-	years preceding the year 2001, the Director shall require an
150		-	annual fee for commercial applicator license of $35. For the
151		-	years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
152		-	for a commercial applicator license is $45. For the years 2007
153		-	through 2017, the annual fee for a commercial applicator
154		-	license is $60. For the years 2018 through 2023 and
155		-	thereafter, the fee for a multi-year commercial applicator
156		-	license is $180. For the years 2024 and thereafter, the fee for
157		-	a multi-year commercial applicator license is $240. The late
158		-	application fee for a commercial applicator license shall be
159		-	$20 in addition to the normal license fee. A commercial
160		-	applicator shall be assessed a fee of $10 for a duplicate
161		-	license.
162		-	1. Application for the commercial applicator license shall
163		-	be made in writing on designated forms available from the
164		-	Director. Each application shall contain information regarding
165		-	the applicants qualifications, nature of the proposed
166		-	operation, classification of license being sought, and shall
167		-	include the following:
168		-	A. The full name of the applicant.
169		-	B. The address of the applicant.
170	98
171	99
172		-	C. Any necessary information prescribed by the
173		-	Director on the designated application form.
174		-	2. An applicant for a license shall demonstrate competence
175		-	and knowledge regarding pesticide use in accordance with
176		-	Section 9 of this Act.
177		-	3. A licensed commercial applicator must provide to the
178		-	Director at the time of original licensing and must maintain
179		-	throughout the licensure period evidence of financial
180		-	responsibility protecting persons who may suffer personal
181		-	injury or property damage or both as a result of the pesticide
182		-	operation of the applicant in either of the following manners:
183		-	A. Evidence of responsibility may be provided in the
184		-	form of a surety bond for each licensed commercial
185		-	applicator naming the licensed commercial applicator as
186		-	principal of the bond. The amount of the bond shall be not
187		-	less than $50,000 per year. It is permissible to provide
188		-	two bonds; one for $25,000 for bodily injury liability and
189		-	the second for $25,000 for property damage liability. The
190		-	bond or bonds shall be made payable to the Director of
191		-	Agriculture, State of Illinois, for the benefit of the
192		-	injured party and shall be conditioned upon compliance
193		-	with the provisions of this Act by the principal, his or
194		-	her officers, representatives and employees; or
195		-	B. Evidence of responsibility may be provided in the
196		-	form of a certificate of liability insurance providing
197		-	coverage for each licensed commercial applicator or
	100	+
	101	+	HB3086 Enrolled - 3 - LRB103 27395 CPF 53767 b
198	102
199	103
200		-	licensed entity in the amount of not less than $50,000 per
201		-	person, $100,000 per occurrence bodily injury liability
202		-	coverage, with an annual aggregate of not less than
203		-	$500,000, and $50,000 per occurrence property damage
204		-	liability, with an annual aggregate of not less than
205		-	$50,000; or, in lieu thereof, a combined single limit of
206		-	not less than $100,000 bodily injury and property damage
207		-	liability combined, with an annual aggregate of not less
208		-	than $500,000.
209		-	4. Every insurance policy or bond shall contain a
210		-	provision that it will not be cancelled or reduced by the
211		-	principal or insurance company, except upon 30 days prior
212		-	notice in writing to the Director of the Department at the
213		-	Springfield, Illinois office and the principal insured. A
214		-	reduction or cancellation of policy shall not affect the
215		-	liability accrued or which may accrue under such policy before
216		-	the expiration of the 30 days. The notice shall contain the
217		-	termination date. Upon said reduction or cancellation, the
218		-	Director shall immediately notify the licensee that his or her
219		-	license will be suspended and the effective date until the
220		-	minimum bond or liability insurance requirements are met by
221		-	the licensee for the current license period.
222		-	5. Nothing in this Act shall be construed to relieve any
223		-	person from liability for any damage to persons or property
224		-	caused by use of pesticides even though such use conforms to
225		-	label instructions and pertinent rules and regulations of this
	104	+	HB3086 Enrolled- 4 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 4 - LRB103 27395 CPF 53767 b
	105	+	HB3086 Enrolled - 4 - LRB103 27395 CPF 53767 b
	106	+	1 registration. Each legal entity of the business shall pay the
	107	+	2 business registration fee.
	108	+	3 For the years preceding the year 2004, any applicant
	109	+	4 requesting an experimental use permit shall pay the annual fee
	110	+	5 of $100 per permit and all special local need pesticide
	111	+	6 registration applicants shall pay an annual fee of $100 per
	112	+	7 product. For the years 2004 through 2010, the annual
	113	+	8 experimental use permit fee and special local need pesticide
	114	+	9 registration fee is $200 per permit. For the years 2011 and
	115	+	10 thereafter, the annual experimental use permit and special
	116	+	11 local need pesticide registration fee shall be $300 per
	117	+	12 product. Subsequent SLN registrations for a pesticide already
	118	+	13 registered shall be exempted from the registration fee.
	119	+	14 A. All registration accepted and approved by the
	120	+	15 Director shall expire on the 31st day of December in any
	121	+	16 one year unless cancelled. Registration for a special
	122	+	17 local need may be granted for a specific period of time
	123	+	18 with the approval date and expiration date specified.
	124	+	19 B. If a registration for special local need granted by
	125	+	20 the Director does not receive approval of the
	126	+	21 Administrator of USEPA, the registration shall expire on
	127	+	22 the date of the Administrator's disapproval.
	128	+	23 7. Registrations approved and accepted by the Director and
	129	+	24 in effect on the 31st day of December, for which renewal
	130	+	25 application is made, shall continue in full force and effect
	131	+	26 until the Director notifies the registrant that the renewal
226	132
227	133
228		-	State.
229		-	6. The Director may renew any applicant's license in the
230		-	classifications for which such applicant is licensed, subject
231		-	to requalification requirements imposed by the Director.
232		-	Requalification standards shall be prescribed by regulations
233		-	adopted pursuant to this Act and are required to ensure that
234		-	the licensed commercial applicator meets the requirements of
235		-	changing technology and to assure a continued level of
236		-	competence and ability.
237		-	7. The Director may limit the license of an applicant to
238		-	allow only the use of certain pesticides in a delimited
239		-	geographic area, or to the use of certain application
240		-	techniques or equipment. If a license is not issued as applied
241		-	for, the Director shall inform the applicant in writing of the
242		-	reasons and extend an opportunity for the applicant to
243		-	complete the requirements for the license desired.
244		-	8. For the purpose of uniformity, the Director may enter
245		-	into agreements for accepting standards of qualification of
246		-	other states as a basis for licensing commercial applicators.
247		-	(Source: P.A. 99-540, eff. 1-1-17.)
248		-	(415 ILCS 60/11) (from Ch. 5, par. 811)
249		-	Sec. 11. Certified Pesticide Applicators. No person shall
250		-	use or supervise the use of pesticides classified for
251		-	restricted use without a license issued by the Director.
252		-	Persons licensed or desiring to be licensed as certified
253	134
254	135
255		-	pesticide applicators shall comply with the certification
256		-	requirements as set forth in Section 9 of this Act in order to
257		-	protect public health and the environment, including injury to
258		-	the applicator or other persons using these pesticides.
259		-	An applicant for certification as a private pesticide
260		-	applicator shall meet qualification requirements prescribed by
261		-	regulation. The application for certification shall be made in
262		-	writing to the Director, on forms available from the Director
263		-	or the local county agricultural extension adviser's office
264		-	and be accompanied by payment of a $10 license fee in the years
265		-	preceding the year 2001. During the years 2001, 2002, 2003,
266		-	2004, 2005, and 2006, the private pesticide applicator license
267		-	fee shall be $15. During the years 2007 through 2010, the
268		-	private pesticide applicator license fee shall be $20. For the
269		-	years 2011 through 2023 and thereafter, the private pesticide
270		-	applicator license fee shall be $30. For the years 2024 and
271		-	thereafter, the private pesticide applicator license fee shall
272		-	be $60. A private pesticide applicator shall be assessed a fee
273		-	of $5 for a duplicate license. Such application shall include:
274		-	A. The full name of the applicant.
275		-	B. The mailing address of the applicant.
276		-	C. The documents required as evidence of competence
277		-	and knowledge regarding the use of pesticides.
278		-	Certification, as a private pesticide applicator, issued
279		-	by the Director shall be valid for a period prescribed by
280		-	regulation. The Director shall develop regulatory standards to
	136	+
	137	+	HB3086 Enrolled - 4 - LRB103 27395 CPF 53767 b
281	138
282	139
283		-	ensure that certified private pesticide applicators continue
284		-	to meet the requirements of a changing technology and assure a
285		-	continued level of competence and ability.
286		-	(Source: P.A. 96-1310, eff. 7-27-10.)
287		-	(415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
288		-	Sec. 11.1. Commercial not-for-hire license. No commercial
289		-	not-for-hire applicator shall use or supervise the use of any
290		-	pesticide without a license issued by the Director. For the
291		-	years 2011 through 2017, the commercial not-for-hire pesticide
292		-	applicator license fee shall be $20. For the years 2018
293		-	through 2023 and thereafter, the fee for a multi-year
294		-	commercial not-for-hire pesticide applicator license is $60.
295		-	For the years 2024 and thereafter, the fee for a multi-year
296		-	commercial not-for-hire pesticide applicator license is $120.
297		-	The late application fee for a public or commercial
298		-	not-for-hire applicator license shall be $20 in addition to
299		-	the normal license fees. A commercial not-for-hire applicator
300		-	shall be assessed a fee of $10 for a duplicate license.
301		-	1. Application for certification as a commercial
302		-	not-for-hire pesticide applicator shall be made in writing on
303		-	designated forms available from the Director. Each application
304		-	shall contain information regarding the qualifications of the
305		-	applicant, classification of certification being sought, and
306		-	shall include the following:
307		-	A. The full name of the applicant.
	140	+	HB3086 Enrolled- 5 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 5 - LRB103 27395 CPF 53767 b
	141	+	HB3086 Enrolled - 5 - LRB103 27395 CPF 53767 b
	142	+	1 has been approved and accepted or the registration is denied
	143	+	2 under this Act. Renewal registration forms will be provided to
	144	+	3 applicants by the Director.
	145	+	4 8. If the renewal of a pesticide registration is not filed
	146	+	5 within 30 days of the date of expiration, a penalty late
	147	+	6 registration assessment of $100 per product shall apply in
	148	+	7 addition to the regular product registration fee. The late
	149	+	8 registration assessment shall not apply if the applicant
	150	+	9 furnishes an affidavit certifying that no unregulated
	151	+	10 pesticide was distributed or sold during the period of
	152	+	11 registration. The late assessment is not a bar to prosecution
	153	+	12 for doing business without proper registry.
	154	+	13 9. The Director may prescribe by regulation to allow
	155	+	14 pesticide use for a special local need, pursuant to FIFRA.
	156	+	15 10. The Director may prescribe by regulation the
	157	+	16 provisions for and requirements of registering a pesticide
	158	+	17 intended for experimental use.
	159	+	18 11. The Director shall not make any lack of essentiality a
	160	+	19 criterion for denial of registration of any pesticide. Where 2
	161	+	20 pesticides meet the requirements, one should not be registered
	162	+	21 in preference to the other.
	163	+	22 12. It shall be the duty of the pesticide registrant to
	164	+	23 properly dispose of any pesticide the registration of which
	165	+	24 has been suspended, revoked or cancelled or which is otherwise
	166	+	25 not properly registered in the State.
	167	+	26 (Source: P.A. 100-115, eff. 8-15-17.)
308	168
309	169
310		-	B. The name of the applicant's employer.
311		-	C. The address at the applicant's place of employment.
312		-	D. Any other information prescribed by the Director on
313		-	the designated form.
314		-	2. The Director shall not issue a certification to a
315		-	commercial not-for-hire pesticide applicator until the
316		-	individual identified has demonstrated his competence and
317		-	knowledge regarding pesticide use in accordance with Section 9
318		-	of this Act.
319		-	3. The Director shall not renew a certification as a
320		-	commercial not-for-hire pesticide applicator until the
321		-	applicant reestablishes his qualifications in accordance with
322		-	Section 9 of this Act or has met other requirements imposed by
323		-	regulation in order to ensure that the applicant meets the
324		-	requirements of changing technology and to assure a continued
325		-	level of competence and ability.
326		-	4. (Blank).
327		-	5. (Blank).
328		-	6. (Blank).
329		-	7. Persons applying general use pesticides, approved by
330		-	the Inter-Agency Committee on the Use of Pesticides, to scrap
331		-	tires for the control of mosquitoes shall be exempt from the
332		-	license requirements of this Section.
333		-	(Source: P.A. 99-540, eff. 1-1-17.)
334		-	(415 ILCS 60/12) (from Ch. 5, par. 812)
335	170
336	171
337		-	Sec. 12. Licensed operator. No pesticide operator shall
338		-	use any pesticides without a pesticide operator license issued
339		-	by the Director.
340		-	1. Application for an operator license shall be made in
341		-	writing on designated forms available from the Director. Each
342		-	application shall contain information regarding the nature of
343		-	applicants pesticide use, his qualifications, and such other
344		-	facts as prescribed on the form. The application shall also
345		-	include the following:
346		-	A. The full name of applicant.
347		-	B. The address of the applicant.
348		-	C. The name of and license/certification number of the
349		-	pesticide applicator under whom the applicant will work.
350		-	2. The Director shall not issue a pesticide operator
351		-	license until the individual identified has demonstrated his
352		-	competence and knowledge regarding pesticide use in accordance
353		-	with Section 9 of this Act.
354		-	3. The Director shall not issue an operator license to any
355		-	person who is unable to provide the name and
356		-	license/certification number of an applicator under whom the
357		-	operator will work.
358		-	4. For the years preceding the year 2001, a licensed
359		-	commercial operator working for or under the supervision of a
360		-	certified licensed commercial pesticide applicator shall pay
361		-	an annual fee of $25. For the years 2001, 2002, and 2003, the
362		-	annual fee for a commercial operator license is $30. For the
	172	+
	173	+	HB3086 Enrolled - 5 - LRB103 27395 CPF 53767 b
363	174
364	175
365		-	years 2004, 2005, and 2006, the annual fee for a commercial
366		-	operator license is $35. For the years 2007 through 2017, the
367		-	annual fee for a commercial operator license is $40. For the
368		-	years 2018 through 2023 and thereafter, the fee for a
369		-	multi-year commercial operator license is $120. For the years
370		-	2024 and thereafter, the fee for a multi-year commercial
371		-	operator license is $180. The late application fee for an
372		-	operator license shall be $20 in addition to the normal
373		-	license fee. A licensed operator shall be assessed a fee of $10
374		-	for a duplicate license.
375		-	5. For the years 2011 through 2017, the commercial
376		-	not-for-hire pesticide operator license fee shall be $15. For
377		-	the years 2018 through 2023 and thereafter, the fee for a
378		-	multi-year commercial not-for-hire pesticide operator license
379		-	is $45. For the years 2024 and thereafter, the fee for a
380		-	multi-year commercial not-for-hire pesticide operator license
381		-	is $90. The late application fee for a commercial not-for-hire
382		-	operator license shall be $20 in addition to the normal
383		-	license fee. A commercial not-for-hire operator shall be
384		-	assessed a fee of $10 for a duplicate license.
385		-	(Source: P.A. 99-540, eff. 1-1-17; 100-115, eff. 8-15-17.)
386		-	(415 ILCS 60/13) (from Ch. 5, par. 813)
387		-	Sec. 13. Pesticide dealers. Any pesticide dealer who sells
388		-	Restricted Use pesticides shall be registered with the
389		-	Department on forms provided by the Director. Beginning July
	176	+	HB3086 Enrolled- 6 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 6 - LRB103 27395 CPF 53767 b
	177	+	HB3086 Enrolled - 6 - LRB103 27395 CPF 53767 b
	178	+	1 (415 ILCS 60/10) (from Ch. 5, par. 810)
	179	+	2 Sec. 10. Commercial applicator license. No commercial
	180	+	3 applicator shall use or supervise the use of any pesticide
	181	+	4 without a commercial license issued by the Director. For the
	182	+	5 years preceding the year 2001, the Director shall require an
	183	+	6 annual fee for commercial applicator license of $35. For the
	184	+	7 years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
	185	+	8 for a commercial applicator license is $45. For the years 2007
	186	+	9 through 2017, the annual fee for a commercial applicator
	187	+	10 license is $60. For the years 2018 through 2023 and
	188	+	11 thereafter, the fee for a multi-year commercial applicator
	189	+	12 license is $180. For the years 2024 and thereafter, the fee for
	190	+	13 a multi-year commercial applicator license is $240. The late
	191	+	14 application fee for a commercial applicator license shall be
	192	+	15 $20 in addition to the normal license fee. A commercial
	193	+	16 applicator shall be assessed a fee of $10 for a duplicate
	194	+	17 license.
	195	+	18 1. Application for the commercial applicator license shall
	196	+	19 be made in writing on designated forms available from the
	197	+	20 Director. Each application shall contain information regarding
	198	+	21 the applicants qualifications, nature of the proposed
	199	+	22 operation, classification of license being sought, and shall
	200	+	23 include the following:
	201	+	24 A. The full name of the applicant.
	202	+	25 B. The address of the applicant.
390	203
391	204
392		-	1, 2005, any pesticide dealer that sells non-restricted use
393		-	pesticides for use in the production of an agricultural
394		-	commodity in containers with a capacity of 2.5 gallons or
395		-	greater or 10 pounds or greater must also register with the
396		-	Department on forms provided by the Director. Through 2017,
397		-	registration shall consist of passing a required examination
398		-	and payment of a $100 registration fee. For the years 2018
399		-	through 2023 and thereafter, the pesticide dealer registration
400		-	fee for a multi-year registration period is $300. For the
401		-	years 2024 and thereafter, the pesticide dealer registration
402		-	fee for a multi-year registration period is $350. The late
403		-	application fee for a pesticide dealer registration shall be
404		-	$20 in addition to the normal pesticide dealer registration
405		-	fee. A pesticide dealer shall be assessed a fee of $10 for a
406		-	duplicate registration.
407		-	Dealers who hold a Structural Pest Control license with
408		-	the Illinois Department of Public Health or a Commercial
409		-	Applicator's license with the Illinois Department of
410		-	Agriculture are exempt from the registration fee but must
411		-	register with the Department.
412		-	Each place of business which sells restricted use
413		-	pesticides or non-restricted pesticides for use in the
414		-	production of an agricultural commodity in containers with a
415		-	capacity of 2.5 gallons or greater or 10 pounds or greater
416		-	shall be considered a separate entity for the purpose of
417		-	registration.
418	205
419	206
420		-	Registration as a pesticide dealer shall expire on
421		-	December 31 of the year in which it is to expire. Pesticide
422		-	dealers shall be certified in accordance with Section 9 of
423		-	this Act.
424		-	The Director may prescribe, by rule, requirements for the
425		-	registration and testing of any pesticide dealer selling other
426		-	than restricted use pesticides and such rules shall include
427		-	the establishment of a registration fee in an amount not to
428		-	exceed the pesticide dealer registration fee.
429		-	The Department may refuse to issue or may suspend the
430		-	registration of any person who fails to file a return, or to
431		-	pay the tax, penalty, or interest shown in a filed return, or
432		-	to pay any final assessment of tax, penalty, or interest, as
433		-	required by any tax Act administered by the Illinois
434		-	Department of Revenue, until such time as the requirements of
435		-	any such tax Act are satisfied.
436		-	(Source: P.A. 99-540, eff. 1-1-17.)
437		-	(415 ILCS 60/13.3)
438		-	Sec. 13.3. Agrichemical facility containment permits. An
439		-	agrichemical containment permit issued by the Department shall
440		-	be obtained for each existing and new agrichemical facility
441		-	and non-commercial agrichemical facility as defined by rules
442		-	promulgated by the Department. A permit fee of $250 $100 shall
443		-	be submitted to the Department with each permit application or
444		-	permit renewal application. All moneys collected under this
	207	+
	208	+	HB3086 Enrolled - 6 - LRB103 27395 CPF 53767 b
445	209
446	210
447		-	Section must be deposited into the Pesticide Control Fund.
448		-	(Source: P.A. 96-1310, eff. 7-27-10.)
449		-	(415 ILCS 60/19) (from Ch. 5, par. 819)
450		-	Sec. 19. Interagency Committee on Pesticides. The Director
451		-	is authorized to create an interagency committee on
452		-	pesticides. Its purpose is to study and advise on the use of
453		-	pesticides on State property. Also, its purpose is to advise
454		-	any State agency in connection with quarantine programs or the
455		-	protection of the public health and welfare, and to recommend
456		-	needed legislation concerning pesticides.
457		-	1. An interagency committee on pesticides shall consist
458		-	of: (1) the Director of the Department of Agriculture, (2) the
459		-	Director of Natural Resources, (3) the Director of the
460		-	Environmental Protection Agency, (4) the Director of the
461		-	Department of Public Health, (5) the Secretary of the
462		-	Department of Transportation, (6) the President of the
463		-	University of Illinois or his or her designee representing the
464		-	State Natural History Survey and (7) the Dean of the College of
465		-	Agriculture, University of Illinois. Each member of the
466		-	committee may designate some person in his department to serve
467		-	on the committee in his stead. Other State agencies may, at the
468		-	discretion of the Director, be asked to serve on the
469		-	interagency committee on pesticides. The Director of the
470		-	Department of Agriculture shall be chairman of this committee.
471		-	2. The interagency committee shall: (1) Review the current
	211	+	HB3086 Enrolled- 7 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 7 - LRB103 27395 CPF 53767 b
	212	+	HB3086 Enrolled - 7 - LRB103 27395 CPF 53767 b
	213	+	1 C. Any necessary information prescribed by the
	214	+	2 Director on the designated application form.
	215	+	3 2. An applicant for a license shall demonstrate competence
	216	+	4 and knowledge regarding pesticide use in accordance with
	217	+	5 Section 9 of this Act.
	218	+	6 3. A licensed commercial applicator must provide to the
	219	+	7 Director at the time of original licensing and must maintain
	220	+	8 throughout the licensure period evidence of financial
	221	+	9 responsibility protecting persons who may suffer personal
	222	+	10 injury or property damage or both as a result of the pesticide
	223	+	11 operation of the applicant in either of the following manners:
	224	+	12 A. Evidence of responsibility may be provided in the
	225	+	13 form of a surety bond for each licensed commercial
	226	+	14 applicator naming the licensed commercial applicator as
	227	+	15 principal of the bond. The amount of the bond shall be not
	228	+	16 less than $50,000 per year. It is permissible to provide
	229	+	17 two bonds; one for $25,000 for bodily injury liability and
	230	+	18 the second for $25,000 for property damage liability. The
	231	+	19 bond or bonds shall be made payable to the Director of
	232	+	20 Agriculture, State of Illinois, for the benefit of the
	233	+	21 injured party and shall be conditioned upon compliance
	234	+	22 with the provisions of this Act by the principal, his or
	235	+	23 her officers, representatives and employees; or
	236	+	24 B. Evidence of responsibility may be provided in the
	237	+	25 form of a certificate of liability insurance providing
	238	+	26 coverage for each licensed commercial applicator or
472	239
473	240
474		-	status of the sales and use of pesticides within the State of
475		-	Illinois. (2) Review pesticide programs to be sponsored or
476		-	directed by a governmental agency. (3) Consider the problems
477		-	arising from pesticide use with particular emphasis on the
478		-	possible adverse effects on human health, livestock, crops,
479		-	fish, and wildlife, business, industry, agriculture, or the
480		-	general public. (4) Recommend legislation to the Governor, if
481		-	appropriate, which will prohibit the irresponsible use of
482		-	pesticides. (5) Review rules and regulations pertaining to the
483		-	regulation or prohibition of the sale, use or application of
484		-	pesticides and labeling of pesticides for approval prior to
485		-	promulgation and adoption. (6) Contact various experts and lay
486		-	groups, such as the Illinois Pesticide Control Committee, to
487		-	obtain their views and cooperation. (7) Advise on and approve
488		-	of all programs involving the use of pesticides on State owned
489		-	property, state controlled property, or administered by State
490		-	agencies. (8) Examine, with the assistance of the Department
491		-	of Agriculture, the possibility of using continuing education
492		-	courses to satisfy pesticide applicator competency
493		-	requirements required for existing licensees. This shall not
494		-	be construed to include research programs, or the generally
495		-	accepted and approved practices essential to good farm and
496		-	institutional management on the premises of the various State
497		-	facilities.
498		-	3. Members of this committee shall receive no compensation
499		-	for their services as members of this committee other than
500	241
501	242
502		-	that provided by law for their respective positions with the
503		-	State of Illinois. All necessary expenses for travel of the
504		-	committee members shall be paid out of regular appropriations
505		-	of their respective agencies.
506		-	4. The committee shall meet at least once each quarter of
507		-	the calendar year, and may hold additional meetings upon the
508		-	call of the chairman. Four members shall constitute a quorum.
509		-	5. The committee shall make a detailed report of its
510		-	findings and recommendations to the Governor of Illinois prior
511		-	to each General Assembly Session.
512		-	6. The Interagency Committee on Pesticides shall, at a
513		-	minimum, annually, during the spring, conduct a statewide
514		-	public education campaign and agriculture chemical safety
515		-	campaign to inform the public about pesticide products, uses
516		-	and safe disposal techniques. A toll-free hot line number
517		-	shall be made available for the public to report misuse cases.
518		-	The Committee shall include in its educational program
519		-	information and advice about the effects of various pesticides
520		-	and application techniques upon the groundwater and drinking
521		-	water of the State.
522		-	7. The Interagency Committee on Pesticides shall conduct a
523		-	special study of the effects of chemigation and other
524		-	agricultural applications of pesticides upon the groundwater
525		-	of this State. The results of such study shall be reported to
526		-	the General Assembly by March 1, 1989. The members of the
527		-	Committee may utilize the technical and clerical resources of
	243	+
	244	+	HB3086 Enrolled - 7 - LRB103 27395 CPF 53767 b
528	245
529	246
530		-	their respective departments and agencies as necessary or
531		-	useful in the conduct of the study.
532		-	8. In consultation with the Interagency Committee, the
533		-	Department shall develop, and the Interagency Committee shall
534		-	approve, procedures, methods, and guidelines for addressing
535		-	agrichemical pesticide contamination at agrichemical
536		-	facilities in Illinois. In developing those procedures,
537		-	methods, and guidelines, the following shall be considered and
538		-	addressed: (1) an evaluation and assessment of site conditions
539		-	and operational practices at agrichemical facilities where
540		-	agricultural pesticides are handled; (2) what constitutes
541		-	pesticide contamination; (3) cost effective procedures for
542		-	site assessments and technologies for remedial action; and (4)
543		-	achievement of adequate protection of public health and the
544		-	environment from such actual or potential hazards. In
545		-	consultation with the Interagency Committee, the Department
546		-	shall develop, and the Interagency Committee shall approve,
547		-	guidelines and recommendations regarding long term financial
548		-	resources which may be necessary to remediate pesticide
549		-	contamination at agrichemical facilities in Illinois. The
550		-	Department, in consultation with the Interagency Committee,
551		-	shall present a report on those guidelines and recommendations
552		-	to the Governor and the General Assembly on or before January
553		-	1, 1993. The Department and the Interagency Committee shall
554		-	consult with the Illinois Pesticide Control Committee and
555		-	other appropriate parties during this development process.
	247	+	HB3086 Enrolled- 8 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 8 - LRB103 27395 CPF 53767 b
	248	+	HB3086 Enrolled - 8 - LRB103 27395 CPF 53767 b
	249	+	1 licensed entity in the amount of not less than $50,000 per
	250	+	2 person, $100,000 per occurrence bodily injury liability
	251	+	3 coverage, with an annual aggregate of not less than
	252	+	4 $500,000, and $50,000 per occurrence property damage
	253	+	5 liability, with an annual aggregate of not less than
	254	+	6 $50,000; or, in lieu thereof, a combined single limit of
	255	+	7 not less than $100,000 bodily injury and property damage
	256	+	8 liability combined, with an annual aggregate of not less
	257	+	9 than $500,000.
	258	+	10 4. Every insurance policy or bond shall contain a
	259	+	11 provision that it will not be cancelled or reduced by the
	260	+	12 principal or insurance company, except upon 30 days prior
	261	+	13 notice in writing to the Director of the Department at the
	262	+	14 Springfield, Illinois office and the principal insured. A
	263	+	15 reduction or cancellation of policy shall not affect the
	264	+	16 liability accrued or which may accrue under such policy before
	265	+	17 the expiration of the 30 days. The notice shall contain the
	266	+	18 termination date. Upon said reduction or cancellation, the
	267	+	19 Director shall immediately notify the licensee that his or her
	268	+	20 license will be suspended and the effective date until the
	269	+	21 minimum bond or liability insurance requirements are met by
	270	+	22 the licensee for the current license period.
	271	+	23 5. Nothing in this Act shall be construed to relieve any
	272	+	24 person from liability for any damage to persons or property
	273	+	25 caused by use of pesticides even though such use conforms to
	274	+	26 label instructions and pertinent rules and regulations of this
556	275
557	276
558		-	9. As part of the consideration of cost effective
559		-	technologies pursuant to subsection 8 of this Section, the
560		-	Department may, upon request, provide a written authorization
561		-	to the owner or operator of an agrichemical facility for land
562		-	application of agrichemical contaminated soils at agronomic
563		-	rates. As used in this Section, "agrichemical" means
564		-	pesticides or commercial fertilizers, at an agrichemical
565		-	facility, in transit from an agrichemical facility to the
566		-	field of application, or at the field of application. The
567		-	written authorization may also provide for use of groundwater
568		-	contaminated by the release of an agrichemical, provided that
569		-	the groundwater is not also contaminated due to the release of
570		-	a petroleum product or hazardous substance other than an
571		-	agrichemical. The uses of agrichemical contaminated
572		-	groundwater authorized by the Department shall be limited to
573		-	supervised application or irrigation onto farmland and
574		-	blending as make-up water in the preparation of agrichemical
575		-	spray solutions that are to be applied to farmland. In either
576		-	case, the use of the agrichemical contaminated water shall not
577		-	cause (i) the total annual application amounts of a pesticide
578		-	to exceed the respective pesticide label application rate on
579		-	any authorized sites or (ii) the total annual application
580		-	amounts of a fertilizer to exceed the generally accepted
581		-	annual application rate on any authorized sites. All
582		-	authorizations shall prescribe appropriate operational control
583		-	practices to protect the site of application and shall
584	277
585	278
586		-	identify each site or sites where land application or
587		-	irrigation take place. Where agrichemical contaminated
588		-	groundwater is used on farmland, the prescribed practices
589		-	shall be designed to prevent off-site runoff or conveyance
590		-	through underground tile systems. The Department shall
591		-	periodically advise the Interagency Committee regarding the
592		-	issuance of such authorizations and the status of compliance
593		-	at the application sites.
594		-	(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
595		-	Section 10. The Lawn Care Products Application and Notice
596		-	Act is amended by changing Section 5 as follows:
597		-	(415 ILCS 65/5) (from Ch. 5, par. 855)
598		-	Sec. 5. Containment of spills, wash water, and rinsate
599		-	collection.
600		-	(a) No loading of lawn care products for distribution to a
601		-	customer or washing or rinsing of pesticide residues from
602		-	vehicles, application equipment, mixing equipment, floors or
603		-	other items used for the storage, handling, preparation for
604		-	use, transport, or application of pesticides to lawns shall be
605		-	performed at a facility except in designated containment areas
606		-	in accordance with the requirements of this Section. A lawn
607		-	care containment permit, issued by the Department, shall be
608		-	obtained prior to the operation of the containment area. The
609		-	Department shall issue a lawn care containment permit when the
	279	+
	280	+	HB3086 Enrolled - 8 - LRB103 27395 CPF 53767 b
610	281
611	282
612		-	containment area or facility complies with the provisions of
613		-	this Section and the rules and regulations adopted under
614		-	Sections 5 and 6. A permit fee of $250 $100 shall be submitted
615		-	to the Department with each permit application or permit
616		-	renewal application. All moneys collected pursuant to this
617		-	Section shall be deposited into the Pesticide Control Fund.
618		-	(b) No later than January 1, 1993, containment areas shall
619		-	be in use in any facility as defined in this Act and no wash
620		-	water or rinsates may be released into the environment except
621		-	in accordance with applicable law. Containment areas shall
622		-	include the following requirements:
623		-	(1) The containment area shall be constructed of
624		-	concrete, asphalt or other impervious materials which
625		-	include, but are not limited to, polyethylene containment
626		-	pans and synthetic membrane liners. All containment area
627		-	materials shall be compatible with the lawncare products
628		-	to be contained.
629		-	(2) The containment area shall be designed to capture
630		-	spills, washwaters, and rinsates generated in the loading
631		-	of application devices, the lawncare product-related
632		-	servicing of vehicles, and the triple rinsing of pesticide
633		-	containers and to prevent the release of such spills,
634		-	washwaters, or rinsates to the environment other than as
635		-	described in paragraph (3) of this subsection (b).
636		-	(3) Spills, washwaters, and rinsates captured in the
637		-	containment area may be used in accordance with the label
	283	+	HB3086 Enrolled- 9 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 9 - LRB103 27395 CPF 53767 b
	284	+	HB3086 Enrolled - 9 - LRB103 27395 CPF 53767 b
	285	+	1 State.
	286	+	2 6. The Director may renew any applicant's license in the
	287	+	3 classifications for which such applicant is licensed, subject
	288	+	4 to requalification requirements imposed by the Director.
	289	+	5 Requalification standards shall be prescribed by regulations
	290	+	6 adopted pursuant to this Act and are required to ensure that
	291	+	7 the licensed commercial applicator meets the requirements of
	292	+	8 changing technology and to assure a continued level of
	293	+	9 competence and ability.
	294	+	10 7. The Director may limit the license of an applicant to
	295	+	11 allow only the use of certain pesticides in a delimited
	296	+	12 geographic area, or to the use of certain application
	297	+	13 techniques or equipment. If a license is not issued as applied
	298	+	14 for, the Director shall inform the applicant in writing of the
	299	+	15 reasons and extend an opportunity for the applicant to
	300	+	16 complete the requirements for the license desired.
	301	+	17 8. For the purpose of uniformity, the Director may enter
	302	+	18 into agreements for accepting standards of qualification of
	303	+	19 other states as a basis for licensing commercial applicators.
	304	+	20 (Source: P.A. 99-540, eff. 1-1-17.)
	305	+	21 (415 ILCS 60/11) (from Ch. 5, par. 811)
	306	+	22 Sec. 11. Certified Pesticide Applicators. No person shall
	307	+	23 use or supervise the use of pesticides classified for
	308	+	24 restricted use without a license issued by the Director.
	309	+	25 Persons licensed or desiring to be licensed as certified
638	310
639	311
640		-	rates of the lawncare products, reused as makeup water for
641		-	dilution of pesticides in preparation of application, or
642		-	disposed in accordance with applicable local, State and
643		-	federal regulations.
644		-	(c) The requirements of this Section shall not apply to
645		-	situations constituting an emergency where washing or rinsing
646		-	of pesticide residues from equipment or other items is
647		-	necessary to prevent imminent harm to human health or the
648		-	environment.
649		-	(d) The requirements of this Section shall not apply to
650		-	persons subject to the containment requirements of the
651		-	Illinois Pesticide Act or the Illinois Fertilizer Act of 1961
652		-	and any rules or regulations adopted thereunder.
653		-	(Source: P.A. 96-1310, eff. 7-27-10.)
	312	+
	313	+
	314	+
	315	+	HB3086 Enrolled - 9 - LRB103 27395 CPF 53767 b
	316	+
	317	+
	318	+	HB3086 Enrolled- 10 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 10 - LRB103 27395 CPF 53767 b
	319	+	HB3086 Enrolled - 10 - LRB103 27395 CPF 53767 b
	320	+	1 pesticide applicators shall comply with the certification
	321	+	2 requirements as set forth in Section 9 of this Act in order to
	322	+	3 protect public health and the environment, including injury to
	323	+	4 the applicator or other persons using these pesticides.
	324	+	5 An applicant for certification as a private pesticide
	325	+	6 applicator shall meet qualification requirements prescribed by
	326	+	7 regulation. The application for certification shall be made in
	327	+	8 writing to the Director, on forms available from the Director
	328	+	9 or the local county agricultural extension adviser's office
	329	+	10 and be accompanied by payment of a $10 license fee in the years
	330	+	11 preceding the year 2001. During the years 2001, 2002, 2003,
	331	+	12 2004, 2005, and 2006, the private pesticide applicator license
	332	+	13 fee shall be $15. During the years 2007 through 2010, the
	333	+	14 private pesticide applicator license fee shall be $20. For the
	334	+	15 years 2011 through 2023 and thereafter, the private pesticide
	335	+	16 applicator license fee shall be $30. For the years 2024 and
	336	+	17 thereafter, the private pesticide applicator license fee shall
	337	+	18 be $60. A private pesticide applicator shall be assessed a fee
	338	+	19 of $5 for a duplicate license. Such application shall include:
	339	+	20 A. The full name of the applicant.
	340	+	21 B. The mailing address of the applicant.
	341	+	22 C. The documents required as evidence of competence
	342	+	23 and knowledge regarding the use of pesticides.
	343	+	24 Certification, as a private pesticide applicator, issued
	344	+	25 by the Director shall be valid for a period prescribed by
	345	+	26 regulation. The Director shall develop regulatory standards to
	346	+
	347	+
	348	+
	349	+
	350	+
	351	+	HB3086 Enrolled - 10 - LRB103 27395 CPF 53767 b
	352	+
	353	+
	354	+	HB3086 Enrolled- 11 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 11 - LRB103 27395 CPF 53767 b
	355	+	HB3086 Enrolled - 11 - LRB103 27395 CPF 53767 b
	356	+	1 ensure that certified private pesticide applicators continue
	357	+	2 to meet the requirements of a changing technology and assure a
	358	+	3 continued level of competence and ability.
	359	+	4 (Source: P.A. 96-1310, eff. 7-27-10.)
	360	+	5 (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
	361	+	6 Sec. 11.1. Commercial not-for-hire license. No commercial
	362	+	7 not-for-hire applicator shall use or supervise the use of any
	363	+	8 pesticide without a license issued by the Director. For the
	364	+	9 years 2011 through 2017, the commercial not-for-hire pesticide
	365	+	10 applicator license fee shall be $20. For the years 2018
	366	+	11 through 2023 and thereafter, the fee for a multi-year
	367	+	12 commercial not-for-hire pesticide applicator license is $60.
	368	+	13 For the years 2024 and thereafter, the fee for a multi-year
	369	+	14 commercial not-for-hire pesticide applicator license is $120.
	370	+	15 The late application fee for a public or commercial
	371	+	16 not-for-hire applicator license shall be $20 in addition to
	372	+	17 the normal license fees. A commercial not-for-hire applicator
	373	+	18 shall be assessed a fee of $10 for a duplicate license.
	374	+	19 1. Application for certification as a commercial
	375	+	20 not-for-hire pesticide applicator shall be made in writing on
	376	+	21 designated forms available from the Director. Each application
	377	+	22 shall contain information regarding the qualifications of the
	378	+	23 applicant, classification of certification being sought, and
	379	+	24 shall include the following:
	380	+	25 A. The full name of the applicant.
	381	+
	382	+
	383	+
	384	+
	385	+
	386	+	HB3086 Enrolled - 11 - LRB103 27395 CPF 53767 b
	387	+
	388	+
	389	+	HB3086 Enrolled- 12 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 12 - LRB103 27395 CPF 53767 b
	390	+	HB3086 Enrolled - 12 - LRB103 27395 CPF 53767 b
	391	+	1 B. The name of the applicant's employer.
	392	+	2 C. The address at the applicant's place of employment.
	393	+	3 D. Any other information prescribed by the Director on
	394	+	4 the designated form.
	395	+	5 2. The Director shall not issue a certification to a
	396	+	6 commercial not-for-hire pesticide applicator until the
	397	+	7 individual identified has demonstrated his competence and
	398	+	8 knowledge regarding pesticide use in accordance with Section 9
	399	+	9 of this Act.
	400	+	10 3. The Director shall not renew a certification as a
	401	+	11 commercial not-for-hire pesticide applicator until the
	402	+	12 applicant reestablishes his qualifications in accordance with
	403	+	13 Section 9 of this Act or has met other requirements imposed by
	404	+	14 regulation in order to ensure that the applicant meets the
	405	+	15 requirements of changing technology and to assure a continued
	406	+	16 level of competence and ability.
	407	+	17 4. (Blank).
	408	+	18 5. (Blank).
	409	+	19 6. (Blank).
	410	+	20 7. Persons applying general use pesticides, approved by
	411	+	21 the Inter-Agency Committee on the Use of Pesticides, to scrap
	412	+	22 tires for the control of mosquitoes shall be exempt from the
	413	+	23 license requirements of this Section.
	414	+	24 (Source: P.A. 99-540, eff. 1-1-17.)
	415	+	25 (415 ILCS 60/12) (from Ch. 5, par. 812)
	416	+
	417	+
	418	+
	419	+
	420	+
	421	+	HB3086 Enrolled - 12 - LRB103 27395 CPF 53767 b
	422	+
	423	+
	424	+	HB3086 Enrolled- 13 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 13 - LRB103 27395 CPF 53767 b
	425	+	HB3086 Enrolled - 13 - LRB103 27395 CPF 53767 b
	426	+	1 Sec. 12. Licensed operator. No pesticide operator shall
	427	+	2 use any pesticides without a pesticide operator license issued
	428	+	3 by the Director.
	429	+	4 1. Application for an operator license shall be made in
	430	+	5 writing on designated forms available from the Director. Each
	431	+	6 application shall contain information regarding the nature of
	432	+	7 applicants pesticide use, his qualifications, and such other
	433	+	8 facts as prescribed on the form. The application shall also
	434	+	9 include the following:
	435	+	10 A. The full name of applicant.
	436	+	11 B. The address of the applicant.
	437	+	12 C. The name of and license/certification number of the
	438	+	13 pesticide applicator under whom the applicant will work.
	439	+	14 2. The Director shall not issue a pesticide operator
	440	+	15 license until the individual identified has demonstrated his
	441	+	16 competence and knowledge regarding pesticide use in accordance
	442	+	17 with Section 9 of this Act.
	443	+	18 3. The Director shall not issue an operator license to any
	444	+	19 person who is unable to provide the name and
	445	+	20 license/certification number of an applicator under whom the
	446	+	21 operator will work.
	447	+	22 4. For the years preceding the year 2001, a licensed
	448	+	23 commercial operator working for or under the supervision of a
	449	+	24 certified licensed commercial pesticide applicator shall pay
	450	+	25 an annual fee of $25. For the years 2001, 2002, and 2003, the
	451	+	26 annual fee for a commercial operator license is $30. For the
	452	+
	453	+
	454	+
	455	+
	456	+
	457	+	HB3086 Enrolled - 13 - LRB103 27395 CPF 53767 b
	458	+
	459	+
	460	+	HB3086 Enrolled- 14 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 14 - LRB103 27395 CPF 53767 b
	461	+	HB3086 Enrolled - 14 - LRB103 27395 CPF 53767 b
	462	+	1 years 2004, 2005, and 2006, the annual fee for a commercial
	463	+	2 operator license is $35. For the years 2007 through 2017, the
	464	+	3 annual fee for a commercial operator license is $40. For the
	465	+	4 years 2018 through 2023 and thereafter, the fee for a
	466	+	5 multi-year commercial operator license is $120. For the years
	467	+	6 2024 and thereafter, the fee for a multi-year commercial
	468	+	7 operator license is $180. The late application fee for an
	469	+	8 operator license shall be $20 in addition to the normal
	470	+	9 license fee. A licensed operator shall be assessed a fee of $10
	471	+	10 for a duplicate license.
	472	+	11 5. For the years 2011 through 2017, the commercial
	473	+	12 not-for-hire pesticide operator license fee shall be $15. For
	474	+	13 the years 2018 through 2023 and thereafter, the fee for a
	475	+	14 multi-year commercial not-for-hire pesticide operator license
	476	+	15 is $45. For the years 2024 and thereafter, the fee for a
	477	+	16 multi-year commercial not-for-hire pesticide operator license
	478	+	17 is $90. The late application fee for a commercial not-for-hire
	479	+	18 operator license shall be $20 in addition to the normal
	480	+	19 license fee. A commercial not-for-hire operator shall be
	481	+	20 assessed a fee of $10 for a duplicate license.
	482	+	21 (Source: P.A. 99-540, eff. 1-1-17; 100-115, eff. 8-15-17.)
	483	+	22 (415 ILCS 60/13) (from Ch. 5, par. 813)
	484	+	23 Sec. 13. Pesticide dealers. Any pesticide dealer who sells
	485	+	24 Restricted Use pesticides shall be registered with the
	486	+	25 Department on forms provided by the Director. Beginning July
	487	+
	488	+
	489	+
	490	+
	491	+
	492	+	HB3086 Enrolled - 14 - LRB103 27395 CPF 53767 b
	493	+
	494	+
	495	+	HB3086 Enrolled- 15 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 15 - LRB103 27395 CPF 53767 b
	496	+	HB3086 Enrolled - 15 - LRB103 27395 CPF 53767 b
	497	+	1 1, 2005, any pesticide dealer that sells non-restricted use
	498	+	2 pesticides for use in the production of an agricultural
	499	+	3 commodity in containers with a capacity of 2.5 gallons or
	500	+	4 greater or 10 pounds or greater must also register with the
	501	+	5 Department on forms provided by the Director. Through 2017,
	502	+	6 registration shall consist of passing a required examination
	503	+	7 and payment of a $100 registration fee. For the years 2018
	504	+	8 through 2023 and thereafter, the pesticide dealer registration
	505	+	9 fee for a multi-year registration period is $300. For the
	506	+	10 years 2024 and thereafter, the pesticide dealer registration
	507	+	11 fee for a multi-year registration period is $350. The late
	508	+	12 application fee for a pesticide dealer registration shall be
	509	+	13 $20 in addition to the normal pesticide dealer registration
	510	+	14 fee. A pesticide dealer shall be assessed a fee of $10 for a
	511	+	15 duplicate registration.
	512	+	16 Dealers who hold a Structural Pest Control license with
	513	+	17 the Illinois Department of Public Health or a Commercial
	514	+	18 Applicator's license with the Illinois Department of
	515	+	19 Agriculture are exempt from the registration fee but must
	516	+	20 register with the Department.
	517	+	21 Each place of business which sells restricted use
	518	+	22 pesticides or non-restricted pesticides for use in the
	519	+	23 production of an agricultural commodity in containers with a
	520	+	24 capacity of 2.5 gallons or greater or 10 pounds or greater
	521	+	25 shall be considered a separate entity for the purpose of
	522	+	26 registration.
	523	+
	524	+
	525	+
	526	+
	527	+
	528	+	HB3086 Enrolled - 15 - LRB103 27395 CPF 53767 b
	529	+
	530	+
	531	+	HB3086 Enrolled- 16 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 16 - LRB103 27395 CPF 53767 b
	532	+	HB3086 Enrolled - 16 - LRB103 27395 CPF 53767 b
	533	+	1 Registration as a pesticide dealer shall expire on
	534	+	2 December 31 of the year in which it is to expire. Pesticide
	535	+	3 dealers shall be certified in accordance with Section 9 of
	536	+	4 this Act.
	537	+	5 The Director may prescribe, by rule, requirements for the
	538	+	6 registration and testing of any pesticide dealer selling other
	539	+	7 than restricted use pesticides and such rules shall include
	540	+	8 the establishment of a registration fee in an amount not to
	541	+	9 exceed the pesticide dealer registration fee.
	542	+	10 The Department may refuse to issue or may suspend the
	543	+	11 registration of any person who fails to file a return, or to
	544	+	12 pay the tax, penalty, or interest shown in a filed return, or
	545	+	13 to pay any final assessment of tax, penalty, or interest, as
	546	+	14 required by any tax Act administered by the Illinois
	547	+	15 Department of Revenue, until such time as the requirements of
	548	+	16 any such tax Act are satisfied.
	549	+	17 (Source: P.A. 99-540, eff. 1-1-17.)
	550	+	18 (415 ILCS 60/13.3)
	551	+	19 Sec. 13.3. Agrichemical facility containment permits. An
	552	+	20 agrichemical containment permit issued by the Department shall
	553	+	21 be obtained for each existing and new agrichemical facility
	554	+	22 and non-commercial agrichemical facility as defined by rules
	555	+	23 promulgated by the Department. A permit fee of $250 $100 shall
	556	+	24 be submitted to the Department with each permit application or
	557	+	25 permit renewal application. All moneys collected under this
	558	+
	559	+
	560	+
	561	+
	562	+
	563	+	HB3086 Enrolled - 16 - LRB103 27395 CPF 53767 b
	564	+
	565	+
	566	+	HB3086 Enrolled- 17 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 17 - LRB103 27395 CPF 53767 b
	567	+	HB3086 Enrolled - 17 - LRB103 27395 CPF 53767 b
	568	+	1 Section must be deposited into the Pesticide Control Fund.
	569	+	2 (Source: P.A. 96-1310, eff. 7-27-10.)
	570	+	3 (415 ILCS 60/19) (from Ch. 5, par. 819)
	571	+	4 Sec. 19. Interagency Committee on Pesticides. The Director
	572	+	5 is authorized to create an interagency committee on
	573	+	6 pesticides. Its purpose is to study and advise on the use of
	574	+	7 pesticides on State property. Also, its purpose is to advise
	575	+	8 any State agency in connection with quarantine programs or the
	576	+	9 protection of the public health and welfare, and to recommend
	577	+	10 needed legislation concerning pesticides.
	578	+	11 1. An interagency committee on pesticides shall consist
	579	+	12 of: (1) the Director of the Department of Agriculture, (2) the
	580	+	13 Director of Natural Resources, (3) the Director of the
	581	+	14 Environmental Protection Agency, (4) the Director of the
	582	+	15 Department of Public Health, (5) the Secretary of the
	583	+	16 Department of Transportation, (6) the President of the
	584	+	17 University of Illinois or his or her designee representing the
	585	+	18 State Natural History Survey and (7) the Dean of the College of
	586	+	19 Agriculture, University of Illinois. Each member of the
	587	+	20 committee may designate some person in his department to serve
	588	+	21 on the committee in his stead. Other State agencies may, at the
	589	+	22 discretion of the Director, be asked to serve on the
	590	+	23 interagency committee on pesticides. The Director of the
	591	+	24 Department of Agriculture shall be chairman of this committee.
	592	+	25 2. The interagency committee shall: (1) Review the current
	593	+
	594	+
	595	+
	596	+
	597	+
	598	+	HB3086 Enrolled - 17 - LRB103 27395 CPF 53767 b
	599	+
	600	+
	601	+	HB3086 Enrolled- 18 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 18 - LRB103 27395 CPF 53767 b
	602	+	HB3086 Enrolled - 18 - LRB103 27395 CPF 53767 b
	603	+	1 status of the sales and use of pesticides within the State of
	604	+	2 Illinois. (2) Review pesticide programs to be sponsored or
	605	+	3 directed by a governmental agency. (3) Consider the problems
	606	+	4 arising from pesticide use with particular emphasis on the
	607	+	5 possible adverse effects on human health, livestock, crops,
	608	+	6 fish, and wildlife, business, industry, agriculture, or the
	609	+	7 general public. (4) Recommend legislation to the Governor, if
	610	+	8 appropriate, which will prohibit the irresponsible use of
	611	+	9 pesticides. (5) Review rules and regulations pertaining to the
	612	+	10 regulation or prohibition of the sale, use or application of
	613	+	11 pesticides and labeling of pesticides for approval prior to
	614	+	12 promulgation and adoption. (6) Contact various experts and lay
	615	+	13 groups, such as the Illinois Pesticide Control Committee, to
	616	+	14 obtain their views and cooperation. (7) Advise on and approve
	617	+	15 of all programs involving the use of pesticides on State owned
	618	+	16 property, state controlled property, or administered by State
	619	+	17 agencies. (8) Examine, with the assistance of the Department
	620	+	18 of Agriculture, the possibility of using continuing education
	621	+	19 courses to satisfy pesticide applicator competency
	622	+	20 requirements required for existing licensees. This shall not
	623	+	21 be construed to include research programs, or the generally
	624	+	22 accepted and approved practices essential to good farm and
	625	+	23 institutional management on the premises of the various State
	626	+	24 facilities.
	627	+	25 3. Members of this committee shall receive no compensation
	628	+	26 for their services as members of this committee other than
	629	+
	630	+
	631	+
	632	+
	633	+
	634	+	HB3086 Enrolled - 18 - LRB103 27395 CPF 53767 b
	635	+
	636	+
	637	+	HB3086 Enrolled- 19 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 19 - LRB103 27395 CPF 53767 b
	638	+	HB3086 Enrolled - 19 - LRB103 27395 CPF 53767 b
	639	+	1 that provided by law for their respective positions with the
	640	+	2 State of Illinois. All necessary expenses for travel of the
	641	+	3 committee members shall be paid out of regular appropriations
	642	+	4 of their respective agencies.
	643	+	5 4. The committee shall meet at least once each quarter of
	644	+	6 the calendar year, and may hold additional meetings upon the
	645	+	7 call of the chairman. Four members shall constitute a quorum.
	646	+	8 5. The committee shall make a detailed report of its
	647	+	9 findings and recommendations to the Governor of Illinois prior
	648	+	10 to each General Assembly Session.
	649	+	11 6. The Interagency Committee on Pesticides shall, at a
	650	+	12 minimum, annually, during the spring, conduct a statewide
	651	+	13 public education campaign and agriculture chemical safety
	652	+	14 campaign to inform the public about pesticide products, uses
	653	+	15 and safe disposal techniques. A toll-free hot line number
	654	+	16 shall be made available for the public to report misuse cases.
	655	+	17 The Committee shall include in its educational program
	656	+	18 information and advice about the effects of various pesticides
	657	+	19 and application techniques upon the groundwater and drinking
	658	+	20 water of the State.
	659	+	21 7. The Interagency Committee on Pesticides shall conduct a
	660	+	22 special study of the effects of chemigation and other
	661	+	23 agricultural applications of pesticides upon the groundwater
	662	+	24 of this State. The results of such study shall be reported to
	663	+	25 the General Assembly by March 1, 1989. The members of the
	664	+	26 Committee may utilize the technical and clerical resources of
	665	+
	666	+
	667	+
	668	+
	669	+
	670	+	HB3086 Enrolled - 19 - LRB103 27395 CPF 53767 b
	671	+
	672	+
	673	+	HB3086 Enrolled- 20 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 20 - LRB103 27395 CPF 53767 b
	674	+	HB3086 Enrolled - 20 - LRB103 27395 CPF 53767 b
	675	+	1 their respective departments and agencies as necessary or
	676	+	2 useful in the conduct of the study.
	677	+	3 8. In consultation with the Interagency Committee, the
	678	+	4 Department shall develop, and the Interagency Committee shall
	679	+	5 approve, procedures, methods, and guidelines for addressing
	680	+	6 agrichemical pesticide contamination at agrichemical
	681	+	7 facilities in Illinois. In developing those procedures,
	682	+	8 methods, and guidelines, the following shall be considered and
	683	+	9 addressed: (1) an evaluation and assessment of site conditions
	684	+	10 and operational practices at agrichemical facilities where
	685	+	11 agricultural pesticides are handled; (2) what constitutes
	686	+	12 pesticide contamination; (3) cost effective procedures for
	687	+	13 site assessments and technologies for remedial action; and (4)
	688	+	14 achievement of adequate protection of public health and the
	689	+	15 environment from such actual or potential hazards. In
	690	+	16 consultation with the Interagency Committee, the Department
	691	+	17 shall develop, and the Interagency Committee shall approve,
	692	+	18 guidelines and recommendations regarding long term financial
	693	+	19 resources which may be necessary to remediate pesticide
	694	+	20 contamination at agrichemical facilities in Illinois. The
	695	+	21 Department, in consultation with the Interagency Committee,
	696	+	22 shall present a report on those guidelines and recommendations
	697	+	23 to the Governor and the General Assembly on or before January
	698	+	24 1, 1993. The Department and the Interagency Committee shall
	699	+	25 consult with the Illinois Pesticide Control Committee and
	700	+	26 other appropriate parties during this development process.
	701	+
	702	+
	703	+
	704	+
	705	+
	706	+	HB3086 Enrolled - 20 - LRB103 27395 CPF 53767 b
	707	+
	708	+
	709	+	HB3086 Enrolled- 21 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 21 - LRB103 27395 CPF 53767 b
	710	+	HB3086 Enrolled - 21 - LRB103 27395 CPF 53767 b
	711	+	1 9. As part of the consideration of cost effective
	712	+	2 technologies pursuant to subsection 8 of this Section, the
	713	+	3 Department may, upon request, provide a written authorization
	714	+	4 to the owner or operator of an agrichemical facility for land
	715	+	5 application of agrichemical contaminated soils at agronomic
	716	+	6 rates. As used in this Section, "agrichemical" means
	717	+	7 pesticides or commercial fertilizers, at an agrichemical
	718	+	8 facility, in transit from an agrichemical facility to the
	719	+	9 field of application, or at the field of application. The
	720	+	10 written authorization may also provide for use of groundwater
	721	+	11 contaminated by the release of an agrichemical, provided that
	722	+	12 the groundwater is not also contaminated due to the release of
	723	+	13 a petroleum product or hazardous substance other than an
	724	+	14 agrichemical. The uses of agrichemical contaminated
	725	+	15 groundwater authorized by the Department shall be limited to
	726	+	16 supervised application or irrigation onto farmland and
	727	+	17 blending as make-up water in the preparation of agrichemical
	728	+	18 spray solutions that are to be applied to farmland. In either
	729	+	19 case, the use of the agrichemical contaminated water shall not
	730	+	20 cause (i) the total annual application amounts of a pesticide
	731	+	21 to exceed the respective pesticide label application rate on
	732	+	22 any authorized sites or (ii) the total annual application
	733	+	23 amounts of a fertilizer to exceed the generally accepted
	734	+	24 annual application rate on any authorized sites. All
	735	+	25 authorizations shall prescribe appropriate operational control
	736	+	26 practices to protect the site of application and shall
	737	+
	738	+
	739	+
	740	+
	741	+
	742	+	HB3086 Enrolled - 21 - LRB103 27395 CPF 53767 b
	743	+
	744	+
	745	+	HB3086 Enrolled- 22 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 22 - LRB103 27395 CPF 53767 b
	746	+	HB3086 Enrolled - 22 - LRB103 27395 CPF 53767 b
	747	+	1 identify each site or sites where land application or
	748	+	2 irrigation take place. Where agrichemical contaminated
	749	+	3 groundwater is used on farmland, the prescribed practices
	750	+	4 shall be designed to prevent off-site runoff or conveyance
	751	+	5 through underground tile systems. The Department shall
	752	+	6 periodically advise the Interagency Committee regarding the
	753	+	7 issuance of such authorizations and the status of compliance
	754	+	8 at the application sites.
	755	+	9 (Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
	756	+	10 Section 10. The Lawn Care Products Application and Notice
	757	+	11 Act is amended by changing Section 5 as follows:
	758	+	12 (415 ILCS 65/5) (from Ch. 5, par. 855)
	759	+	13 Sec. 5. Containment of spills, wash water, and rinsate
	760	+	14 collection.
	761	+	15 (a) No loading of lawn care products for distribution to a
	762	+	16 customer or washing or rinsing of pesticide residues from
	763	+	17 vehicles, application equipment, mixing equipment, floors or
	764	+	18 other items used for the storage, handling, preparation for
	765	+	19 use, transport, or application of pesticides to lawns shall be
	766	+	20 performed at a facility except in designated containment areas
	767	+	21 in accordance with the requirements of this Section. A lawn
	768	+	22 care containment permit, issued by the Department, shall be
	769	+	23 obtained prior to the operation of the containment area. The
	770	+	24 Department shall issue a lawn care containment permit when the
	771	+
	772	+
	773	+
	774	+
	775	+
	776	+	HB3086 Enrolled - 22 - LRB103 27395 CPF 53767 b
	777	+
	778	+
	779	+	HB3086 Enrolled- 23 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 23 - LRB103 27395 CPF 53767 b
	780	+	HB3086 Enrolled - 23 - LRB103 27395 CPF 53767 b
	781	+	1 containment area or facility complies with the provisions of
	782	+	2 this Section and the rules and regulations adopted under
	783	+	3 Sections 5 and 6. A permit fee of $250 $100 shall be submitted
	784	+	4 to the Department with each permit application or permit
	785	+	5 renewal application. All moneys collected pursuant to this
	786	+	6 Section shall be deposited into the Pesticide Control Fund.
	787	+	7 (b) No later than January 1, 1993, containment areas shall
	788	+	8 be in use in any facility as defined in this Act and no wash
	789	+	9 water or rinsates may be released into the environment except
	790	+	10 in accordance with applicable law. Containment areas shall
	791	+	11 include the following requirements:
	792	+	12 (1) The containment area shall be constructed of
	793	+	13 concrete, asphalt or other impervious materials which
	794	+	14 include, but are not limited to, polyethylene containment
	795	+	15 pans and synthetic membrane liners. All containment area
	796	+	16 materials shall be compatible with the lawncare products
	797	+	17 to be contained.
	798	+	18 (2) The containment area shall be designed to capture
	799	+	19 spills, washwaters, and rinsates generated in the loading
	800	+	20 of application devices, the lawncare product-related
	801	+	21 servicing of vehicles, and the triple rinsing of pesticide
	802	+	22 containers and to prevent the release of such spills,
	803	+	23 washwaters, or rinsates to the environment other than as
	804	+	24 described in paragraph (3) of this subsection (b).
	805	+	25 (3) Spills, washwaters, and rinsates captured in the
	806	+	26 containment area may be used in accordance with the label
	807	+
	808	+
	809	+
	810	+
	811	+
	812	+	HB3086 Enrolled - 23 - LRB103 27395 CPF 53767 b
	813	+
	814	+
	815	+	HB3086 Enrolled- 24 -LRB103 27395 CPF 53767 b HB3086 Enrolled - 24 - LRB103 27395 CPF 53767 b
	816	+	HB3086 Enrolled - 24 - LRB103 27395 CPF 53767 b
	817	+	1 rates of the lawncare products, reused as makeup water for
	818	+	2 dilution of pesticides in preparation of application, or
	819	+	3 disposed in accordance with applicable local, State and
	820	+	4 federal regulations.
	821	+	5 (c) The requirements of this Section shall not apply to
	822	+	6 situations constituting an emergency where washing or rinsing
	823	+	7 of pesticide residues from equipment or other items is
	824	+	8 necessary to prevent imminent harm to human health or the
	825	+	9 environment.
	826	+	10 (d) The requirements of this Section shall not apply to
	827	+	11 persons subject to the containment requirements of the
	828	+	12 Illinois Pesticide Act or the Illinois Fertilizer Act of 1961
	829	+	13 and any rules or regulations adopted thereunder.
	830	+	14 (Source: P.A. 96-1310, eff. 7-27-10.)
	831	+
	832	+
	833	+
	834	+
	835	+
	836	+	HB3086 Enrolled - 24 - LRB103 27395 CPF 53767 b