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| Public Act 103-0976 | ||||
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AN ACT concerning safety. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 1. Short title. This Act may be cited as the the | ||||
Pesticide Application on Rights-of-Way Notification Act. | ||||
Section 5. Definitions. In this Act: | ||||
"Department" means the Department of Agriculture. | ||||
"Pesticide" has the meaning given in the Illinois | ||||
Pesticide Act. | ||||
"Unit of local government" means a unit of local | ||||
government, as defined in Article VII, Section 1 of the | ||||
Illinois Constitution, except a park district, forest preserve | ||||
district, or conservation district. | ||||
Section 10. Prior notification requirements for | ||||
application of pesticides on rights-of-way. | ||||
(a) At least 24 hours before the State or a unit of local | ||||
government, including a mosquito abatement district or a | ||||
commercial entity hired by the State or a unit of local | ||||
government, applies a pesticide, including a pesticide | ||||
intended to control mosquitoes, to a public right-of-way that | ||||
is located within the corporate boundaries of a municipality, | ||||
the State, mosquito abatement district, or other unit of local | ||||
government in which the application is to be made shall | ||
provide written notice to the public of the application of the | ||
pesticide. At a minimum, the following information shall be | ||
provided in the written notice required under this subsection | ||
(a): | ||
(1) the intended location, date range, and range of | ||
times during the day that the material may be applied; | ||
(2) the brand name, common name, and scientific name | ||
of each product that may be applied; | ||
(3) the type of pesticide contained in any product | ||
that may be applied; | ||
(4) the reason for use of each product that may be | ||
applied; | ||
(5) the range of concentrations of end-use product | ||
that will be applied; | ||
(6) any special instructions appearing on the label of | ||
the product applicable to an individual's use of the | ||
public right-of-way following an application; | ||
(7) the State agency, mosquito abatement district, or | ||
other unit of local government name and telephone number | ||
of the certified applicator; and | ||
(8) contact information for the Department for | ||
complaints of pesticide misuse, including a telephone | ||
number and website information for the Department. | ||
Written notification required under this subsection (a) is | ||
sufficient if posted in newsletters, websites, calendars, or | ||
other correspondence currently published by the State, | ||
mosquito abatement district, or other unit of local government | ||
in which the application is to be made, but posting on a | ||
bulletin board is not sufficient. | ||
(b) The application of a solid mosquito larvicide in | ||
accordance with 8 Ill. Adm. Code 250.210 is exempt from the | ||
notification requirements of this Section. | ||
(c) The State or a unit of local government, including a | ||
mosquito abatement district, need not provide the notice | ||
required by this Section if the application of the pesticide | ||
is in response to (i) disease causing agents in vector | ||
mosquitoes, (ii) the occurrence of mosquito-borne disease in | ||
animal or human populations, or (iii) a natural disaster | ||
recovery effort. | ||
Section 15. Administrative rules. This Act shall be | ||
administered and enforced by the Department. The Department | ||
may adopt rules as necessary for the enforcement of this Act. | ||
Section 20. Penalties. | ||
(a) When an administrative hearing is held by the | ||
Department, the hearing officer, upon determination of any | ||
violation of this Act or rule or regulation, shall either | ||
refer the violation to the State's Attorney in the county | ||
where the alleged violation occurred for prosecution or levy | ||
the following administrative monetary penalties: | ||
(1) a penalty of $250 for a first violation; | ||
(2) a penalty of $500 for a second violation; and | ||
(3) a penalty of $1,000 for a third or subsequent | ||
violation. | ||
(b) The penalty levied under subsection (a) shall be | ||
collected by the Department, and all penalties collected by | ||
the Department under this Act shall be deposited into the | ||
Pesticide Control Fund. Any penalty not paid within 60 days of | ||
notice from the Department shall be submitted to the Attorney | ||
General for collection. | ||
(c) Upon prosecution by a State's Attorney, a violation of | ||
this Act or rules adopted under this Act shall be a petty | ||
offense subject to a fine of $250 for a first offense, a fine | ||
of $500 for a second offense, and a fine of $1,000 for a third | ||
or subsequent offense. | ||