Illinois Administrative Code

Section 240.70 Special Certification: Plants and Nursery Stock Shipped by Individual Residents Special certificates verifying plants and nursery stock are apparently free of insect pests and plant diseases shall be issued to residents of this State on individual shipments to dest…

Section 240.80 Inspection of Private Premises, Public Grounds and Forest Preserves The Department of Agriculture shall inspect private premises, public grounds and forest preserves when requested by the owner or custodian of same, to determine their freedom from insect pests and …

Section 240.90 Inspection of Native Trees for Resale Native trees dug and collected by a nurseryman or nursery dealer shall be inspected and be certified free of insect pests and plant diseases. Inspection may be done at the digging or unloading site at the Department's discretio…

Section 250.10 Definitions "Act" means the Illinois Pesticide Act [415 ILCS 60]. "Barrier mosquitocide" means a pesticide that is formulated to kill adult mosquitoes and that is applied so as to leave a residual mosquitocidal coating on natural or manmade surfaces. "Barrier mosqu…

Section 250.100 Licensed Operator (Commercial Operator and Commercial Not For Hire Operator): Testing and Licensing a) A person may make application to the Director to become a licensed operator only after successfully demonstrating comprehension of the general competency standar…

Section 250.110 General Competency Standards to be Covered on the Tests The general competency standards will deal with the following: a) Label and Labeling Comprehension: 1) The general format and terminology of pesticide labels and labeling; 2) The understanding of instructions…

Section 250.120 Technical Category Areas of Pesticide Use a) Category 1 is Agricultural Pest Control containing six subcategories as follows: 1) Field Crop Control This category of pesticide applicators includes those applying pesticides in production of agricultural field crops …

Section 250.130 Surety Bond or Liability Insurance Procedures for the cancellation, collection, control and distribution of surety bonds shall be as established in 8 Ill. Adm. Code 3: Subpart A. Insurance policies shall be handled in the same manner as surety bonds. (Source: Amen…

Section 250.140 Interagency Committee on Pesticides a) Each member of the Interagency Committee on Pesticides when assigning a designee to serve in his stead shall notify the Director in writing. The Director shall be notified in writing when designee changes are made. b) Proceed…

Section 250.150 Record Keeping a) Pesticide dealers shall retain a record of all sales of restricted use pesticides or pesticides that the Director has declared to be a pesticide requiring a permit for two (2) years. The record shall include, but is not limited to, the following …

Section 250.160 Permits a) The Director may declare a pesticide sale, use application within or shipment into the State prohibited without prior permit. A permit for sale, use or shipment is required for pesticides that USEPA has ordered registration cancelled or suspended even w…

Section 250.170 Administrative Hearings All decisions and actions of the Department are subject to the Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the Department's Administrative Rules (8 Ill. Adm. Code 1) which pertain to admini…

Section 250.180 Administrative Penalties a) For violations of the Act and rules, administrative penalties will be based upon the total violation points as determined by the Use and Violation Criteria as set forth in Section 24.1 of the Act. In no case shall the same or similar vi…

Section 250.190 Formulation Violations of the Label Claim a) Any product that is under or over formulated according to the following tables shall be subject to Sections 14, 15, 16, and 24.1 of the Act. b) The allowable under formulation limits are as follows: 1) All products othe…

Section 250.20 Registration of Pesticide Dealers Selling Restricted Use Pesticides or Certain Non-Restricted Use Pesticides a) Pesticide dealers who sell restricted use pesticides in containers of any size, or pesticide dealers who sell non-restricted use pesticides for use in th…

Section 250.200 Reporting of Pesticide Incidents or Misuse Complaints All pesticide incidents or misuse complaints shall be reported in writing to the Director at the time of occurrence or not later than 30 days after the incident or complaint or within 30 days of when damage or …

Section 250.210 Special Application of Solid Mosquito Larvicides a) Any person who receives training pursuant to subsection (b) of this Section from an individual possessing a current category 8 Public Health Pest Control applicator license issued by the Department may apply a mo…

Section 250.215 Barrier Mosquitocide Applications a) No licensed commercial applicator or commercial operator shall apply a barrier mosquitocide between October 16 and April 14 except as provided under subsection (i). b) No licensed commercial applicator or commercial operator sh…

Section 250.220 Special Application of Herbicides to Control Invasive Plants on Public Lands a) Any person who receives training, pursuant to subsection (b) from an individual possessing a current Category 6 Right-of-Way Pest Control applicator license issued by the Department, a…

Section 250.230 Use of Pesticides Containing Dicamba on Soybeans In addition to the requirements of the federally-approved labels, all use on soybeans of pesticides containing dicamba shall comply with the following requirements: a) Temperature Restriction A pesticide containing …

Section 250.30 Registration of Pesticides Except as otherwise provided by the Act or specified by rules promulgated thereunder, any pesticide which is an USEPA registered product may be registered with the Director. Any pesticide distributed, sold, transported or used within Illi…

Section 250.40 Registration of Experimental Use Pesticides a) Pesticides for which USEPA has issued an Experimental Use Permit and for which the applicant or registrant has specified an Illinois cooperator for conducting experimental studies shall be registered with the Director.…

Section 250.50 Registration of Special Local Need Pesticides a) Pesticides may be registered for distribution and use solely within the State of Illinois as provided under Section 24(c) of the FIFRA. These are referred to as SLN or "Special Local Need" registrations. b) Registrat…

Section 250.60 Emergency Exemption Registration a) Any person may petition the Director to declare a pest emergency and request approval for nonregistered use of a pesticide or pesticide combination. The Director may on his own initiative also determine a pest emergency exists. T…

Section 250.70 Method of Becoming Certified Applicators Persons may become certified applicators by demonstrating an understanding of and competence for the handling and use of pesticides as established in Sections 250.80 and 250.90 of this Part. (Source: Amended at 12 Ill. Reg. …

Section 250.80 Private Pesticide Applicators: Certification, Licensing, Testing and Training a) Private pesticide applicators shall re-establish certification when required to do so in accordance with Section 9 of the Act. b) A person may make application to the Director to becom…

Section 250.90 Commercial Applicator and Commercial Not For Hire Applicator: Certification, Testing and Licensing a) A person may make application to the Director to become licensed as a licensed commercial applicator or commercial not for hire applicator only after successfully …

Section 255.10 Definitions Definitions for this Part can be located in Section 3 of the Illinois Fertilizer Act of 1961 [505 ILCS 80/3] and Section 4 of the Illinois Pesticide Act [415 ILCS 60/4]. The following definitions shall also apply to this Part: "Agrichemicals" means pest…

Section 255.100 Storage Containers and Appurtenances a) General: Storage containers and appurtenances shall be constructed, installed, and maintained so as to prevent the discharge of liquid agrichemicals and shall meet each of the following criteria: 1) The materials used in con…

Section 255.110 Containment Management and Operations a) Precipitation and accumulation shall never exceed a level that would impair the holding capacity of the secondary or operational area containment. Such precipitation accumulation should be removed from the secondary and ope…

Section 255.120 Site Closures and Discontinuation of Operations When an agrichemical facility or a non-commercial agrichemical facility is closed or operations are discontinued, agrichemicals, rinsates, wash waters, and other materials containing agrichemicals, and all agrichemic…

Section 255.130 Inspection and Maintenance a) General: Every secondary containment structure shall be visually inspected at least once a week and maintained as necessary to assure compliance with this Section. A written record of all inspections and maintenance shall be made on t…

Section 255.140 Dry Fertilizer Storage and Handling a) Dry fertilizer materials shall be stored and handled in a manner to prevent pollution by minimizing losses to the air, surface water, underground water or subsoil. b) Nonliquid fertilizers shall be stored inside a sound struc…

Section 255.150 Dry Fertilizer Blending Operations Dry fertilizer blending operations, including the process of impregnating fertilizer material with pesticides, shall be conducted in a manner to provide for dust and vapor control and for total collection and reuse of any spilled…

Section 255.160 Connections to the Potable Water Supply a) General: Potable water supply lines shall not be connected to process water lines, chemical lines or equipment, unless proper backflow protection is installed. b) Water service lines which connect an agrichemical facility…

Section 255.170 Open Burning a) No person shall cause or allow open burning of agrichemical containers or other agrichemical related wastes at an agrichemical facility or a non-commercial agrichemical facility, except as provided in this Section. b) Any burning of agrichemical co…

Section 255.180 On-farm Storage Facility Containment Notwithstanding the other provisions of this Part, an on-farm storage facility shall comply with the following: a) All agrichemical non-mobile storage containers for liquid pesticides and liquid fertilizer at an on-farm storage…

Section 255.190 Severability If any Section, subsection, sentence or clause of this Part is judged invalid, that adjudication shall not affect the validity of this Part as a whole or any section, subsection, sentence or clause of this Part not judged invalid. (Source: Added at 26…

Section 255.20 Incorporation by Reference Incorporations by reference in this Part do not include any later amendments or editions beyond the date specified.

Section 255.30 Scope and Application a) Any new agrichemical facility or new non-commercial agrichemical facility shall be in compliance with all of this Part, except for the provisions of Section 255.180, before the commencement of any operational activities or any storage or us…

Section 255.40 Registration a) All agrichemical facilities and non-commercial agrichemical facilities existing on January 1, 1990 shall register with the Department of Agriculture (Department) within 90 days after that date (the "adoption date"). b) Facility registration pursuant…

Section 255.50 Permits and Compliance Schedule a) An Agrichemical Containment Permit ("Permit") issued by the Department shall be obtained for each existing and new agrichemical facility and non-commercial agrichemical facility. Permit applications shall be submitted on forms pro…

Section 255.60 Experimental Permits a) To best aid the improvement of agrichemical containment technology, the Department shall issue Experimental Permits for containment processes or techniques that do not satisfy the requirements of this Part, provided the applicant provides pr…

Section 255.70 Agrichemical Facility Plans, Specifications and Records a) The following records shall be maintained at the agrichemical facility, and the records shall be available for review on request by the Department: 1) A plot plan of the property showing all structures and …

Section 255.80 Secondary Containment a) All agrichemical non-mobile storage containers for liquid pesticides and liquid fertilizer shall be located within a secondary containment structure. b) Secondary containment structures and systems shall provide the following capacity: 1) W…

Section 255.90 Operational Area Containment a) Except as provided in Section 255.140, all transfer of agrichemicals between containers, including loading, unloading, repackaging and mixing, and equipment cleaning performed at an agrichemical facility or a non-commercial agrichemi…

Section 256.10 Definitions Definitions for this Part can be located in Section 2 of the Lawncare Products Application and Notice Act. The following definitions shall also apply to this Part: "Act" means the Lawncare Products Application and Notice Act [415 ILCS 65]. "Alteration" …