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| 1 | AN ACT concerning safety. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 1. Short title. This Act may be cited as the the | ||||||
| 5 | Pesticide Application on Rights-of-Way Notification Act. | ||||||
| 6 | Section 5. Definitions. In this Act: | ||||||
| 7 | "Department" means the Department of Agriculture. | ||||||
| 8 | "Pesticide" has the meaning given in the Illinois | ||||||
| 9 | Pesticide Act. | ||||||
| 10 | "Unit of local government" means a unit of local | ||||||
| 11 | government, as defined in Article VII, Section 1 of the | ||||||
| 12 | Illinois Constitution, except a park district, forest preserve | ||||||
| 13 | district, or conservation district. | ||||||
| 14 | Section 10. Prior notification requirements for | ||||||
| 15 | application of pesticides on rights-of-way. | ||||||
| 16 | (a) At least 24 hours before the State or a unit of local | ||||||
| 17 | government, including a mosquito abatement district or a | ||||||
| 18 | commercial entity hired by the State or a unit of local | ||||||
| 19 | government, applies a pesticide, including a pesticide | ||||||
| 20 | intended to control mosquitoes, to a public right-of-way that | ||||||
| 21 | is located within the corporate boundaries of a municipality, | ||||||
| 22 | the State, mosquito abatement district, or other unit of local | ||||||
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| 1 | government in which the application is to be made shall | ||||||
| 2 | provide written notice to the public of the application of the | ||||||
| 3 | pesticide. At a minimum, the following information shall be | ||||||
| 4 | provided in the written notice required under this subsection | ||||||
| 5 | (a): | ||||||
| 6 | (1) the intended location, date range, and range of | ||||||
| 7 | times during the day that the material may be applied; | ||||||
| 8 | (2) the brand name, common name, and scientific name | ||||||
| 9 | of each product that may be applied; | ||||||
| 10 | (3) the type of pesticide contained in any product | ||||||
| 11 | that may be applied; | ||||||
| 12 | (4) the reason for use of each product that may be | ||||||
| 13 | applied; | ||||||
| 14 | (5) the range of concentrations of end-use product | ||||||
| 15 | that will be applied; | ||||||
| 16 | (6) any special instructions appearing on the label of | ||||||
| 17 | the product applicable to an individual's use of the | ||||||
| 18 | public right-of-way following an application; | ||||||
| 19 | (7) the State agency, mosquito abatement district, or | ||||||
| 20 | other unit of local government name and telephone number | ||||||
| 21 | of the certified applicator; and | ||||||
| 22 | (8) contact information for the Department for | ||||||
| 23 | complaints of pesticide misuse, including a telephone | ||||||
| 24 | number and website information for the Department. | ||||||
| 25 | Written notification required under this subsection (a) is | ||||||
| 26 | sufficient if posted in newsletters, websites, calendars, or | ||||||
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| 1 | other correspondence currently published by the State, | ||||||
| 2 | mosquito abatement district, or other unit of local government | ||||||
| 3 | in which the application is to be made, but posting on a | ||||||
| 4 | bulletin board is not sufficient. | ||||||
| 5 | (b) The application of a solid mosquito larvicide in | ||||||
| 6 | accordance with 8 Ill. Adm. Code 250.210 is exempt from the | ||||||
| 7 | notification requirements of this Section. | ||||||
| 8 | (c) The State or a unit of local government, including a | ||||||
| 9 | mosquito abatement district, need not provide the notice | ||||||
| 10 | required by this Section if the application of the pesticide | ||||||
| 11 | is in response to (i) disease causing agents in vector | ||||||
| 12 | mosquitoes, (ii) the occurrence of mosquito-borne disease in | ||||||
| 13 | animal or human populations, or (iii) a natural disaster | ||||||
| 14 | recovery effort. | ||||||
| 15 | Section 15. Administrative rules. This Act shall be | ||||||
| 16 | administered and enforced by the Department. The Department | ||||||
| 17 | may adopt rules as necessary for the enforcement of this Act. | ||||||
| 18 | Section 20. Penalties. | ||||||
| 19 | (a) When an administrative hearing is held by the | ||||||
| 20 | Department, the hearing officer, upon determination of any | ||||||
| 21 | violation of this Act or rule or regulation, shall either | ||||||
| 22 | refer the violation to the State's Attorney in the county | ||||||
| 23 | where the alleged violation occurred for prosecution or levy | ||||||
| 24 | the following administrative monetary penalties: | ||||||
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| 1 | (1) a penalty of $250 for a first violation; | ||||||
| 2 | (2) a penalty of $500 for a second violation; and | ||||||
| 3 | (3) a penalty of $1,000 for a third or subsequent | ||||||
| 4 | violation. | ||||||
| 5 | (b) The penalty levied under subsection (a) shall be | ||||||
| 6 | collected by the Department, and all penalties collected by | ||||||
| 7 | the Department under this Act shall be deposited into the | ||||||
| 8 | Pesticide Control Fund. Any penalty not paid within 60 days of | ||||||
| 9 | notice from the Department shall be submitted to the Attorney | ||||||
| 10 | General for collection. | ||||||
| 11 | (c) Upon prosecution by a State's Attorney, a violation of | ||||||
| 12 | this Act or rules adopted under this Act shall be a petty | ||||||
| 13 | offense subject to a fine of $250 for a first offense, a fine | ||||||
| 14 | of $500 for a second offense, and a fine of $1,000 for a third | ||||||
| 15 | or subsequent offense. | ||||||