Illinois General Assembly - Full Text of HB4711
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Full Text of HB4711  102nd General Assembly

HB4711 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4711

 

Introduced 1/27/2022, by Rep. Dagmara Avelar

 

SYNOPSIS AS INTRODUCED:
 
415 ILCS 60/24.1  from Ch. 5, par. 824.1

    Amends the Illinois Pesticide Act. Provides that for any person applying a pesticide that results in exposure to the pesticide by a human, the penalty shall be $2,500. Provides that an additional penalty of $1,000 shall be assessed for each individual human exposed to the pesticide. Effective immediately.


LRB102 24555 CPF 33789 b

 

 

A BILL FOR

 

HB4711LRB102 24555 CPF 33789 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pesticide Act is amended by
5changing Section 24.1 as follows:
 
6    (415 ILCS 60/24.1)  (from Ch. 5, par. 824.1)
7    Sec. 24.1. Administrative actions and penalties.
8    (1) The Director is authorized after an opportunity for an
9administrative hearing to suspend, revoke, or modify any
10license, permit, special order, registration, or certification
11issued under this Act. This action may be taken in addition to
12or in lieu of monetary penalties assessed as set forth in this
13Section. When it is in the interest of the people of the State
14of Illinois, the Director may, upon good and sufficient
15evidence, suspend the registration, license, or permit until a
16hearing has been held. In such cases, the Director shall issue
17an order in writing setting forth the reasons for the
18suspension. Such order shall be served personally on the
19person or by registered or certified mail sent to the person's
20business address as shown in the latest notification to the
21Department. When such an order has been issued by the
22Director, the person may request an immediate hearing.
23    (2) Before initiating hearing proceedings, the Director

 

 

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1may issue an advisory letter to a violator of this Act or its
2rules and regulations when the violation points total 6 or
3less, as determined by the Department by the Use and Violation
4Criteria established in this Section. When the Department
5determines that the violation points total more than 6 but not
6more than 13, the Director shall issue a warning letter to the
7violator.
8    (3) The hearing officer upon determination of a violation
9or violations shall assess one or more of the following
10penalties:
11        (A) For any person applying pesticides without a
12    license or misrepresenting certification or failing to
13    comply with conditions of an agrichemical facility permit
14    or failing to comply with the conditions of a written
15    authorization for land application of agrichemical
16    contaminated soils or groundwater, a penalty of $500 shall
17    be assessed for the first offense and $1,000 for the
18    second and subsequent offenses.
19        (B) For violations of a stop use order imposed by the
20    Director, the penalty shall be $2500.
21        (C) For violations of a stop sale order imposed by the
22    Director, the penalty shall be $1500 for each individual
23    item of the product found in violation of the order.
24        (D) For selling restricted use pesticides to a
25    non-certified applicator the penalty shall be $1000.
26        (E) For selling restricted use pesticides without a

 

 

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1    dealer's license the penalty shall be $1,000.
2        (F) For constructing or operating without an
3    agrichemical facility permit after receiving written
4    notification, the penalty shall be $500 for the first
5    offense and $1,000 for the second and subsequent offenses.
6        (F-5) For any person applying a pesticide that results
7    in exposure to the pesticide by a human, the penalty shall
8    be $2,500. An additional penalty of $1,000 shall be
9    assessed for each individual human exposed to the
10    pesticide.
11        (G) For violations of the Act and rules and
12    regulations, administrative penalties will be based upon
13    the total violation points as determined by the Use and
14    Violation Criteria as set forth in paragraph (4) of this
15    Section. The monetary penalties shall be as follows:
16Total Violation PointsMonetary Penalties
1714-16$750
1817-19 $1000
1920-21 $2500
2022-25 $5000
2126-29 $7500
2230 and above$10,000
23    (4) The following Use and Violation Criteria establishes
24the point value which shall be compiled to determine the total
25violation points and administrative actions or monetary
26penalties to be imposed as set forth in paragraph (3)(G) of

 

 

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1this Section:
2        (A) Point values shall be assessed upon the harm or
3    loss incurred.
4            (1) A point value of 1 shall be assessed for the
5        following:
6                (a) Exposure to a pesticide by plants, animals
7            or humans with no symptoms or damage noted.
8                (b) Fraudulent sales practices or
9            representations with no apparent monetary losses
10            involved.
11            (2) A point value of 2 shall be assessed for the
12        following:
13                (a) Exposure to a pesticide which resulted in:
14                    (1) Plants or property showing signs of
15                damage including but not limited to leaf curl,
16                burning, wilting, spotting, discoloration, or
17                dying.
18                    (2) Garden produce or an agricultural crop
19                not being harvested on schedule.
20                    (3) Fraudulent sales practices or
21                representations resulting in losses under
22                $500.
23            (3) A point value of 4 shall be assessed for the
24        following:
25                (a) Exposure to a pesticide resulting in a
26            human experiencing headaches, nausea, eye

 

 

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1            irritation and such other symptoms which persisted
2            less than 3 days.
3                (b) Plant or property damage resulting in a
4            loss below $1000.
5                (c) Animals exhibiting symptoms of pesticide
6            poisoning including but not limited to eye or skin
7            irritations or lack of coordination.
8                (d) Death to less than 5 animals.
9                (e) Fraudulent sales practices or
10            representations resulting in losses from $500 to
11            $2000.
12            (4) A point value of 6 shall be assessed for the
13        following:
14                (a) Exposure to a pesticide resulting in a
15            human experiencing headaches, nausea, eye
16            irritation and such other symptoms which persisted
17            3 or more days.
18                (b) Plant or property damage resulting in a
19            loss of $1000 or more.
20                (c) Death to 5 or more animals.
21                (d) Fraudulent sales practices or
22            representations resulting in losses over $2000.
23        (B) Point values shall be assessed based upon the
24    signal word on the label of the chemical involved:
   
25Point ValueSignal Word
26 1  Caution

 

 

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1 2  Warning
2 4  Danger/Poison
3        (C) Point values shall be assessed based upon the
4    degree of responsibility.
5Point ValueDegree of Responsibility
62Accidental (such as equipment malfunction)
74Negligence
810Knowingly
9        (D) Point values shall be assessed based upon the
10    violator's history for the previous 3 years:
11Point ValueRecord
122Advisory letter
133Warning letter
145
15
16
17Previous criminal conviction of this Act or administrative violation resulting in a monetary penalty
187
19Certification, license or registration currently suspended or revoked
20        (E) Point values shall be assessed based upon the
21    violation type:
22            (1) Application Oriented:
23Point ValueViolation
241Inadequate records

 

 

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12Lack of supervision
22Faulty equipment
3            Use contrary to label directions:
42a. resulting in exposure to applicator or operator
53
6b. resulting in exposure to other persons or the environment
73
8c. precautionary statements, sites, rates, restricted use requirements
93Water contamination
103Storage or disposal contrary to label directions
113Pesticide drift
124Direct application to a non-target site
136Falsification of records
146
15Failure to secure a permit or violation of permit or special order
16            (2) Product Oriented:
17Point ValueViolation
186Pesticide not registered
194Product label claims differ from approved label

 

 

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14
2Product composition (active ingredients differs from that of approved label)
34Product not colored as required
44
5
6Misbranding as set forth in Section 5 of the Act (4 points will be assessed for each count)
7        (5) Any penalty not paid within 60 days of notice from
8    the Department shall be submitted to the Attorney
9    General's Office for collection. Failure to pay a penalty
10    shall also be grounds for suspension or revocation of
11    permits, licenses and registrations.
12        (6) Private applicators, except those private
13    applicators who have been found by the Department to have
14    committed a "use inconsistent with the label" as defined
15    in subsection 40 of Section 4 of this Act, are exempt from
16    the Use and Violation Criteria point values.
17(Source: P.A. 102-558, eff. 8-20-21.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.