2014 iplca turf education day chicago botanic garden, glencoe, il september 12, 2014
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Nutrient Management and Pesticide Regulations: Where are we today and what may be coming in the future?. 2014 IPLCA Turf Education Day Chicago Botanic Garden, Glencoe, IL September 12, 2014 Warren D. Goetsch. P.E. Illinois Department of Agriculture. Pesticide licensure requirements - PowerPoint PPT PresentationTRANSCRIPT
Nutrient Management and Pesticide Regulations: Where are we today
and what may be coming in the future?
2014 IPLCA Turf Education DayChicago Botanic Garden, Glencoe, IL
September 12, 2014
Warren D. Goetsch. P.E.Illinois Department of Agriculture
Pesticide licensure requirements
2014 Pesticide Misuse Complaints
Nutrient Management & the Loss Reduction Strategy
Pesticide licensureThe 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 LicensureRequired 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 licensureApplicator – 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
5 license typesPrivateDealerCommercialCommercial Not-For-HirePublic
Pesticide licensure17 licensure categories
Aquatic Plant ManagementDemonstration & Research RegulatoryField Crop Right-of-wayForest Sewer line root
controlFruit Seed treatmentGrain Facility Soil fumigationLivestock TurfMosquito Vegetable CropOrnamental
Pesticide licensureTwo step process – certification and licensureCertification – 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
NotificationPlacement of Markers following application
to lawns
Applications to school or day care center grounds – Registry of parents and guardians
Lawn MarkersImmediately 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 Markers4” by 5” sign - white in colorLettering 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
RegistryWhen 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.
RegistryApplies 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 NotificationMay 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 requirementsGolf course provisions – blanket posting procedurePrior 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 - 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.
Pesticide Misuse Complaints
Misuse Case ProcessDepartment receives formal complaintField representative assignedSite visit conductedComplainant and respondent interviewedApplication records checkedPossible samples collected & lab analysisReport submitted to headquarters office for
reviewEnforcement 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
2012 Misuse Complaint Investigation Status – 94 cases
52 cases closed
40 warning letters issued
4 administrative hearings scheduled
• One $750 fine for misuse• One $500 fine for license violation• Two $250 fines for Lawncare Act violations
2013 Misuse Complaint Investigation Status – 117 cases
69 cases closed
35 warning letters issued
18 administrative hearings scheduled
• 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
2014 Misuse Complaint Investigation Status – 124 y-t-d
40 cases closed – “no misuse”
35 warning letters issued
5 administrative hearings scheduled
• One $750 fine for misuse• Three $500 fines for license violations• One $500 fine for Lawn Care Act violation
Nutrients, what’s new & next?
Gulf Hypoxia
Nutrient Criteria and Water Quality Standards
Federal Programs & Litigation
36
HypoxiaDissolved oxygen levels
below 2 ppm
Caused by stratification of water column and decomposition of organic materials (algae)
Excess algal growth caused by excess nutrients
37
30.0
29.0
29.5
93.5
28.5
92.5 89.590.591.5
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
TerrebonneBay
Atchafalaya RL.Calcasieu
Mississippi RSabine L.
>75%>50%>25%<25%
50 km
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force
Task Force began in late 1990sIntegrated Assessment2001 Action PlanReassessment / USEPA Science Advisory
Panel2008 Action Plan
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force
Overall BasinSub-Basin Groups
UMRESHNCOhioLower Mississippi
State Level Plans identified in 2008 Action Plan
Mississippi River/Gulf of Mexico Watershed Nutrient Task Force3 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 ForcePrincipals
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; andProvide measurable outcomes as outlined below in
the three goals and eleven actions.
Illinois Strategy DevelopmentPolicy work group made up of various
stakeholders includingWaste Water Treatment Works representativesEnvironmental advocate organizationsAgricultural organizationsState government agency representativesUniversity of Illinois researchersFederal government representatives
Meet monthly over a 12 month period beginning in the summer of 2013
Illinois Strategy DevelopmentScience Assessment – Dr. Mark David, et al.
Describes current conditionsIdentifies critical watershedsIdentifies agricultural practices and nutrient
losses by major land resource area (MLRA)Lists possible point source reductions with
resulting cost estimatesOutlines possible non-point source nutrient
losses with cost estimatesLists statewide scenarios with associated costsConclusions
Illinois Statewide Nutrient Loss Reduction StrategyThree 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 DevelopmentGoals and Milestones
GOAL = 45% reduction in the annual loading of nitrate-nitrogen and phosphorus compared to 1980-1996 (baseline conditions)
Milestones Nitrate-nitrogen 15% by 2025 Phosphorus 25% by 2025
Illinois Statewide Nutrient Loss Reduction StrategyAgriculture Subcommittee
Representatives from numerous interest groups Agriculture Environmental NGOs Waste water organizations State and federal government University researchers
Met three times as a subcommitteeProvided 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 initiativeNREC
Illinois Statewide Nutrient Loss Reduction Strategy
Illinois Statewide Nutrient Loss Reduction Strategy
Illinois Statewide Nutrient Loss Reduction Strategy
Illinois Statewide Nutrient Loss Reduction Strategy
Point Source Strategies
TMDLs and Waste Load Allocations for point sources
NPDES Permit Limits – 1 mg/l total phosphorus
Watershed Planning EffortsWater Quality Standards
Non-Point Source Strategies – Nitrate-NReducing N rateNitrification inhibitorSplit applicationsCover cropsBioreactorsWetlandsBuffersPerennial/energy crops
Non-Point Source Strategies – Total P
Convert to reduced, mulch or no-tillReducing P rate on field with high P soil testCover cropsWetlandsBuffersPerennial/energy crops
Illinois Statewide Nutrient Loss Reduction Strategy
Education and Outreach recommendations focus on the 4 Rs of nutrient management
Right fertilizer source at theRight rate at theRight time in theRight 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,
andLimitations 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
We Cannot Afford this Perception..
Pesticide licensure requirements
2014 Pesticide Misuse Complaints
Nutrient Management Issues & the Loss Reduction Strategy
Questions……….