Public Act 103-0441
HB3086 EnrolledLRB103 27395 CPF 53767 b HB3086 Enrolled LRB103 27395 CPF 53767 b
HB3086 Enrolled LRB103 27395 CPF 53767 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pesticide Act is amended by
changing Sections 6, 10, 11, 11.1, 12, 13, 13.3, and 19 as
follows:
(415 ILCS 60/6) (from Ch. 5, par. 806)
Sec. 6. Registration.
1. Every pesticide which is distributed, sold, offered for
sale within this State, delivered for transportation or
transported in interstate commerce or between points within
the State through any point outside the State, shall be
registered with the Director or his designated agent, subject
to provisions of this Act. Such registration shall be for a
period determined under item 1.5 of this Section and shall
expire on December 31st. Registration is not required if a
pesticide is shipped from one plant or warehouse to another
plant or warehouse by the same person and is used solely at
such plant or warehouse as a constituent part to make a
pesticide which is registered under provisions of this Act and
FIFRA.
1.5. In order to stagger product registrations, the
Department shall, for the 2011 registration year, register
HB3086 Enrolled LRB103 27395 CPF 53767 b
half of the applicants and their products for one year and the
other half for 2 years. Thereafter, a business registration
and product registration shall be for 2 years.
2. Registration applicant shall file a statement with the
Director which shall include:
A. The name and address of the applicant and the name
and address of the person whose name will appear on the
label if different from the applicant's.
B. The name of the pesticide.
C. A copy of the labeling accompanying the pesticide
under customary conditions of distribution, sale and use,
including ingredient statement, direction for use, use
classification, and precautionary or warning statements.
3. The Director may require the submission of complete
formula data.
4. The Director may require a full description of tests
made and the results thereof, upon which the claims are based,
for any pesticide not registered pursuant to FIFRA, or on any
pesticide under consideration to be classified for restricted
use.
A. The Director will not consider data he required of
the initial registrant of a pesticide in support of
another applicants' registration unless the subsequent
applicant has obtained written permission to use such
data.
B. In the case of renewal registration, the Director
may accept a statement only with respect to information
which is different from that furnished previously.
5. The Director may prescribe other requirements to
support a pesticide registration by regulation.
6. For the years preceding the year 2004, any registrant
desiring to register a pesticide product at any time during
one year shall pay the annual registration fee of $100 per
product registered for that applicant. For the years 2004
through 2010, the annual product registration fee is $200 per
product. For the years 2011 through 2023 and thereafter, the
product registration fee shall be $600 per product per 2-year
registration period and shall be paid at the time of
registration. For the years 2024 and thereafter, the product
registration fee shall be $800 per product per 2-year
registration period and shall be paid at the time of
registration.
In addition, for the years preceding the year 2004 any
business registering a pesticide product at any time during
one year shall pay the annual business registration fee of
$250. For the years 2004 through 2010, the annual business
registration fee shall be $400. For the years 2011 through
2023 and thereafter, the business registration fee shall be
$800 per 2-year registration period and shall be paid at the
time of registration. For the years 2024 and thereafter, the
business registration fee shall be $1000 per 2-year
registration period and shall be paid at the time of
registration. Each legal entity of the business shall pay the
business registration fee.
For the years preceding the year 2004, any applicant
requesting an experimental use permit shall pay the annual fee
of $100 per permit and all special local need pesticide
registration applicants shall pay an annual fee of $100 per
product. For the years 2004 through 2010, the annual
experimental use permit fee and special local need pesticide
registration fee is $200 per permit. For the years 2011 and
thereafter, the annual experimental use permit and special
local need pesticide registration fee shall be $300 per
product. Subsequent SLN registrations for a pesticide already
registered shall be exempted from the registration fee.
A. All registration accepted and approved by the
Director shall expire on the 31st day of December in any
one year unless cancelled. Registration for a special
local need may be granted for a specific period of time
with the approval date and expiration date specified.
B. If a registration for special local need granted by
the Director does not receive approval of the
Administrator of USEPA, the registration shall expire on
the date of the Administrator's disapproval.
7. Registrations approved and accepted by the Director and
in effect on the 31st day of December, for which renewal
application is made, shall continue in full force and effect
until the Director notifies the registrant that the renewal
has been approved and accepted or the registration is denied
under this Act. Renewal registration forms will be provided to
applicants by the Director.
8. If the renewal of a pesticide registration is not filed
within 30 days of the date of expiration, a penalty late
registration assessment of $100 per product shall apply in
addition to the regular product registration fee. The late
registration assessment shall not apply if the applicant
furnishes an affidavit certifying that no unregulated
pesticide was distributed or sold during the period of
registration. The late assessment is not a bar to prosecution
for doing business without proper registry.
9. The Director may prescribe by regulation to allow
pesticide use for a special local need, pursuant to FIFRA.
10. The Director may prescribe by regulation the
provisions for and requirements of registering a pesticide
intended for experimental use.
11. The Director shall not make any lack of essentiality a
criterion for denial of registration of any pesticide. Where 2
pesticides meet the requirements, one should not be registered
in preference to the other.
12. It shall be the duty of the pesticide registrant to
properly dispose of any pesticide the registration of which
has been suspended, revoked or cancelled or which is otherwise
not properly registered in the State.
(Source: P.A. 100-115, eff. 8-15-17.)
(415 ILCS 60/10) (from Ch. 5, par. 810)
Sec. 10. Commercial applicator license. No commercial
applicator shall use or supervise the use of any pesticide
without a commercial license issued by the Director. For the
years preceding the year 2001, the Director shall require an
annual fee for commercial applicator license of $35. For the
years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee
for a commercial applicator license is $45. For the years 2007
through 2017, the annual fee for a commercial applicator
license is $60. For the years 2018 through 2023 and
thereafter, the fee for a multi-year commercial applicator
license is $180. For the years 2024 and thereafter, the fee for
a multi-year commercial applicator license is $240. The late
application fee for a commercial applicator license shall be
$20 in addition to the normal license fee. A commercial
applicator shall be assessed a fee of $10 for a duplicate
license.
1. Application for the commercial applicator license shall
be made in writing on designated forms available from the
Director. Each application shall contain information regarding
the applicants qualifications, nature of the proposed
operation, classification of license being sought, and shall
include the following:
A. The full name of the applicant.
B. The address of the applicant.
C. Any necessary information prescribed by the
Director on the designated application form.
2. An applicant for a license shall demonstrate competence
and knowledge regarding pesticide use in accordance with
Section 9 of this Act.
3. A licensed commercial applicator must provide to the
Director at the time of original licensing and must maintain
throughout the licensure period evidence of financial
responsibility protecting persons who may suffer personal
injury or property damage or both as a result of the pesticide
operation of the applicant in either of the following manners:
A. Evidence of responsibility may be provided in the
form of a surety bond for each licensed commercial
applicator naming the licensed commercial applicator as
principal of the bond. The amount of the bond shall be not
less than $50,000 per year. It is permissible to provide
two bonds; one for $25,000 for bodily injury liability and
the second for $25,000 for property damage liability. The
bond or bonds shall be made payable to the Director of
Agriculture, State of Illinois, for the benefit of the
injured party and shall be conditioned upon compliance
with the provisions of this Act by the principal, his or
her officers, representatives and employees; or
B. Evidence of responsibility may be provided in the
form of a certificate of liability insurance providing
coverage for each licensed commercial applicator or
licensed entity in the amount of not less than $50,000 per
person, $100,000 per occurrence bodily injury liability
coverage, with an annual aggregate of not less than
$500,000, and $50,000 per occurrence property damage
liability, with an annual aggregate of not less than
$50,000; or, in lieu thereof, a combined single limit of
not less than $100,000 bodily injury and property damage
liability combined, with an annual aggregate of not less
than $500,000.
4. Every insurance policy or bond shall contain a
provision that it will not be cancelled or reduced by the
principal or insurance company, except upon 30 days prior
notice in writing to the Director of the Department at the
Springfield, Illinois office and the principal insured. A
reduction or cancellation of policy shall not affect the
liability accrued or which may accrue under such policy before
the expiration of the 30 days. The notice shall contain the
termination date. Upon said reduction or cancellation, the
Director shall immediately notify the licensee that his or her
license will be suspended and the effective date until the
minimum bond or liability insurance requirements are met by
the licensee for the current license period.
5. Nothing in this Act shall be construed to relieve any
person from liability for any damage to persons or property
caused by use of pesticides even though such use conforms to
label instructions and pertinent rules and regulations of this
State.
6. The Director may renew any applicant's license in the
classifications for which such applicant is licensed, subject
to requalification requirements imposed by the Director.
Requalification standards shall be prescribed by regulations
adopted pursuant to this Act and are required to ensure that
the licensed commercial applicator meets the requirements of
changing technology and to assure a continued level of
competence and ability.
7. The Director may limit the license of an applicant to
allow only the use of certain pesticides in a delimited
geographic area, or to the use of certain application
techniques or equipment. If a license is not issued as applied
for, the Director shall inform the applicant in writing of the
reasons and extend an opportunity for the applicant to
complete the requirements for the license desired.
8. For the purpose of uniformity, the Director may enter
into agreements for accepting standards of qualification of
other states as a basis for licensing commercial applicators.
(Source: P.A. 99-540, eff. 1-1-17.)
(415 ILCS 60/11) (from Ch. 5, par. 811)
Sec. 11. Certified Pesticide Applicators. No person shall
use or supervise the use of pesticides classified for
restricted use without a license issued by the Director.
Persons licensed or desiring to be licensed as certified
pesticide applicators shall comply with the certification
requirements as set forth in Section 9 of this Act in order to
protect public health and the environment, including injury to
the applicator or other persons using these pesticides.
An applicant for certification as a private pesticide
applicator shall meet qualification requirements prescribed by
regulation. The application for certification shall be made in
writing to the Director, on forms available from the Director
or the local county agricultural extension adviser's office
and be accompanied by payment of a $10 license fee in the years
preceding the year 2001. During the years 2001, 2002, 2003,
2004, 2005, and 2006, the private pesticide applicator license
fee shall be $15. During the years 2007 through 2010, the
private pesticide applicator license fee shall be $20. For the
years 2011 through 2023 and thereafter, the private pesticide
applicator license fee shall be $30. For the years 2024 and
thereafter, the private pesticide applicator license fee shall
be $60. A private pesticide applicator shall be assessed a fee
of $5 for a duplicate license. Such application shall include:
A. The full name of the applicant.
B. The mailing address of the applicant.
C. The documents required as evidence of competence
and knowledge regarding the use of pesticides.
Certification, as a private pesticide applicator, issued
by the Director shall be valid for a period prescribed by
regulation. The Director shall develop regulatory standards to
ensure that certified private pesticide applicators continue
to meet the requirements of a changing technology and assure a
continued level of competence and ability.
(Source: P.A. 96-1310, eff. 7-27-10.)
(415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
Sec. 11.1. Commercial not-for-hire license. No commercial
not-for-hire applicator shall use or supervise the use of any
pesticide without a license issued by the Director. For the
years 2011 through 2017, the commercial not-for-hire pesticide
applicator license fee shall be $20. For the years 2018
through 2023 and thereafter, the fee for a multi-year
commercial not-for-hire pesticide applicator license is $60.
For the years 2024 and thereafter, the fee for a multi-year
commercial not-for-hire pesticide applicator license is $120.
The late application fee for a public or commercial
not-for-hire applicator license shall be $20 in addition to
the normal license fees. A commercial not-for-hire applicator
shall be assessed a fee of $10 for a duplicate license.
1. Application for certification as a commercial
not-for-hire pesticide applicator shall be made in writing on
designated forms available from the Director. Each application
shall contain information regarding the qualifications of the
applicant, classification of certification being sought, and
shall include the following:
A. The full name of the applicant.
B. The name of the applicant's employer.
C. The address at the applicant's place of employment.
D. Any other information prescribed by the Director on
the designated form.
2. The Director shall not issue a certification to a
commercial not-for-hire pesticide applicator until the
individual identified has demonstrated his competence and
knowledge regarding pesticide use in accordance with Section 9
of this Act.
3. The Director shall not renew a certification as a
commercial not-for-hire pesticide applicator until the
applicant reestablishes his qualifications in accordance with
Section 9 of this Act or has met other requirements imposed by
regulation in order to ensure that the applicant meets the
requirements of changing technology and to assure a continued
level of competence and ability.
4. (Blank).
5. (Blank).
6. (Blank).
7. Persons applying general use pesticides, approved by
the Inter-Agency Committee on the Use of Pesticides, to scrap
tires for the control of mosquitoes shall be exempt from the
license requirements of this Section.
(Source: P.A. 99-540, eff. 1-1-17.)
(415 ILCS 60/12) (from Ch. 5, par. 812)
Sec. 12. Licensed operator. No pesticide operator shall
use any pesticides without a pesticide operator license issued
by the Director.
1. Application for an operator license shall be made in
writing on designated forms available from the Director. Each
application shall contain information regarding the nature of
applicants pesticide use, his qualifications, and such other
facts as prescribed on the form. The application shall also
include the following:
A. The full name of applicant.
B. The address of the applicant.
C. The name of and license/certification number of the
pesticide applicator under whom the applicant will work.
2. The Director shall not issue a pesticide operator
license until the individual identified has demonstrated his
competence and knowledge regarding pesticide use in accordance
with Section 9 of this Act.
3. The Director shall not issue an operator license to any
person who is unable to provide the name and
license/certification number of an applicator under whom the
operator will work.
4. For the years preceding the year 2001, a licensed
commercial operator working for or under the supervision of a
certified licensed commercial pesticide applicator shall pay
an annual fee of $25. For the years 2001, 2002, and 2003, the
annual fee for a commercial operator license is $30. For the
years 2004, 2005, and 2006, the annual fee for a commercial
operator license is $35. For the years 2007 through 2017, the
annual fee for a commercial operator license is $40. For the
years 2018 through 2023 and thereafter, the fee for a
multi-year commercial operator license is $120. For the years
2024 and thereafter, the fee for a multi-year commercial
operator license is $180. The late application fee for an
operator license shall be $20 in addition to the normal
license fee. A licensed operator shall be assessed a fee of $10
for a duplicate license.
5. For the years 2011 through 2017, the commercial
not-for-hire pesticide operator license fee shall be $15. For
the years 2018 through 2023 and thereafter, the fee for a
multi-year commercial not-for-hire pesticide operator license
is $45. For the years 2024 and thereafter, the fee for a
multi-year commercial not-for-hire pesticide operator license
is $90. The late application fee for a commercial not-for-hire
operator license shall be $20 in addition to the normal
license fee. A commercial not-for-hire operator shall be
assessed a fee of $10 for a duplicate license.
(Source: P.A. 99-540, eff. 1-1-17; 100-115, eff. 8-15-17.)
(415 ILCS 60/13) (from Ch. 5, par. 813)
Sec. 13. Pesticide dealers. Any pesticide dealer who sells
Restricted Use pesticides shall be registered with the
Department on forms provided by the Director. Beginning July
1, 2005, any pesticide dealer that sells non-restricted use
pesticides for use in the production of an agricultural
commodity in containers with a capacity of 2.5 gallons or
greater or 10 pounds or greater must also register with the
Department on forms provided by the Director. Through 2017,
registration shall consist of passing a required examination
and payment of a $100 registration fee. For the years 2018
through 2023 and thereafter, the pesticide dealer registration
fee for a multi-year registration period is $300. For the
years 2024 and thereafter, the pesticide dealer registration
fee for a multi-year registration period is $350. The late
application fee for a pesticide dealer registration shall be
$20 in addition to the normal pesticide dealer registration
fee. A pesticide dealer shall be assessed a fee of $10 for a
duplicate registration.
Dealers who hold a Structural Pest Control license with
the Illinois Department of Public Health or a Commercial
Applicator's license with the Illinois Department of
Agriculture are exempt from the registration fee but must
register with the Department.
Each place of business which sells restricted use
pesticides or non-restricted pesticides for use in the
production of an agricultural commodity in containers with a
capacity of 2.5 gallons or greater or 10 pounds or greater
shall be considered a separate entity for the purpose of
registration.
Registration as a pesticide dealer shall expire on
December 31 of the year in which it is to expire. Pesticide
dealers shall be certified in accordance with Section 9 of
this Act.
The Director may prescribe, by rule, requirements for the
registration and testing of any pesticide dealer selling other
than restricted use pesticides and such rules shall include
the establishment of a registration fee in an amount not to
exceed the pesticide dealer registration fee.
The Department may refuse to issue or may suspend the
registration of any person who fails to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied.
(Source: P.A. 99-540, eff. 1-1-17.)
(415 ILCS 60/13.3)
Sec. 13.3. Agrichemical facility containment permits. An
agrichemical containment permit issued by the Department shall
be obtained for each existing and new agrichemical facility
and non-commercial agrichemical facility as defined by rules
promulgated by the Department. A permit fee of $250 $100 shall
be submitted to the Department with each permit application or
permit renewal application. All moneys collected under this
Section must be deposited into the Pesticide Control Fund.
(Source: P.A. 96-1310, eff. 7-27-10.)
(415 ILCS 60/19) (from Ch. 5, par. 819)
Sec. 19. Interagency Committee on Pesticides. The Director
is authorized to create an interagency committee on
pesticides. Its purpose is to study and advise on the use of
pesticides on State property. Also, its purpose is to advise
any State agency in connection with quarantine programs or the
protection of the public health and welfare, and to recommend
needed legislation concerning pesticides.
1. An interagency committee on pesticides shall consist
of: (1) the Director of the Department of Agriculture, (2) the
Director of Natural Resources, (3) the Director of the
Environmental Protection Agency, (4) the Director of the
Department of Public Health, (5) the Secretary of the
Department of Transportation, (6) the President of the
University of Illinois or his or her designee representing the
State Natural History Survey and (7) the Dean of the College of
Agriculture, University of Illinois. Each member of the
committee may designate some person in his department to serve
on the committee in his stead. Other State agencies may, at the
discretion of the Director, be asked to serve on the
interagency committee on pesticides. The Director of the
Department of Agriculture shall be chairman of this committee.
2. The interagency committee shall: (1) Review the current
status of the sales and use of pesticides within the State of
Illinois. (2) Review pesticide programs to be sponsored or
directed by a governmental agency. (3) Consider the problems
arising from pesticide use with particular emphasis on the
possible adverse effects on human health, livestock, crops,
fish, and wildlife, business, industry, agriculture, or the
general public. (4) Recommend legislation to the Governor, if
appropriate, which will prohibit the irresponsible use of
pesticides. (5) Review rules and regulations pertaining to the
regulation or prohibition of the sale, use or application of
pesticides and labeling of pesticides for approval prior to
promulgation and adoption. (6) Contact various experts and lay
groups, such as the Illinois Pesticide Control Committee, to
obtain their views and cooperation. (7) Advise on and approve
of all programs involving the use of pesticides on State owned
property, state controlled property, or administered by State
agencies. (8) Examine, with the assistance of the Department
of Agriculture, the possibility of using continuing education
courses to satisfy pesticide applicator competency
requirements required for existing licensees. This shall not
be construed to include research programs, or the generally
accepted and approved practices essential to good farm and
institutional management on the premises of the various State
facilities.
3. Members of this committee shall receive no compensation
for their services as members of this committee other than
that provided by law for their respective positions with the
State of Illinois. All necessary expenses for travel of the
committee members shall be paid out of regular appropriations
of their respective agencies.
4. The committee shall meet at least once each quarter of
the calendar year, and may hold additional meetings upon the
call of the chairman. Four members shall constitute a quorum.
5. The committee shall make a detailed report of its
findings and recommendations to the Governor of Illinois prior
to each General Assembly Session.
6. The Interagency Committee on Pesticides shall, at a
minimum, annually, during the spring, conduct a statewide
public education campaign and agriculture chemical safety
campaign to inform the public about pesticide products, uses
and safe disposal techniques. A toll-free hot line number
shall be made available for the public to report misuse cases.
The Committee shall include in its educational program
information and advice about the effects of various pesticides
and application techniques upon the groundwater and drinking
water of the State.
7. The Interagency Committee on Pesticides shall conduct a
special study of the effects of chemigation and other
agricultural applications of pesticides upon the groundwater
of this State. The results of such study shall be reported to
the General Assembly by March 1, 1989. The members of the
Committee may utilize the technical and clerical resources of
their respective departments and agencies as necessary or
useful in the conduct of the study.
8. In consultation with the Interagency Committee, the
Department shall develop, and the Interagency Committee shall
approve, procedures, methods, and guidelines for addressing
agrichemical pesticide contamination at agrichemical
facilities in Illinois. In developing those procedures,
methods, and guidelines, the following shall be considered and
addressed: (1) an evaluation and assessment of site conditions
and operational practices at agrichemical facilities where
agricultural pesticides are handled; (2) what constitutes
pesticide contamination; (3) cost effective procedures for
site assessments and technologies for remedial action; and (4)
achievement of adequate protection of public health and the
environment from such actual or potential hazards. In
consultation with the Interagency Committee, the Department
shall develop, and the Interagency Committee shall approve,
guidelines and recommendations regarding long term financial
resources which may be necessary to remediate pesticide
contamination at agrichemical facilities in Illinois. The
Department, in consultation with the Interagency Committee,
shall present a report on those guidelines and recommendations
to the Governor and the General Assembly on or before January
1, 1993. The Department and the Interagency Committee shall
consult with the Illinois Pesticide Control Committee and
other appropriate parties during this development process.
9. As part of the consideration of cost effective
technologies pursuant to subsection 8 of this Section, the
Department may, upon request, provide a written authorization
to the owner or operator of an agrichemical facility for land
application of agrichemical contaminated soils at agronomic
rates. As used in this Section, "agrichemical" means
pesticides or commercial fertilizers, at an agrichemical
facility, in transit from an agrichemical facility to the
field of application, or at the field of application. The
written authorization may also provide for use of groundwater
contaminated by the release of an agrichemical, provided that
the groundwater is not also contaminated due to the release of
a petroleum product or hazardous substance other than an
agrichemical. The uses of agrichemical contaminated
groundwater authorized by the Department shall be limited to
supervised application or irrigation onto farmland and
blending as make-up water in the preparation of agrichemical
spray solutions that are to be applied to farmland. In either
case, the use of the agrichemical contaminated water shall not
cause (i) the total annual application amounts of a pesticide
to exceed the respective pesticide label application rate on
any authorized sites or (ii) the total annual application
amounts of a fertilizer to exceed the generally accepted
annual application rate on any authorized sites. All
authorizations shall prescribe appropriate operational control
practices to protect the site of application and shall
identify each site or sites where land application or
irrigation take place. Where agrichemical contaminated
groundwater is used on farmland, the prescribed practices
shall be designed to prevent off-site runoff or conveyance
through underground tile systems. The Department shall
periodically advise the Interagency Committee regarding the
issuance of such authorizations and the status of compliance
at the application sites.
(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
Section 10. The Lawn Care Products Application and Notice
Act is amended by changing Section 5 as follows:
(415 ILCS 65/5) (from Ch. 5, par. 855)
Sec. 5. Containment of spills, wash water, and rinsate
collection.
(a) No loading of lawn care products for distribution to a
customer or washing or rinsing of pesticide residues from
vehicles, application equipment, mixing equipment, floors or
other items used for the storage, handling, preparation for
use, transport, or application of pesticides to lawns shall be
performed at a facility except in designated containment areas
in accordance with the requirements of this Section. A lawn
care containment permit, issued by the Department, shall be
obtained prior to the operation of the containment area. The
Department shall issue a lawn care containment permit when the
containment area or facility complies with the provisions of
this Section and the rules and regulations adopted under
Sections 5 and 6. A permit fee of $250 $100 shall be submitted
to the Department with each permit application or permit
renewal application. All moneys collected pursuant to this
Section shall be deposited into the Pesticide Control Fund.
(b) No later than January 1, 1993, containment areas shall
be in use in any facility as defined in this Act and no wash
water or rinsates may be released into the environment except
in accordance with applicable law. Containment areas shall
include the following requirements:
(1) The containment area shall be constructed of
concrete, asphalt or other impervious materials which
include, but are not limited to, polyethylene containment
pans and synthetic membrane liners. All containment area
materials shall be compatible with the lawncare products
to be contained.
(2) The containment area shall be designed to capture
spills, washwaters, and rinsates generated in the loading
of application devices, the lawncare product-related
servicing of vehicles, and the triple rinsing of pesticide
containers and to prevent the release of such spills,
washwaters, or rinsates to the environment other than as
described in paragraph (3) of this subsection (b).
(3) Spills, washwaters, and rinsates captured in the
containment area may be used in accordance with the label
rates of the lawncare products, reused as makeup water for
dilution of pesticides in preparation of application, or
disposed in accordance with applicable local, State and
federal regulations.
(c) The requirements of this Section shall not apply to
situations constituting an emergency where washing or rinsing
of pesticide residues from equipment or other items is
necessary to prevent imminent harm to human health or the
environment.
(d) The requirements of this Section shall not apply to
persons subject to the containment requirements of the
Illinois Pesticide Act or the Illinois Fertilizer Act of 1961
and any rules or regulations adopted thereunder.
(Source: P.A. 96-1310, eff. 7-27-10.)