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92_HB3332eng HB3332 Engrossed LRB9204574LDprA 1 AN ACT in relation to agrichemicals. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Environmental Protection Act is amended 5 by changing Section 14.6 as follows: 6 (415 ILCS 5/14.6) (from Ch. 111 1/2, par. 1014.6) 7 Sec. 14.6. Agrichemical facilities. 8 (a) Notwithstanding the provisions of Section 14.4, 9 groundwater protection for storage and related handling of 10 pesticides and fertilizers at a facility for the purpose of 11 commercial application or at a central location for the 12 purpose of distribution to retail sales outlets may be 13 provided by adherence to the provisions of this Section. For 14 any such activity to be subject to this Section, the 15 following action must be taken by an owner or operator: 16 (1) with respect to agrichemical facilities, as 17 defined by the Illinois Pesticide Act, the Illinois 18 Fertilizer Act and regulations adopted thereunder, file a 19 written notice of intent to be subject to the provisions 20 of this Section with the Department of Agriculture by 21 January 1, 1993, or within 6 months after the date on 22 which a maximum setback zone is established or a 23 regulated recharge area regulation is adopted that 24 affects such a facility; 25 (2) with respect to lawn care facilities that are 26 subject to thewash watercontainment area provisions of 27 the Lawn Care Products Application and Notice Act and its 28 regulations, file a written notice of intent to be 29 subject to the provisions of this Section with the 30 Department of Agriculture by January 1, 1993, or within 6 31 months after the date on which a maximum setback zone is HB3332 Engrossed -2- LRB9204574LDprA 1 established or a regulated recharge area regulation is 2 adopted that affects such a facility; 3 (3) with respect to a central distribution location 4 that is not an agrichemical facility, certify intent to 5 be subject to the provisions of this Section on the 6 appropriate license or renewal application form submitted 7 to the Department of Agriculture; or 8 (4) with respect to any other affected facility, 9 certify intent to be subject to the provisions of this 10 Section on the appropriate renewal application forms 11 submitted to the Department of Agriculture or other 12 appropriate agency. 13 An owner or operator of a facility that takes the action 14 described in this subsection shall be subject to the 15 provisions of this Section and shall not be regulated under 16 the provisions of Section 14.4, except as provided in 17 subsection (d) of this Section and unless a regulatory 18 program is not in effect by January 1, 1994, pursuant to 19 subsection (b) or (c) of this Section. The Department of 20 Agriculture or other appropriate agency shall provide copies 21 of the written notices and certifications to the Agency. For 22 the purposes of this subsection, the term "commercial 23 application" shall not include the use of pesticides or 24 fertilizers in a manner incidental to the primary business 25 activity. 26 (b) The Agency and Department of Agriculture shall 27 cooperatively develop a program for groundwater protection 28 for designated facilities or sites consistent with the 29 activities specified in subsection (a) of this Section. In 30 developing such a program, the Agency and the Department of 31 Agriculture shall consult with affected interests and take 32 into account relevant information. Based on such agreed 33 program, the Department of Agriculture shall adopt 34 appropriate regulatory requirements by January 1, 1994, for HB3332 Engrossed -3- LRB9204574LDprA 1 the designated facilities or sites and administer a program. 2 At a minimum, the following considerations must be adequately 3 addressed as part of such program: 4 (1) a facility review process, using available 5 information when appropriate, to determine those sites 6 where groundwater monitoring will be implemented; 7 (2) requirements for groundwater quality monitoring 8 for sites identified under item (1); 9 (3) reporting, response, and operating practices 10 for the types of designated facilities; and 11 (4) requirements for closure or discontinuance of 12 operations. 13 (c) The Agency may enter into a written agreement with 14 any State agency to operate a cooperative program for 15 groundwater protection for designated facilities or sites 16 consistent with the activities specified in subparagraph (4) 17 of subsection (a) of this Section. Such State agency shall 18 adopt appropriate regulatory requirements for the designated 19 facilities or sites and necessary procedures and practices to 20 administer the program. 21 (d) The Agency shall ensure that any facility that is 22 subject to this Section is in compliance with applicable 23 provisions as specified in subsection (b) or (c) of this 24 Section. To fulfill this responsibility, the Agency may rely 25 on information provided by another State agency or other 26 information that is obtained on a direct basis. If a facility 27 is not in compliance with the applicable provisions, or a 28 deficiency in the execution of a program affects such a 29 facility, the Agency may so notify the facility of this 30 condition and shall provide 30 days for a written response to 31 be filed. The response may describe any actions taken by the 32 owner which relate to the condition of noncompliance. If the 33 response is deficient or untimely, the Agency shall serve 34 notice upon the owner that the facility is subject to the HB3332 Engrossed -4- LRB9204574LDprA 1 applicable provisions of Section 14.4 of this Act and 2 regulations adopted thereunder. 3 (e) After January 1, 1993, and before January 1, 1994, 4 an owner or operator of a facility that is subject to the 5 provisions of this Section may withdraw the notice given 6 under subsection (a) of this Section by filing a written 7 withdrawal statement with the Department of Agriculture. 8 Within 45 days after such filing and after consultation with 9 the Agency, the Department of Agriculture shall provide 10 written confirmation to the owner or operator that the 11 facility is no longer subject to the provisions of this 12 Section and must comply with the applicable provisions of 13 Section 14.4 within 90 days after receipt of the 14 confirmation. The Department of Agriculture shall provide 15 copies of the written confirmations to the Agency. 16 (f) After January 1, 1994, and before one year after the 17 date on which a maximum setback zone is established or a 18 regulated recharge area regulation is adopted that affects a 19 facility subject to the provisions of this Section, an owner 20 or operator of such a facility may withdraw the notice given 21 under subsection (a) of this Section by filing a written 22 withdrawal statement with the Department of Agriculture. 23 Within 45 days after such filing and after consultation with 24 the Agency, the Department of Agriculture shall provide 25 written confirmation to the owner or operator that the 26 facility is no longer subject to the provisions of this 27 Section and must comply with the applicable provisions of 28 Section 14.4 within 90 days after receipt of the 29 confirmation. The Department of Agriculture shall provide 30 copies of the written confirmations to the Agency. 31 (g) On or after the effective date of this amendatory 32 Act of 1994, an owner or operator of an agrichemical facility 33 that is subject to the provisions of Section 14.4 and 34 regulations adopted thereunder solely because of the presence HB3332 Engrossed -5- LRB9204574LDprA 1 of an on-site potable water supply well that is not a 2 non-community water supply may file a written notice with the 3 Department of Agriculture by January 1, 1995 declaring the 4 facility to be subject to the provisions of this Section. 5 When that action is taken, the regulatory requirements of 6 subsection (b) of this Section shall be applicable beginning 7 January 1, 1995. During the period from January 1, 1993 8 through December 31, 1994, any facility described in this 9 subsection shall not be subject to regulation under Section 10 14.4 of this Act. Beginning on January 1, 1995, such 11 facilities shall be subject to either Section 14.4 or this 12 Section depending on the action taken under this subsection. 13 An owner or operator of an agrichemical facility that is 14 subject to this Section because a written notice was filed 15 under this subsection shall do all of the following: 16 (1) File a facility review report with the 17 Department of Agriculture on or before February 28, 1995 18 consistent with the regulatory requirements of subsection 19 (b) of this Section. 20 (2) Implement an approved monitoring program within 21 120 days of receipt of the Department of Agriculture's 22 determination or a notice to proceed from the Department 23 of Agriculture. The monitoring program shall be 24 consistent with the requirements of subsection (b) of 25 this Section. 26 (3) Implement applicable operational and management 27 practice requirements and submit a permit application or 28 modification to meet applicable structural provisions 29 consistent with those in subsection (b) of this Section 30 on or before July 1, 1995 and complete construction of 31 applicable structural requirements on or before January 32 1, 1996. 33 Notwithstanding the provisions of this subsection, an owner 34 or operator of an agrichemical facility that is subject to HB3332 Engrossed -6- LRB9204574LDprA 1 the provisions of Section 14.4 and regulations adopted 2 thereunder solely because of the presence of an on-site 3 private potable water supply well may file a written notice 4 with the Department of Agriculture before January 1, 1995 5 requesting a release from the provisions of Section 14.4 and 6 this Section. Upon receipt of a request for release, the 7 Department of Agriculture shall conduct a site visit to 8 confirm the private potable use of the on-site well. If 9 private potable use is confirmed, the Department shall 10 provide written notice to the owner or operator of the 11 agrichemical facility that the facility is released from 12 compliance with the provisions of Section 14.4 and this 13 Section. If private potable use is not confirmed, the 14 Department of Agriculture shall provide written notice to the 15 owner or operator that a release cannot be given. No action 16 in this subsection shall be precluded by the on-site 17 non-potable use of water from an on-site private potable 18 water supply well. 19 (Source: P.A. 87-1108; 88-496; 88-571, eff. 8-11-94.) 20 Section 10. The Illinois Pesticide Act is amended by 21 changing Sections 4, 19, and 19.3 as follows: 22 (415 ILCS 60/4) (from Ch. 5, par. 804) 23 Sec. 4. Definitions. As used in this Act: 24 1. "Director" means Director of the Illinois Department 25 of Agriculture or his authorized representative. 26 2. "Active Ingredient" means any ingredient which will 27 prevent, destroy, repel, control or mitigate a pest or which 28 will act as a plant regulator, defoliant or desiccant. 29 3. "Adulterated" shall apply to any pesticide if the 30 strength or purity is not within the standard of quality 31 expressed on the labeling under which it is sold, distributed 32 or used, including any substance which has been substituted HB3332 Engrossed -7- LRB9204574LDprA 1 wholly or in part for the pesticide as specified on the 2 labeling under which it is sold, distributed or used, or if 3 any valuable constituent of the pesticide has been wholly or 4 in part abstracted. 5 4. "Agricultural Commodity" means produce of the land 6 including but not limited to plants and plant parts, 7 livestock and poultry and livestock or poultry products, 8 seeds, sod, shrubs and other products of agricultural origin 9 including the premises necessary to and used directly in 10 agricultural production. Agricultural commodity also includes 11 aquatic products as defined in the Aquaculture Development 12 Act. 13 5. "Animal" means all vertebrate and invertebrate 14 species including, but not limited to, man and other mammals, 15 bird, fish, and shellfish. 16 6. "Beneficial Insects" means those insects which during 17 their life cycle are effective pollinators of plants, 18 predators of pests or are otherwise beneficial. 19 7. "Certified applicator". 20 A. "Certified applicator" means any individual who 21 is certified under this Act to purchase, use, or 22 supervise the use of pesticides which are classified for 23 restricted use. 24 B. "Private applicator" means a certified 25 applicator who purchases, uses, or supervises the use of 26 any pesticide classified for restricted use, for the 27 purpose of producing any agricultural commodity on 28 property owned, rented, or otherwise controlled by him or 29 his employer, or applied to other property if done 30 without compensation other than trading of personal 31 services between no more than 2 producers of agricultural 32 commodities. 33 C. "Licensed Commercial Applicator" means a 34 certified applicator, whether or not he is a private HB3332 Engrossed -8- LRB9204574LDprA 1 applicator with respect to some uses, who owns or manages 2 a business that is engaged in applying pesticides, 3 whether classified for general or restricted use, for 4 hire. The term also applies to a certified applicator 5 who uses or supervises the use of pesticides, whether 6 classified for general or restricted use, for any purpose 7 or on property of others excluding those specified by 8 subparagraphs 7 (B), (D), (E) of Section 4 of this Act. 9 D. "Commercial Not For Hire Applicator" means a 10 certified applicator who uses or supervises the use of 11 pesticides classified for general or restricted use for 12 any purpose on property of an employer when such activity 13 is a requirement of the terms of employment and such 14 application of pesticides under this certification is 15 limited to property under the control of the employer 16 only and includes, but is not limited to, the use or 17 supervision of the use of pesticides in a greenhouse 18 setting. 19 E. "Licensed Public Applicator" means a certified 20 applicator who uses or supervises the use of pesticides 21 classified for general or restricted use as an employee 22 of a state agency, municipality, or other duly 23 constituted governmental agency or unit. 24 8. "Defoliant" means any substance or combination of 25 substances which cause leaves or foliage to drop from a plant 26 with or without causing abscission. 27 9. "Desiccant" means any substance or combination of 28 substances intended for artificially accelerating the drying 29 of plant tissue. 30 10. "Device" means any instrument or contrivance, other 31 than a firearm or equipment for application of pesticides 32 when sold separately from pesticides, which is intended for 33 trapping, repelling, destroying, or mitigating any pest, 34 other than bacteria, virus, or other microorganisms on or HB3332 Engrossed -9- LRB9204574LDprA 1 living in man or other living animals. 2 11. "Distribute" means offer or hold for sale, sell, 3 barter, ship, deliver for shipment, receive and then deliver, 4 or offer to deliver pesticides, within the State. 5 12. "Environment" includes water, air, land, and all 6 plants and animals including man, living therein and the 7 interrelationships which exist among these. 8 13. "Equipment" means any type of instruments and 9 contrivances using motorized, mechanical or pressure power 10 which is used to apply any pesticide, excluding pressurized 11 hand-size household apparatus containing dilute ready to 12 apply pesticide or used to apply household pesticides. 13 14. "FIFRA" means the "Federal Insecticide Fungicide 14 Rodenticide Act", as amended. 15 15. "Fungi" means any non-chlorophyll bearing 16 thallophytes, any non-chlorophyll bearing plant of a lower 17 order than mosses or liverworts, as for example rust, smut, 18 mildew, mold, yeast and bacteria, except those on or in 19 living animals including man and those on or in processed 20 foods, beverages or pharmaceuticals. 21 16. "Household Substance" means any pesticide 22 customarily produced and distributed for use by individuals 23 in or about the household. 24 17. "Imminent Hazard" means a situation which exists 25 when continued use of a pesticide would likely result in 26 unreasonable adverse effect on the environment or will 27 involve unreasonable hazard to the survival of a species 28 declared endangered by the U.S. Secretary of the Interior or 29 to species declared to be protected by the Illinois 30 Department of Natural Resources. 31 18. "Inert Ingredient" means an ingredient which is not 32 an active ingredient. 33 19. "Ingredient Statement" means a statement of the name 34 and percentage of each active ingredient together with the HB3332 Engrossed -10- LRB9204574LDprA 1 total percentage of inert ingredients in a pesticide and for 2 pesticides containing arsenic in any form, the ingredient 3 statement shall include percentage of total and water soluble 4 arsenic, each calculated as elemental arsenic. In the case 5 of spray adjuvants the ingredient statement need contain only 6 the names of the functioning agents and the total percent of 7 those constituents ineffective as spray adjuvants. 8 20. "Insect" means any of the numerous small 9 invertebrate animals generally having the body more or less 10 obviously segmented for the most part belonging to the class 11 Insects, comprised of six-legged, usually winged forms, as 12 for example beetles, caterpillars, and flies. This 13 definition encompasses other allied classes of arthropods 14 whose members are wingless and usually have more than 6 legs 15 as for example spiders, mites, ticks, centipedes, and 16 millipedes. 17 21. "Label" means the written, printed or graphic matter 18 on or attached to the pesticide or device or any of its 19 containers or wrappings. 20 22. "Labeling" means the label and all other written, 21 printed or graphic matter: (a) on the pesticide or device or 22 any of its containers or wrappings, (b) accompanying the 23 pesticide or device or referring to it in any other media 24 used to disseminate information to the public, (c) to which 25 reference is made to the pesticide or device except when 26 references are made to current official publications of the 27 U. S. Environmental Protection Agency, Departments of 28 Agriculture, Health, Education and Welfare or other Federal 29 Government institutions, the state experiment station or 30 colleges of agriculture or other similar state institution 31 authorized to conduct research in the field of pesticides. 32 23. "Land" means all land and water area including 33 airspace, and all plants, animals, structures, buildings, 34 contrivances, and machinery appurtenant thereto or situated HB3332 Engrossed -11- LRB9204574LDprA 1 thereon, fixed or mobile, including any used for 2 transportation. 3 24. "Licensed Operator" means a person employed to apply 4 pesticides to the lands of others under the direction of a 5 "licensed commercial applicator" or a "licensed public 6 applicator" or a "licensed commercial not-for-hire 7 applicator". 8 25. "Nematode" means invertebrate animals of the phylum 9 nemathelminthes and class nematoda, also referred to as nemas 10 or eelworms, which are unsegmented roundworms with elongated 11 fusiform or sac-like bodies covered with cuticle and 12 inhabiting soil, water, plants or plant parts. 13 26. "Permit" means a written statement issued by the 14 Director or his authorized agent, authorizing certain acts of 15 pesticide purchase or of pesticide use or application on a 16 interim basis prior to normal certification, registration, or 17 licensing. 18 27. "Person" means any individual, partnership, 19 association, fiduciary, corporation, or any organized group 20 of persons whether incorporated or not. 21 28. "Pest" means (a) any insect, rodent, nematode, 22 fungus, weed, or (b) any other form of terrestrial or aquatic 23 plant or animal life or virus, bacteria, or other 24 microorganism, excluding virus, bacteria, or other 25 microorganism on or in living animals including man, which 26 the Director declares to be a pest. 27 29. "Pesticide" means any substance or mixture of 28 substances intended for preventing, destroying, repelling, or 29 mitigating any pest or any substance or mixture of substances 30 intended for use as a plant regulator, defoliant or 31 desiccant. 32 30. "Pesticide Dealer" means any person who distributes 33 registered pesticides to the user. 34 31. "Plant Regulator" means any substance or mixture of HB3332 Engrossed -12- LRB9204574LDprA 1 substances intended through physiological action to affect 2 the rate of growth or maturation or otherwise alter the 3 behavior of ornamental or crop plants or the produce thereof. 4 This does not include substances which are not intended as 5 plant nutrient trace elements, nutritional chemicals, plant 6 or seed inoculants or soil conditioners or amendments. 7 32. "Protect Health and Environment" means to guard 8 against any unreasonable adverse effects on the environment. 9 33. "Registrant" means person who has registered any 10 pesticide pursuant to the provision of FIFRA and this Act. 11 34. "Restricted Use Pesticide" means any pesticide with 12 one or more of its uses classified as restricted by order of 13 the Administrator of USEPA. 14 35. "SLN Registration" means registration of a pesticide 15 for use under conditions of special local need as defined by 16 FIFRA. 17 36. "State Restricted Pesticide Use" means any pesticide 18 use which the Director determines, subsequent to public 19 hearing, that an additional restriction for that use is 20 needed to prevent unreasonable adverse effects. 21 37. "Structural Pest" means any pests which attack and 22 destroy buildings and other structures or which attack 23 clothing, stored food, commodities stored at food 24 manufacturing and processing facilities or manufactured and 25 processed goods. 26 38. "Unreasonable Adverse Effects on the Environment" 27 means the unreasonable risk to the environment, including 28 man, from the use of any pesticide, when taking into account 29 accrued benefits of as well as the economic, social, and 30 environmental costs of its use. 31 39. "USEPA" means United States Environmental Protection 32 Agency. 33 40. "Use inconsistent with the label" means to use a 34 pesticide in a manner not consistent with the label HB3332 Engrossed -13- LRB9204574LDprA 1 instruction, the definition adopted in FIFRA as interpreted 2 by USEPA shall apply in Illinois. 3 41. "Weed" means any plant growing in a place where it 4 is not wanted. 5 42. "Wildlife" means all living things, not human, 6 domestic, or pests. 7 43. "Bulk pesticide" means any registered pesticide 8 which is transported or held in an individual container in 9 undivided quantities of greater than 55 U.S. gallons liquid 10 measure or 100 pounds net dry weight. 11 44. "Bulk repackaging" means the transfer of a 12 registered pesticide from one bulk container (containing 13 undivided quantities of greater than 100 U.S. gallons liquid 14 measure or 100 pounds net dry weight) to another bulk 15 container (containing undivided quantities of greater than 16 100 U.S. gallons liquid measure or 100 pounds net dry weight) 17 in an unaltered state in preparation for sale or distribution 18 to another person. 19 45. "Business" means any individual, partnership, 20 corporation or association engaged in a business operation 21 for the purpose of selling or distributing pesticides or 22 providing the service of application of pesticides in this 23 State. 24 46. "Facility" means any building or structure and all 25 real property contiguous thereto, including all equipment 26 fixed thereon used for the operation of the business. 27 47. "Chemigation" means the application of a pesticide 28 through the systems or equipment employed for the primary 29 purpose of irrigation of land and crops. 30 48. "Use" means any activity covered by the pesticide 31 label including but not limited to application of pesticide, 32 mixing and loading, storage of pesticides or pesticide 33 containers, disposal of pesticides and pesticide containers 34 and reentry into treated sites or areas. HB3332 Engrossed -14- LRB9204574LDprA 1 (Source: P.A. 89-445, eff. 2-7-96.) 2 (415 ILCS 60/19) (from Ch. 5, par. 819) 3 Sec. 19. Interagency Committee on Pesticides. The 4 Director is authorized to create an interagency committee on 5 pesticides. Its purpose is to study and advise on the use of 6 pesticides on State property. Also, its purpose is to advise 7 any State agency in connection with quarantine programs or 8 the protection of the public health and welfare, and to 9 recommend needed legislation concerning pesticides. 10 1. An interagency committee on pesticides shall consist 11 of: (1) the Director of the Department of Agriculture, (2) 12 the Director of Natural Resources, (3) the Director of the 13 Environmental Protection Agency, (4) the Director of the 14 Department of Public Health, (5) the Secretary of the 15 Department of Transportation, (6) the Chief of the State 16 Natural History Survey and (7) the Dean of the College of 17 Agriculture, University of Illinois. Each member of the 18 committee may designate some person in his department to 19 serve on the committee in his stead. Other State agencies 20 may, at the discretion of the Director, be asked to serve on 21 the interagency committee on pesticides. The Director of the 22 Department of Agriculture shall be chairman of this 23 committee. 24 2. The interagency committee shall: (1) Review the 25 current status of the sales and use of pesticides within the 26 State of Illinois. (2) Review pesticide programs to be 27 sponsored or directed by a governmental agency. (3) Consider 28 the problems arising from pesticide use with particular 29 emphasis on the possible adverse effects on human health, 30 livestock, crops, fish, and wildlife, business, industry, 31 agriculture, or the general public. (4) Recommend legislation 32 to the Governor, if appropriate, which will prohibit the 33 irresponsible use of pesticides. (5) Review rules and HB3332 Engrossed -15- LRB9204574LDprA 1 regulations pertaining to the regulation or prohibition of 2 the sale, use or application of pesticides and labeling of 3 pesticides for approval prior to promulgation and adoption. 4 (6) Contact various experts and lay groups, such as the 5 Illinois Pesticide Control Committee, to obtain their views 6 and cooperation. (7) Advise on and approve of all programs 7 involving the use of pesticides on State owned property, 8 state controlled property, or administered by State agencies. 9 This shall not be construed to include research programs, or 10 the generally accepted and approved practices essential to 11 good farm and institutional management on the premises of the 12 various State facilities. 13 3. Members of this committee shall receive no 14 compensation for their services as members of this committee 15 other than that provided by law for their respective 16 positions with the State of Illinois. All necessary expenses 17 for travel of the committee members shall be paid out of 18 regular appropriations of their respective agencies. 19 4. The committee shall meet at least once each quarter 20 of the calendar year, and may hold additional meetings upon 21 the call of the chairman. Four members shall constitute a 22 quorum. 23 5. The committee shall make a detailed report of its 24 findings and recommendations to the Governor of Illinois 25 prior to each General Assembly Session. 26 6. The Interagency Committee on Pesticides shall, at a 27 minimum, annually, during the spring, conduct a statewide 28 public education campaign and agriculture chemical safety 29 campaign to inform the public about pesticide products, uses 30 and safe disposal techniques. A toll-free hot line number 31 shall be made available for the public to report misuse 32 cases. 33 The Committee shall include in its educational program 34 information and advice about the effects of various HB3332 Engrossed -16- LRB9204574LDprA 1 pesticides and application techniques upon the groundwater 2 and drinking water of the State. 3 7. The Interagency Committee on Pesticides shall conduct 4 a special study of the effects of chemigation and other 5 agricultural applications of pesticides upon the groundwater 6 of this State. The results of such study shall be reported 7 to the General Assembly by March 1, 1989. The members of the 8 Committee may utilize the technical and clerical resources of 9 their respective departments and agencies as necessary or 10 useful in the conduct of the study. 11 8. In consultation with the Interagency Committee, the 12 Department shall develop, and the Interagency Committee shall 13 approve, procedures, methods, and guidelines for addressing 14 agrichemical pesticide contamination at agrichemical 15 facilities in Illinois. In developing those procedures, 16 methods, and guidelines, the following shall be considered 17 and addressed: (1) an evaluation and assessment of site 18 conditions and operational practices at agrichemical 19 facilities where agricultural pesticides are handled; (2) 20 what constitutes pesticide contamination; (3) cost effective 21 procedures for site assessments and technologies for remedial 22 action; and (4) achievement of adequate protection of public 23 health and the environment from such actual or potential 24 hazards. In consultation with the Interagency Committee, the 25 Department shall develop, and the Interagency Committee shall 26 approve, guidelines and recommendations regarding long term 27 financial resources which may be necessary to remediate 28 pesticide contamination at agrichemical facilities in 29 Illinois. The Department, in consultation with the 30 Interagency Committee, shall present a report on those 31 guidelines and recommendations to the Governor and the 32 General Assembly on or before January 1, 1993. The 33 Department and the Interagency Committee shall consult with 34 the Illinois Pesticide Control Committee and other HB3332 Engrossed -17- LRB9204574LDprA 1 appropriate parties during this development process. 2 9. As part of the consideration of cost effective 3 technologies pursuant to subsection 8 of this Section, the 4 Department may, upon request, provide a written authorization 5 to the owner or operator of an agrichemical facility for land 6 application of agrichemical contaminated soils at agronomic 7 rates. As used in this Section, "agrichemical" means 8 pesticides or commercial fertilizers, at an agrichemical 9 facility, in transit from an agrichemical facility to the 10 field of application, or at the field of application. The 11 written authorization may also provide for use of groundwater 12 contaminated by theon-siterelease of an agrichemical, 13 provided that the groundwater is not also contaminated due to 14 the release of a petroleum product or hazardous substance 15 other than an agrichemical. The uses of agrichemical 16 contaminated groundwater authorized by the Department shall 17 be limited to supervised application or irrigation onto 18 farmland and blending as make-up water in the preparation of 19 agrichemical spray solutions that are to be applied to 20 farmland. In either case, the use of the agrichemical 21 contaminated water shall not cause (i) the total annual 22 application amounts of a pesticide to exceed the respective 23 pesticide label application rate on any authorized sites or 24 (ii) the total annual application amounts of a fertilizer to 25 exceed the generally accepted annual application rate on any 26 authorized sites. All authorizations shall prescribe 27 appropriate operational control practices to protect the site 28 of application and shall identify each site or sites where 29 land application or irrigation take place. Where 30 agrichemical contaminated groundwater is used on farmland, 31 the prescribed practices shall be designed to prevent 32 off-site runoff or conveyance through underground tile 33 systems. The Department shall periodically advise the 34 Interagency Committee regarding the issuance of such HB3332 Engrossed -18- LRB9204574LDprA 1 authorizations and the status of compliance at the 2 application sites. 3 (Source: P.A. 88-257; 88-512; 88-513; 89-94, eff. 7-6-95; 4 89-445, eff. 2-7-96.) 5 (415 ILCS 60/19.3) 6 Sec. 19.3. Agrichemical Facility Response Action 7 Program. 8 (a) It is the policy of the State of Illinois that an 9 Agrichemical Facility Response Action Program be implemented 10 to reduce potential agrichemicalpesticidepollution and 11 minimize environmental degradation risk potential at these 12 sites. In this Section, "agrichemical facility" means a site 13 where agrichemicalsagricultural pesticidesare stored or 14 handled, or both, in preparation for end use. "Agrichemical 15 facility" does not include basic manufacturing or central 16 distribution sites utilized only for wholesale purposes. As 17 used in this Section, "agrichemical" means pesticides or 18 commercial fertilizers at an agrichemical facility. 19 The program shall provide guidance for assessing the 20 threat of soil agrichemicalpesticidecontaminants to 21 groundwater and recommending which sites need to establish a 22 voluntary corrective action program. 23 The program shall establish appropriate site-specific 24 soil cleanup objectives, which shall be based on the 25 potential for the agrichemicalpesticidecontaminants to move 26 from the soil to groundwater and the potential of the 27 specific soil agrichemicalpesticidecontaminants to cause an 28 exceedence of a Class I or Class III groundwater quality 29 standard or a health advisory level. The Department shall 30 use the information found and procedures developed in the 31 Agrichemical Facility Site Contamination Study or other 32 appropriate physical evidence to establish the soil 33 agrichemicalpesticidecontaminant levels of concern to HB3332 Engrossed -19- LRB9204574LDprA 1 groundwater in the various hydrological settings to establish 2 site-specific cleanup objectives. 3 No remediation of a site may be recommended unless (i) 4 the agrichemicalpesticidecontamination level in the soil 5 exceeds the site-specific cleanup objectives or (ii) the 6 agrichemicalpesticidecontaminant level in the soil exceeds 7 levels where physical evidence and risk evaluation indicates 8 probability of the site causing an exceedence of a 9 groundwater quality standard. 10 When a remediation plan must be carried out over a number 11 of years due to limited financial resources of the owner or 12 operator of the agrichemical facility, those soil 13 agrichemicalpesticidecontaminated areas that have the 14 greatest potential to adversely impact vulnerable Class I 15 groundwater aquifers and adjacent potable water wells shall 16 receive the highest priority rating and be remediated first. 17 (b) The Agrichemical Facility Response Action Program 18 Board ("the Board") is created. The Board members shall 19 consist of the following: 20 (1) The Director or the Director's designee. 21 (2) One member who represents pesticide 22 manufacturers. 23 (3) Two members who represent retail agrichemical 24 dealers. 25 (4) One member who represents agrichemical 26 distributors. 27 (5) One member who represents active farmers. 28 (6) One member at large. 29 The public members of the Board shall be appointed by the 30 Governor for terms of 2 years. Those persons on the Board who 31 represent pesticide manufacturers, agrichemical dealers, 32 agrichemical distributors, and farmers shall be selected from 33 recommendations made by the associations whose membership 34 reflects those specific areas of interest. The members of the HB3332 Engrossed -20- LRB9204574LDprA 1 Board shall be appointed within 90 days after the effective 2 date of this amendatory Act of 1995. Vacancies on the Board 3 shall be filled within 30 days. The Board may fill any 4 membership position vacant for a period exceeding 30 days. 5 The members of the Board shall be paid no compensation, 6 but shall be reimbursed for their expenses incurred in 7 performing their duties. If a civil proceeding is commenced 8 against a Board member arising out of an act or omission 9 occurring within the scope of the Board member's performance 10 of his or her duties under this Section, the State, as 11 provided by rule, shall indemnify the Board member for any 12 damages awarded and court costs and attorney's fees assessed 13 as part of a final and unreversed judgement, or shall pay the 14 judgment, unless the court or jury finds that the conduct or 15 inaction that gave rise to the claim or cause of action was 16 intentional, wilful or wanton misconduct and was not intended 17 to serve or benefit interests of the State. 18 The chairperson of the Board shall be selected by the 19 Board from among the public members. 20 (c) The Board has the authority to do the following: 21 (1) Cooperate with the Department and review and 22 approve an agrichemical facility remediation program as 23 outlined in the handbook or manual as set forth in 24 subdivision (d)(8) of this Section. 25 (2) Review and give final approval to each 26 agrichemical facility corrective action plan. 27 (3) Approve any changes to an agrichemical 28 facility's corrective action plan that may be necessary. 29 (4) Upon completion of the corrective action plan, 30 recommend to the Department that the site-specific 31 cleanup objectives have been met and that a notice of 32 closure be issued by the Department stating that no 33 further remedial action is required to remedy the past 34 agrichemicalpesticidecontamination. HB3332 Engrossed -21- LRB9204574LDprA 1 (5) When a soil agrichemicalpesticidecontaminant 2 assessment confirms that remedial action is not required 3 in accordance with the Agrichemical Facility Response 4 Action Program, recommend that a notice of closure be 5 issued by the Department stating that no further remedial 6 action is required to remedy the past agrichemical 7pesticidecontamination. 8 (6) Periodically review the Department's 9 administration of the Agrichemical Incident Response 10 Trust Fund and actions taken with respect to the Fund. 11 The Board shall also provide advice to the Interagency 12 Committee on Pesticides regarding the proper handling of 13 agrichemical incidents at agrichemical facilities in 14 Illinois. 15 (d) The Director has the authority to do the following: 16 (1) When requested by the owner or operator of an 17 agrichemical facility, may investigate the agrichemical 18 facility site contamination. 19 (2) After completion of the investigation under 20 subdivision (d)(1) of this Section, recommend to the 21 owner or operator of an agrichemical facility that a 22 voluntary assessment be made of the soil agrichemical 23pesticidecontaminant when there is evidence that the 24 evaluation of risk indicates that groundwater could be 25 adversely impacted. 26 (3) Review and make recommendations on any 27 corrective action plan submitted by the owner or operator 28 of an agrichemical facility to the Board for final 29 approval. 30 (4) On approval by the Board, issue an order to the 31 owner or operator of an agrichemical facility that has 32 filed a voluntary corrective action plan that the owner 33 or operator may proceed with that plan. 34 (5) Provide remedial project oversight, monitor HB3332 Engrossed -22- LRB9204574LDprA 1 remedial work progress, and report to the Board on the 2 status of remediation projects. 3 (6) Provide staff to support the activities of the 4 Board. 5 (7) Take appropriate action on the Board's 6 recommendations regarding policy needed to carry out the 7 Board's responsibilities under this Section. 8 (8) In cooperation with the Board, incorporate the 9 following into a handbook or manual: the procedures for 10 site assessment; pesticide constituents of concern and 11 associated parameters; guidance on remediation 12 techniques, land application, and corrective action 13 plans; and other information or instructions that the 14 Department may find necessary. 15 (9) Coordinate preventive response actions at 16 agrichemical facilities pursuant to the Groundwater 17 Quality Standards adopted pursuant to Section 8 of the 18 Illinois Groundwater Protection Act to mitigate resource 19 groundwater impairment. 20 Upon completion of the corrective action plan and upon 21 recommendation of the Board, the Department shall issue a 22 notice of closure stating that site-specific cleanup 23 objectives have been met and no further remedial action is 24 required to remedy the past agrichemicalpesticide25 contamination. 26 When a soil agrichemicalpesticidecontaminant assessment 27 confirms that remedial action is not required in accordance 28 with the Agrichemical Facility Response Action Program and 29 upon the recommendation of the Board, a notice of closure 30 shall be issued by the Department stating that no further 31 remedial action is required to remedy the past agrichemical 32pesticidecontamination. 33 (e) Upon receipt of notification of an agrichemical 34pesticidecontaminant in groundwater pursuant to the HB3332 Engrossed -23- LRB9204574LDprA 1 Groundwater Quality Standards, the Department shall evaluate 2 the severity of the agrichemicalpesticidecontamination and 3 shall submit to the Environmental Protection Agency an 4 informational notice characterizing it as follows: 5 (1) An agrichemicalpesticidecontaminant in Class 6 I or Class III groundwater has exceeded the levels of a 7 standard adopted pursuant to the Illinois Groundwater 8 Protection Act or a health advisory established by the 9 Illinois Environmental Protection Agency or the United 10 States Environmental Protection Agency; or 11 (2) An agrichemicalpesticidehas been detected at 12 a level that requires preventive notification pursuant to 13 a standard adopted pursuant to the Illinois Groundwater 14 Protection Act. 15 (f) When agrichemicalpesticidecontamination is 16 characterized as in subdivision (e)(1) of this Section, a 17 facility may elect to participate in the Agrichemical 18 Facility Response Action Program. In these instances, the 19 scope of the corrective action plans developed, approved, and 20 completed under this program shall be limited to the soil 21 agrichemicalpesticidecontamination present at the site 22 unless implementation of the plan is coordinated with the 23 Illinois Environmental Protection Agency as follows: 24 (1) Upon receipt of notice of intent to include 25 groundwater in an action by a facility, the Department 26 shall also notify the Illinois Environmental Protection 27 Agency. 28 (2) Upon receipt of the corrective action plan, the 29 Department shall coordinate a joint review of the plan 30 with the Illinois Environmental Protection Agency. 31 (3) The Illinois Environmental Protection Agency 32 may provide a written endorsement of the corrective 33 action plan. 34 (4) The Illinois Environmental Protection Agency HB3332 Engrossed -24- LRB9204574LDprA 1 may approve a groundwater management zone for a period of 2 5 years after the implementation of the corrective action 3 plan to allow for groundwater impairment mitigation 4 results. 5 (5) The Department, in cooperation with the 6 Illinois Environmental Protection Agency, shall recommend 7 a proposed corrective action plan to the Board for final 8 approval to proceed with remediation. The recommendation 9 shall be based on the joint review conducted under 10 subdivision (f)(2) of this Section and the status of any 11 endorsement issued under subdivision (f)(3) of this 12 Section. 13 (6) The Department, in cooperation with the 14 Illinois Environmental Protection Agency, shall provide 15 remedial project oversight, monitor remedial work 16 progress, and report to the Board on the status of the 17 remediation project. 18 (7) The Department shall, upon completion of the 19 corrective action plan and recommendation of the Board, 20 issue a notice of closure stating that no further 21 remedial action is required to remedy the past 22 agrichemicalpesticidecontamination. 23 (g) When an owner or operator of an agrichemical 24 facility initiates a soil contamination assessment on the 25 owner's or operator's own volition and independent of any 26 requirement under this Section 19.3, information contained in 27 that assessment may be held as confidential information by 28 the owner or operator of the facility. 29 (Source: P.A. 89-94, eff. 7-6-95; 90-403, eff. 8-15-97.) 30 Section 15. The Lawn Care Products Application and 31 Notice Act is amended by changing Section 5 as follows: 32 (415 ILCS 65/5) (from Ch. 5, par. 855) HB3332 Engrossed -25- LRB9204574LDprA 1 Sec. 5. Containment of spills, wash water, and rinsate 2 collection. 3 (a) No loading of lawn care products for distribution to 4 a customer or washing or rinsing of pesticide residues from 5 vehicles, application equipment, mixing equipment, floors or 6 other items used for the storage, handling, preparation for 7 use, transport, or application of pesticides to lawns shall 8 be performed at a facility except in designated containment 9washareas in accordance with the requirements of this 10 Section. A lawn care containment permit, issued by the 11 Department, shall be obtained prior to the operation of the 12wash watercontainment area. The Department shall issue a 13 lawn care containment permit when the containment area or 14 facility complies with the provisions of this Section and the 15 rules and regulations adopted under Sections 5 and 6. 16 (b) No later than January 1, 1993,wash water17 containment areas shall be in use in any facility as defined 18 in this Act and no wash water or rinsates may be released 19 into the environment except in accordance with applicable 20 law.Wash waterContainment areas shall include the 21 following requirements: 22 (1) The containmentwasharea shall be constructed 23 of concrete, asphalt or other impervious materials which 24 include, but are not limited to, polyethylene containment 25 pans and synthetic membrane liners. All containment area 26 materials shall be compatible with the lawncare products 27 to be contained. 28 (2) The containmentwasharea shall be designed to 29 capture spills, washwaters, and rinsates generated in the 30 loading of application devices, the lawncare 31 product-related servicing of vehicles, and the triple 32 rinsing of pesticide containers and to prevent the 33 release of such spills, washwaters, or rinsates to the 34 environment other than as described in paragraph (3) of HB3332 Engrossed -26- LRB9204574LDprA 1 this subsection (b). 2 (3) Spills, washwaters, and rinsates captured in 3 the containmentwasharea may be used in accordance with 4 the label rates of the lawncare products,eitherreused 5 as makeup water for dilution of pesticides in preparation 6 of application, or disposed in accordance with applicable 7 local, State and federal regulations. 8 (c) The requirements of this Section shall not apply to 9 situations constituting an emergency where washing or rinsing 10 of pesticide residues from equipment or other items is 11 necessary to prevent imminent harm to human health or the 12 environment. 13 (d) The requirements of this Section shall not apply to 14 persons subject to the containment requirements of the 15 Illinois Pesticide Act or the Illinois Fertilizer Act of 1961 16 and any rules or regulations adopted thereunder. 17 (Source: P.A. 86-358; 87-1033.) 18 Section 99. Effective date. This Act takes effect upon 19 becoming law.