Full Text of SB2507 101st General Assembly
SB2507 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2507 Introduced 1/28/2020, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
| 415 ILCS 60/24.1 | from Ch. 5, par. 824.1 |
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Amends the Illinois Pesticide Act. Increases administrative penalties based on stated ranges of total violation points. Provides that beginning January 1, 2021 and each January 1 thereafter, the amounts of administrative penalties shall be adjusted by the Department of Agriculture based on the annual change in the Consumer Price Index. Requires the updated penalty amounts to be made available to the public on the Department's website.
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| | A BILL FOR |
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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 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 | 9 | | administrative
hearing to suspend, revoke, or modify any | 10 | | license, permit, special order,
registration, or certification | 11 | | issued under this Act. This action may be
taken in addition to | 12 | | or in lieu of monetary penalties assessed as set forth
in this | 13 | | Section. When it is in the interest of the people of the State
| 14 | | of Illinois, the Director may, upon good and sufficient | 15 | | evidence, suspend
the registration, license, or permit until a | 16 | | hearing has been held. In
such cases, the Director shall issue | 17 | | an order in writing setting forth the
reasons for the | 18 | | suspension. Such order shall be served personally on the
person | 19 | | or by registered or certified mail sent to the person's | 20 | | business
address as shown in the latest notification to the | 21 | | Department. When such
an order has been issued by the Director, | 22 | | the person may request an immediate
hearing.
| 23 | | (2) Before initiating hearing proceedings, the Director |
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| 1 | | may issue an
advisory letter to a violator of this Act or its | 2 | | rules and regulations when the
violation points total 6 or | 3 | | less, as determined by the Department by the Use
and Violation | 4 | | Criteria established in this Section. When the Department
| 5 | | determines that the violation points total more than 6 but not | 6 | | more than 13,
the Director shall issue a warning letter to the | 7 | | violator.
| 8 | | (3) The hearing officer upon determination of a violation | 9 | | or
violations shall assess one or more of the following | 10 | | penalties:
| 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 second | 18 | | 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 | | (G) For violations of the Act and Rules and | 7 | | Regulations, administrative
penalties will be based upon | 8 | | the total violation points as determined by
the Use and | 9 | | Violation Criteria as set forth in paragraph (4) of this
| 10 | | Section.
The monetary penalties shall be as follows:
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11 | | Total Violation Points |
Monetary Penalties |
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12 | | 12-13 | $500 |
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13 | | 14-16 |
$1,000 $750 |
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14 | | 17-19 |
$2,500 $1000 |
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15 | | 20-22 20-21 |
$5,000 $2500 |
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16 | | 23-25 22-25 |
$7,500 $5000 |
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17 | | 26-29 |
$10,000 $7500 |
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18 | | 30 and above |
$15,000 $10,000 |
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19 | | (H) Beginning on January 1, 2021, and every January 1 | 20 | | thereafter, the monetary penalties described in paragraph | 21 | | (3)(G) shall automatically be increased or decreased, by a | 22 | | percentage equal to the percentage change in the All Items | 23 | | Consumer Index for All Urban Consumers for the U.S. City | 24 | | Average, 1982-84=100 (CPI-U) published by the Bureau of | 25 | | Labor and Statistics of the United States Department of | 26 | | Labor during the preceding 12-month calendar year. The |
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| 1 | | updated monetary penalties resulting from each annual | 2 | | adjustment shall be made available to the public via the | 3 | | Department's official website, by January 1 of the calendar | 4 | | year for which the new monetary penalties apply. When | 5 | | calculating the monetary penalties, the Department shall | 6 | | round down to the nearest whole dollar. A complaint | 7 | | received by the Department, which results in a monetary | 8 | | penalty under paragraph (3)(G), shall have the monetary | 9 | | penalty applied based on the calendar year in which the | 10 | | complaint was received. | 11 | | (4) The following Use and Violation Criteria establishes | 12 | | the point value
which shall be compiled to determine the total | 13 | | violation points and
administrative actions or monetary | 14 | | penalties to be imposed as set forth in
paragraph (3)(G) of | 15 | | this Section:
| 16 | | (A) Point values shall be assessed upon the harm or | 17 | | loss incurred.
| 18 | | (1) A point value of 1 shall be assessed for the | 19 | | following:
| 20 | | (a) Exposure to a pesticide by plants, animals | 21 | | or humans
with no symptoms or damage noted.
| 22 | | (b) Fraudulent sales practices or | 23 | | representations with no
apparent monetary losses | 24 | | involved.
| 25 | | (2) A point value of 2 shall be assessed for the | 26 | | following:
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| 1 | | (a) Exposure to a pesticide which resulted in:
| 2 | | (1) Plants or property showing signs of | 3 | | damage including
but not
limited to leaf curl, | 4 | | burning, wilting, spotting, discoloration, or | 5 | | dying.
| 6 | | (2) Garden produce or an agricultural crop | 7 | | not being
harvested on schedule.
| 8 | | (3) Fraudulent sales practices or | 9 | | representations
resulting in losses under | 10 | | $500.
| 11 | | (3) A point value of 4 shall be assessed for the | 12 | | following:
| 13 | | (a) Exposure to a pesticide resulting in a | 14 | | human experiencing
headaches, nausea, eye | 15 | | irritation and such other symptoms which persisted
| 16 | | less than 3 days.
| 17 | | (b) Plant or property damage resulting in a | 18 | | loss below $1000.
| 19 | | (c) Animals exhibiting symptoms of pesticide | 20 | | poisoning
including but not limited to eye or skin | 21 | | irritations or lack of coordination.
| 22 | | (d) Death to less than 5 animals.
| 23 | | (e) Fraudulent sales practices or | 24 | | representations resulting
in losses from $500 to | 25 | | $2000.
| 26 | | (4) A point value of 6 shall be assessed for the |
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| 1 | | following:
| 2 | | (a) Exposure to a pesticide resulting in a | 3 | | human experiencing
headaches, nausea, eye | 4 | | irritation and such other symptoms which persisted | 5 | | 3 or
more days.
| 6 | | (b) Plant or property damage resulting in a | 7 | | loss of $1000
or more.
| 8 | | (c) Death to 5 or more animals.
| 9 | | (d) Fraudulent sales practices or | 10 | | representations resulting
in losses over $2000.
| 11 | | (B) Point values shall be assessed based upon the | 12 | | signal word
on the label of the chemical involved:
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13 | | Point Value |
Signal Word |
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14 | | 1 |
Caution |
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15 | | 2 |
Warning |
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16 | | 4 |
Danger/Poison |
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17 | | (C) Point values shall be assessed based upon the | 18 | | degree of
responsibility. |
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19 | | Point Value |
Degree of Responsibility |
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20 | | 2 |
Accidental (such as equipment malfunction) |
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21 | | 4 |
Negligence |
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22 | | 10 |
Knowingly |
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23 | | (D) Point values shall be assessed based upon the | 24 | | violator's
history for the previous 3 years: |
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25 | | Point Value |
Record |
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| 1 | | 2 |
Advisory letter |
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2 | | 3 |
Warning letter |
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3 | | 5 | 4 | | | 5 | | | 6 | | |
Previous criminal conviction
of this Act or administrative violation resulting in a monetary penalty |
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7 | | 7 | 8 | | |
Certification, license or
registration currently suspended
or revoked |
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9 | | (E) Point values shall be assessed based upon the | 10 | | violation
type: |
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11 | | (1) Application Oriented: |
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12 | | Point Value |
Violation |
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13 | | 1 |
Inadequate records |
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14 | | 2 |
Lack of supervision |
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15 | | 2 |
Faulty equipment |
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16 | | Use contrary to label directions: |
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17 | | 2 |
a. resulting in exposure to
applicator or operator |
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18 | | 3 | 19 | | |
b. resulting in exposure to other
persons or the environment |
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20 | | 3 | 21 | | |
c. precautionary statements, sites,
rates, restricted use requirements |
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22 | | 3 |
Water contamination |
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| 1 | | 3 |
Storage or disposal contrary
to label directions |
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2 | | 3 |
Pesticide drift |
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3 | | 4 |
Direct application to a non-target site |
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4 | | 6 |
Falsification of records |
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5 | | 6 | 6 | | |
Failure to secure a permit or
violation of permit or special order |
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7 | | (2) Product Oriented: |
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8 | | Point Value |
Violation |
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9 | | 6 |
Pesticide not registered |
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10 | | 4 |
Product label claims differ from
approved label |
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11 | | 4 | 12 | | |
Product composition (active
ingredients differs from that of
approved label) |
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13 | | 4 |
Product not colored as required |
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14 | | 4 | 15 | | | 16 | | |
Misbranding as set forth in Sec. 5
of the Act (4 points will be
assessed for each count) |
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17 | | (5) Any penalty not paid within 60 days of notice from | 18 | | the Department
shall be submitted to the Attorney General's | 19 | | Office for collection.
Failure to pay a penalty shall also | 20 | | be grounds for suspension or revocation
of permits, |
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| 1 | | licenses and registrations.
| 2 | | (6) Private applicators, except those private | 3 | | applicators who have
been found by the Department to have | 4 | | committed a "use inconsistent with the
label" as defined in | 5 | | subsection 40 of Section 4 of this Act, are exempt from
the | 6 | | Use and Violation Criteria point values.
| 7 | | (Source: P.A. 90-403, eff. 8-15-97 .)
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