Pesticide licensure The Illinois Department of Agriculture certifies and licenses those applying pesticides in outdoor environments and in the production of agricultural commodities. The Illinois Department of Public Health certifies and licenses individuals applying pesticides in and on manmade structures. This includes nuisance bird control, rodent control, wood treatment, and insect control.
Pesticide Licensure Required of everyone applying restricted use pesticides (RUPs) Required of anyone applying restricted use or general use pesticides in the course of employment A person applying general use pesticides on his or her own property is exempt from licensure A license is required to purchase restricted use pesticides but not general use pesticides
Pesticide licensure Applicator – Person who owns or manages a pesticide application business, uses pesticides, and/or supervises pesticide use. Every entity engaged in pesticide application must have at least one licensed applicator. Operator – Person who applies pesticides under the direct supervision of a licensed applicator. Multiple operators may work under the supervision of an applicator
Pesticide licensure 17 licensure categories Aquatic Plant Management Demonstration & Research Regulatory Field Crop Right-of-way Forest Sewer line root control Fruit Seed treatment Grain Facility Soil fumigation Livestock Turf Mosquito Vegetable Crop Ornamental
Pesticide licensure Two step process – certification and licensure Certification – successfully complete required examinations (3 calendar year life) HB5464 – exams valid through calendar year Licensure – meet proof of financial responsibility requirements (if applicable), complete required certifications, and submit application & fee (private – 3 calendar year life, all others – 1 calendar year life) License expiration at end of calendar year (Dec. 31)
Pesticide licensure In 2013, the Department licensed approximately 33,523 individuals to apply pesticides in Illinois 17,763 private applicators 15,760 commercial, commercial not-for-hire, dealer, and public applicators and operators
Notification Placement of Markers following application to lawns Applications to school or day care center grounds – Registry of parents and guardians
Lawn Markers Immediately following the application of lawn care products to a lawn, an applicator shall place a lawn marker at the usual point or points of entry. Immediately following the application of lawn care products to a lawn, an applicator shall place a lawn marker at the usual point or points of entry. Lawn care products include both pesticides and fertilizers. Lawn includes land area covered with turf kept closely mown or land area covered with turf and trees or shrubs.
Lawn Markers 4” by 5” sign - white in color Lettering in a contrasting color at least 3/8” in height “LAWN CARE APPLICATION-STAY OFF GRASS UNTIL DRY-FOR MORE INFORMATION CONTACT: _____(name and phone number of applicator)____” Bottom of marker at least 12” above the turf Remove marker the following day
Registry When pesticide (not lawn care product) applications are made to school or day care center grounds other than school structures, notification must be made. If only a fertilizer is applied, this does not apply. But, a weed & feed product contains pesticides.
Registry Applies to more than just the lawn – any pesticide application to school or day care center grounds, other than the structures.
Registry - Schools School districts must maintain a registry of parents and guardians who have registered to receive written or telephonic notification before the application of pesticides and notify those on the registry OR schools must provide written or telephonic notification to all parents and guardians before applications.
Registry – Day Care Centers Day Care Centers must maintain a registry of parents and guardians who have registered to receive written notification before the application of pesticides and notify those on the registry OR day cares must provide written or telephonic notification to all parents and guardians before applications.
Written Notification May be included in newsletters, calendars, or other correspondence currently being published, but posting on a bulletin board or door is not sufficient.
Written/Telephonic Notification Must be given at least 4 business days before the application. Should identify the intended application date and the name & phone number of the responsible school personnel, or for day cares, the owner or operator of the day care.
Related requirements Golf course provisions Golf course provisions – blanket posting procedure Prior notification for a neighbor Prior notification for a neighbor - A person whose property abuts or is adjacent to the property of a customer of an applicator for hire may receive prior notification of an application by contacting the applicator for hire and providing his name, address and telephone number. Notice shall be provided at least the day before a scheduled application Product information to a neighbor Product information to a neighbor - A person whose property is adjacent to the property receiving a lawn care product may request a copy of the material safety data sheet and the pesticide label for each product applied.
Number of cases investigated by the IDA slightly up in 2014 2014 (y-t-d) 124 cases 2013 117 cases 2012 94 cases 2011 97 cases 2010 103 cases 2009 98 cases 2008 115 cases 2007 117 cases 2006 93 cases 2005 76 cases
Misuse Case Process Department receives formal complaint Field representative assigned Site visit conducted Complainant and respondent interviewed Application records checked Possible samples collected & lab analysis Report submitted to headquarters office for review Enforcement determination
Enforcement Determination – Penalty Matrix Points assessed based on Use and Violation Criteria: Harm or Loss Incurred – (1 to 6 points) Single Word of Product Involved - (1 to 4 points) Degree of Responsibility - (2 to 10 points) Violator’s History for the previous three years - (2 to 7 points) Violation Type (application vs. product oriented) – (1 to 6 points)
Enforcement Determination – Penalty Matrix Penalty based on assessed points: 6 or less - advisory letter 7 to 13 - warning letter 14 to 16 - $750 17 to 19 - $1,000 20 to 21- $2,500 22 to 25- $5,000 26 to 29- $7,500 30 and above- $10,000 Administrative hearing required for monetary penalties
2010 Misuse Complaint Investigation Status – 103 cases 62 cases closed35 warning letters issued Two $750 fines for misuse Three $500 fines for license violations One $250 fine for Lawncare Act violation 5 administrative hearings
2011 Misuse Complaint Investigation Status – 97 cases 51 cases closed42 warning letters issued Three $750 fines for misuse Four $500 fines for license violations Three $250 fines for Lawncare Act violation 10 administrative hearings scheduled
2012 Misuse Complaint Investigation Status – 94 cases 52 cases closed40 warning letters issued One $750 fine for misuse One $500 fine for license violation Two $250 fines for Lawncare Act violations 4 administrative hearings scheduled
2013 Misuse Complaint Investigation Status – 117 cases 69 cases closed35 warning letters issued One $2,500 fine for misuse One $1,000 fine for misuse Eight $750 fines for misuse Six $500 fines for license violations Two $250 fine for Lawncare Act violations 18 administrative hearings scheduled
2014 Misuse Complaint Investigation Status – 124 y-t-d 40 cases closed – “no misuse”35 warning letters issued One $750 fine for misuse Three $500 fines for license violations One $500 fine for Lawn Care Act violation 5 administrative hearings scheduled
Hypoxia Dissolved oxygen levels below 2 ppm Dissolved oxygen levels below 2 ppm Caused by stratification of water column and decomposition of organic materials (algae) Caused by stratification of water column and decomposition of organic materials (algae) Excess algal growth caused by excess nutrients Excess algal growth caused by excess nutrients 37
30.0 29.0 29.5 93.5 28.5 92.589.590.591.5 FIGURE 1.1 – Distribution of frequency of occurrence of mid ‑ summer hypoxia — based on data from Rabalais, Turner and Wiseman from the 60 to 80 station grid repeatedly sampled from 1985-1999 (from #1, figure 2 - updated with 98/99’ data) Hypoxia Frequency of Occurrence 1985 - 1999 Terrebonne Bay Atchafalaya RL.Calcasieu Mississippi R Sabine L. >75% >50% >25% <25% 50 km
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force Task Force began in late 1990s Integrated Assessment 2001 Action Plan Reassessment / USEPA Science Advisory Panel 2008 Action Plan
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force Overall Basin Sub-Basin Groups UMRESHNC Ohio Lower Mississippi State Level Plans identified in 2008 Action Plan
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force 3 Goals Coastal Goal – reduce the five-year running average areal extend of the Gulf of Mexico hypoxic zone to less than 5,000 sq. kilometers by the year 2015 Within Basin Goal – restore and protect the waters of the 31 states and tribal lands within the Mississippi/Atchafalaya River Basin Quality of Life Goal – improve the communities and economic conditions across the Mississippi/Atchafalaya River Basin
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force Principals Encourage actions that are voluntary, incentive-based, practical, and cost-effective; Utilize existing programs, including existing state and federal regulatory mechanisms; Follow adaptive management; Identify additional funding needs and sources during the annual agency budget processes; Identify opportunities for, and potential barriers to, innovative and market-based solutions; and Provide measurable outcomes as outlined below in the three goals and eleven actions.
Illinois Strategy Development Policy work group made up of various stakeholders including Waste Water Treatment Works representatives Environmental advocate organizations Agricultural organizations State government agency representatives University of Illinois researchers Federal government representatives Meet monthly over a 12 month period beginning in the summer of 2013
Illinois Strategy Development Science Assessment – Dr. Mark David, et al. Describes current conditions Identifies critical watersheds Identifies agricultural practices and nutrient losses by major land resource area (MLRA) Lists possible point source reductions with resulting cost estimates Outlines possible non-point source nutrient losses with cost estimates Lists statewide scenarios with associated costs Conclusions
Illinois Statewide Nutrient Loss Reduction Strategy Three subcommittees with representatives from numerous interest groups – Agricultural non-point sources Urban point source Urban non-point sources Met various times to draft specific strategy chapters
Illinois Strategy Development Goals and Milestones GOAL = 45% reduction in the annual loading of nitrate- nitrogen and phosphorus compared to 1980-1996 (baseline conditions) Milestones Nitrate-nitrogen15% by 2025 Phosphorus 25% by 2025
Illinois Statewide Nutrient Loss Reduction Strategy Agriculture Subcommittee Representatives from numerous interest groups Agriculture Environmental NGOs Waste water organizations State and federal government University researchers Met three times as a subcommittee Provided comments on a draft agriculture chapter twice before the document was distributed to the entire policy work group
Illinois Statewide Nutrient Loss Reduction Strategy Science Assessment – Dr. David, et al Agriculture interest groups should be certainly complemented for their leadership in the development and implementation of: CBMP’s KIC 2025 initiative NREC
Illinois Statewide Nutrient Loss Reduction Strategy
Illinois Statewide Nutrient Loss Reduction Strategy Education and Outreach recommendations focus on the 4 Rs of nutrient management Right fertilizer source at the Right rate at the Right time in the Right place
Illinois Statewide Nutrient Loss Reduction Strategy Economic strategy options include: A discussion of the industry’s KIC 2025 initiative, The NREC program, Other existing state and federal programs, and Limitations of existing funding and the need for new funding sources
Illinois Statewide Nutrient Loss Reduction Strategy Next Steps – Currently revising the document in response to stakeholder committee comments October 15 -- Revised draft to be released for 30-day public comment period End of the calendar year – Finalized strategy document submitted to USEPA Region 5
Right SourceRightRateRightTimeRightPlace Nitrogen Management System
Long-Term Funding - 100% Agriculture Establishes a statutory assessment for Nutrient Research & Education Council (private foundation). IDA assures remittance to NREC. Range of funding is 50 cents to $3.00 per ton. Minimum 50 cent assessment will provide $2 million per year. Private fund which cannot be swept. NREC set initial assessment at 75 cents per ton. 20% of NREC funds statutorily dedicated to on-farm nutrient & water quality projects
Payments to NREC It is condition of fertilizer distributor license to remit the fees: 25¢ to IDA – check made out to IDA 75¢ to NREC – check sent to NREC (foundation held by IFCA) Payable semi-annually based on tonnage (July 31 on spring tons, Feb 28 on fall tons)
First NREC Projects, $1.4 million: Cover Crops in a Corn/Soy Rotation Fund the KIC Program Joint Project between Agriculture & Sanitary Districts to determine “Maximum Extent Practical” BMP for Point & Non Point Fund “Discovery Farms” P & K Recommendations in Illinois Phosphorus Application Methods & Runoff Study
IT’S ALL ABOUT M inimize Environmental Impact O ptimize Harvest Yield M aximize Input Utilization M inimize Environmental Impact O ptimize Harvest Yield M aximize Input Utilization