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Regulatory Alert

CURRENT PROPOSED STATE OF ILLINOIS RULES AFFECTING SMALL BUSINESS

If any of the following proposed regulations impact your business, let us know!   Click here to submit comments on how the proposed rulemakings will impact your business or industry.   

Following are  proposed rules of possible interest to small businesses published in the Illinois Register.  During the comment period, individuals have an opportunity to express their support or opposition to the rule.  To submit comments or to learn more about the proposed rules, contact Katy Khayyat at the Department of Commerce and Economic Opportunity Business Information Center via e-mail at Katy.Khayyat@Illinois.gov  or call (800) 252-2923 or (217) 785-8020. 

To get more information on Illinois Rules and Regulations, how to file a complaint about a burdensome or excessive state rule, go to www.ienconnect.com/regflex.
 

 
 
 
 
 
 
 

 

The following proposed amendments will impact pest control businesses:          

 

 

 

The Department of Public Health proposed amendments to Structural Pest Control Code (77 IAC 830; 39 Ill. Reg. 2010), concerning management of records and penalties for violations of licensing rules.  The rulemaking clarifies that each day during which the same violation exists will be counted as a separate violation.  Operating without a license is transferred from the Type A violation penalty schedule (maximum fine of $7,500 per violation) the type Type B schedule (maximum fine of $2,000 per violation) and failure to provide information upon request is moved from the Type C schedule (maximum fine of $350 per violation) to the Type B schedule.  Employee training records must be kept until the employee becomes certified or is no longer employed.  Service records of certified technicians no longer require review by another certified technician, while records of uncertified technicians may be reviewed in electronic format by certified technicians.  The rulemaking also requires the estimated amount of pesticides recorded on service records to be within 10% of the actual amount applied.  Copies of service records must be provided upon request of the owner, manager or tenant of the property serviced.  Accurate diagrams must also be included in service records for termite treatment. 

 

 

 

Bottom Line: This rulemaking clarifies language pertinent to violations being calculated on a per-day basis; transfers the violation of operating without a license from a Type A to Type B fine schedule, and transfers failure to provide information upon request from a Type C to Type B fine. The rulemaking also requires pest control companies to retain employee training records until the employee is no longer employed or becomes certified. The service records of certified technicians will no longer require the review of another certified technician, and the rule provides means by which certified technicians review electronic (non-paper) records of uncertified technicians. The rule requires the estimated amount of pesticide recorded on service records to be accurate to within 10 percent of the actual amount of pesticide applied. Pest control companies will be required to provide a copy of the service record (required by the statute) upon request of the owner, manager or tenant of the property serviced. Accurate diagrams will be required to be a part of service records for services in which termiticide is applied.  For questions or to submit comments, contact Elizabeth Paton, Division of Legal Services, Illinois Department of Public Health at dph.rules@illinois.gov, or call (217) 782-2043.  Click here to submit comments.

 

 

 

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The following proposed regulation will impact small businesses engaged in outfitting (deer, turkey or waterfowl) or other hunting-related activities:

 

 

 

The Department of Natural Resources proposed amendments to Outfitter Regulations (17 IAC 640; 39 Ill. Reg. 2487) implementing a new permit system that includes waterfowl outfitting.  The rulemaking outlines the various classes of permits (Class A, deer and turkey outfitters; Class B, waterfowl outfitters; Class C, agent/brokers for deer or turkey outfitters; Class D, agent/brokers for waterfowl outfitters).  A new agent/broker permit fee of $250 for Illinois residents and $2,500 for non-Illinois residents is added.  Additional application requirements, unlawful activities and penalties are also listed.  Violations of the Part will be Class B misdemeanors (currently, petty offenses). 

 

 

 

Bottom Line:  Pursuant to Public Act 98-914, this Part is being amended to incorporate waterfowl as well as deer and turkey in the definition of outfitter; adding classes of outfitters (e.g. Waterfowl, Broker); updating definitions of Guide Services and Outfitting Services; clarifying minimum standards for all classes of outfitter; setting permit fees for all classes of outfitter; clarifying violations and changes penalty from a petty offense to a Class B Misdemeanor.  For questions or to submit comments, contact Virginia Yang, Legal Counsel—DNR, at (217) 782-1809 or email Virginia.Yang@illinois.gov.  Click here to submit comments.

 

 

 

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The following proposed regulation will impact tire disposal or recycling facilities, auto salvage or scrap facilities and businesses that transport used or waste tires:

 

 

 

The Pollution Control Board proposed amendments to Management of Used and Waste Tires (35 IAC 848; 39 Ill. Reg. 2814) implementing Public Act 98-656 and other provisions related to the storage, processing and disposal of used or waste tires.  Effective 7/1/16, tire storage sites containing more than 10,000 passenger tires or their equivalent, and those processing more than 500 tons of used tires per calendar year, must obtain permits from the Illinois Environmental Protection Agency.  Permit applications must be submitted to IEPA at least 90 days before the date on which a permit is required, and permits are not transferable.  A new Subpart outlines the permit application process and conditions for granting, revising and revoking permits.  Other provisions increase the required firebreak between tire piles and buildings, or between piles, from 25 to 50 feet; require sites with more than 60 tons of tires (currently, more than 500 tires) to maintain tire storage plans and contingency/emergency response plans; require facilities to keep tire tracking receipts whenever waste tires are received by or transported from a site; require tire transporters to file annual reports to IEPA; replace self-insurance provisions with provisions for surety bonds; and replace blanket exemptions for tire retreading, stamping and die cutting facilities with specific exemptions from certain provisions based upon the volume of tires kept at these sites.

 

 

 

Bottom Line:  The rulemaking is intended to protect the State's residents from threats resulting from the

inappropriate and illegal disposal of used and waste tires while simultaneously minimizing impacts on markets and businesses that diminish those threats by transforming used and waste tires into marketable commodities. Some of the provisions are being submitted for the purpose of complying with PA 98-656, which, among other things, directs the Agency to propose certain revisions to the Part 848 rules within six months after June 19, 2014. Other provisions included in this proposal are not related to the requirements of PA 98-656. Businesses processing or handling used or waste tires will be affected by this rulemaking proposal. The Agency has attempted to limit the regulatory burdens imposed by the proposal by limiting the most demanding requirements of the proposal to only those large facilities that pose the most significant risks to the public. The Agency believes that any technical and economic costs that might be imposed on individuals as a result of the proposal will be largely offset by increases in public health, safety, and welfare brought about by those changes. The proposal contains a number of provisions requiring the weighing, counting, accounting for, and recording of used or waste tires for specified owners and operators of affected facilities along with reporting of some records. Tire tracking receipts are one example found at Section 848.305 of the proposal. Records required under the proposal must be retained for three years and made available at the site during business hours. Subpart D of the proposal requires certain accounting practices and financial assurances. Finally, the proposal requires specified entities to get one or more permits from the Environmental Protection Agency.   For questions or comments, contact Clerk’s Office, Pollution Control Board, at (312) 814-3620. Click here to submit comments.

 

 

 

 

 

 

 

 

 

 
 
 
 
 
   


For more information on anything in this issue of Regulatory and Information Alert, contact Katy Khayyat at Katy.Khayyat@Illinois.gov or call (217) 785-8020 or (800) 252-2923.  To be removed from this mailing list, please contact Katy Khayyat at Katy.Khayyat@Illinois.gov or by calling (217) 785-8020 or (800) 252-2923.