2014 IPLCA Turf Education Day Chicago Botanic Garden, Glencoe, IL September 12, 2014

1. 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

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

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. • 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 – blanket posting procedure • 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 - 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.

22. Pesticide Misuse Complaints

23. 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

24. 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)

25. 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

26. 2012 Misuse Complaint Investigation Status – 94 cases

27. 2013 Misuse Complaint Investigation Status – 117 cases

28. 2014 Misuse Complaint Investigation Status – 124 y-t-d

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

30. Federal Programs & Litigation

31. Hypoxia • Dissolved oxygen levels below 2 ppm • Caused by stratification of water column and decomposition of organic materials (algae) • Excess algal growth caused by excess nutrients

32. Hypoxia Frequency of Occurrence 1985 - 1999 30.0 L.Calcasieu Atchafalaya R Sabine L. Mississippi R 29.5 Terrebonne Bay 29.0 >75% >50% >25% 50 km <25% 28.5 93.5 92.5 91.5 90.5 89.5 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)

33. 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

34. 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

35. 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

36. 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.

37. 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

38. 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

39. 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

40. Illinois Strategy Development • Goals 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

41. 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

42. 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

43. Illinois Statewide Nutrient Loss Reduction Strategy

44. Illinois Statewide Nutrient Loss Reduction Strategy

45. Illinois Statewide Nutrient Loss Reduction Strategy

46. Illinois Statewide Nutrient Loss Reduction Strategy

47. 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

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