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2014 IPLCA Turf Education Day Chicago Botanic Garden, Glencoe, IL September 12, 2014 Warren D. Goetsch. P.E. Illinois Department of Agriculture.

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Presentation on theme: "2014 IPLCA Turf Education Day Chicago Botanic Garden, Glencoe, IL September 12, 2014 Warren D. Goetsch. P.E. Illinois Department of Agriculture."— Presentation transcript:

1 2014 IPLCA Turf Education Day Chicago Botanic Garden, Glencoe, IL September 12, 2014 Warren D. Goetsch. P.E. Illinois Department of Agriculture

2 Pesticide licensure requirements 2014 Pesticide Misuse Complaints Nutrient Management & the Loss Reduction Strategy

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4 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.

5 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

6 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

7 Pesticide licensure 5 license types Private Dealer Commercial Commercial Not-For-Hire Public

8 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

9 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)

10 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

11 Notification Placement of Markers following application to lawns Applications to school or day care center grounds – Registry of parents and guardians

12 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.

13 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

14 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.

15 Registry Applies to more than just the lawn – any pesticide application to school or day care center grounds, other than the structures.

16 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.

17 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.

18 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.

19 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.

20 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.

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22 Pesticide Misuse Complaints

23 Number of cases investigated by the IDA slightly up in (y-t-d) 124 cases cases cases cases cases cases cases cases cases cases

24 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

25 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)

26 Enforcement Determination – Penalty Matrix Penalty based on assessed points: 6 or less - advisory letter 7 to 13 - warning letter 14 to 16 - $ to 19 - $1, to 21- $2, to 25- $5, to 29- $7, and above- $10,000 Administrative hearing required for monetary penalties

27 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

28 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

29 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

30 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

31 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

32 Aerial Misuse Complaints 13 cases closed – no misuse 8 Warning Letters issued 3 hearings with $750 monetary penalties cases 3 cases pending 8 cases closed – no misuse 8 Warning Letters issued 0 hearings 2011 – 19 cases

33 Aerial Misuse Complaints 9 cases closed – no misuse 6 Warning Letters issued 4 involved honey bees 1 administrative hearing - $750 penalty cases

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35 Nutrients, what’s new & next? Gulf Hypoxia Nutrient Criteria and Water Quality Standards

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37 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

38 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 (from #1, figure 2 - updated with 98/99’ data) Hypoxia Frequency of Occurrence Terrebonne Bay Atchafalaya RL.Calcasieu Mississippi R Sabine L. >75% >50% >25% <25% 50 km

39 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

40 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

41 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

42 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.

43 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

44 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

45 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

46 Illinois Strategy Development Goals and Milestones GOAL = 45% reduction in the annual loading of nitrate- nitrogen and phosphorus compared to (baseline conditions) Milestones Nitrate-nitrogen15% by 2025 Phosphorus 25% by 2025

47 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

48 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

49 Illinois Statewide Nutrient Loss Reduction Strategy

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53 Point Source Strategies TMDLs and Waste Load Allocations for point sources NPDES Permit Limits – 1 mg/l total phosphorus Watershed Planning Efforts Water Quality Standards

54 Non-Point Source Strategies – Nitrate-N Reducing N rate Nitrification inhibitor Split applications Cover crops Bioreactors Wetlands Buffers Perennial/energy crops

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57 Non-Point Source Strategies – Total P Convert to reduced, mulch or no-till Reducing P rate on field with high P soil test Cover crops Wetlands Buffers Perennial/energy crops

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62 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

63 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

64 Illinois Statewide Nutrient Loss Reduction Strategy Next Steps – Currently revising the document in response to stakeholder committee comments October Revised draft to be released for 30-day public comment period End of the calendar year – Finalized strategy document submitted to USEPA Region 5

65 Right SourceRightRateRightTimeRightPlace Nitrogen Management System

66 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

67 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)

68 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

69 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

70 We Cannot Afford this Perception..

71 Invest in Agriculture, or Invest in Lawyers

72 Pesticide licensure requirements 2014 Pesticide Misuse Complaints Nutrient Management Issues & the Loss Reduction Strategy

73 Questions……….

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