2005 Illinois Code - Chapter 225 Professions And Occupations 225 ILCS 235/ Structural Pest Control Act.
(225 ILCS 235/1)(from Ch. 111 1/2, par. 2201) (Section scheduled to be repealed on January 1, 2007) Sec. 1. Short title). This Act shall be known and may be cited as the
"Structural Pest Control Act". (Source: P.A. 82‑725.)
(225 ILCS 235/2)(from Ch. 111 1/2, par. 2202) (Section scheduled to be repealed on January 1, 2007) Sec. 2. Legislative intent. It is declared that there exists and
may in the future exist within the State of Illinois
locations where pesticides are received, stored,
formulated or prepared and subsequently used for the control
of structural pests, and improper selection, formulation and
application of pesticides may
adversely affect the public health and general welfare. It is further established that the use of certain pesticides is
restricted or may in the future be restricted to use only by or
under the supervision of persons certified in accordance with this Act. It is recognized that pests can best be controlled through an integrated
pest management program that combines preventive techniques, nonchemical
pest control methods, and the appropriate use of pesticides with preference
for products that are the least harmful to human health and the
environment. Integrated pest management is a good practice in the
management of pest populations,
and it is prudent to employ pest control strategies that are the least
hazardous to human health and the environment. Therefore, the purpose of this Act is to protect, promote and
preserve the public health and general welfare by providing for the
establishment of minimum standards for selection, formulation and
application of restricted pesticides and to provide for the
licensure of commercial structural pest control businesses,
the registration of persons who own or operate non‑commercial
structural pest control locations where restricted pesticides
are used, and the certification of pest control technicians. It is also the purpose of this Act to reduce economic, health, and
environmental risks by promoting the use of integrated
pest management for structural pest control in schools and day care centers,
by making
guidelines on integrated pest management available to schools and day care
centers. (Source: P.A. 93‑381, eff. 7‑1‑04.)
(225 ILCS 235/3)(from Ch. 111 1/2, par. 2203) (Section scheduled to be repealed on January 1, 2007) Sec. 3. Definitions. As used in this Act, unless the context
otherwise requires, the terms specified in Sections 3.01 through 3.27
have the meanings ascribed to them in those Sections. (Source: P.A. 93‑381, eff. 7‑1‑04.)
(225 ILCS 235/3.01)(from Ch. 111 1/2, par. 2203.01) (Section scheduled to be repealed on January 1, 2007) Sec. 3.01. "Department" means the Department of Public Health. (Source: P.A. 82‑725.)
(225 ILCS 235/3.02)(from Ch. 111 1/2, par. 2203.02) (Section scheduled to be repealed on January 1, 2007) Sec. 3.02. "Director" means the Director of Public Health. (Source: P.A. 82‑725.)
(225 ILCS 235/3.03)(from Ch. 111 1/2, par. 2203.03) (Section scheduled to be repealed on January 1, 2007) Sec. 3.03. "Person" means any individual, group of individuals,
association, trust, partnership, corporation, person doing business
under an assumed name, the State of Illinois, or department thereof,
any other state‑owned and operated institution, or any other entity. (Source: P.A. 82‑725.)
(225 ILCS 235/3.04)(from Ch. 111 1/2, par. 2203.04) (Section scheduled to be repealed on January 1, 2007) Sec. 3.04. "Commercial Structural Pest Control Business
Location" means any location at or from which any person
advertises or contracts to perform structural pest control
services for hire or where a person is
engaged or employed by that business to perform the services,
store materials, keep records, or perform other pertinent
activities, for the purpose of operating a structural pest
control business at that business location, but does not
include locations which exist solely for the purpose of
accepting telephone calls and messages on behalf of the licensee. (Source: P.A. 83‑825.)
(225 ILCS 235/3.05)(from Ch. 111 1/2, par. 2203.05) (Section scheduled to be repealed on January 1, 2007) Sec. 3.05. "Licensee" means a person licensed in accordance with this Act. (Source: P.A. 82‑725.)
(225 ILCS 235/3.06)(from Ch. 111 1/2, par. 2203.06) (Section scheduled to be repealed on January 1, 2007) Sec. 3.06. "Certified Technician" means an individual who has met the
qualifications set forth under Section 5 of this Act. (Source: P.A. 82‑725.)
(225 ILCS 235/3.07)(from Ch. 111 1/2, par. 2203.07) (Section scheduled to be repealed on January 1, 2007) Sec. 3.07. "Pests" include arthropods (insects, spiders, mites, ticks
and related pests), wood infesting organisms, rats, mice, nuisance birds
and any other obnoxious or undesirable animals in, on or under
structures, but does not include bacteria or other micro‑organisms on or
in living man or other living animals. (Source: P.A. 84‑362.)
(225 ILCS 235/3.08)(from Ch. 111 1/2, par. 2203.08) (Section scheduled to be repealed on January 1, 2007) Sec. 3.08. "Structure" means any edifice, building or other
constructed entity including the contents
therein, any patio or terrace connected thereto and the land on which it is situated,
and including any portion of land within the given proprietorship which
might constitute a potential harborage for pests which could affect the
edifice or building or its contents, any portion of land upon which work
has begun for the erection of an edifice, any vehicle used as a common carrier,
any dock, wharf, railroad siding or refuse area. (Source: P.A. 85‑227.)
(225 ILCS 235/3.09)(from Ch. 111 1/2, par. 2203.09) (Section scheduled to be repealed on January 1, 2007) Sec. 3.09. "Structural Pest Control" means and includes the on‑site
identification of an infestation in, on or under a structure or the
use of any method or device or the application of any substance to prevent,
repel, mitigate, curb, control or eradicate any pest in, on or under a
structure or within a part of, or materials used in building, a structure;
the use of any pesticide, including insecticides, fungicides and other
wood treatment products, attractants, repellents, rodenticides, fumigants
or mechanical devices for preventing, controlling, eradicating, identifying,
mitigating, diminishing or curbing insects, vermin, rats, mice or other pests in,
on or under a structure or within a part of, or materials used in
building, a structure; vault
fumigation and fumigation of box cars, trucks, ships,
airplanes, docks, warehouses and common carriers or soliciting to perform
any of the foregoing functions. (Source: P.A. 85‑227.)
(225 ILCS 235/3.11)(from Ch. 111 1/2, par. 2203.11) (Section scheduled to be repealed on January 1, 2007) Sec. 3.11. "Commercial Structural Pest Control Business" means any
business in the course of which any person advertises or contracts to
perform structural pest control services on property under the ownership
or control of another in exchange for any consideration. (Source: P.A. 82‑725.)
(225 ILCS 235/3.12)(from Ch. 111 1/2, par. 2203.12) (Section scheduled to be repealed on January 1, 2007) Sec. 3.12. "Non‑commercial Structural Pest Control" means
structural pest control performed by a person who is not,
and is not employed by, a commercial structural pest control business. (Source: P.A. 82‑725.)
(225 ILCS 235/3.13)(from Ch. 111 1/2, par. 2203.13) (Section scheduled to be repealed on January 1, 2007) Sec. 3.13. "Non‑commercial Structural Pest Control
Location" means any location from which a person, who is
not engaged in commercial structural pest control, performs
structural pest control activities which are confined to
structures directly associated with the activity, business,
product or service of such person. (Source: P.A. 82‑725.)
(225 ILCS 235/3.14)(from Ch. 111 1/2, par. 2203.14) (Section scheduled to be repealed on January 1, 2007) Sec. 3.14. "Restricted Pesticide" means any substance or
mixture of substances intended for preventing, destroying,
repelling, or mitigating any pest, the use of which has been
categorized as restricted under subparagraph (C) of paragraph
(l) of subsection (d) of Section 3 of the Federal
Insecticide, Fungicide, Rodenticide Act as amended or under
the Illinois Pesticide Act. (Source: P.A. 85‑177.)
(225 ILCS 235/3.15)(from Ch. 111 1/2, par. 2203.15) (Section scheduled to be repealed on January 1, 2007) Sec. 3.15. "Registrant" means a person registered in
accordance with the provisions of this Act. (Source: P.A. 82‑725.)
(225 ILCS 235/3.16)(from Ch. 111 1/2, par. 2203.16) (Section scheduled to be repealed on January 1, 2007) Sec. 3.16. "Supervision" means the direction and management
by certified personnel of the activities of non‑certified
personnel in use and storage of general use or restricted pesticides. (Source: P.A. 83‑1452.)
(225 ILCS 235/3.17)(from Ch. 111 1/2, par. 2203.17) (Section scheduled to be repealed on January 1, 2007) Sec. 3.17. "Sub‑category" means a specific area of pest
control in which a pest control technician may be separately
certified as specified by this Act or by rule promulgated thereunder. (Source: P.A. 82‑725.)
(225 ILCS 235/3.18)(from Ch. 111 1/2, par. 2203.18) (Section scheduled to be repealed on January 1, 2007) Sec. 3.18. "Planned Use Inspection" means an inspection of a certified
or non‑certified technician to observe the procedures for preparation,
application and disposal of pesticides to ensure that they are performed in
accordance with this Act, the "Illinois Pesticide Act", as amended, the
"Environmental Protection Act", as amended, the rules and regulations of
the Illinois Pollution Control Board, and other applicable State law. (Source: P.A. 85‑177.)
(225 ILCS 235/3.19)(from Ch. 111 1/2, par. 2203.19) (Section scheduled to be repealed on January 1, 2007) Sec. 3.19. "Label" means the written, printed or graphic matter on or
attached to the pesticide or device or any of its containers or wrappings. (Source: P.A. 83‑825.)
(225 ILCS 235/3.20)(from Ch. 111 1/2, par. 2203.20) (Section scheduled to be repealed on January 1, 2007) Sec. 3.20. "Labeling" means the label and all other written, printed
or graphic matters: (a) on the pesticide or device or any of its containers
or wrappings, (b) accompanying the pesticide or device or referring to it
in any other media used to disseminate information to the public, (c) to
which reference is made to the pesticide or device except when references
are made to current official publications of the U. S. Environmental Protection
Agency, Departments of Agriculture, Health and Human Services or other federal
Government institutions, the State experiment station or colleges of agriculture
or other similar state institutions authorized to conduct research in the
field of pesticides. (Source: P.A. 83‑825.)
(225 ILCS 235/3.21)(from Ch. 111 1/2, par. 2203.21) (Section scheduled to be repealed on January 1, 2007) Sec. 3.21. "FIFRA" means the "Federal Insecticide, Fungicide and Rodenticide Act". (Source: P.A. 83‑825.)
(225 ILCS 235/3.22)(from Ch. 111 1/2, par. 2203.22) (Section scheduled to be repealed on January 1, 2007) Sec. 3.22. "General Use Pesticide" means any substance or mixture of
substances intended for preventing, destroying, repelling or mitigating
any pest, as defined in Section 3.07 of this Act, the use of which has
been categorized as general under subparagraph
(B) of paragraph (l) of subsection (d) of Section
3 of FIFRA. (Source: P.A. 83‑1452.)
(225 ILCS 235/3.23)(from Ch. 111 1/2, par. 2203.23) (Section scheduled to be repealed on January 1, 2007) Sec. 3.23. "USEPA" means the United States Environmental Protection Agency. (Source: P.A. 83‑825.)
(225 ILCS 235/3.24)(from Ch. 111 1/2, par. 2203.24) (Section scheduled to be repealed on January 1, 2007) Sec. 3.24. "Device" means any instrument or contrivance, other than
a firearm or equipment for application of pesticides when sold separately
from pesticides, which is intended for trapping, repelling, destroying,
or mitigating any pest, other than bacteria, virus, or other microorganisms
on or living in man or other living animals. (Source: P.A. 83‑825.)
(225 ILCS 235/3.25)(from Ch. 111 1/2, par. 2203.25) (Section scheduled to be repealed on January 1, 2007) Sec. 3.25. "Integrated pest management" is defined as a pest management
system that includes the following elements: (a) identifying pests and their natural enemies; (b) establishing an ongoing monitoring and recordkeeping system for
regular sampling and assessment of pest and natural enemy populations; (c) determining the pest population levels that can be tolerated based
on aesthetic, economic, and health concerns, and setting action thresholds
where pest populations or environmental conditions warrant remedial action; (d) the prevention of pest problems through improved sanitation,
management of waste, addition of physical barriers, and the modification of
habitats that attract or harbor pests; (e) reliance to the greatest extent possible on nontoxic, biological,
cultural or mechanical pest management methods, or on the use of natural control agents; (f) when necessary, the use of chemical pesticides, with preference
for products that are the least harmful to human health and the environment; and (g) recordkeeping and reporting of pest populations, surveillance
techniques, and remedial actions taken. (Source: P.A. 87‑1106.)
(225 ILCS 235/3.26) (Section scheduled to be repealed on January 1, 2007) Sec. 3.26. "School" means any structure used as a public school in this
State. (Source: P.A. 91‑525, eff. 8‑1‑00.)
(225 ILCS 235/3.27) (Section scheduled to be repealed on January 1, 2007) (This Section may contain text from a Public Act with a delayed effective
date) Sec. 3.27. "Day care center" means any structure used as a licensed day care
center in this State. (Source: P.A. 93‑381, eff. 7‑1‑04.)
(225 ILCS 235/4)(from Ch. 111 1/2, par. 2204) (Section scheduled to be repealed on January 1, 2007) Sec. 4. Licensing requirements). (a) It shall be unlawful for any person
to engage in a commercial structural pest control business at any location
in this State after October 21, 1977, unless such person is licensed by
the Department. A person shall have a separate license for each commercial
structural pest control business location. It shall also be unlawful for
any person to engage in a commercial pest control business in Illinois from
any location outside this State unless such person is licensed by this Department.
The licensee may use its state identification number in all forms of advertising. (b) It shall be unlawful for any person who owns or operates a non‑commercial
structural pest control location to engage in non‑commercial structural
pest control using restricted pesticides in this State after October 21,
1977, unless registered by the Department. (c) No person shall be licensed or registered as a commercial
or non‑commercial structural pest control business at any
location without complying with the certification requirements as prescribed
in Section 5 of this Act. (d) If a licensee or registrant changes its location of operation during
the year of issuance, the Department shall be notified in writing of the
new location within 15 days. The license or registration shall be surrendered
and a replacement issued for a fee of $10. (e) All licenses and registrations issued under this Act shall expire
on December 31 of the year issued, except that an original license or registration
issued after October 1 and before December 31 shall expire on December 31
of the following year. A license or registration may be renewed by making
application on a form prescribed by the Department and by paying
the fee required by this Act. Renewal applications shall be filed with
the Department prior to December 1 of each year. (f) No license or registration shall be transferable from one person to another. (Source: P.A. 83‑825.)
(225 ILCS 235/5)(from Ch. 111 1/2, par. 2205) (Section scheduled to be repealed on January 1, 2007) Sec. 5. Certification requirements. No individual shall apply any
general use or restricted pesticide while engaged in commercial structural
pest control in this State unless certified, or supervised by someone who
is certified, by the Department in accordance with this Section. No individual shall apply any restricted pesticide while engaged in
non‑commercial structural pest control in this State unless certified, or
supervised by someone who is certified, by the Department in accordance
with this Section. In addition, any individual at any non‑commercial
structural pest control location using general use pesticides shall comply
with the labeling requirements of the pesticides used at that location. Each commercial structural pest control location shall be required to
employ at least one certified technician at each location. In addition,
each non‑commercial structural pest control location utilizing restricted
pesticides shall be required to employ at least one certified technician at
each location. Individuals who are not certified technicians may work
under the supervision of a certified technician employed at the commercial
or non‑commercial location who shall be responsible for their pest control
activities. Any technician providing supervision for the use of restricted
pesticides must be certified in the sub‑category for which he is providing
supervision. A. Any individual engaging in commercial structural pest control and
utilizing general use pesticides shall meet the following requirements: 1. He has a high school diploma or a GED certificate; 2. He has filed an original application, paid the
fee required for examination, and successfully passed the General Standards examination.
B. Any individual engaging in commercial or non‑commercial structural
pest control and utilizing restricted pesticides in any one of the
sub‑categories in Section 7 of this Act shall meet the following requirements: 1. He has a high school diploma or a GED certificate; 2. He has: a. six months of practical experience in one or
more sub‑categories in structural pest control; or
b. successfully completed a minimum of 16
semester hours, or their equivalent, in entomology or related fields from a recognized college or university; or
c. successfully completed a pest control course,
approved by the Department, from a recognized educational institution or other entity.
Each applicant shall have filed an original application and paid the
fee required for examination. Every applicant who successfully passes the
General Standards examination and at least one sub‑category examination
shall be certified in each sub‑category which he has successfully passed. A certified technician who wishes to be certified in
sub‑categories for which he has not been previously certified
may apply for any sub‑category examination provided he meets the
requirements set forth in this Section, files an original application,
and pays the fee for examination. An applicant who fails to pass the General Standards examination
or any sub‑category examination may reapply for that examination, provided
that he files an application and pays the fee required for an original
examination. Re‑examination applications shall be on forms prescribed
by the Department. (Source: P.A. 87‑703.)
(225 ILCS 235/5.01)(from Ch. 111 l/2, par. 2205.01) (Section scheduled to be repealed on January 1, 2007) Sec. 5.01. Upon the payment of the required fee, an applicant
who is certified in another state, may, without examination, be
granted a certificate as a certified structural pest control
technician by the Department in those sub‑categories for which
he has been certified by another state, provided that the
Department finds that the requirements for certification of
structural pest control technicians in that state were, at the
date of certification, substantially equal to the requirements
then in force in this State and provided that the same
privilege of certification is similarly granted by said
state to technicians certified by the State of Illinois. (Source: P.A. 82‑725.)
(225 ILCS 235/5.02)(from Ch. 111 1/2, par. 2205.02) (Section scheduled to be repealed on January 1, 2007) Sec. 5.02. Upon submission of an application and the required fee, a structural
pest control technician certified or licensed as a structural pest control
technician by another state is eligible for and may be issued
an Illinois structural pest control technician's certificate upon successful
completion of the examination administered in accordance with the provisions
of this Act, provided that the state in which the applicant is certified
or licensed has license or certification requirements substantially equal
to those of the State of Illinois and does not have a reciprocal agreement
with the State of Illinois. (Source: P.A. 82‑725.)
(225 ILCS 235/6)(from Ch. 111 1/2, par. 2206) (Section scheduled to be repealed on January 1, 2007) Sec. 6. Certificate renewal). A certified technician's
certificate shall be valid for a period of 3 years and must be
renewed by January 1 of each third year. A certificate may be
renewed by application upon a form prescribed by the Department,
provided that the certified technician furnishes evidence that
he has attended during the 3 year period,
a minimum of 9 classroom hours, in increments of 3 hours or more, of training at Department approved pest control training seminars and pays
the fee required by this Act. Renewal applications shall be
filed with the Department prior to December 1 preceding the date
of expiration. Certified technician's certificates are not transferable from
one person to another person, and no licensee or registrant
shall use the certificate of a certified technician to secure
or hold a license or registration unless the holder of such
certificate is actively engaged in the direction of pest
control operations of the licensee or registrant. A certified technician who has not renewed his certificate for
a period of not more than one year after its
expiration may secure a renewal upon payment of the renewal fee, late filing charge
and the furnishing of evidence of training as may
be required by the Department. If a technician has not renewed
his certificate for a period of more than one year after its
expiration, he shall file an application for examination, pay
all required fees, and successfully pass the examination before
his certificate is renewed. (Source: P.A. 93‑922, eff. 1‑1‑05.)
(225 ILCS 235/7)(from Ch. 111 1/2, par. 2207) (Section scheduled to be repealed on January 1, 2007) Sec. 7. Written examination required). Applications for examination
shall be in the form prescribed by the Department and shall be
accompanied by the required fee. The Department shall conduct
written examinations at least 4 times each year and may require a
practical demonstration by each applicant.
The written examination shall be prepared from suggested study materials. All applicants shall be tested and required to attain a passing grade
on a General Standards examination which evaluates their general
knowledge of
label and labeling comprehension, safety, environment, equipment,
application techniques, laws and regulations, and pests and pesticides.
Applicants who pass the General Standards examination may also, if
qualified, be examined in any one or more of the
other sub‑categories
in which they desire to use restricted pesticides: (a) Insects (excluding termites and other wood
destroying organisms), rodents and other pests including those pests in food
manufacturing, food processing, food storage and grain handling; (b) Termites and other wood destroying organisms; (c) Bird control; (d) Fumigation; (e) Food manufacturing, food processing and food storage facilities; (f) Institutional and multi‑unit residential housing pest control; (g) Public health pest control; and (h) Wood products pest control, which includes the application of
restricted use wood treatment pesticides by individuals working for
commercial wood treatment companies or non‑commercial wood
treatment plants using pressure, as well as nonpressure, treatment methods
to control or prevent wood degradation by wood destroying organisms which
include but are not limited to insects, and by fungi or bacteria which
cause surface molding, surface staining, sap staining, brown rot, white rot
and soft rot. An applicant who is examined and certified in sub‑categories (a),
(b), (c), (d) and (h) shall be qualified to use restricted pesticides in
performing structural pest control activities in commercial and
non‑commercial structural pest control in those sub‑categories in which
he has been certified. An applicant who is examined and certified in sub‑categories (e),
(f), or (g) shall be permitted to apply restricted pesticides only to
structures of the non‑commercial structural pest control registrant of
which he is an employee. (Source: P.A. 85‑227.)
(225 ILCS 235/8)(from Ch. 111 1/2, par. 2208) (Section scheduled to be repealed on January 1, 2007) Sec. 8. Change of certified technician). When the
licensee or registrant is without a certified technician
the licensee or registrant shall notify the Director in writing within 7
days
and shall employ a technician certified in accordance with Section 5 of
this Act no later than 45 days from the time the position of
certified technician becomes vacant. All structural pest control operations shall be
suspended until such time that the licensee or registrant obtains the
services of a certified technician. (Source: P.A. 84‑362.)
(225 ILCS 235/9)(from Ch. 111 1/2, par. 2209) (Section scheduled to be repealed on January 1, 2007) Sec. 9. Fees and required insurance. The fees required by this Act
are as follows: (a) For an original license and each renewal ‑ $100. (b) For an original registration and each renewal ‑
$50.
(c) For each certificate renewal ‑ $40. (d) For an application for examination including an
original certificate ‑ $40.
(e) Any person who fails to file a renewal
application by the date of expiration of a license, certification or registration shall be assessed a late filing charge of $75.
(f) For duplicate copies of certificates, licenses
or registrations ‑ $10.
All fees shall be paid by check or money order. Any fee required by this
Act is not refundable in the event that the original application or
application for renewal is denied. Every application for an original
license shall be accompanied by a certificate of insurance issued by an
insurance company authorized to do business in the State of Illinois or by
a risk retention or purchasing group formed pursuant to the federal
Liability Risk Retention Act of 1986, which provides primary, first dollar
public liability coverage of the applicant or licensee for personal
injuries for not less than $100,000 per person, or $300,000 per occurrence,
and, in addition, for not less than $50,000 per occurrence for property
damage, resulting from structural pest control. The insurance policy shall
be in effect at all times during the license year and a new certificate of
insurance shall be filed with the Department within 30 days after the
renewal of the insurance policy. Applicants for registration or
registration renewal shall not be required to provide evidence of public
liability insurance coverage. All administrative civil fines and fees collected pursuant to this
Act shall be deposited into the Pesticide Control Fund established pursuant
to the Illinois Pesticide Act. The amount annually collected as
administrative civil fines and fees shall be appropriated by the
General Assembly to the Department for the purposes of conducting a public
education program on the proper use of pesticides and for other activities
related to enforcement of this Act and the Illinois Pesticide Act. (Source: P.A. 87‑703.)
(225 ILCS 235/10)(from Ch. 111 1/2, par. 2210) (Section scheduled to be repealed on January 1, 2007) Sec. 10. Powers and duties of the Department). The Department has
the following powers and duties: (a) To prescribe and furnish application forms, licenses,
registrations, certificates and any other forms necessary
under this Act; (b) To suspend, revoke or refuse to issue or renew
registrations, licenses or certificates for cause; (c) To prescribe examinations which reasonably test the knowledge of
the practical and scientific aspects of structural pest control of an
applicant for certification as a certified technician; (d) To conduct hearings concerning the suspension, revocation or
refusal to issue or renew certificates, registrations or licenses; (e) To promulgate rules and regulations necessary for the
administration of this Act; (f) To prohibit the use of specific materials and methods in the
application of pesticides when necessary to protect health and property
or prevent injury to desirable plants and animals, including
pollinating insects, birds and aquatic life. In issuing such
regulations, the Director shall give consideration to pertinent
research findings and to recommendations of other agencies of
the State and of the Federal government; (g) To conduct inspections, which may include planned use inspections,
during business hours, the purpose
of which shall be reduced to writing, to determine satisfactory
compliance with this Act, after consent of the person, licensee or
registrant has been obtained or after an order for such
inspection has been issued by the court; (h) To cause investigations to be made when the Department has
reasonable grounds for believing that a violation of any
provision of this Act or rules or regulations promulgated
thereunder has occurred or is occurring; and (i) To conduct a public education program to improve citizen awareness
and participation in the reporting of pesticide misuse to better protect
the public from such dangerous chemicals. Such program shall include, as a
minimum, the dissemination of information to the public and the news media
on the requirements of this Act and the Illinois Pesticide Act and
the methods of reporting cases of
improper pesticide application and use to the Department. (Source: P.A. 85‑177.)
(225 ILCS 235/10.1)(from Ch. 111 1/2, par. 2210.1) (Section scheduled to be repealed on January 1, 2007) Sec. 10.1. Structural Pest Control Advisory Council. The Governor shall
appoint a Structural Pest Control Advisory Council consisting of 10 members
to consult with and advise the Department. Their functions shall be to advise
the Department in the preparation of rules necessary to carry out the
provisions of the Act, offer suggestions for examination questions,
provide suggestions for the efficient administration of the Act, develop
criteria for issuance of administrative fines, and perform other duties as
may be prescribed by the Director. Membership on the council shall be as
follows: (a) One member shall be an Illinois certified
technician representing the food industry.
(b) One member shall be an Illinois certified
technician representing a noncommercial industry other than the food industry but regulated under this Act.
(c) Three members shall be Illinois certified
technicians representing the commercial structural pest control industry. To the extent possible, these 3 members shall represent a geographical balance in the State.
(d) One member shall be a representative of a local
health department.
(e) One member shall be a representative of an
Illinois college or university with expertise in entomology, biology, or chemistry as it relates to structural pest control.
(f) One member shall be a member of the general
public.
(g) One member shall be a representative of an
Illinois chapter of a national environmental, wildlife, or conservation group or association.
(h) One member shall be a representative of the
Illinois Department of Agriculture.
The term of office for each member of the council shall be 4 calendar
years with no representative serving more than 2 consecutive terms. The Council shall be chaired by the Director, or his or her authorized
representative, and shall meet at least twice annually, or whenever a
majority of the council members vote to hold a meeting to discuss their
duties as previously indicated. (Source: P.A. 87‑703.)
(225 ILCS 235/10.2)(from Ch. 111 1/2, par. 2210.2) (Section scheduled to be repealed on January 1, 2007) Sec. 10.2. Integrated pest management guidelines. (a) The Department shall prepare guidelines for an integrated pest
management program for structural pest control practices at school
buildings and other school facilities and day care centers. Such guidelines
shall be made
available to schools, day care centers and the public upon request. (b) When economically feasible, each school and day care center is
required to adopt an
integrated pest
management
program that incorporates the guidelines developed by the Department.
If adopting an integrated pest management program would not be economically
feasible because it would result in an increase in the school's or day care
center's pest control
cost, the school district or day care center must provide written
notification to the Department.
The notification must include projected pest control costs for the term of the
pest control program and projected costs for implementing integrated pest
management for that same time period. The Department shall make this
notification available to the general public upon request. In
implementing an integrated pest management program, a school or day care
center employee should be
designated to assume
responsibility for the oversight of pest management practices in that
school or day care center and for recordkeeping requirements. (c) The Structural Pest Control Advisory Council shall assist the
Department in developing the guidelines for integrated pest management
programs. In developing the guidelines, the Council shall consult with
individuals knowledgeable in the area of integrated pest management. (d) The Department, with the assistance of the Cooperative Extension
Service and other relevant agencies, may prepare a training program for
school or day care center pest control specialists. (Source: P.A. 93‑381, eff. 7‑1‑04.)
(225 ILCS 235/10.3) (Section scheduled to be repealed on January 1, 2007) Sec. 10.3. Notification. School districts and day care centers must
maintain a registry of
parents and guardians of students and employees who have registered to receive
written
notification prior to application of pesticides to school property or day
care centers or provide
written notification to all parents and guardians of students before such
pesticide application. Written notification may be included in newsletters,
bulletins, calendars, or other correspondence currently published by the school
district or day care center. The written notification must be given at
least 2 business days
before application of the pesticide application and should identify the
intended date of the application of the pesticide and the name and telephone
contact number for the school or day care center personnel
responsible for
the pesticide
application program. Prior written notice shall not be required if there is an
imminent threat to health or property. If such a situation arises, the
appropriate school or day care center personnel must sign a statement
describing the circumstances
that gave rise to the health threat and ensure that written notice is provided
as soon as practicable. For purposes of this Section, pesticides subject to
notification requirements shall not include (i) an antimicrobial agent, such as
disinfectant, sanitizer, or deodorizer, or (ii) insecticide baits and
rodenticide
baits. (Source: P.A. 93‑381, eff. 7‑1‑04.)
(225 ILCS 235/12)(from Ch. 111 1/2, par. 2212) (Section scheduled to be repealed on January 1, 2007) Sec. 12. Subject to the requirement for
public hearings as hereinafter provided, the Department shall
promulgate, publish, and adopt, and may from time to time after public hearing amend
such rules and regulations as may be necessary for the proper
enforcement of this Act, to protect the health and safety of the public
and may, when necessary, utilize the services of any other state
agencies to assist in carrying out the purposes of this Act. The
Department shall hold a public hearing on all proposed rules and
regulations. (Source: P.A. 82‑725.)
(225 ILCS 235/13)(from Ch. 111 1/2, par. 2213) (Section scheduled to be repealed on January 1, 2007) Sec. 13. Violations of the Act. It is a violation of this Act and the
Department may suspend, revoke or refuse to issue or renew any certificate,
registration or license, in accordance with Section 14 of this Act, upon
proof of any of the following: (a) Violation of this Act or any rule or regulation promulgated hereunder. (b) Conviction of a certified technician, registrant, or licensee of a
violation of any provision of this Act or of pest control laws in any other
state, or any other laws or rules and regulations adopted thereto relating
to pesticides. (c) Knowingly making false or fraudulent claims, misrepresenting the effects
of materials or methods or failing to use methods or materials suitable
for structural pest control. (d) Performing structural pest control in a careless or negligent
manner so as to be detrimental to health. (e) Failure to supply within a reasonable time, upon request from the
Department or its authorized representative, true information regarding
methods and materials used, work performed or other information essential
to the administration of this Act. (f) Fraudulent advertising or solicitations relating to structural pest control. (g) Aiding or abetting a person to evade any provision of this Act,
conspiring with any person to evade provisions of this Act or allowing a
license, permit, certification or registration to be used by another person. (h) Impersonating any federal, state, county or city official. (i) Performing structural pest control, utilizing or authorizing the use
or sale of, pesticides which are in violation of the FIFRA, or the Illinois
Pesticide Act. (Source: P.A. 85‑177.)
(225 ILCS 235/14)(from Ch. 111 1/2, par. 2214) (Section scheduled to be repealed on January 1, 2007) Sec. 14. Suspension, revocation or refusal to renew license, registration
or certification. (a) Whenever the Department determines that there are
reasonable grounds to believe that there has been violation of any provision
of this Act or the rules or regulations issued hereunder, the Department
shall give notice of the alleged violation to the person to whom the license,
registration or certificate was issued, as herein provided. Such notice shall: (1) be in writing; (2) include a statement of the alleged violation which necessitates
issuance of the notice; (3) contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this Act and the rules and regulations
issued hereunder; (4) prescribe a reasonable time as determined by the Department for
the performance of any action required by the notice; and (5) be served upon the licensee, registrant or certified technician
as the case may require, provided that such notice shall be deemed to have
been properly served upon the person when a copy thereof has been sent by
registered or certified mail to his last known address as furnished to the
Department or when he has been served with such notice by any other method
authorized by law. (b) If the person to whom the notice is served does not comply with
the terms of the notice within the time limitations specified in the notice,
the Department may proceed with action to suspend, revoke or refuse to issue
a license, registration or certificate as provided in this Section. Other
requirements of this Act to the contrary notwithstanding, when the Department
determines that reasonable grounds exist to indicate that a violation of
this Act has been committed which is the third separate violation by that
person in an 18‑month period, the Department shall not be required to issue
notice as required by subsection (a) of this Section but may proceed immediately
with action to suspend, revoke or
refuse to issue a license, registration or certificate. (c) In any proceeding to suspend, revoke or refuse to issue a license,
registration or certificate, the Department shall first serve or cause to
be served upon the person violating this Act or the rules or regulations
promulgated under this Act a written notice of the Department's intent to
take action. The notice shall specify the way in which the person has failed
to comply with this Act or any rules, regulations or standards of the Department.
In the case of revocation or suspension, the notice shall require the person
to remove or abate the violation or objectionable condition specified in
the notice within 5 days or within a longer period of time as the Department
may allow. If the person fails to comply with the terms and conditions
of the revocation or suspension notice within the time specified or the
time extension allowed by the Department, the Department may revoke or suspend
the license, registration or certification. In the case of refusal to issue
a license, registration or certification, if the person fails to comply
with the Act or rules, regulations or standards promulgated under the Act,
the Department may refuse to issue a license, registration or certification. (Source: P.A. 82‑725.)
(225 ILCS 235/15)(from Ch. 111 1/2, par. 2215) (Section scheduled to be repealed on January 1, 2007) Sec. 15. Administrative hearing. The Department shall give
written notice by certified or registered mail to any
applicant, licensee, registrant or certified technician
of the Department's intent to suspend, revoke, or refuse to issue a
license, registration, or certificate or to assess a fine. Such person
has a right to a hearing before the Department; however, a written
notice of a request for such a hearing shall be served on the
Department within 10 days of notice of such refusal, suspension, or
revocation of a license, registration, or certification, or imposition
of a fine. The hearing shall be conducted by the
Director, or a Hearing Officer designated in writing by the
Director, to conduct the hearing. A stenographic record shall
be made of the hearing and the cost borne by the Department;
however, a transcription of the hearing will be made only if a
person requests and shall be transcribed at the cost of such person. The hearing shall be conducted at such place as designated by the
Department. (Source: P.A. 87‑703.)
(225 ILCS 235/16)(from Ch. 111 1/2, par. 2216) (Section scheduled to be repealed on January 1, 2007) Sec. 16. Subpoena powers of Department or hearing officer). The Director
of Hearing Officer may compel by subpoena or subpoena duces tecum the attendance
and testimony of witnesses and the production of books and papers and administer
oaths to witnesses. All subpoenas issued by the Director or Hearing Officer
may be served as provided for in a civil action. The fees of witnesses
for attendance and travel shall be the same as the fees for witnesses before
the circuit court and shall be paid by the party to such proceeding at whose
request the subpoena is issued. If such subpoena is issued at the request
of the Department, the witness
fee shall be paid as an administrative expense. In the cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully examined,
the circuit court of the county where the hearing is held, upon application
of any party to the proceeding, may compel obedience
by proceeding as for contempt. (Source: P.A. 83‑334.)
(225 ILCS 235/17)(from Ch. 111 1/2, par. 2217) (Section scheduled to be repealed on January 1, 2007) Sec. 17. Deposition of witnesses; testimony at hearing recorded). In
the event of the inability of any party,
or the Department, to procure the attendance of witnesses to give testimony
or produce books and papers,
such party or the Department may take the deposition of witnesses in accordance with
the laws of this State. All testimony taken at a hearing shall be reduced to writing,
and all such testimony and other evidence introduced at the hearing shall be a part
of the record of the hearing. (Source: P.A. 82‑725.)
(225 ILCS 235/19)(from Ch. 111 1/2, par. 2219) (Section scheduled to be repealed on January 1, 2007) Sec. 19. Certification of record). The Department is not required to
certify any record or file
any answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the court the sum of
$1 per page representing costs of such certification. Failure on the
part of the plaintiff to make such deposit shall be grounds for dismissal
of the action. (Source: P.A. 82‑725.)
(225 ILCS 235/20)(from Ch. 111 1/2, par. 2220) (Section scheduled to be repealed on January 1, 2007) Sec. 20. Injunction). The performance of structural pest control or the operation
of a business location as defined in Section 3 of this Act within this State in
violation of this Act or the rules and regulations promulgated hereunder is declared
a nuisance and inimical to the public health, welfare and safety and a
deceptive business practice. The Director, in the
name of the people of the State, through the Attorney General or the State's Attorney
of the county in which such violation occurs may, in addition to other remedies herein
provided, bring an action for an injunction to restrain such violation or enjoin
the future performance of structural pest control or the operating of a business
location until compliance with the provisions of this Act has been obtained. (Source: P.A. 83‑825.)
(225 ILCS 235/21)(from Ch. 111 1/2, par. 2221) (Section scheduled to be repealed on January 1, 2007) Sec. 21. Penalty). Any person who violates this Act or any rule or regulation
adopted by the Department, or who violates any determination or order of the
Department under this Act shall be guilty of a Class A misdemeanor and shall be
fined a sum not less than $100. Each day's violation constitutes a separate offense. The State's Attorney
of the county in which the violation occurred or the Attorney General shall bring
such actions in the name of the people of the State of Illinois. (Source: P.A. 82‑725.)
(225 ILCS 235/21.1)(from Ch. 111 1/2, par. 2221.1) (Section scheduled to be repealed on January 1, 2007) Sec. 21.1. Administrative Civil Fines. The Department is empowered to
assess administrative civil fines against a licensee, registrant or
certified technician for violations of this Act or its rules and
regulations. These fines shall be established by the Department by rule and
may be assessed in addition to, or in lieu of, license, registration, or
certification suspensions and revocations. Rules to implement this Section
shall be proposed by the Department by January 1, 1993. The amount of these fines shall be determined by the hearing officer upon
determination that a violation or violations of the Act or rules has
occurred. Any fine assessed and not paid within 60 days of notice from the
Department may be submitted to the Attorney General's Office for
collection. Failure to pay a fine shall also be grounds for immediate
suspension or revocation of a license, registration, or certification
issued under this Act. (Source: P.A. 87‑703.)
(225 ILCS 235/22)(from Ch. 111 1/2, par. 2222) (Section scheduled to be repealed on January 1, 2007) Sec. 22. Scope of Act). The provisions of this Act apply to any
structural pest control operations performed by the State or agency
thereof. However, the State or agency thereof or any unit of local
government shall not be required to pay any fees, nor shall the employees
thereof be required to pay any fees for examination, certification or renewal
of certification in the sub‑categories of either (f) or (g) specified in
Section 7 of this Act. This Act does not apply to any person certified by the Illinois
Department of Agriculture to use restricted pesticides in structures on
his own individual property. (Source: P.A. 82‑725.)
(225 ILCS 235/23)(from Ch. 111 1/2, par. 2223) (Section scheduled to be repealed on January 1, 2007) Sec. 23. Judicial review of final administrative decision). The Administrative
Review Law, as amended, and the rules adopted under the Administrative Review
Law, apply to and govern all proceedings for judicial review of final administrative
decisions of the Department under this Act. Such judicial review shall be
had in the circuit court of the county in which the cause of action arose.
The term "Administrative decision" is defined as in Section 3‑101 of the
Code of Civil Procedure. (Source: P.A. 82‑783.)
(225 ILCS 235/23.1)(from Ch. 111 1/2, par. 2223.1) (Section scheduled to be repealed on January 1, 2007) Sec. 23.1. The provisions of the Illinois Administrative Procedure
Act are hereby expressly adopted and shall apply to all administrative rules
and procedures of the Department of Public Health under this Act, except that
in case of conflict between the Illinois Administrative Procedure Act and this
Act the provisions of this Act shall control, and except that Section 5‑35 of
the Illinois Administrative Procedure Act relating to procedures for
rule‑making does not apply to the adoption of any rule required by federal law
in connection with which the Department is precluded by law from exercising any
discretion. (Source: P.A. 88‑45.)
(225 ILCS 235/24)(from Ch. 111 1/2, par. 2224) (Section scheduled to be repealed on January 1, 2007) Sec. 24. Severability clause). If any part of this Act is adjudged invalid,
such adjudication
shall not affect the validity of the Act as a whole or of any other part. (Source: P.A. 82‑725.)
(225 ILCS 235/25)(from Ch. 111 1/2, par. 2225) (Section scheduled to be repealed on January 1, 2007) Sec. 25. The provisions of "The Illinois Administrative
Procedure Act", approved September 22, 1975, are hereby
expressly adopted and shall apply to all administrative rules
and procedures of the Department of Public Health under this Act. (Source: P.A. 82‑725.)
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