Full Text of HB3164 099th General Assembly
HB3164 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3164 Introduced , by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
| 505 ILCS 80/7 | from Ch. 5, par. 55.7 | 505 ILCS 80/18a | from Ch. 5, par. 55.18a |
|
Amends the Illinois Fertilizer Act of 1961. Provides that rules under the Act must be "within constitutional limitations".
|
| |
| | A BILL FOR |
|
| | | HB3164 | | LRB099 09661 MGM 29870 b |
|
| 1 | | AN ACT concerning agriculture.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Fertilizer Act of 1961 is amended | 5 | | by changing Sections 7 and 18a as follows:
| 6 | | (505 ILCS 80/7) (from Ch. 5, par. 55.7)
| 7 | | Sec. 7. Inspection,
sampling, analysis. | 8 | | (a) It is the duty of the Director, who may act through his | 9 | | authorized
agent, to sample, inspect, make analysis of, and | 10 | | test
fertilizers distributed within this State at a time and
| 11 | | place and to such an extent as the Director considers necessary | 12 | | to determine whether
such fertilizers are in compliance with | 13 | | the
provisions of this Act. The Director, individually or | 14 | | through his agent, is
authorized to enter upon any public or | 15 | | private premises during regular
business hours in order to have | 16 | | access to fertilizers and to records relating to their | 17 | | distribution subject to the
provisions of this Act and the | 18 | | rules and regulations pertaining thereto within constitutional | 19 | | limitations .
| 20 | | (b) The methods of analysis and sampling shall be those | 21 | | adopted by the
official agency from sources such as those of | 22 | | the Association of Official Analytical
Chemists.
| 23 | | (c) The Director, in determining for administrative |
| | | HB3164 | - 2 - | LRB099 09661 MGM 29870 b |
|
| 1 | | purposes whether any
fertilizer is deficient in plant food, | 2 | | shall be
guided solely by the official sample as defined in | 3 | | Section
3, and obtained and analyzed as provided for in this | 4 | | Section.
| 5 | | (d) The results of official analysis of any fertilizer | 6 | | which has been found to be subject to penalty or other legal
| 7 | | action shall be forwarded by the Director to the registrant at | 8 | | least 10
days before the report is submitted to the purchaser. | 9 | | If during that period
no adequate evidence to the contrary is | 10 | | made available to the Director, the
report shall become | 11 | | official. Upon request the Director shall furnish to
the | 12 | | registrant a portion of any sample found subject to penalty or | 13 | | other
legal action.
| 14 | | (Source: P.A. 97-960, eff. 8-15-12.)
| 15 | | (505 ILCS 80/18a) (from Ch. 5, par. 55.18a)
| 16 | | Sec. 18a. Location and operation. | 17 | | (a) Before installing
fertilizer facilities for the | 18 | | distribution or storage of anhydrous ammonia
or low-pressure | 19 | | nitrogen solutions, the owner shall apply to the Department for | 20 | | approval
of the location of the facilities. Distribution and | 21 | | storage facilities
shall be in compliance with local zoning | 22 | | ordinances and the minimum distance
requirements for safe | 23 | | storage of anhydrous ammonia or low-pressure nitrogen | 24 | | solutions
as established by Department rule. Existing storage | 25 | | tanks installed prior
to the effective date of this amendatory |
| | | HB3164 | - 3 - | LRB099 09661 MGM 29870 b |
|
| 1 | | Act of 1983 shall be exempt from
the requirements for location | 2 | | approval. Prior to any expansion or modification
of such | 3 | | existing storage tanks, written approval shall be obtained from
| 4 | | the Department and such tanks shall meet current requirements | 5 | | as established
by Department rule.
| 6 | | (b) Authorized Department personnel may enter upon any | 7 | | public or private
premises during reasonable business hours and | 8 | | inspect facilities, equipment
and vehicles used in the storage, | 9 | | application, and distribution of anhydrous ammonia and | 10 | | low-pressure
nitrogen solutions and observe operations as | 11 | | necessary to determine compliance
with the provisions of this | 12 | | Act and the rules promulgated hereunder within constitutional | 13 | | limitations . Department
personnel may enter the premises at any | 14 | | time when the health, safety or
welfare of the public is | 15 | | threatened by escaping gas, spills,
fire, damaged or faulty | 16 | | equipment, accident or act of God.
| 17 | | (c) It shall be unlawful for any entity to distribute, | 18 | | store, transport, or use anhydrous ammonia or low-pressure
| 19 | | nitrogen solutions in violation of this Act or the rules | 20 | | adopted by the Department or to violate a stop use order issued | 21 | | by the Director.
| 22 | | (d) The Director or his authorized agent may issue and | 23 | | enforce a written
stop use order to the owner or custodian of | 24 | | the facility upon a violation
of this Act or the rules and | 25 | | regulations. The Director shall terminate
the stop use order | 26 | | upon compliance with the requirements of this Act and
rules and |
| | | HB3164 | - 4 - | LRB099 09661 MGM 29870 b |
|
| 1 | | regulations.
| 2 | | (e) (Blank).
| 3 | | (f) Nothing in this Section shall apply to facilities that | 4 | | manufacture anhydrous ammonia subject to the OSHA Process | 5 | | Safety Management regulations cited under 29 CFR 1910.119. | 6 | | (Source: P.A. 97-960, eff. 8-15-12.)
|
|