Section 830.100  License Application for Commercial Structural Pest Control Business Location

 

a)         Any person who engages in commercial structural pest control at or from any commercial structural pest control business location in Illinois, or from a location outside the State and doing business within Illinois, shall be required to obtain a business license from the Department.

 

b)         To obtain a business license, an applicant shall first meet the certification requirements of the Act and this Part and:

 

1)         Complete the Structural Pest Control Business License Application (Form IL 482-0156);

 

2)         Obtain a certificate of insurance with general liability insurance coverage in accordance with Section 9(b) of the Act and Sections 830.250 and 830.260 of this Part;

 

3)         Pay the required fee for an original commercial structural pest control business license as specified in Section 9(a) of the Act and on the application; and

 

4)         Submit the items in subsections (b)(1) through (3) to the Department.

 

c)         The license shall be available to any individual desiring to perform structural pest control services for hire who employs at least one Illinois certified structural pest control technician at the business location to oversee pest control activities, which may include the use of general use pesticides (restricted use pesticides if qualified under Section 5B of the Act) as long as the requirements of the Act and this Part are met.  All licenses shall be issued to the owner named in the application, and are not transferable or assignable.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.110  Registration Application for Non-Commercial Structural Pest Control Location

 

a)         Any person who engages in non-commercial structural pest control using restricted pesticides, at or from any non-commercial structural pest control location, shall be required to obtain a non-commercial structural pest control registration from the Department prior to the application of any restricted pesticide by the person or facility.

 

b)         To obtain a location registration, an applicant shall first meet the restricted use certification requirements of the Act and this Part and:

 

1)         Complete the Non-commercial Structural Pest Control Business Application (Form IL 482-0157) (Form IL 482-0159 if facility is State, federal or unit of local government);

 

2)         Pay any applicable fee for an original non-commercial structural pest control business registration in accordance with Sections 9(a) and 22 of the Act; and

 

3)         Submit the forms and applicable fees to the Department in accordance with Sections 9(2) and 22 of the Act.

 

c)         The registration shall be available to any non-commercial structural pest control location where restricted pesticides will be used by Illinois structural pest control technicians employed at the location and certified (in accordance with the Act and this Part) by the Department to use restricted pesticides.  All registrations shall be issued to the owner named in the application and are not transferable or assignable.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.120  Application for Examination as a Certified Structural Pest Control Technician

 

a)         Any person who engages in commercial structural pest control is required to become certified by examination in accordance with Section 5 of the Act and this Section except that individuals who are not certified may work under the supervision of a certified technician who shall be responsible for their pesticide applications.

 

b)         Any person who engages in non-commercial structural pest control utilizing restricted-use pesticides is required to become certified by examination in accordance with Section 5 of the Act and this Section except that individuals who are not certified may work under the supervision of a certified technician who shall be responsible for their pesticide applications.

 

c)         Any applicant desiring to become certified to oversee pest control activities including the application of general use pesticides must:

 

1)         Meet the certification requirements of Section 5A of the Act;

 

2)         complete the application for certification as a structural pest control technician - general use pesticides only (Form IL 482-0152);

 

3)         Pay the required examination fee as specified in Section 9 of the Act and on the application;

 

4)         Submit the completed forms and fee to the Department so that they are received no later than 15 days prior to the examination date.

 

5)         Complete the examination requirements described in Subpart C of this Part.

 

d)         Any applicant desiring to oversee pest control activities, including the application of general and restricted use pesticides must:

 

1)         Meet the requirements of Section 5B of the Act;

 

2)         Complete the application for certification as a structural pest control technician - restricted use pesticides (Form IL 482-0153);

 

3)         Pay the required examination fee as specified in Sections 9 and 22 of the Act;

 

4)         Submit the completed forms and applicable fee to the Department so that they are received no later than 15 days prior to the examination date.

 

5)         Complete the examination requirements described in Subpart C of this Part.

 

e)         Any application for original certification or reexamination which is not acted upon by the applicant within one year after acceptance by the Department shall be declared null and void.

 

(Source:  Amended at 25 Ill. Reg. 8303, effective June 25, 2001)

 

Section 830.130  Re-examination Applications

 

Any applicant who takes and fails to pass the general standards examination and/or any sub-category examination as established under Subpart C, may apply for re-examination in the general standards or any sub-category failed by filing an application for re-examination on forms provided by the Department.  The completed application and required fee for re-examination (See Sections 9 and 22 of the Act) must be received by the Department no later than 15 days prior to the examination date.

 

(Source:  Amended at 25 Ill. Reg. 8303, effective June 25, 2001)

 

Section 830.140  Application of Certified Technicians for  Examination in Other Sub-categories

 

Any  technician certified in the use of restricted pesticides (or general use pesticides and meeting the requirements of Section 5B of the Act) may apply for examination in any sub-category established in Subpart C for which the certified technician is qualified and has not previously been certified.  The application shall be on forms prescribed by the Department and shall be filed with the Department so as to be received no later than 15 days prior to the examination date.  All applications shall be accompanied by the required fee for examination (see Sections 9 and 22 of the Act).

 

(Source:  Amended at 25 Ill. Reg. 8303, effective June 25, 2001)

 

Section 830.150  Processing (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.160  Approved Applications (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.170  Disapproved Applications (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.180  License and Registration Renewals

 

a)         Renewal applications will be mailed to all licensees and registrants at least 30 days prior to December 1 of each calendar year.

 

b)         The licensee or applicant shall review the renewal application for accuracy.  The following information shall be recorded where indicated on the renewal application before the application is submitted to the Department:

 

1)         Any changes in business name (that do not result in a change in ownership) and mailing or location address. If there is a change in the location address, the current business license or registration shall be attached to the renewal application and submitted with the fee for replacement of a license or registration prescribed in Section 9(a) of the Act;

 

2)         The signature of the location manager/owner; and

 

3)         The signature and certification number (i.e., 052-) of a technician (certified in accordance with Section 5 of the Act and this Part) employed at the business location processing a certificate expiring beyond the license or registration renewal period.  A technician possessing a certificate expiring at the same time as the business license or registration may sign the renewal, provided that the technician certificate is renewed prior to, or at the same time as, the business license or registration.

 

c)         If a renewal application is filed in a timely and sufficient manner, the Department will process the application, and the current license or registration shall continue in effect until the Department issues either a new license or registration or a Final Order denying the application.

 

d)         For the purposes of this Section, a timely and sufficient manner means that:

 

1)         The renewal application is postmarked no later than December 1 of the year of license or registration expiration; and

 

2)         The Department receives the completed renewal application (in accordance with Section 830.180(b) of this Part) and appropriate renewal (and any replacement of license or registration) fee set forth in Section 9(a) of the Act; and

 

3)         A valid certificate of insurance is on file with the Department (or attached to the renewal) that provides the minimum liability insurance requirements detailed in Section 9(b) of the Act and Sections 830.250 and 830.260 of this Part (not applicable for registrants).  The certificate of insurance form is available on the Structural Pest Control web page at: http://www.idph.state.il.us/envhealth/structuralpest.htm.

 

e)         A renewal application that does not comply with subsections (d)(2) and (d)(3) of this Section shall be considered insufficient and shall be returned to the applicant, and the current license or registration shall lapse on the December 31 expiration date.

 

f)         The Department will process a renewal application that is sufficient but not timely (filed with the Department postmarked after December 1 up to and including December 31), but the current license or registration shall lapse on the December 31 expiration date. The application shall be accompanied by the required late filing charge prescribed in Section 9(a) of the Act.

 

g)         No license or registration shall be renewed after the December 31 expiration date.   Renewal applications postmarked after December 31 will be subject to the requirements and fees for obtaining an original commercial or non-commercial structural pest control business license or registration as detailed in Section 830.100 or 830.110 of this Part.

 

h)         Renewal applications shall not be used to obtain a license or registration when there has been a change in ownership.  For a change in business ownership, the application for a Commercial (or Non-commercial) Structural Pest Control Business Location License (or Registration) and the Change of Business Ownership forms shall be completed and mailed to the Department in accordance with Sections 830.180 (or 830.110) and 830.190 of this Part in lieu of the renewal application.  Forms may be obtained from the Structural Pest Control web page at: http://www.idph.state.il.us/envhealth/structuralpest.htm.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.190  Change of Business Ownership

 

a)         Prior to any commercial or non-commercial pest control business changing ownership, a person shall be required to complete and submit the following for approval by the Department:

 

1)         Change of Ownership form.

 

2)         The application and fee for a commercial structural pest control business license or a non-commercial structural pest control business registration completed in accordance with Section 830.100 or 830.110 of this Part.

 

3)         A certificate of insurance (for commercial business only) in accordance with Section 9 of the Act and Sections 830.250 and 830.260 of this Part.

 

b)         The above information shall be submitted to the Department at least 2 weeks prior to the effective date of the ownership change.

 

c)         Operation under new ownership shall not commence until the Department has issued a new license or registration.

 

d)         Once a new license or registration has been issued, the new licensee or registrant shall submit all copies of the old license or registration to the Department within 15 days of the issue date.

 

(Source:  Added at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.200  Certification Renewals

 

a)         Renewal applications will be mailed to all certified technicians in possession of a valid structural pest control technician certificate at least 30 days prior to December 1 during the year of certification expiration, provided that the following items are on file with the Department by October 1 of that year:

 

1)         A valid, current home address; and

 

2)         Verification of attendance at a minimum of nine classroom contact hours, in increments of three hours or more, at Department-approved pest control training seminars during the certification period.

 

b)         A certified technician who does not receive a renewal application pursuant to subsection (a) of this Section may obtain one by submitting a written request to the Department after the requirements of Section 830.200(a) of this Part have been met.

 

c)         The certified technician shall review the renewal application for accuracy.  Any changes of employment, name, or home or mailing address shall be recorded where indicated on the renewal application.

 

d)         If a renewal application is filed in a timely and sufficient manner,  the Department will process the application, and the current certification shall continue in effect until the Department issues either a certification renewal or a Final Order denying the application.

 

e)         For the purposes of this Section, a timely and sufficient manner means that:

 

1)         The application is postmarked no later than December 1 of the year of certification expiration;

 

2)         The application is on the Department's technician renewal form;

 

3)         The child support section of the application has been completed and the application signed and dated by the certified technician;

 

4)         A check or money order for the renewal fee required by Section 9(a) of the Act is enclosed;

 

5)         Documentation of attendance at a minimum of nine classroom contact hours, in increments of three hours or more, at Department approved pest control training seminars during the three years prior to the renewal application is either on file with the Department or enclosed with the renewal application; and

 

6)         A current 2-inch by 2-inch head and shoulders color photograph of the applicant printed on photographic paper is attached to the application or on file with the Department.

 

f)         A renewal application that does not comply with subsections (e)(2) through (6) of this Section shall be considered insufficient and shall be returned to the applicant, and the current certification shall lapse on the December 31 expiration date.

 

g)         The Department will process a renewal application that is sufficient but not timely (filed with the Department postmark after December 1), but the current certification shall lapse on the December 31 expiration date.  The application shall be accompanied by the required late filing charge prescribed in Section 9(a) of the Act.

 

h)         The Department's acceptance of an application as sufficient for processing shall not be construed as a determination of the merits of the application or the technician's qualifications for certification renewal.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.210  Late Filing Charge

 

a)         A late filing charge (see Section 9(a) of the Act) shall be assessed for any license, registration or certification renewal that is not properly filed with the Department postmarked no later than the December 1 due date.

 

b)         A renewal is improperly filed when a license, registration, or technician certificate cannot be issued because the requirements of the Act and Sections 830.180 or 830.200 of this Part have not been fulfilled.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.220  Non-renewal of Technician Certificates

 

a)         Structural pest control technician certificates shall be renewed up to one year after expiration by paying the renewal fee, late filing charge (as required by Section 9(a) of the Act) and furnishing evidence of attendance at a minimum of nine classroom contact hours, in increments of three hours or more, at Department-approved training seminars.  A certificate issued by the Department pursuant to this Section shall expire three years after the technician's original renewal date.

 

b)         Certificates lapsing more than one year but less than five years after expiration shall be renewed only after the individual files an application for examination, pays all required fees (i.e., a total fee composed of the application, renewal and late filing fee) and successfully passes the certification examinations.

 

c)         No previously certified technician shall be allowed to attain certification without meeting the appropriate requirements as detailed in subsection (a) or (b).

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.230  Certified Technician at Each Location

 

a)         Each structural pest control business location licensed or registered in accordance with Sections 4 and 5 of the Act and Sections 830.100 and 830.110 of this Part shall employ an Illinois certified structural pest control technician at each business location.  This certified technician shall work out of or from the business location and shall:

 

1)         Ensure that all non-certified technicians employed at the business location are receiving instructions on the proper use of pesticides and all other requirements of the Act and this Part.

 

2)         Ensure that records of pesticide use are being maintained at the business location in accordance with Section 830.820 of this Part.

 

2)         Ensure that records of pesticide use are being maintained at the business location in accordance with Section 830.820 of this Part.

 

3)         Purchase, or oversee the purchase of, those restricted pesticides covered by the structural pest control tecnician certification.

 

4)         Supervise the use of general and restricted pesticides by non-certified technicians as outlined in Section 830.270.

 

b)         No Ilinois certified structural pest control technician shall be employed as the only certified structural pest control technician for more than one business location.

 

c)         A pest control consultant may not be employed by a structural pest control business location as the only certified structural pest control technician to use or oversee the use of pesticides under the Act.

 

(Source:  Added at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.240  Change of Certified Structural Pest Control Technician at Place of Employment

 

a)         Each Illinois certified structural pest control technician shall notify the Department in writing within 15 days after any change in home address or employment.  The notification shall also include the date of employment termination at the previous business location, if applicable.  A new structural pest control technician certificate will be issued with the technician's new home address, provided that all copies of the old certificate are submitted to the Department along with the appropriate fee specified in Section 9(a) of the Act.

 

b)         When a licensee or registrant loses the services of the only certified structural pest control technician employed at the business location, the licensee or registrant shall notify the Department in writing within seven days after the certified technician's departure.  In addition:

 

1)         All commercial structural pest control business operations shall cease effective the date of the certified structural pest control technician's departure and shall not resume until a replacement technician has been employed;

 

2)         All non-commercial structural pest control businesses using restricted pesticides shall cease application with restricted pesticides effective the date of the certified structural pest control technician's departure and shall not resume until a replacement technician has been employed; and

 

3)         The licensee or registrant shall notify the Department in writing within seven days after another certified structural pest control technician certified in accordance with Section 5 of the Act and this Part has been employed at the business location. The notification shall also list the certified structural pest control technician's starting date of employment.

 

(Source:  Amended at 39 Ill. Reg. 11821, effective August 7, 2015)

 

Section 830.250  Certificates of Insurance

 

a)         Every commercial structural pest control location application for original license or license renewal shall be accompanied by a certificate of insurance as prescribed under Section 9 of the Act and this Part, unless a valid Certificate of Insurance is already on file with the Department.  The Certificate of Insurance shall utilize one of the following methods:

 

1)         Certificate of Insurance issued by an insurance company authorized to transact business in the State of Illinois; or

 

2)         Certificate of Insurance issued by a Risk Retention Group registered to transact business in the State of Illinois; or

 

3)         Certificate of Insurance issued by an insurance company who is the insurer of a registered purchasing group.

 

b)         The Certificate of Insurance shall be on a form prepared or approved by the Department, issued in the name of each commercial structural pest control business location and shall provide coverage at each location requiring a license. The certificate shall include the following:

 

1)         Complete name of the insurance company providing coverage to the licensee.

 

2)         Name, address and telephone number for the insurance agency.

 

3)         Name and address of the insured location.

 

4)         Type of insurance coverage.

 

5)         Policy number and expiration date.

 

6)         Limits of liability in accordance with Section 9 of the Act or Section 830.260 of this Part.

 

7)         The Illinois Department of Public Health listed as a certificate holder.

 

8)         Signature of the insurance representative authorized to write the certificate.

 

9)         Items not covered by the insurance policy shall be listed and explained on the Certificate of Insurance, or attached to the certificate.

 

c)         Each applicant or licensee, or his or her designated insurance representative, shall provide the Department with the required Certificate of Insurance and notify the Department in writing of any cancellations, material alterations or expiration  at least thirty (30) days prior to any such cancellation, alteration or expiration, not withstanding the requirements of Section 830.250(f).

 

d)         Within thirty (30) days after the renewal of an insurance policy, the licensee shall forward a copy of the renewed Certificate of Insurance to the Department.  Although this responsibility may be delegated to the insurance company, it shall be the responsibility of the licensee to ensure that this requirement is met.

 

e)         The public liability coverages as described on the Certificate of Insurance must be valid and in effect at the time the Department issues the holder of such insurance a commercial structural pest control business location license.

 

f)         Each licensee, or his or her designated insurance representative, shall notify the Department within ten (10) days of any claim which, if paid, will reduce the aggregate limits of the insurance liability coverage below the requirements of Section 9 of the Act and Section 830.260 of this Part.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.260  Insurance Coverage

 

a)         The public liability policy limits as described in Section 9 of the Act shall be primary, first dollar coverages.  The primary, first dollar public liability coverage, when written in single limit liability form, shall be no less than the sum of the personal injury liability per occurrence limits and the property damage liability per occurrence limits, as found in Section 9 of the Act.

 

b)         A commercial structural pest control licensee may not employ the use of any chemicals or structural pest control services excluded from the licensee's liability insurance coverage.  The insurance policy shall cover all pest control services performed by the licensee as defined in Section 3.09 of the Act.

 

c)         If the licensee has manufacturers' and contractors' liability coverage, the licensee's liability policy must contain classifications to insure the exterminating operations being licensed.

 

d)         The insurance policy and coverage shall be in effect at all times during the license year.  Any interruption in insurance coverage (i.e., any instance when the liability insurance coverage fails to meet the requirements of the Act or this Part) shall result in an immediate termination of pest control activities.  Pest control activities shall only be reinstated after a certificate of insurance referencing the limits of liability in accordance with Section 9 of the Act and Sections 830.250 and 830.260 of this Part has been received by the Department.

 

e)         Upon request by the Department, the applicant or licensee shall provide a duplicate copy of the insurance policy.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.270  Supervision of a Non-certified Technician

 

a)         Each non-certified technician using any pesticide under the Act for commercial structural pest control shall be under the supervision of a certified structural pest control technician employed at the business location, who shall be responsible for the non-certified technician's pest control activities.

 

b)         Each non-certified technician using any restricted pesticide under the Act for non-commercial structural pest control shall be under the supervision of a certified structural pest control technician employed at the business location, who shall be responsible for the non-certified technician's pest control activities.

 

c)         Any technician providing supervision for the use of restricted pesticides must be certified in the subcategory for which the technician is providing supervision.

 

d)         The physical presence of the supervising certified structural pest control technician is required in the immediate area of the work site:

 

1)         When required by the pesticide labeling or if the non-certified technician has not had the minimum on-the-job training with a supervising certified structural pest control technician.  At a minimum, on-the-job training requires at least two supervised uses of each type of pesticide applied at each type of work site as verified by records kept in accordance with Section 830.820; and

 

2)         In other situations required by the Act or this Part.

 

e)         If the physical presence of the supervising certified structural pest control technician is not required at the work site as specified in subsection (d), then:

 

1)         A copy of the label for the pesticide used shall be available for immediate review by the non-certified technician;

 

2)         The supervising certified structural pest control technician shall be able to have direct voice contact, or immediate voice contact by telephone or radio, with the non-certified technician at all times during the application; and

 

3)         The supervising certified structural pest control technician shall be able to be physically on the work site within one hour if needed.

 

f)         If the instructions on the pesticide label provide more stringent requirements regarding direct supervision than those listed in this Section, the more stringent requirements shall be followed.

 

g)         In all cases of supervision, the certified structural pest control technician shall give the non-certified technician any site- or pesticide-specific instructions necessary to prevent the misuse of a pesticide.

 

(Source:  Amended at 39 Ill. Reg. 11821, effective August 7, 2015)

 

Section 830.280  Inspections and Investigations (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.290  Classification of Pesticides

 

Any pesticide registered with the USEPA, other than those classified for restricted-use, shall be considered to be a general-use pesticide for the purposes of the administration of the Act and this Part.

 

(Source:  Added at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.300  Application for Certification in Illinois as a Structural Pest Control Technician by Reciprocity

 

a)         An individual classified as a certified structural pest control technician or applicator in another state and who is not an Illinois resident may obtain Illinois certification as a structural pest control technician provided that:

 

1)         The state in which the applicant is certified has certification requirements substantially equal to those of the State of Illinois; and

 

2)         The individual is a resident of the state where original certification was obtained and is still actively certified in that state.

 

b)         An individual shall be allowed to obtain reciprocal certification only in the areas or categories for which he/she was certified by closed book examination in the other state.

 

c)         An applicant desiring to obtain reciprocal certification shall have the state in which he/she is certified submit a letter on agency letterhead to the Department that includes the following information:

 

1)         Name and address of applicant;

 

2)         Employer name and address;

 

3)         Classification of certification (commercial for hire, commercial not-for-hire, etc.);

 

4)         Certificate I.D. number and license I.D. number;

 

5)         Date first certified/licensed;

 

6)         Date of certification/license expiration;

 

7)         Categories for which the individual is certified, along with a brief description of each category;

 

8)         Overall certification status (legal action against certificate/license holder in the past or present, etc.); and

 

9)         Whether the certification examination was an open book or closed book examination.

 

d)         An applicant who has received approval for reciprocal certification pursuant to this Section will then be required to complete the application for certification as a structural pest control technician and submit the application and fee to the Department in accordance with Section 830.120.

 

e)         Reciprocal applicants shall maintain their certification in their resident state in order for their reciprocal certification to remain active in Illinois.  Loss of certification in the reciprocal applicant's resident state for any reason shall also result in the loss of reciprocal certification in Illinois.

 

f)         Residents of Illinois shall not be allowed to obtain reciprocal certification in Illinois. 

 

g)         Once an applicant receives reciprocal certification in Illinois, the applicant shall be subject to all of the requirements of the Act and this Part.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.310  Display of License, Registration and Certification

 

a)         Each licensed commercial and registered non-commercial structural pest control business location shall display its current business license or registration in a prominent location.

 

b)         Current technician certificates for each certified technician employed at the business location shall be prominently displayed along side of the business license or registration for that location.

 

c)         All licenses, registrations and certifications shall be available for review during inspection by the Department.

 

(Source:  Added at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.315  Procedures for Certification as a Structural Pest Control Technician in Wood Products Pest Control (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

SUBPART C: EXAMINATIONS

 

Section 830.400  General Provisions

 

a)         The Department shall offer structural pest control certification examinations to persons who engage in or perform structural pest control activities for the control of industrial, institutional, structural and health related pests.

 

b)         Persons using or supervising the use of general and restricted pesticides while performing commercial structural pest control (restricted pesticides by individuals performing non-commercial structural pest control) in, on or around structures such as food handling establishments, residences, institutions, industrial establishments including warehouses and grain elevators (excluding those covered by the Illinois Department of Agriculture), or any other structures and adjacent areas (public or private), or within structural components, and for the protection of stored, processed or manufactured products, shall be required to independently complete a written examination as prescribed herein, unless said individual is working under the supervision of an individual certified in accordance with Section 5 of the Act.

 

c)         Examinations shall be prepared from suggested study material.  A reference list of suggested study material shall be available from the Department upon request.

 

d)         Examinations shall be independently taken by all applicants at Department designated examination sites without benefit of open books or other examination aids.  Study materials shall not be allowed in the examination room.

 

e)         Each examinee must bring the Department letter confirming the applicant's reservation at a particular testing location as well as a form of identification which contains a current photograph of the applicant (e.g. driver's license, firearms identification card, etc.).

 

f)         Applicants found cheating (e.g. including but not limited to discussing test material with another individual, looking at someone else's answers, viewing notes in a closed book exam) by the test monitor on any examination shall fail all the examinations taken at the testing site.  All testing papers will be surrendered to the Department.  The applicant will also be prohibited from applying for Illinois certification for 1 year from the date of the incident.

 

g)         An applicant shall not be allowed to take the same examination more than 4 times in one year.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.410  Examinations

 

a)         Examinations for certification as structural pest control technicians are divided into two classifications:  General Standards Examination (General Use Pesticides) and Sub-category Examinations (Restricted Use Pesticides).

 

b)         General Standards (General Use Pesticides).  All applicants shall take the general standards examination.  The examination will test each applicant's general knowledge in the following areas:  label and labeling comprehension; safe handling, storage and disposal of pesticides; environmental awareness; types of equipment; application techniques; pests and pesticide formulations; protective clothing and equipment; symptoms of pesticide poisoning; and Illinois laws and regulations related to structural pest control.  Individuals who successfully pass the general standards examination shall be entitled to use or oversee the use of any general use pesticide in accordance with the Act or this Part, provided that the individual meets the requirements of Section 4 of the Act.

 

c)         Sub-category Examinations (Restricted Use Pesticides).  Any individual who satisfactorily passes the general standards examination and meets the requirements in Section 5B of the Act may take a sub-category examination.  The individual shall satisfactorily complete at least one of the eight sub-category examinations listed in subsection(c)(4) with a minimum score of 70 percent before the applicant will be awarded a technician's certificate to use or oversee the use of restricted pesticides within the appropriate sub-category.

 

1)         Any person using or overseeing the use of restricted pesticides while performing commercial structural pest control shall be examined in each sub-category listed in subsections (4)(A) through (D) and (H) for which the person performs structural pest control.

 

2)         Any person using or overseeing the use of restricted pesticides while engaging in non-commercial structural pest control shall be examined in one of the sub-categories listed in subsection (c)(4) for which the person performs structural pest control on behalf of the registrant.

 

3)         A person who is examined in the sub-categories listed in subsections (c)(4)(E) through (G) shall not engage in commercial structural pest control using restricted use pesticides unless he or she is examined in one or more of the sub-categories listed in subsections (c)(4)(A) through (D) and has complied with the licensure requirements for commercial structural pest control locations in the Act and this Part.

 

4)         The sub-category examinations for restricted pesticides are as follows:

 

A)        Insects, Rodents and Other Pests – includes the use or supervision of the use of restricted pesticides other than fumigants for the prevention and control of:

 

i)          insects, mites, ticks and other related pests, but does not include termites and other wood destroying organisms;

 

ii)         rats and mice; and

 

iii)        upon consent and permit from the Illinois Department of Conservation, protected mammals (bats, squirrels, skunks, etc.) and other protected animals (snakes, etc.).

 

B)        Termites and Other Wood-Destroying Organisms – includes the use or supervision of the use of restricted pesticides other than fumigants in, on or under a structure, for the prevention or control of termites and other wood-destroying organisms.

 

C)        Birds – includes the use or supervision of the use of restricted pesticides for the prevention and control of pest birds such as English house sparrows, pigeons and starlings in, on or around structures.

 

D)        Fumigation – includes the use or supervision of the use of restricted fumigants for the control of pests in commercial and non-commercial pest control locations, including but not limited to rail cars, trucks, ships, airplanes, docks and warehouses, and involves general, spot, tarpaulin chamber, vehicle and in-transit fumigation.

 

E)        Food Processing, Manufacturing and Storage – includes the use or supervision of the use of restricted pesticides, excluding fumigants, for the prevention and control of insect and rodent pests associated with the manufacturing, processing, packaging or holding of food products for ultimate consumption by man or animals when the products are not served or offered for sale directly to the ultimate consumer.

 

F)         Institutional and Multi-unit Residential Housing – includes the use or supervision of the use of restricted pesticides excluding fumigants for the prevention and control of insect (excluding termites and other wood destroying organisms) and rodent pests in, on or around nursing homes, hospitals, public housing facilities, state institutions and similar structures.

 

G)        Public Health Pest Control – includes State, federal or other government employees using or supervising the use of restricted pesticides in public health programs for the prevention and control of pests having medical and public health importance other than mosquitoes.

 

H)        Wood Products Pest Control – includes the use of restricted use pesticides (i.e., creosote, pentachlorophenol and inorganic arsenical formulations) to control or prevent wood degradation by wood-destroying organisms, which include, but are not limited to, insects, and the fungi or bacteria that cause surface molding, surface staining, sap staining, brown rot, white rot, dry rot and soft rot.  Certification in this sub-category is limited to those individuals who work in non-commercial wood treatment plants, or for commercial businesses whose function is to treat existing structures or structural components.

 

(Source:  Amended at 39 Ill. Reg. 11821, effective August 7, 2015)

 

Section 830.420  Examination Schedules (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.430  Grades

 

a)         An examinee shall attain a grade of 70 percent or higher on the general standards examination before a certificate will be issued indicating the applicant's authorization to use or oversee the use of general use pesticides.

 

b)         A grade of 70 percent or higher shall also be required on each sub-category examination in order for an applicant to become certified to use or oversee the use of restricted pesticides in that sub-category of structural pest control.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.440  Notification of Examination Results

 

a)         Each examinee shall be notified by letter from the Department of the results of his/her examination.  Results will be sent to the applicant's home address.

 

b)         An applicant who fails the general standards examination or any sub-category examination will receive a re-examination application in the mail with the examination results.

 

c)         An applicant who has successfully passed the general standards examination or the general standards examination and one or more sub-category examinations shall be issued a certificate evidencing the proper certification classification.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.450  Confidentiality of Examination Scores

 

Results of the examination shall not be released by the Department to any person(s) except the examinee or his authorized representative.  No test results will be communicated via the telephone.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.460  Examinee's Review of Examination (Repealed)

 

 

(Source:  Repealed at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.470  Applicant Unable to Attend Scheduled Examination

 

a)         An applicant who is unable to attend a scheduled pest control certification examination shall provide written notification submitted by mail to, and received by, the Illinois Department of Public Health, Division of Environmental Health, 525 W. Jefferson Street, Springfield, Illinois 62761, or by e-mail to DPH.pestcontrol@Illinois.gov, at least two business days prior to the scheduled examination date. 

 

b)         An applicant who files written notification in accordance with this Part will   receive no more than one excused absence from an examination per year. 

 

c)         An applicant who fails to provide written notification in accordance with this Part and fails to attend the scheduled examination shall be required to file a new application and fee in accordance with Subpart B of this Part to be eligible to take an examination on another date. 

 

d)         Written notification shall be sent to the Department's main office in Springfield by U.S. mail, by fax or by electronic mail as indicated on Department examination applications and correspondence.

 

(Source:  Added at 37 Ill. Reg. 3288, effective March 1, 2013)

SUBPART D: PEST CONTROL COURSES

 

Section 830.500  Application

 

a)         An educational institution or any other entity which has established or proposes to establish a pest control course to satisfy the certification requirements of Section 5 of the Act must submit its program to the Department for review and approval.

 

b)         Such request shall be submitted to the Department at least 60 days prior to the beginning of the course.  Said request shall include:

 

1)         a complete outline and description of the subject material including proposed lesson plans, course textbook, handouts, worksheets, laboratory exercises, listing of audiovisual aids and equipment, exam schedules and grading policy;

 

2)         the total number of classroom hours required to complete the course (minimum of 30 classroom hours required for course);

 

3)         type of audience;

 

4)         prerequisites required in order to take course;

 

5)         background information and qualifications of speakers; and

 

6)         dates and locations where pest control course is to be offered (if applicable).

 

(Source:  Amended at 18 Ill. Reg. 14404, effective September 15, 1994)

 

Section 830.510  Application (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.520  Instructors

 

Any instructor participating in an approved pest control course shall be a certified structural pest control technician; or a pest control specialist in a related field. In addition, any person who has specialized knowledge or experience may be utilized to supplement the program.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.530  Pest Control Course Description

 

Every pest control course shall cover the following subjects:

 

a)         Label and Labeling Comprehension:

 

1)         The general format and terminology of pesticide labels and labeling;

 

2)         Instructions, warnings, terms, symbols and other information commonly appearing on pesticide labels;

 

3)         Classification of the product as general or restricted; and

 

4)         Necessity for use consistent with the label.

 

b)         Safety – Factors including:

 

1)         Pesticide toxicity and hazard to man, and common exposure routes;

 

2)         Common types and causes of pesticide accidents;

 

3)         Precautions necessary to guard against injury to applicators and other individuals, and property damage in or near treated areas;

 

4)         Need for and use of protective clothing and equipment;

 

5)         Symptoms of pesticide poisoning;

 

6)         First aid and other procedures to be followed in case of a pesticide accident; and

 

7)         Proper identification, storage, transport, handling and mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

 

c)         Environment – The potential environmental consequences of the use and misuse of pesticides including the influence of such factors as:

 

1)         Climatic conditions;

 

2)         Types of terrain, soil or other substrate;

 

3)         Presence of fish, wildlife and other non-target organisms; and

 

4)         Drainage patterns.

 

d)         Structural Pests – Factors such as:

 

1)         Common features of pest organisms and characteristics of damage needed for pest recognition;

 

2)         Recognition of relevant pests; and

 

3)         Pest development and biology as it may be relevant to problem identification and control.

 

e)         Pesticides, including fumigants – Factors such as:

 

1)         Types of pesticides to control insects, rodents, other pests, termites and other wood destroying organisms; birds and other vertebrates;

 

2)         Types of formulations;

 

3)         Compatibility, synergism, persistence, and animal and plant toxicity of the formulations;

 

4)         Hazards and residues associated with use;

 

5)         Factors which influence effectiveness or lead to such problems as resistance to pesticides; and

 

6)         Dilution procedures.

 

f)         Equipment – Factors including:

 

1)         Types of equipment and advantages and limitations of each type; and

 

2)         Use, maintenance, and calibration.

 

g)         Application Techniques – Factors including:

 

1)         Methods used to apply various formulations of pesticides, solutions and gases, together with a knowledge of which technique(s) of application to use in a given situation;

 

2)         Relationship of discharge and placement of pesticides to proper use, unnecessary use and misuse; and

 

3)         Prevention of drift and pesticide loss into the environment.

 

h)         Laws and Regulations – Applicable State and Federal laws and regulations.

 

i)          Importance of sanitation in achieving a viable pest management program.

 

j)          Conditions conducive to structural pest invasion or harborage.

 

k)         Concepts of Integrated Pest Management.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.540  Record of Completion

 

Each educational institution or other entity whose pest control course has been approved by the Department shall issue a letter or certificate of completion to each enrollee or participant successfully completing the course.  In addition, the educational institution or other entity shall file with the Department a copy of the letters, certificates or lists of participants who have successfully completed the course.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.550  Pest Control Course Evaluation

 

The Department may evaluate an approved pest control course, after written notification, to determine the level of on-going effectiveness of the past control course.

 

Section 830.560  Approval (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.570  Disapproval of an Application or Recission of Approval (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

SUBPART E: PEST CONTROL TRAINING SEMINARS (RECERTIFICATION)

 

Section 830.600  Application

 

a)         To satisfy the training seminar requirements of the Act pertaining to recertification (i.e., certification renewal), each educational institution or any other entity that has established or proposes to establish a recertification training seminar on structural pest control shall submit its program to the Department in writing for review and approval.

 

b)         The request shall be submitted to the Department no later than four weeks prior to the date of the program.  The program information shall include:

 

1)         The title of the program;

 

2)         Sponsor information, including name, address, telephone number, e-mail address (if available), and contact person;

 

3)         Dates and location of the program;

 

4)         Type of audience;

 

5)         An agenda listing the title of each topic, speakers, amount of time per topic, breaks, and start and end times;

 

6)         A brief description of each topic;

 

7)         Background information and qualifications of each speaker; and

 

8)         Total classroom contact hours excluding breaks (a classroom contact hour shall be composed of 60 minutes).

 

c)         Requirements for certification as a structural pest control technician (in accordance with Section 5 of the Act and Section 830.120 of this Part) shall be included in the program brochure if Department approval for certification examinations is granted.

 

d)         Any seminar sponsor request for the Department's participation shall be submitted for approval no later than eight weeks prior to the meeting date.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.610  Application (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.620  Instructors

 

Each instructor participating in an approved pest control recertification training seminar shall be a certified structural pest control technician or pest control specialist.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.630  Pest Control Seminars

 

a)         Pest control recertification training seminars shall be in increments of three or more classroom contact hours ( excluding breaks) and shall cover one or more categories as outlined in Section 830.530.

 

b)         The seminar sponsor shall notify all interested participants of the seminar date or dates and location.

 

c)         Sponsors shall incorporate audio-visual aids, handouts or demonstrations into their programs to help assure audience attentiveness and comprehension.  In addition, a written evaluation form shall be included for completion by all participants.  The sponsor shall use the evaluation form to improve seminar content and presentation.

           

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.640  Record of Completion

 

a)         Each educational institution or other entity whose pest control recertification training seminar has been approved by the Department shall issue a letter or certificate of completion to each enrollee or participant who successfully completes the seminar.

 

b)         Each educational institution or other entity shall maintain a copy of the typed list of individuals attending each seminar, which shall be signed by each attendee and shall include sign in/out times.  The original typed listing of those individuals who have satisfactorily completed the seminar shall be submitted to the Department and shall include the following:

 

1)         Information pertaining to the seminar (i.e., title, dates and locations of seminar and sponsoring agency);

 

2)         Participant's printed name and signature beside sign-in and sign-out times;

 

3)         Participant's Illinois certification number (052-);

 

4)         Date of participant's certificate expiration;

 

5)         Participant's home address; and

 

6)         Employer's name and address.

 

c)         The list required in subsection (b) shall be filed with the Department no later than 45 calendar days after the conclusion of the seminar.  The seminar sponsor may also electronically submit to the Department a spreadsheet containing each participant's name and certification number, along with the title, location, program date or dates and the number of classroom contact hours awarded for the program.  This electronic filing will enable seminar hours to be credited to the participant prior to the Department's receipt of the original copy of the list.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.650  Pest Control Seminar Evaluation

 

The Department, upon written notification to the person or group holding the seminar, will evaluate an approved recertification training seminar on structural pest control to determine the level of the ongoing effectiveness of the training seminar.

 

(Source:  Amended at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.660  Approval (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.670  Disapproval of an Application or Recission of Approval (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 2090, effective February 3, 1989)

SUBPART F: HEARINGS AND ADMINISTRATIVE FINES

 

Section 830.700  Hearings

 

All hearings held pursuant to this Part shall be in accordance with the Act and the Department's  Practice and Procedure in Administrative Hearings.

 

(Source:  Amended at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.710  Administrative Fines

 

a)         The Department is authorized to assess administrative civil fines against a licensee, registrant, certified structural pest control technician, public school, licensed day care center or other person for violations of the Act or this Part.  Fines may be assessed in addition to, or in lieu of, license, registration or certification suspensions and revocations.

 

b)         The amount of a fine shall be determined in accordance with the Schedule of Administrative Civil Fines in Table A and the following criteria:

 

1)         A violation, for the purposes of this Section, will be considered to mean a finding of violation of a Section of the Act or this Part by a court of competent jurisdiction in this or any other state, or by the Director in a Final Order issued pursuant to the Act, or by a notice of warning issued in accordance with Section 14 of the Act.

 

2)         For purposes of determining a second violation, an initial violation means the first violation of a particular Section of the Act or this Part within the previous three years. Each day in which the same violation exists shall constitute a separate violation.

 

3)         Each location shall be considered separately with regard to violation determinations under this Part.

 

4)         A Type A violation is any one of the following:

 

A)        Failure to observe the general safety precautions of Section 830.800.

 

B)        Failure to abide by any stop sale or stop use order issued under Section 830.860.

 

C)        Failure to notify the Department of any incident or accident involving pesticides as required in Section 830.870.

 

D)        Use of a pesticide in a manner inconsistent with its labeling directions (Section 830.810).

 

E)        Performing a pesticide application or inspection in a faulty, careless, or negligent manner (Section 13(d) of the Act).

 

F)         Performing structural pest control in violation of the certification requirements of Sections 4(c) and 5 of the Act and Sections 830.230 and 830.270.

 

G)        Performing structural pest control in violation of an order issued by the Director (Sections 10(f), 13(a) and 14 of the Act).

 

H)        Failure to use methods or materials suitable for structural pest control (Section 13(c) of the Act).

 

I)         Performing structural pest control utilizing or authorizing the use or sale of pesticides that are in violation of the FIFRA or the Illinois Pesticide Act. (Section 13(i) of the Act)

 

J)         Failure to notify employees and parents and guardians of students of a public school or licensed day care center two business days before a pesticide application as specified in Section 10.3 of the Act.

 

5)         A Type B violation is any one of the following:

 

A)        Failure to cease pest control operations when insurance coverage is interrupted (Section 830.260(d)).

 

B)        Making or reporting false, misleading, or fraudulent information. (See Section 13(c) of the Act.)

 

C)        Fraudulent advertising or solicitations relating to structural pest control. (Section 13(f) of the Act)

 

D)        Allowing a license, permit, registration or certification to be used by another person, in violation of Sections 4(f) and 6(b) of the Act.

 

E)        Using the certification of a structural pest control technician to secure or maintain a license or registration when that individual is not actively employed at the business location, in violation of Section 6(b) of the Act.

 

F)         Aiding or abetting a person to evade any provision of the Act. (Section 13(g) of the Act)

 

G)        Impersonating any federal, State, county, or city official. (Section 13(h) of the Act)

 

H)        Failure to allow the Department to perform inspections and investigations in accordance with Section 10(g) and (h) of the Act.

 

I)         Failure to comply with a written notice issued in accordance with Section 830.860.

 

J)         Performing structural pest control in violation of the license and registration requirements of Section 4(a) or 4(b) of the Act.

 

K)        Failure to provide information to the Department upon request in accordance with Section 13(e) of the Act.

 

6)         A Type C violation is any one of the following:

 

A)        Failure to observe the pesticide storage requirements of Section 830.830.

 

B)        Failure to observe the service vehicle requirements of Section 830.840.

 

C)        Failure to observe the pesticide storage practices of Section 830.850.

 

D)        Failure to establish and maintain insurance in accordance with Section 9 of the Act and Sections 830.250 and 830.260 and excluding subsection (b)(5)(A).

 

E)        Failure to establish and maintain records of pesticide applications in accordance with Section 830.820.

 

F)         Failure of a licensee or registrant to provide written notification to the Department concerning the loss of the licensee's or registrant's only certified structural pest control technician and subsequent shutdown in accordance with Section 8 of the Act and Section 830.240(b).

 

G)        Failure of a certified structural pest control technician to provide written notification to the Department in accordance with Section 830.240(a).

 

H)        Failure to renew a license or registration in accordance with Section 4(e) of the Act and Section 830.180.

 

I)         Failure to renew a structural pest control technician certification in accordance with Section 6 of the Act and Section 830.200.

 

J)         Failure to notify the Department of a change in business ownership in accordance with Section 830.190.

 

K)        Failure to perform the notification and license replacement procedures in accordance with Section 4(d) of the Act when there is a change in business location.

 

L)        Failure to display or provide a current license, registration and certification in accordance with Section 830.310.

 

M)       Failure to observe the groundwater protection requirements in accordance with Subpart I.

 

N)        Failure to follow and observe the integrated pest management requirements of Section 10.2 of the Act.

 

O)        Failure to provide copies of applicable service records to a property's owner, manager or tenant as specified in Section 830.820(f).

 

c)         Any penalty not paid within 60 days after notice from the Department will be submitted to the Attorney General's Office for collection.  Failure to pay a penalty shall also be grounds for suspension or revocation of a license, permit, registration or certification.

 

(Source:  Amended at 39 Ill. Reg. 11821, effective August 7, 2015)

SUBPART G: SAFE PESTICIDE STORAGE AND HANDLING

 

Section 830.800  General Safety Precautions

 

a)         No person shall mix pesticides in any container using water from any water supply which is not adequately protected against backsiphonage by a minimum air gap of 2 inches between the water discharge outlet and the flood rim of the container.  When the pesticide application equipment is manufactured to draw water through a direct connection with the water supply, a backflow preventer or vacuum breaker device approved by the Illinois Plumbing Code shall be installed between the water supply and the pesticide application equipment.

 

b)         No person shall mix or operate equipment for the application of pesticides, including such auxiliary equipment as hoses and metering devices, in such condition or in such manner as to create a hazard from leaking, spilling, dripping, backflow, vapors or drift.

 

c)         No person shall loan, rent, or permit the use of pesticide application equipment which is faulty in any fashion as described in Section 830.800(b) above or which has not been cleaned in a manner to prevent the misuse of a pesticide as described in Section 830.810 of this Part.

 

d)         Each licensee or registrant shall advise all service technicians within their employ of the hazards associated with the handling of pesticides, as well as the special hazards involved with those pesticides with which a technician might come into contact, and shall instruct those technicians in the appropriate precautions in order to avoid those hazards.

 

e)         Any necessary safety equipment as set forth in the pesticide labeling and this Part shall be provided by each licensee or registrant.

 

f)         No person shall apply any pesticide formulation as a liquid, aerosol, fog, mist, dust or powder in any area where food is exposed, except for the application of an appropriately labeled liquid or aerosol pesticide applied as a crack and crevice treatment through a small hollow injection tube placed directly into the target site below the level of the exposed food or food contact surface, unless the pesticide label contains more restrictive directions.  In all other applications of the above pesticide formulations in food areas, the following conditions must be met.

 

1)         Prior to treatment, all exposed food and food contact surfaces shall be effectively protected against pesticide contamination.

 

2)         People without appropriate respiratory protection shall not be allowed in the same room where the application of an aerosol, mist, fog, dust or powder has been sprayed into the air until the room has been ventilated according to label directions or, in their absence, manufacturer's recommendations.

 

3)         Any additional safety precautions or directions as detailed on the pesticide label or labeling must be accomplished prior to treatment.

 

g)         No person shall apply any liquid, aerosol, mist, fog, dust or powder pesticide formulation to patient areas or rooms of health care facilities (i.e., nursing homes, mental health facilities, hospitals, etc.) while patients are present in the areas or rooms.  At the end of the pesticide application, the pest control technician shall post a legibly completed sign at all entrances to the treated room or area which shall warn unauthorized individuals to remain out of the treated area for the specified amount of time as determined by reviewing the pesticide label directions or, in their absence, by consulting the pesticide manufacturer.  The sign shall contain black letters on a yellow background and be the same size, or larger, and contain the same information in the same proportion as that found in ILLUSTRATION A.  In addition, the pest control technician shall give a copy of the following materials to the person responsible for patient care in the treated areas:

 

1)         A copy of the information contained on the signs;

 

2)         A copy of the label for each pesticide used;

 

3)         A Material Safety Data Sheet for each pesticide used;

 

4)         Manufacturer's recommendations for re-entry times and procedures when not addressed on the pesticide label.

            At the end of the treatment period, the pest control technician shall make certain by onsite inspection that the ventilation procedures have been initiated in the treated room or area in accordance with label directions or, in their absence, manufacturer's recommendations for the pesticides used in the room or area.  In the event that ventilation times are not stated on the pesticide label and not provided by the manufacturer, the ventilation period shall last for a minimum of 2 hours.

 

(Source:  Added at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.810  Misuse of Pesticides

 

No person shall use or supervise the use of any registered pesticide in a manner inconsistent with its labeling approved by the U.S. Environmental Protection Agency or Illinois registration for that pesticide.

 

Section 830.820  Records

 

a)         Each commercial structural pest control business location shall keep records of all pesticide applications for a minimum period of two years. On-the-job training records, in accordance with Section 830.270, shall be kept for as long as the employee is employed or until the employee becomes certified.

 

b)         Each non-commercial structural pest control business location shall keep records of all restricted pesticide applications at the location for a minimum period of two years. On-the-job training records, in accordance with Section 830.270, shall be kept for as long as the employee is employed or until the employee becomes certified.

 

c)         The certified structural pest control technician responsible for using pesticides, or overseeing the use of pesticides by non-certified personnel, shall provide documentation (i.e., name, certification number and dates of service) of review of all pesticide records for services performed by uncertified technicians to determine compliance with this Section.

 

d)         Records of restricted pesticide usage shall be kept separate from those pertaining to general pesticide usage, and both shall include the following:

 

1)         Name and address of customer or site of application;

 

2)         Name of technician applying the pesticide;

 

3)         Date and time of the application;

 

4)         Target pest or purpose for the application;

 

5)         Pesticide use recorded in the following manner:

 

A)        Brand or common name;

 

B)        USEPA Registration Number;

 

C)        Percentage of active ingredient in the finished product; and

 

D)        Estimates accurate to within 10 percent of the amount of each finished product used;

 

6)         For termite control treatments, a diagram showing foundation types and accurate dimensions of all portions of the structures being treated.

 

e)         All records except those for the week prior to the inspection shall be kept at the business location and be available for inspection by the Department in accordance with the Act, this Part and the Electronic Commerce Security Act.

 

f)         Structural pest control businesses shall provide copies of service records upon request of a serviced property's current owner, manager or tenant.

 

(Source:  Amended at 39 Ill. Reg. 11821, effective August 7, 2015)

 

Section 830.830  Pesticide Storage Area

 

All pesticides utilized by commercial/non-commercial pest control locations shall be stored in an area which will hold normal stocks in an orderly fashion.  Said pesticide storage area shall house all pesticides, except those offered for retail sale to the public or transported or temporarily stored in service vehicles, and be:

 

a)         Dry, cool, and constructed so as to protect pesticides from direct sunlight exposure or adverse temperature extremes.  The temperature in the pesticide storage area shall be controlled according to the pesticide manufacturer's recommendations or label directions.

 

b)         Located in an area not accessible to unauthorized individuals.

 

c)         Equipped with a door which is locked when unattended.  The door or entrance to the storage area shall have a sign which warns individuals that pesticides are stored inside.  Only those individuals with training in pesticide use and handling shall be allowed access to the storage area.

 

d)         Ventilated to the outside so as to prevent the build-up of chemical odors, gases or vapors in the storage area, as well as any structure housing the storage area.  Ventilation accomplished through mechanical means shall be operated in such a manner so as to prevent the discharged air or vaporized fumes from being introduced into an area frequented by the public.

 

e)         Equipped with lighting to allow pesticide labels to be clearly read.

 

f)         Equipped with an operational fire extinguisher which is appropriate for the pesticides store therein.

 

g)         Equipped with washing facilities in the room, or nearby, which include soap or detergent, water, and disposable towels.

 

h)         Equipped with absorbent material such as absorptive clay, or similar material, capable of absorbing small spills and leaks.

 

i)          Any safety equipment required by labeling or this Part shall be available to workers for use in this area.  Such equipment shall not be stored within the storage area.

 

j)          Equipped with emergency medical information including telephone numbers for poison control centers.

 

k)         Equipped with a label file for those pesticides store therein.

 

(Source:  Added at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.840  Service Vehicles

 

Service vehicles used to transport and/or temporarily store pesticides shall be:

 

a)         Locked at all times while unattended or not in a locked garage.  No pesticide product shall be left in an accessible manner in an unattended vehicle.

 

b)         Equipped with a restraining device to prevent pesticide containers from becoming damaged while in transit.

 

c)         Equipped with absorbent material such as absorptive clay, or similar material, capable of absorbing small spills and leaks.

 

d)         Equipped with protective clothing and equipment appropriate for the pesticides stored or transported in the vehicle.

 

e)         Equipped with a basic first aid kit which shall include information regarding practical treatment for pesticide poisonings and emergency medical information including telephone numbers for poison control centers.

 

f)         Equipped with a pesticide label for each pesticide transported or temporarily stored in the service vehicle.

 

g)         Equipped with a complete change of clothing (including shoes) for use in the event that the pesticide applicator's garments are accidentally contaminated while using a pesticide.  Clothing shall be stored in the vehicle so as to prevent pesticide contamination.

 

(Source:  Added at 13 Ill. Reg. 2090, effective February 3, 1989)

 

Section 830.850  Pesticide Storage Practices

 

All pesticides utilized by the owners, operators, or employees of commercial or non-commercial pest control business locations shall be stored according to labeling instructions.  The following practices are intended to supplement labeling instructions.  Where there is a discrepancy between labeling instructions and the following practices, the more stringent instructions shall prevail.

 

a)         Except as noted below in subsection (b), all pesticides shall be stored in closed, original containers, free from severe corrosion (e.g., rusted so as to affect the integrity of the containers; leaking) and pesticide contamination.  The container, except 55 gallon drums, shall be stored on pallets, racks, shelves, or cabinets with the label plainly visible.  Lost or damaged labels shall be replaced with an approved sample label obtained from the pesticide manufacturer or distributor, and fastened to the container.  Damaged containers other than fumigants shall be replaced with identically labeled containers or, if not available, a properly labeled service container for temporary storage or transport.

 

b)         Service containers shall only be utilized to temporarily store or transport a pesticide concentrate or registered ready-to-use product providing the following conditions are met:

 

1)         The service container shall bear a legible label which includes the following information:

 

A)        the name, address and telephone number of the commercial or non-commercial location using the product;

 

B)        the product name and USEPA registration number;

 

C)        the name and percentage of active ingredients;

 

D)        the signal word for the registered label;

 

E)        mixing instructions as well as the working dilution (if applicable);

 

F)         the phrase "KEEP OUT OF REACH OF CHILDREN"; and

 

G)        a Statement of Practical Treatment; or

 

2)         A copy of the current USEPA approved label for the registered pesticide attached to the service container along with the information presented in Section 830.850(b)(1)(A).

 

3)         A service container shall be closed when not in use, clean so as to prevent the misuse of a pesticide as described in Section 830.810 of this Part, and non-leaking.

 

c)         Pesticides used for structural pest control shall be segregated from all other pesticides.

 

d)         Fumigants shall not be stored within any human dwelling or attached structure.

 

e)         Restricted use pesticides shall be stored in the locked storage area segregated from all other pesticides.  The area shall be identified by a placard stating "RESTRICTED USE PESTICIDES – Authorized Use Only" in black letters on a yellow background.  The sign shall be the same size, or larger, and contain the same information in the same proportion as that found in Illustration B.

 

f)         Non-restricted pesticides with a signal word "DANGER" on the label shall be kept segregated from other pesticides.

 

g)         Pesticides which cannot be used because of suspension by USEPA or regulatory action by the Illinois Department of Agriculture and/or this Department shall be marked as such and segregated from other stocks so that they are not used.

 

h)         No pesticide shall be stored in any food or beverage container or in the same room, or passenger area of a service vehicle, where food, eating utensils, beverages, tobacco products or household goods are stored.

 

(Source:  Amended at 21 Ill. Reg. 15010, effective November 10, 1997)

 

Section 830.860  Orders to Stop Sale, Stop Use, Seize or Regulate Removal

 

a)         The Department shall issue a written order to stop the sale or use or to regulate the removal of any pesticide or device used in structural pest control which is sold, distributed, stored or used in violation of any provision of the Act and this Part, as well as the Illinois Pesticide Act and the rules pertaining to Pesticide Control, and FIFRA.  The Department shall also have the authority to issue a written order to seize any pesticide used, sold, stored or distributed for structural pest control when continued use, sale, storage or distribution poses a threat to the health and safety of the residents of this State.

 

b)         Said order shall be issued to the person in charge of any such pesticide or device.  If the person in charge is not available for service of the order, the order will be attached to the pesticide or device.

 

c)         Any individual who receives an order issued by the Department pursuant to this Section may submit a letter to the Department proposing an alternative action for the disposal or storage of any pesticide or device. Any pesticide or device affected by the order shall not be offered for sale, distribution or use until the conditions specified in the order have been met or amended and the order lifted by the Department, the Illinois Department of Agriculture or USEPA.

 

(Source:  Amended at 21 Ill. Reg. 15010, effective November 10, 1997)

 

Section 830.870  Hazardous Incident Notification and Abatement

 

a)         Any licensee, registrant or certified technician shall notify the Department within one (1) business day of becoming aware of any of the following incidents allegedly caused by the use of pesticides under their control.

 

1)         Illness or death of humans, pets, or non-target wildlife.

 

2)         Food or water contamination.

 

3)         Any health threatening contamination of a structure or the environment.

 

b)         The licensee, registrant or certified technician shall take whatever steps are necessary (e.g. removing contaminated articles from the treatment site, cleaning up a spill according to label directions or manufacturer's recommendations, ventilating an area to eliminate odors from the application area, etc.) in order to abate any imminent health threat resulting from the use of pesticides under their control.

 

(Source:  Added at 13 Ill. Reg. 2090, effective February 3, 1989)

SUBPART H: BIRD CONTROL REQUIREMENTS

 

Section 830.880  Avicide Permit Requirements (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 8303, effective June 25, 2001)

 

Section 830.885  Denial or Revocation of Avicide Permits (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 8303, effective June 25, 2001)

 

Section 830.890  Bird Control Monitoring and Reporting Requirements (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 8303, effective June 25, 2001)

 

Section 830.900  Bird Control Training Requirements (Repealed)

 

(Source:  Repealed at 25 Ill. Reg. 8303, effective June 25, 2001)

SUBPART I: GROUNDWATER PROTECTION

 

Section 830.1000  Scope and Applicability

 

a)         This Subpart shall apply to commercial structural pest control business locations that have pesticide storage units located as specified in subsection (a)(1), (2) or (3) and have certified their intent in writing to the Department to be subject to Section 14.6 of the Environmental Protection Act for regulation by the Department in accordance with this Part:

 

1)         A storage unit located within a potable water supply well setback zone;

 

2)         An existing storage unit located within a community water supply well regulated recharge area not to exceed 2,500 feet from the wellhead; or

 

3)         A new storage unit located within a community water supply well regulated recharge area, unless prohibited by the Illinois Pollution Control Board.

 

b)         Certification for businesses that have pesticide storage units located as described in subsection (a)(1), (2) or (3) shall be submitted to the Department within 90 days after the effective date of an ordinance or regulation establishing a maximum setback zone or regulated recharge area, pursuant to Section 14.3 or 17.3 of the Environmental Protection Act.

 

c)         Commercial structural pest control business locations that have storage units located as specified in subsection (a)(1), (2) or (3) but have not certified their intent in writing to the Department to be subject to Section 14.6 of the Environmental Protection Act shall be subject to Sections 14.4 and 14.5 of the Environmental Protection Act and Illinois Pollution Control Board rules at 35 Ill. Adm. Code 615, 616 and 670 (Existing Activities in a Setback Zone or Regulated Recharge Area, New Activities in a Setback Zone or Regulated Recharge Area, or Minimal Hazard Certification) (administered by the Illinois Environmental Protection Agency), or Illinois Department of Agriculture rules at 8 Ill. Adm. Code 257 (Cooperative Groundwater Protection Program).

 

(Source:  Amended at 39 Ill. Reg. 11821, effective August 7, 2015)

 

Section 830.1100  Protection of Potable Water Supplies

 

a)         In accordance with Section 14.2(d) of the Environmental Protection Act, the storage of pesticides for commercial structural pest control is prohibited within 400 feet of an existing or permitted potable water well which is classified as a community water system deriving water from an unconfined shallow fractured or highly permeable bedrock formation or from an unconsolidated and unconfined sand and gravel formation, or, in all other instances, within 200 feet of any other existing or permitted potable water supply well unless:

 

1)         the owner of the storage unit has obtained a waiver from the owner of each affected potable water supply well and concurrence from the Illinois Environmental Protection Agency in accordance with Section 14.2(b) of the Environmental Protection Act;

 

2)         the owner of the pesticide storage unit is also the owner of the affected potable private water supply well and has notified the Illinois Environmental Protection Agency in accordance with Section 14.2(b) of the Environmental Protection Act, in which case the prohibited distance is 75 feet;

 

3)         the owner has obtained an exception from the Illinois Pollution Control Board in accordance with Section 14.2(c) of the Environmental Protection Act;

 

4)         the owner establishes minimal hazard certification eligibility with the Illinois Environmental Protection Agency in accordance with Sections 14.2(d) and 14.5 of the Environmental Protection Act for proposing to locate a storage unit outside of the 200 feet, but within the 400 feet, setback zone of a community water supply well; or

 

5)         the storage unit located within the well setback zone was in existence prior to July 1, 1988.

 

b)         Owners of commercial structural pest control locations which store pesticides for commercial application purposes in storage units which meet the allowable criteria for storage within the minimum setback zones as identified in subsection (a) of this Section and as specified in Section 830.1000(a) shall store pesticides in accordance with the requirements of Subpart G of this Part and the following:

 

1)         Prior to storing pesticides in accordance with this subsection (b), the owner shall provide the Department with a copy of any waiver, exception, notification response and/or eligibility obtained from all affected well owners, the Illinois Environmental Protection Agency and/or the Illinois Pollution Control Board, which authorizes storage within the minimum setback zones.

 

2)         No more than 300 gallons of pesticides (liquid concentrates and diluted materials) shall be stored at a structural pest control location at any given time.

 

3)         Secondary containment of all liquid pesticides shall be provided as follows:

 

A)        The containment structure shall have a minimum containment volume of 125% of the capacity of the largest container;

 

B)        The containment structure shall be constructed of an impervious material such as sealed concrete, steel or synthetic materials or shall contain a liner made from an impervious material.  A minimum four-inch curb or other flow diverting structure or system shall be utilized to prevent spilled materials from leaving the containment structure.  There shall be no discharge outlets, drains or other penetrations through the floor or walls of the containment structure;

 

C)        All containment materials shall be compatible with the products being stored and shall be capable of being decontaminated.  Spills must be removed from the containment area in a timely manner to prevent harm to human health, the environment and the migration of the materials from the containment area.

 

4)         The owner shall ensure that monthly inspections of all pesticide containers and secondary containment structures are conducted.  Any cracks, leaks or deterioration in the containment structure or pesticide containers shall be immediately repaired or replaced with compatible materials.  A written record of all inspections and maintenance performed under this subsection (b)(4) shall be kept in the storage unit.  Records shall be available for inspection upon Department request.

 

5)         The owner shall ensure proper management of all pesticide containers:

 

A)        Containers shall not be opened, handled or stored in a manner which may cause the container to be ruptured or to leak.

 

B)        Containers shall not be stacked higher than seven feet off the floor.

 

C)        Drip and catch pans filled with absorbent material shall be provided under all pumps and valves connected to any pesticide container and shall be replaced whenever they lose their absorbent capacity.

 

D)        Empty containers shall be disposed of or utilized in a manner that is in compliance with State and federal laws and regulations.

 

6)         At the time of closure or discontinuance of operation, all pesticide products and empty containers shall be removed from the storage area and disposed of or utilized in a manner that is in compliance with State and federal laws and regulations.  In addition, all contaminated containment components, soils, structures and equipment shall be decontaminated or removed and disposed of in a manner that is in compliance with State and federal laws and regulations. Within 60 days after the completion of the closure activities, the owner shall provide written notification to the Department that all of the prescribed requirements of this subsection (b)(6) have been met.

 

(Source:  Added at 21 Ill. Reg. 15010, effective November 10, 1997)

SUBPART J: INTEGRATED PEST MANAGEMENT COURSE REQUIREMENTS

 

Section 830.2000  Application

 

a)         An educational institution or any other entity that has established or proposes to establish an integrated pest management course to satisfy the requirements of Section 10.2 of the Act shall submit its program to the Department for review and approval.

 

b)         The request shall be submitted to the Department at least 45 days prior to the beginning of the course and shall include:  

 

1)         Information on the course sponsor, including name, address, telephone number, e-mail address (if available), and contact person;

 

2)         A complete outline and description of the subject material, including, but not limited to, proposed lesson plans, course textbook, handouts, worksheets, and laboratory exercises;

 

3)         Proposed dates and locations where the integrated pest management course is to be offered;

 

4)         Total classroom hours required to complete the course.  Integrated pest management courses shall be a minimum of six classroom contact hours, excluding breaks; 

 

5)         Background information and qualifications of instructors and speakers;

 

6)         Pre- and post-class knowledge evaluation sheet;

 

7)         Course evaluation form; and

 

8)         Course certificate of completion.

 

c)         The Department will issue a course approval number for each approved  integrated pest management course.

 

(Source:  Added at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.2100  Instructors

 

An instructor in an approved integrated pest management course shall have a high school diploma or General Educational Development (GED) certificate and shall have minimum experience or education prior to the course, consisting of one or more of the following:

 

a)         Be an Illinois certified structural pest control technician or a pest control specialist in a related field; or

 

b)         Have one year of practical experience as an integrated pest management coordinator with written verification from an employer; or

 

c)         Have an Associate's Degree or higher degree with at least 15 semester hours or the equivalent in the fields of biological science, entomology, zoology, or related fields from a recognized college or university, as verified by that educational institution.

 

(Source:  Added at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.2200  Integrated Pest Management Course Content

 

a)         Integrated pest management (IPM) courses shall cover, at a minimum, the following topics:

 

1)         Definition of integrated pest management in accordance with Section 3.25 of the Act;

 

2)         Development of an integrated pest management plan;

 

3)         Development of an official integrated pest management policy statement;

 

4)         Designating pest management roles;

 

5)         Setting pest management objectives;

 

6)         Inspecting, identifying, and monitoring for pests using, at a minimum, the following basic investigative techniques:

 

A)        Common locations to look for specific pests;

 

B)        Determining the evidence of pests;

 

C)        Trap placement, inspection, and trap record keeping;

 

D)        Basic pest identification; and

 

E)        Communication of findings to staff and pest control operator;

 

7)         Setting action thresholds and determining response times;

 

8)         Applying integrated pest management strategies;

 

9)         Evaluating results and record keeping;

 

10)         Selection of a proper pest control contractor for IPM;

 

11)         Safety issues, including the proper storage of pesticides, notification of application requirements, and label information; and

 

12)         Overview of the requirements of the Act and this Part pertaining to integrated pest management in public schools and licensed day care centers.

 

b)         The Department has published a guide on integrated pest management that shall be used in the development of an integrated pest management course.  The guide can be found on the Department's web page at:  http://www.idph.state.il. us/envhealth/ipm/index.htm.

 

c)         The sponsor is responsible for establishing a system such as a sign in/out roster that verifies that participants have attended the training program throughout its stated length. 

 

d)         Courses shall incorporate audio-visual aids, handouts or demonstrations to help assure audience attentiveness and comprehension.  In addition, a written evaluation form, provided by the sponsor, shall be included for completion by all participants.  The course sponsor shall use the evaluation form to improve course content and presentation.   

 

e)         The course sponsor shall be responsible for notifying all interested participants of the course date, time, and location.

 

f)         All course material and evaluations, as outlined in this Section, and the list of participants, as outlined in Section 830.2400, shall be kept for a minimum of five years and shall be available to the Department upon request.  Electronic copies of these materials will be acceptable.

 

g)         The sponsor shall, upon request, allow reasonable access by the Department to all of the records.

 

h)         If a training provider ceases to conduct training, the training provider shall notify the Department and provide the Department the opportunity to take possession of that provider's integrated pest management training records.

 

(Source:  Added at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.2300  Integrated Pest Management Course Evaluation 

 

All approved integrated pest management courses are subject to periodic Department evaluation to determine the level of the ongoing effectiveness of the training course.

 

(Source:  Added at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.2400  Record of Completion

 

a)         Each educational institution or other entity whose integrated pest management course has been approved by the Department shall issue a letter or certificate of completion to each enrollee or participant who successfully completes the course.  The letter or certificate shall include the following:

 

1)         Information pertaining to the course (i.e., title, dates and locations of course, sponsoring agency, and the course number issued by the Department);

 

2)         Participant's name;

 

3)         Participant's place of employment;

 

4)         Instructor's name and signature; and

 

5)         Five-year expiration date.

 

b)         Within 30 days after the conclusion of each course, the educational institution or other entity shall electronically submit to the Department via e-mail a typed list of those individuals who have satisfactorily completed the course.  The list shall include the following:

 

1)         Information pertaining to the course (i.e., title, dates and locations of course, sponsoring agency, and the course number issued by the Department);

 

2)         Participants' names; and

 

3)         Participants' employer information, including  name, address, and the day care center license number or public school district's nine-digit number issued by the State Board of Education.

 

(Source:  Added at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.2500  Alternative Methods of Training

 

Alternative methods of training, such as interactive computer programming, interactive video, or distance learning, may not be used as a means to successfully complete an integrated pest management course.

 

(Source:  Added at 37 Ill. Reg. 3288, effective March 1, 2013)

 

Section 830.TABLE A  SCHEDULE OF ADMINISTRATIVE CIVIL FINES

 

SCHEDULE I Type A Violations
No Harm				Documented Harm
				Excluding Humans	Including Humans
1.	Initial Violation		No Fine	$100 – $1,000	$700 – $1,800
2.	Second Violation		$0 – $350	$700 – $1,800	$1,800 – $3,500
3.	Each Additional		$350 – $700	$1,800 – $3,500	$3,500 – $7,500
Violation
SCHEDULE II Type B Violations
1.		Initial Violation		$0 – $1,000
2.		Second Violation		$1,000 – $1,500
3.		Each Additional Violation		$1,500 – $2,000
SCHEDULE III Type C Violations
1.		Initial Violation		No Fine
2.		Second Violation		$0 – $150
3.		Each Additional Violation		$150 – $350

 

(Source:  Added at 18 Ill. Reg. 14404, effective September 15, 1994)