Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 830 - STRUCTURAL PEST CONTROL CODE › Subpart A - GENERAL PROVISIONS › Section 830.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to the definitions contained in the Structural
				  Pest Control Act, the following definitions shall apply:
"Act" means the Structural Pest Control Act.
"Active ingredient" means any ingredient that will prevent,
				  destroy, repel, control or mitigate a pest.
"Applicant" means any person making an application for a
				  license, registration, examination or certification.
"Back flow preventer or vacuum breaker device" means a
				  device, approved by the Illinois Plumbing Code, used to prevent backflow or
				  backsiphonage of contaminated water or liquid into a water supply
				  system.
"College or university course in related field" means three
				  semester hours or four quarter hours of a college course in biological
				  sciences, physics or chemistry.
"Community Water System" means a public water
				  system
that
serves at least 15 service connections used by
				  residents or regularly serves at least 25 residents for at least 60 days per
				  year.
(Section 9(a)(1) of the Illinois Groundwater Protection
				  Act)
"Crack and crevice treatment" means the application of small
				  amounts of a pesticide directly into a crack, crevice, expansion joint, between
				  different elements of construction, between equipment and floors, or into an
				  opening that leads into voids such as hollow walls, equipment legs and bases,
				  conduits, motor housings, junction or switch boxes, where insects may be
				  present.
"Department" means the Illinois Department of Public
				  Health.
"Director" means the Director of the Illinois Department of
				  Public Health or his or her designee.
"Existing storage unit" means a storage unit that was in
				  operation or for which construction began on or before the effective date of a
				  minimum setback zone, maximum setback zone, or regulated recharge area
				  affecting the storage unit.
"File a renewal application" means the process of completing
				  the renewal form and submitting it to the Department along with the applicable
				  renewal fee as set forth in Section 9 of the Act. Evidence shall be either
				  attached to the renewal form or on file with the Department that indicates that
				  the license, certification or registration renewal requirements of Sections
				  4(e) and 6 of the Act and Sections
				  830.180
				  and
				  830.200
				  have been met.
"Food area" means an area where food is handled, received,
				  packaged, held, processed, prepared, or served.
"Groundwater" means underground water
that
occurs within the saturated zone and geologic materials where the fluid
				  pressure in the pore space is equal to or greater than atmospheric
				  pressure.
(Section 3(g) of the Illinois Groundwater Protection Act
				  )
"Insurance company authorized to transact business" means an
				  insurance company that has been issued a Certificate of Authority by the
				  Director of the Department of Insurance.
"Licensee" means any person who has a valid commercial
				  structural pest control business license.
"Method" means any action or procedure used to determine the
				  presence or absence of a pest.
"Pest control course" means an educational program that
				  addresses the basic theoretical or practical knowledge of pesticides and their
				  application, approved by the Department pursuant to Subpart D, and is
				  equivalent to six months of experience for original certification.
"Pest control specialist" means a person who has a degree
				  from a recognized college or university in one or more fields related to
				  structural pest control or pesticides or has a specialized area of interest
				  pertaining to chemical manufacturing or research, chemistry, entomology, or
				  environmental sanitation and engineering.
"Pest control training seminar" means a recertification
				  training program that provides the technical and legal aspects of present
				  structural pest control technology, approved by the Department pursuant to
				  Subpart E.
"Potable" means generally fit for human consumption
				  in accordance with accepted water supply principles and practices.
(Section 3(h) of the Illinois Groundwater Protection Act)
"Private Water System" means any supply
that
provides water for drinking, culinary, and sanitary purposes and serves
				  an owner-occupied single family dwelling.
(Section 9(a)(5) of the
				  Illinois Groundwater Protection Act)
"Public Water System" means a system for the
				  provision to the public of piped water for human consumption, if the system has
				  at least 15 service connections or regularly serves an average of at least 25
				  individuals daily at least 60 days per year. The term "public water system"
				  includes any collection, treatment, storage or distribution facilities under
				  control of the operator of
the
system and used primarily in
				  connection with
the
system and any collection or pretreatment
				  storage facilities not under
the operator's
control
that
are used primarily in connection with
the
system.
(Section 9(a)(6) of the Illinois Groundwater
				  Protection Act)
"Purchasing group" means a purchaser of group insurance that
				  has registered with the Director of the Department of Insurance.
"Recognized college or university" means an educational
				  institution that has been recognized or approved by the Board of Higher
				  Education, or equivalent, in the State in which it is located; or an
				  educational institution accredited by a regional accrediting association
				  recognized by the Council on Post Secondary Accreditation. In either instance,
				  the college or university must be authorized to confer a degree in the fields
				  of Biological Sciences, Entomology, Zoology or related fields.
"Registrant" means any person who has a valid non-commercial
				  structural pest control registration.
"Regulated Recharge Area" means a compact geographic
				  area, as determined by the
Illinois Pollution Control
Board,
				  the geology of which renders a potable resource groundwater particularly
				  susceptible to contamination.
(Section 3(j) of the Illinois
				  Groundwater Protection Act )
"Risk retention group" means an insurance company
				  incorporated and licensed in one of the states of the United States and
				  registered with the Director of the Department of Insurance.
"Secondary containment structure" means any structure used to
				  contain liquid pesticides and prevent runoff or leaching into the
				  groundwater.
"Service container" means any non-food container used
				  temporarily to hold, store or transport a pesticide concentrate or registered
				  ready-to-use product other than the original labeled container provided by the
				  manufacturer, the measuring device or the application device.
"Setback zone" means a geographic area established under the
				  Environmental Protection Act that, for the purposes of Subpart I, contains a
				  potable water supply well and a storage unit, having a continuous boundary
				  within which certain prohibitions or regulations for groundwater protection are
				  applicable.
"Signal word" means a word or phrase found prominently
				  displayed on the pesticide label that offers an indication of the toxicity and
				  potential danger of a pesticide.
"Storage unit" means an area, structure, or any other
				  mechanism used to store or accumulate pesticides for commercial application
				  purposes.
"To use any registered pesticide in a manner inconsistent
				  with its labeling" means to use any registered pesticide in a manner not
				  permitted by the labeling, except that the term shall not include:
applying a pesticide at any dosage, concentration, or
				  frequency less than that specified on the labeling, unless the labeling
				  specifically prohibits deviation from the specified dosage, concentration or
				  frequency;
applying a pesticide against any target pest not specified on
				  the labeling if the application is to the crop, animal, or site specified on
				  the labeling, unless the Administrator of the US Environmental Protection
				  Agency (USEPA) has required that the labeling specifically state that the
				  pesticide may be used only for the pests specified on the labeling after the
				  Administrator of the USEPA has determined that the use of the pesticide against
				  other pests would cause an unreasonable adverse effect on the
				  environment;
employing any method of application not prohibited by the
				  labeling unless the labeling specifically states that the product may be
				  applied only by the methods specified on the labeling;
any use of a pesticide in compliance with Section 5, 18 or 24
				  of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); or
any use of a pesticide in a manner that the Administrator of
				  the USEPA determines to be consistent with the purpose of FIFRA.
"Treatment period" means the period of time necessary for a
				  room or area to remain closed to unauthorized individuals to allow an effective
				  treatment and subsequent drying or settling of the pesticide in accordance with
				  label directions or, in the absence of label directions, with manufacturer's
				  recommendations.
"Water well" means any excavation, except a monitoring well,
				  that is drilled, cored, bored, washed, driven, dug, jetted or otherwise
				  constructed when the intended use of the excavation is for the location,
				  diversion, artificial re-charge, or acquisition of groundwater, but the term
				  does not include an excavation made to obtain or prospect oil, natural gas,
				  minerals or products of mining; or quarrying or inserting media to re-pressure
				  an oil- or natural gas-bearing formation; or for storing petroleum, natural gas
				  or other products; or for observation or any other purpose in connection with
				  developing or operating a gas storage project.
"Work Site" means and includes any location at which
				  pesticides are handled, mixed, stored or applied.