Full Text of SB2918 99th General Assembly
SB2918eng 99TH GENERAL ASSEMBLY |
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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 5. The Illinois Pesticide Act is amended by | 5 | | changing Sections 4, 9, 10, 11.1, 12, and 13 as follows:
| 6 | | (415 ILCS 60/4) (from Ch. 5, par. 804)
| 7 | | Sec. 4. Definitions. As used in this Act:
| 8 | | 1. "Director" means Director of the Illinois Department of
| 9 | | Agriculture or his authorized representative.
| 10 | | 2. "Active Ingredient" means any ingredient which will | 11 | | prevent,
destroy, repel, control or mitigate a pest or which | 12 | | will act as a plant
regulator, defoliant or desiccant.
| 13 | | 3. "Adulterated" shall apply to any pesticide if the | 14 | | strength or
purity is not within the standard of quality | 15 | | expressed on the labeling
under which it is sold, distributed | 16 | | or used, including any substance
which has been substituted | 17 | | wholly or in part for the pesticide as
specified on the | 18 | | labeling under which it is sold, distributed or used,
or if any | 19 | | valuable constituent of the pesticide has been wholly or in
| 20 | | part abstracted.
| 21 | | 4. "Agricultural Commodity" means produce of the land | 22 | | including but
not limited to plants and plant parts, livestock | 23 | | and poultry and
livestock or poultry products, seeds, sod, |
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| 1 | | shrubs and other products of
agricultural origin including the | 2 | | premises necessary to and used
directly in agricultural | 3 | | production.
Agricultural commodity also includes aquatic | 4 | | products as defined in the
Aquaculture Development Act.
| 5 | | 5. "Animal" means all vertebrate and invertebrate species | 6 | | including,
but not limited to, man and other mammals, bird, | 7 | | fish, and shellfish.
| 8 | | 6. "Beneficial Insects" means those insects which during | 9 | | their life
cycle are effective pollinators of plants, predators | 10 | | of pests or are
otherwise beneficial.
| 11 | | 7. "Certified applicator".
| 12 | | A. "Certified applicator" means any individual who is | 13 | | certified
under this Act to purchase, use, or supervise the | 14 | | use of pesticides
which are classified for restricted use.
| 15 | | B. "Private applicator" means a certified applicator | 16 | | who purchases,
uses, or supervises the use of any pesticide | 17 | | classified for restricted
use, for the purpose of producing | 18 | | any agricultural commodity on property
owned, rented, or | 19 | | otherwise controlled by him or his employer, or
applied to | 20 | | other property if done without compensation other than
| 21 | | trading of personal services between no more than 2 | 22 | | producers of
agricultural commodities.
| 23 | | C. "Licensed Commercial Applicator" means a certified | 24 | | applicator,
whether or not he is a private applicator with | 25 | | respect to some uses, who
owns or manages a business that | 26 | | is engaged in applying pesticides,
whether classified for |
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| 1 | | general or restricted use, for hire. The term
also applies | 2 | | to a certified applicator who uses or supervises the use of
| 3 | | pesticides, whether classified for general or restricted | 4 | | use, for any
purpose or on property of others excluding | 5 | | those specified by
subparagraphs 7 (B), (D), (E) of Section | 6 | | 4 of this Act.
| 7 | | D. "Commercial Not For Hire Applicator" means a | 8 | | certified applicator
who uses or supervises the use of | 9 | | pesticides classified for general or
restricted use for any | 10 | | purpose on property of an employer when such
activity is a | 11 | | requirement of the terms of employment and such
application | 12 | | of pesticides under this certification is limited to
| 13 | | property under the control of the employer only and | 14 | | includes, but is not
limited to, the use or supervision of
| 15 | | the use of pesticides in a greenhouse setting. "Commercial | 16 | | Not For Hire Applicator" also includes a certified | 17 | | applicator who uses or supervises the use of pesticides | 18 | | classified for general or restricted use as an employee of | 19 | | a state agency, municipality, or other duly constituted | 20 | | governmental agency or unit.
| 21 | | E. "Licensed Public Applicator" means a certified | 22 | | applicator who uses
or supervises the use of pesticides | 23 | | classified for general or restricted
use as an employee of | 24 | | a state agency, municipality, or other duly
constituted | 25 | | governmental agency or unit.
| 26 | | 8. "Defoliant" means any substance or combination of |
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| 1 | | substances
which cause leaves or foliage to drop from a plant | 2 | | with or without
causing abscission.
| 3 | | 9. "Desiccant" means any substance or combination of | 4 | | substances
intended for artificially accelerating the drying | 5 | | of plant tissue.
| 6 | | 10. "Device" means any instrument or contrivance, other | 7 | | than a
firearm or equipment for application of pesticides when | 8 | | sold separately
from pesticides, which is intended for | 9 | | trapping, repelling, destroying,
or mitigating any pest, other | 10 | | than bacteria, virus, or other
microorganisms on or living in | 11 | | man or other living animals.
| 12 | | 11. "Distribute" means offer or hold for sale, sell, | 13 | | barter, ship,
deliver for shipment, receive and then deliver, | 14 | | or offer to deliver
pesticides, within the State.
| 15 | | 12. "Environment" includes water, air, land, and all plants | 16 | | and
animals including man, living therein and the | 17 | | interrelationships which
exist among these.
| 18 | | 13. "Equipment" means any type of instruments and | 19 | | contrivances using
motorized, mechanical or pressure power | 20 | | which is used to apply any
pesticide, excluding pressurized | 21 | | hand-size household apparatus
containing dilute ready to apply | 22 | | pesticide or used to apply household
pesticides.
| 23 | | 14. "FIFRA" means the "Federal Insecticide Fungicide | 24 | | Rodenticide
Act", as amended.
| 25 | | 15. "Fungi" means any non-chlorophyll bearing | 26 | | thallophytes, any
non-chlorophyll bearing plant of a lower |
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| 1 | | order than mosses or
liverworts, as for example rust, smut, | 2 | | mildew, mold, yeast and bacteria,
except those on or in living | 3 | | animals including man and those on or in
processed foods, | 4 | | beverages or pharmaceuticals.
| 5 | | 16. "Household Substance" means any pesticide customarily | 6 | | produced
and distributed for use by individuals in or about the | 7 | | household.
| 8 | | 17. "Imminent Hazard" means a situation which exists when | 9 | | continued
use of a pesticide would likely result in | 10 | | unreasonable adverse effect on
the environment or will involve | 11 | | unreasonable hazard to the survival of a
species declared | 12 | | endangered by the U.S. Secretary of the Interior or to
species | 13 | | declared to be protected by the Illinois Department of Natural
| 14 | | Resources.
| 15 | | 18. "Inert Ingredient" means an ingredient which is not an | 16 | | active
ingredient.
| 17 | | 19. "Ingredient Statement" means a statement of the name | 18 | | and
percentage of each active ingredient together with the | 19 | | total percentage
of inert ingredients in a pesticide and for | 20 | | pesticides containing
arsenic in any form, the ingredient | 21 | | statement shall include percentage
of total and water soluble | 22 | | arsenic, each calculated as elemental
arsenic. In the case of | 23 | | spray adjuvants the ingredient statement need
contain only the | 24 | | names of the functioning agents and the total percent
of those | 25 | | constituents ineffective as spray adjuvants.
| 26 | | 20. "Insect" means any of the numerous small invertebrate |
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| 1 | | animals
generally having the body more or less obviously | 2 | | segmented for the most
part belonging to the class Insects, | 3 | | comprised of six-legged, usually
winged forms, as for example | 4 | | beetles, caterpillars, and flies. This
definition encompasses | 5 | | other allied classes of arthropods whose members
are wingless | 6 | | and usually have more than 6 legs as for example spiders,
| 7 | | mites, ticks, centipedes, and millipedes.
| 8 | | 21. "Label" means the written, printed or graphic matter on | 9 | | or
attached to the pesticide or device or any of its containers | 10 | | or
wrappings.
| 11 | | 22. "Labeling" means the label and all other written, | 12 | | printed or
graphic matter: (a) on the pesticide or device or | 13 | | any of its containers
or wrappings, (b) accompanying the | 14 | | pesticide or device or referring to
it in any other media used | 15 | | to disseminate information to the public,
(c) to which | 16 | | reference is made to the pesticide or device except when
| 17 | | references are made to current official publications of the U. | 18 | | S.
Environmental Protection Agency, Departments of | 19 | | Agriculture, Health,
Education and Welfare or other Federal | 20 | | Government institutions, the
state experiment station or | 21 | | colleges of agriculture or other similar
state institution | 22 | | authorized to conduct research in the field of
pesticides.
| 23 | | 23. "Land" means all land and water area including | 24 | | airspace, and all
plants, animals, structures, buildings, | 25 | | contrivances, and machinery
appurtenant thereto or situated | 26 | | thereon, fixed or mobile, including any
used for |
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| 1 | | transportation.
| 2 | | 24. "Licensed Operator" means a person employed to apply | 3 | | pesticides
to the lands of others under the direction of a | 4 | | "licensed commercial
applicator" or a "licensed public | 5 | | applicator" or a "licensed commercial
not-for-hire | 6 | | applicator".
| 7 | | 25. "Nematode" means invertebrate animals of the phylum
| 8 | | nemathelminthes and class nematoda, also referred to as nemas | 9 | | or
eelworms, which are unsegmented roundworms with elongated | 10 | | fusiform or
sac-like bodies covered with cuticle and inhabiting | 11 | | soil, water, plants
or plant parts.
| 12 | | 26. "Permit" means a written statement issued by the | 13 | | Director or his
authorized agent, authorizing certain acts of | 14 | | pesticide purchase or of
pesticide use or application on an | 15 | | interim basis prior to normal
certification, registration, or | 16 | | licensing.
| 17 | | 27. "Person" means any individual, partnership, | 18 | | association,
fiduciary, corporation, or any organized group of | 19 | | persons whether
incorporated or not.
| 20 | | 28. "Pest" means (a) any insect, rodent, nematode, fungus, | 21 | | weed, or
(b) any other form of terrestrial or aquatic plant or | 22 | | animal life or
virus, bacteria, or other microorganism, | 23 | | excluding virus, bacteria, or
other microorganism on or in | 24 | | living animals including man, which the
Director declares to be | 25 | | a pest.
| 26 | | 29. "Pesticide" means any substance or mixture of |
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| 1 | | substances
intended for preventing, destroying, repelling, or | 2 | | mitigating any pest
or any substance or mixture of substances | 3 | | intended for use as a plant
regulator, defoliant or desiccant.
| 4 | | 30. "Pesticide Dealer" means any person who distributes | 5 | | registered
pesticides to the user.
| 6 | | 31. "Plant Regulator" means any substance or mixture of | 7 | | substances
intended through physiological action to affect the | 8 | | rate of growth or
maturation or otherwise alter the behavior of | 9 | | ornamental or crop plants
or the produce thereof. This does not | 10 | | include substances which are not
intended as plant nutrient | 11 | | trace elements, nutritional chemicals, plant
or seed | 12 | | inoculants or soil conditioners or amendments.
| 13 | | 32. "Protect Health and Environment" means to guard against | 14 | | any
unreasonable adverse effects on the environment.
| 15 | | 33. "Registrant" means person who has registered any | 16 | | pesticide
pursuant to the provision of FIFRA and this Act.
| 17 | | 34. "Restricted Use Pesticide" means any pesticide with one | 18 | | or more
of its uses classified as restricted by order of the | 19 | | Administrator of
USEPA.
| 20 | | 35. "SLN Registration" means registration of a pesticide | 21 | | for use
under conditions of special local need as defined by
| 22 | | FIFRA.
| 23 | | 36. "State Restricted Pesticide Use" means any pesticide | 24 | | use which
the Director determines, subsequent to public | 25 | | hearing, that an
additional restriction for that use is needed | 26 | | to prevent unreasonable
adverse effects.
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| 1 | | 37. "Structural Pest" means any pests which attack and | 2 | | destroy
buildings and other structures or which attack | 3 | | clothing, stored food,
commodities stored at food | 4 | | manufacturing and processing facilities or
manufactured and | 5 | | processed goods.
| 6 | | 38. "Unreasonable Adverse Effects on the Environment" | 7 | | means the
unreasonable risk to the environment, including man, | 8 | | from the use of any
pesticide, when taking into account accrued | 9 | | benefits of as well as the
economic, social, and environmental | 10 | | costs of its use.
| 11 | | 39. "USEPA" means United States Environmental Protection | 12 | | Agency.
| 13 | | 40. "Use inconsistent with the label" means to use a | 14 | | pesticide in
a manner not consistent with the label | 15 | | instruction, the definition
adopted in FIFRA as interpreted by | 16 | | USEPA shall apply in Illinois.
| 17 | | 41. "Weed" means any plant growing in a place where it is | 18 | | not
wanted.
| 19 | | 42. "Wildlife" means all living things, not human, | 20 | | domestic, or
pests.
| 21 | | 43. "Bulk pesticide" means any registered pesticide which | 22 | | is
transported or held in an individual container in undivided | 23 | | quantities of
greater than 55 U.S. gallons liquid measure or | 24 | | 100 pounds net dry weight.
| 25 | | 44. "Bulk repackaging" means the transfer of a registered | 26 | | pesticide from
one bulk container (containing undivided |
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| 1 | | quantities of greater than 100
U.S. gallons liquid measure or | 2 | | 100 pounds net dry weight) to another bulk
container | 3 | | (containing undivided quantities of greater than 100 U.S. | 4 | | gallons
liquid measure or 100 pounds net dry weight) in an | 5 | | unaltered state in
preparation for sale or distribution to | 6 | | another person.
| 7 | | 45. "Business" means any individual, partnership, | 8 | | corporation or
association engaged in a business operation for | 9 | | the purpose of
selling or distributing pesticides or providing | 10 | | the service of application
of pesticides in this State.
| 11 | | 46. "Facility" means any building or structure and all real | 12 | | property
contiguous thereto, including all equipment fixed | 13 | | thereon used for the
operation of the business.
| 14 | | 47. "Chemigation" means the application of a pesticide | 15 | | through the
systems or equipment employed for the primary | 16 | | purpose of irrigation of land and
crops.
| 17 | | 48. "Use" means any activity covered by the pesticide label | 18 | | including
but not limited to application of pesticide, mixing | 19 | | and loading, storage of
pesticides or pesticide containers, | 20 | | disposal of pesticides and pesticide
containers and reentry | 21 | | into treated sites or areas.
| 22 | | (Source: P.A. 98-756, eff. 7-16-14.)
| 23 | | (415 ILCS 60/9) (from Ch. 5, par. 809)
| 24 | | Sec. 9. Licenses and pesticide dealer registrations | 25 | | requirements;
certification.
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| 1 | | (a) Licenses and pesticide dealer registrations issued | 2 | | pursuant to this Act as a result of certification attained | 3 | | in calendar year 2017 or earlier
shall be valid for the | 4 | | calendar one year in which they were issued , except
that | 5 | | private applicator licenses shall be valid for the calendar | 6 | | year in which they were issued plus 2 additional calendar 3 | 7 | | years. All licenses
and pesticide dealer registrations | 8 | | shall expire on December 31 of the year
in which it is to | 9 | | expire. A
license or pesticide dealer registration in | 10 | | effect on the 31st of December,
for which renewal has been | 11 | | made
within 60 days following the date of expiration, shall | 12 | | continue in full
force and effect until the Director | 13 | | notifies the applicant that renewal has
been approved and | 14 | | accepted or is to be denied in accordance with this Act. | 15 | | The
Director shall not issue a license or pesticide dealer | 16 | | registration to a
first time applicant or to a
person who | 17 | | has not made application for renewal on or before March 1 | 18 | | following
the expiration date of the license or pesticide | 19 | | dealer registration until
such applicant or person
has been | 20 | | certified by the Director as
having successfully | 21 | | demonstrated competence and knowledge regarding
pesticide | 22 | | use.
The Director shall issue a license or pesticide dealer | 23 | | registration to a
person that made application
after March | 24 | | 1 and before April 15 if that application is accompanied by | 25 | | a late
application fee.
A licensee or pesticide dealer | 26 | | shall be required to be recertified for
competence and |
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| 1 | | knowledge regarding pesticide use at least once every 3
| 2 | | years and at such other times as deemed necessary by the | 3 | | Director to assure
a continued level of competence and | 4 | | ability. The Director shall by
regulation specify the | 5 | | standard of qualification for certification and the
manner | 6 | | of establishing an applicant's competence and knowledge. A | 7 | | certification shall remain valid only if an applicant | 8 | | attains licensure or pesticide dealer registration during | 9 | | the calendar year in which certification was granted and | 10 | | the licensure is maintained throughout the 3-year | 11 | | certification period.
| 12 | | (b) Multi-year licenses and pesticide dealer | 13 | | registrations issued pursuant to this Act as a result of | 14 | | certification attained in calendar year 2018 or thereafter | 15 | | shall be valid for the calendar year in which they were | 16 | | issued plus 2 additional calendar years. All licenses and | 17 | | pesticide dealer registrations shall expire on December 31 | 18 | | of the year in which they are to expire. A license or | 19 | | pesticide dealer registration in effect on the 31st of | 20 | | December, for which recertification and licensure has been | 21 | | made within 60 days following the date of expiration, shall | 22 | | continue in full force and effect until the Director | 23 | | notifies the applicant that recertification and licensure | 24 | | has been approved and accepted or is to be denied in | 25 | | accordance with this Act. A licensee or pesticide dealer | 26 | | shall be required to be recertified for competence and |
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| 1 | | knowledge regarding pesticide use at least once every 3 | 2 | | years and at such other times as deemed necessary by the | 3 | | Director to assure a continued level of competence and | 4 | | ability. The Director shall by rule specify the standard of | 5 | | qualification for certification and the manner of | 6 | | establishing the applicant's competence and knowledge. A | 7 | | certification shall remain valid only if an applicant | 8 | | attains licensure or pesticide dealer registration during | 9 | | the calendar year in which certification was granted and | 10 | | the licensure is maintained throughout the 3-year | 11 | | certification period. Notwithstanding the other provisions | 12 | | of this subsection (b), the employer of a pesticide | 13 | | applicator or operator licensee may notify the Director | 14 | | that the licensee's employment has been terminated. If the | 15 | | employer submits that notification, the employer shall | 16 | | return to the Director the licensee's pesticide applicator | 17 | | or operator license card and may request that the unused | 18 | | portion of the terminated licensee's pesticide applicator | 19 | | or operator license term be transferred to a newly | 20 | | certified or re-certified individual, and the Director may | 21 | | issue the appropriate pesticide applicator or operator | 22 | | license to the newly certified or re-certified individual | 23 | | with an expiration date equal to the original license after | 24 | | payment of a $10 transfer fee. | 25 | | (c) The Director may refuse to issue a license or | 26 | | pesticide dealer
registration based upon the violation
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| 1 | | history of the applicant.
| 2 | | (Source: P.A. 98-923, eff. 1-1-15 .)
| 3 | | (415 ILCS 60/10) (from Ch. 5, par. 810)
| 4 | | Sec. 10. Commercial Applicator License. No commercial
| 5 | | applicator
shall use or supervise the use of any pesticide | 6 | | without a commercial
license issued by the Director. For the | 7 | | years preceding the year 2001, the
Director shall require an | 8 | | annual
fee for commercial applicator license of $35.
For the | 9 | | years 2001, 2002, 2003, 2004, 2005, and 2006, the annual fee | 10 | | for a
commercial applicator license is $45. For the years 2007 | 11 | | through 2017 and thereafter , the
annual fee for a commercial | 12 | | applicator license is $60. For the years 2018 and thereafter, | 13 | | the fee for a multi-year commercial applicator license is $180. | 14 | | The late application
fee for a
commercial applicator license | 15 | | shall be $20 in
addition to the normal license fee. A | 16 | | commercial applicator shall be assessed
a fee of $10 $5 for a | 17 | | duplicate license.
| 18 | | 1. Application for the commercial applicator license shall | 19 | | be made
in writing on designated forms available from the | 20 | | Director. Each
application shall contain information regarding | 21 | | the applicants
qualifications, nature of the proposed | 22 | | operation, classification of
license being sought, and shall | 23 | | include the following:
| 24 | | A. The full name of the applicant.
| 25 | | B. The address of the applicant.
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| 1 | | C. Any necessary information prescribed by the | 2 | | Director on the
designated application form.
| 3 | | 2. An applicant for a license shall demonstrate competence | 4 | | and
knowledge regarding pesticide use in accordance with | 5 | | Section 9 of this Act.
| 6 | | 3. A licensed commercial applicator must provide to the | 7 | | Director at
the time of original licensing and must maintain | 8 | | throughout the licensure period license renewal evidence of | 9 | | financial
responsibility protecting persons who may suffer | 10 | | personal injury or property
damage or both as a result of the | 11 | | pesticide operation of the applicant in
either of the following | 12 | | manners:
| 13 | | A. Evidence of responsibility may be provided in the | 14 | | form of a surety
bond for each licensed commercial | 15 | | applicator naming the licensed commercial
applicator as | 16 | | principal of the bond. The amount of the bond shall be not
| 17 | | less than $50,000 per year. It is permissible to provide | 18 | | two bonds; one
for $25,000 for bodily injury liability and | 19 | | the second for $25,000 for property
damage liability. The | 20 | | bond or bonds shall be made payable to the Director
of | 21 | | Agriculture, State of Illinois, for the benefit of the | 22 | | injured party
and shall be conditioned upon compliance with | 23 | | the provisions of this Act
by the principal, his or her | 24 | | officers, representatives and employees; or
| 25 | | B. Evidence of responsibility may be provided in the | 26 | | form of a
certificate of liability
insurance providing |
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| 1 | | coverage for each licensed commercial applicator or
| 2 | | licensed entity in the amount of not less than $50,000 per | 3 | | person, $100,000
per occurrence bodily injury liability | 4 | | coverage, with an annual
aggregate of not less than | 5 | | $500,000, and $50,000 per occurrence property
damage | 6 | | liability, with
an annual aggregate of not less than | 7 | | $50,000; or, in lieu thereof,
a combined single limit of | 8 | | not less than
$100,000 bodily injury and property damage | 9 | | liability combined, with an
annual aggregate of not less | 10 | | than $500,000.
| 11 | | 4. Every insurance policy or bond shall contain a provision | 12 | | that it
will not be cancelled or reduced by the principal or | 13 | | insurance company,
except upon 30 days prior notice in writing | 14 | | to the Director of the Department
at the Springfield, Illinois | 15 | | office and the principal insured. A reduction
or cancellation | 16 | | of policy shall not affect the liability accrued or which
may | 17 | | accrue under such policy before the expiration of the 30 days. | 18 | | The
notice shall contain the termination date. Upon said | 19 | | reduction or
cancellation, the Director shall immediately | 20 | | notify the licensee that his
or her license will be suspended | 21 | | and the effective date until the minimum
bond or liability | 22 | | insurance requirements are met by the licensee for the
current | 23 | | license period.
| 24 | | 5. Nothing in this Act shall be construed to relieve any | 25 | | person from
liability for any damage to persons or property | 26 | | caused by use of
pesticides even though such use conforms to |
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| 1 | | label instructions and
pertinent rules and regulations of this | 2 | | State.
| 3 | | 6. The Director may renew any applicant's license in the
| 4 | | classifications for which such applicant is licensed, subject | 5 | | to
requalification requirements imposed by the Director. | 6 | | Requalification
standards shall be prescribed by regulations | 7 | | adopted pursuant to this
Act and are required to ensure that | 8 | | the licensed commercial applicator
meets the requirements of | 9 | | changing technology and to assure a continued
level of | 10 | | competence and ability.
| 11 | | 7. The Director may limit the license of an applicant to | 12 | | allow only
the use of certain pesticides in a delimited | 13 | | geographic area, or to the
use of certain application | 14 | | techniques or equipment. If a license is not
issued as applied | 15 | | for, the Director shall inform the applicant in
writing of the | 16 | | reasons and extend an opportunity for the applicant to
complete | 17 | | the requirements for the license desired.
| 18 | | 8. For the purpose of uniformity, the Director may enter | 19 | | into
agreements for accepting standards of qualification of | 20 | | other states as a
basis for licensing commercial applicators.
| 21 | | (Source: P.A. 89-94, eff. 7-6-95; 90-205, eff. 1-1-98.)
| 22 | | (415 ILCS 60/11.1) (from Ch. 5, par. 811.1)
| 23 | | Sec. 11.1. Public and Commercial Not-for-Hire License. No | 24 | | public or
commercial not-for-hire applicator shall use or | 25 | | supervise the use of any
pesticide without a license issued by |
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| 1 | | the Director.
For the years 2011 through 2017 and thereafter , | 2 | | the public or commercial not-for-hire pesticide applicator | 3 | | license fee shall be $20. For the years 2018 and thereafter, | 4 | | the fee for a multi-year commercial not-for-hire pesticide | 5 | | applicator license is $60. The late application fee for a | 6 | | public or commercial not-for-hire applicator
license shall be | 7 | | $20 in addition to the normal license fees. A public or | 8 | | commercial not-for-hire applicator shall be assessed
a fee of | 9 | | $10 $5 for a duplicate license.
| 10 | | 1. Application for certification as a commercial | 11 | | not-for-hire pesticide
applicator shall be made in writing on | 12 | | designated forms available from the
Director. Each application | 13 | | shall contain information regarding the
qualifications
of the | 14 | | applicant, classification of certification being sought, and | 15 | | shall
include the following:
| 16 | | A. The full name of the applicant.
| 17 | | B. The name of the applicant's employer.
| 18 | | C. The address at the applicant's place of employment.
| 19 | | D. Any other information prescribed by the Director on | 20 | | the designated
form.
| 21 | | 2. The Director shall not issue a certification to a | 22 | | commercial not-for-hire
pesticide applicator until the | 23 | | individual identified has demonstrated his
competence and | 24 | | knowledge regarding pesticide use in accordance with
Section 9 | 25 | | of this Act.
| 26 | | 3. The Director shall not renew a certification as a |
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| 1 | | commercial not-for-hire
pesticide applicator until the | 2 | | applicant
reestablishes his qualifications in accordance
with | 3 | | Section 9 of this Act
or has met other requirements imposed by | 4 | | regulation in order to ensure that
the applicant meets the | 5 | | requirements of changing technology and to assure
a continued | 6 | | level of competence and ability.
| 7 | | 4. (Blank). Application for certification as a public | 8 | | pesticide applicator shall
be made in writing on designated | 9 | | forms available from the Director. Each
application shall | 10 | | contain information regarding qualifications of applicant,
| 11 | | classification of certification being sought, and shall | 12 | | include the following:
| 13 | | A. The full name of the applicant.
| 14 | | B. The name of the applicant's employer.
| 15 | | C. Any other information prescribed by the Director on | 16 | | the designated
form.
| 17 | | 5. (Blank). The Director shall not issue a certificate to a | 18 | | public pesticide
applicator
until the individual identified | 19 | | has demonstrated his competence and knowledge
regarding | 20 | | pesticide use in accordance with Section 9 of this Act.
| 21 | | 6. (Blank). The Director shall not renew a certification as | 22 | | a public
pesticide applicator
until the applicant | 23 | | reestablishes his
qualifications in accordance with Section 9 | 24 | | of this Act or has met other
requirements imposed by regulation | 25 | | in order to ensure that the applicant
meets the requirements of | 26 | | changing technology and to assure a continued
level of |
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| 1 | | competence and ability.
| 2 | | 7. Persons applying general use pesticides, approved by the
| 3 | | Inter-Agency Committee on the Use of Pesticides, to scrap tires | 4 | | for the
control of mosquitoes shall be exempt from the license | 5 | | requirements of this
Section.
| 6 | | (Source: P.A. 96-1310, eff. 7-27-10.)
| 7 | | (415 ILCS 60/12) (from Ch. 5, par. 812)
| 8 | | Sec. 12. Licensed Operator. No pesticide operator shall use | 9 | | any pesticides
without a pesticide operator license issued by | 10 | | the Director.
| 11 | | 1. Application for an operator license shall be made in | 12 | | writing on
designated
forms available from the Director. Each | 13 | | application shall contain information
regarding the nature of | 14 | | applicants pesticide use, his qualifications, and
such other | 15 | | facts as prescribed on the form. The application shall also
| 16 | | include the following:
| 17 | | A. The full name of applicant.
| 18 | | B. The address of the applicant.
| 19 | | C. The name of and license/certification number of the | 20 | | pesticide
applicator
under whom the applicant will work.
| 21 | | 2. The Director shall not issue a pesticide operator | 22 | | license until the
individual identified has demonstrated his | 23 | | competence and knowledge regarding
pesticide use in accordance | 24 | | with Section 9 of this Act.
| 25 | | 3. The Director shall not issue an operator license to any |
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| 1 | | person who
is unable to provide the name and | 2 | | license/certification number of an applicator
under whom the | 3 | | operator will work.
| 4 | | 4. For the years preceding the year 2001, a licensed | 5 | | commercial operator working
for or under the supervision of a | 6 | | certified
licensed commercial pesticide applicator shall pay | 7 | | an annual fee of $25.
For the years 2001, 2002, and 2003, the | 8 | | annual fee for a commercial operator
license is $30. For the | 9 | | years 2004, 2005, and 2006, the annual fee for a
commercial | 10 | | operator license is $35. For the years 2007 through 2017 and | 11 | | thereafter , the
annual fee for a commercial operator license is | 12 | | $40. For the years 2018 and thereafter, the fee for a | 13 | | multi-year commercial applicator license is $120.
The late | 14 | | application fee for an operator license shall be $20 in
| 15 | | addition to the normal license fee. A licensed operator shall | 16 | | be assessed a
fee of $10 $5 for a duplicate license.
| 17 | | 5. For the years 2011 through 2017 and thereafter , the | 18 | | public or commercial not-for-hire pesticide operator license | 19 | | fee shall be $15. For the years 2018 and thereafter, the fee | 20 | | for a multi-year commercial not-for-hire pesticide applicator | 21 | | license is $45. The late application fee for a public or | 22 | | commercial not-for-hire applicator license shall be $20 in | 23 | | addition to the normal license fees. A public or commercial | 24 | | not-for-hire operator shall be assessed a fee of $10 $5 for a | 25 | | duplicate license. | 26 | | (Source: P.A. 96-1310, eff. 7-27-10.)
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| 1 | | (415 ILCS 60/13) (from Ch. 5, par. 813)
| 2 | | Sec. 13. Pesticide dealers. Any pesticide dealer who sells | 3 | | Restricted
Use pesticides shall be registered with the | 4 | | Department on forms provided by
the Director. Beginning July 1, | 5 | | 2005, any pesticide dealer that sells non-restricted use | 6 | | pesticides for use in the production of an agricultural | 7 | | commodity in containers with a capacity of 2.5 gallons or | 8 | | greater or 10 pounds or greater must also register with the | 9 | | Department on forms provided by the Director. Through 2017, | 10 | | registration Registration shall consist of passing a required
| 11 | | examination and payment of a $100 registration fee. For the | 12 | | years 2018 and thereafter, the pesticide dealer registration | 13 | | fee for a multi-year registration period is $300.
The late | 14 | | application fee for a pesticide dealer registration shall be | 15 | | $20 in
addition to the normal pesticide dealer registration | 16 | | fee. A pesticide dealer
shall be assessed a fee of $10 $5 for a | 17 | | duplicate registration.
| 18 | | Dealers who hold a Structural Pest Control license with the | 19 | | Illinois
Department of Public Health or a Commercial | 20 | | Applicator's
license with the Illinois Department of | 21 | | Agriculture are exempt from the
registration fee but must | 22 | | register with the Department.
| 23 | | Each place of business which sells restricted use | 24 | | pesticides or non-restricted pesticides for use in the | 25 | | production of an agricultural commodity in containers with a |
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| 1 | | capacity of 2.5 gallons or greater or 10 pounds or greater
| 2 | | shall be considered a separate entity for the purpose of | 3 | | registration. | 4 | | Registration as a pesticide dealer shall expire on December | 5 | | 31 of the each
year in which it is to expire . Pesticide dealers | 6 | | shall be certified in accordance with Section 9
of this Act.
| 7 | | The Director may prescribe, by rule, requirements for the | 8 | | registration
and testing of any pesticide dealer selling other | 9 | | than restricted use
pesticides and such rules shall include the | 10 | | establishment of a
registration fee in an amount not to exceed | 11 | | the pesticide dealer registration
fee.
| 12 | | The Department may refuse to issue or may suspend the | 13 | | registration
of any person who fails to file a return, or to | 14 | | pay the tax, penalty, or
interest shown in a filed return, or | 15 | | to pay any final assessment of tax,
penalty, or interest, as | 16 | | required by any tax Act administered by the
Illinois Department | 17 | | of Revenue, until such time as the requirements of any
such tax | 18 | | Act are satisfied.
| 19 | | (Source: P.A. 94-60, eff. 6-20-05.)
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