Full Text of HB6099 96th General Assembly
HB6099enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning agriculture.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Lawn Care Products Application and Notice | 5 |
| Act is amended by changing Sections 2 and 7 and adding Sections | 6 |
| 5a and 9 as follows:
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| (415 ILCS 65/2) (from Ch. 5, par. 852)
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| Sec. 2. Definitions.
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| For purposes of this Act:
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| "Application" means the spreading of lawn care products
on | 11 |
| a lawn.
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| "Applicator for hire" means any person who makes an | 13 |
| application of lawn
care products to a lawn or lawns for | 14 |
| compensation, including applications made
by an employee to | 15 |
| lawns owned, occupied or managed by his employer and
includes | 16 |
| those licensed by the Department as licensed commercial
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| applicators, commercial not-for-hire applicators, licensed | 18 |
| public
applicators, certified applicators and licensed | 19 |
| operators and those
otherwise subject to the licensure | 20 |
| provisions of the Illinois Pesticide
Act, as now or hereafter | 21 |
| amended.
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| "Buffer" means an area adjacent to a body of water that is | 23 |
| left untreated with any fertilizer. |
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| "Day care center" means any facility that qualifies as a | 2 |
| "day care center" under the Child Care Act of 1969. | 3 |
| "Department" means the Illinois Department of Agriculture.
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| "Department of Public Health" means the Illinois | 5 |
| Department of Public Health. | 6 |
| "Facility" means a building or structure and appurtenances | 7 |
| thereto used
by an applicator for hire for storage and handling | 8 |
| of pesticides or the
storage or maintenance of pesticide | 9 |
| application equipment or vehicles.
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| "Fertilizer" means any substance containing nitrogen, | 11 |
| phosphorus or
potassium or other recognized plant nutrient or | 12 |
| compound, which is used for
its plant nutrient content.
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| "Golf course" means an area designated for the play or | 14 |
| practice of the
game of golf, including surrounding grounds, | 15 |
| trees, ornamental beds and the like.
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| "Golf course superintendent" means any person entrusted | 17 |
| with and employed
for the care and maintenance of a golf | 18 |
| course.
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| "Impervious surface" means any structure, surface, or | 20 |
| improvement that reduces or prevents absorption of stormwater | 21 |
| into land, and includes pavement, porous paving, paver blocks, | 22 |
| gravel, crushed stone, decks, patios, elevated structures, and | 23 |
| other similar structures, surfaces, or improvements. | 24 |
| "Lawn" means land area covered with turf kept closely mown | 25 |
| or land area
covered with turf and trees or shrubs. The term | 26 |
| does not include (1) land
area used for research for |
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| agricultural production or for the commercial
production of | 2 |
| turf, (2) land area situated within a public or private
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| right-of-way, or (3) land area which is devoted to the | 4 |
| production of any
agricultural commodity, including, but not | 5 |
| limited to plants and plant
parts, livestock and poultry and | 6 |
| livestock or poultry products,
seeds, sod, shrubs and other | 7 |
| products of agricultural origin raised for
sale or for human or | 8 |
| livestock consumption.
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| "Lawn care products" means fertilizers or pesticides | 10 |
| applied or
intended for application to lawns.
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| "Lawn repair products" means seeds, including seeding | 12 |
| soils, that contain or are coated with or encased in fertilizer | 13 |
| material. | 14 |
| "Person" means any individual, partnership, association, | 15 |
| corporation or
State governmental agency, school district, | 16 |
| unit of local government and
any agency thereof.
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| "Pesticide" means any substance or mixture of substances | 18 |
| defined as a
pesticide under the Illinois Pesticide Act, as now | 19 |
| or hereafter amended.
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| "Plant protectants" means any substance or material used to | 21 |
| protect
plants from infestation of insects, fungi, weeds and | 22 |
| rodents, or any other
substance that would benefit the overall | 23 |
| health of plants.
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| "Soil test" means a chemical and mechanical analysis of | 25 |
| soil nutrient values and pH level as it relates to the soil and | 26 |
| development of a lawn. |
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| "Spreader" means any commercially available fertilizing | 2 |
| device used to evenly distribute fertilizer material. | 3 |
| "Turf" means the upper stratum of soils bound by grass and | 4 |
| plant roots into a thick mat.
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| "0% phosphate fertilizer" means a fertilizer that contains | 6 |
| no more than 0.67% available phosphoric acid (P 2 O 5 ). | 7 |
| (Source: P.A. 96-424, eff. 8-13-09.)
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| (415 ILCS 65/5a new) | 9 |
| Sec. 5a. Fertilizer; application restrictions. | 10 |
| (a) No applicator for hire shall: | 11 |
| (1) Apply phosphorus-containing fertilizer to a lawn, | 12 |
| except as demonstrated to be necessary by a soil test that | 13 |
| establishes that the soil is lacking in phosphorous when | 14 |
| compared against the standard established by the | 15 |
| University of Illinois. The soil test required under this | 16 |
| paragraph (1) shall be conducted no more than 36 months | 17 |
| before the intended application of the fertilizer and by a | 18 |
| soil testing laboratory that has been identified by the | 19 |
| University of Illinois as an acceptable laboratory for soil | 20 |
| testing. However, a soil test shall not be required under | 21 |
| this paragraph (1) if the fertilizer to be applied is a 0% | 22 |
| phosphate fertilizer or the fertilizer is being applied to | 23 |
| establish a lawn in the first 2 growing seasons. | 24 |
| (2) Apply fertilizer to an impervious surface, except | 25 |
| where the application is inadvertent and fertilizer is |
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| swept or blown back into the target area or returned to | 2 |
| either its original or another appropriate container for | 3 |
| reuse. | 4 |
| (3) Apply fertilizer using a spray, drop, or rotary | 5 |
| spreader with a deflector within a 3 foot buffer of any | 6 |
| water body, except that when this equipment is not used, | 7 |
| fertilizer may not be applied within a 15 foot buffer of | 8 |
| any water body. | 9 |
| (4) Apply fertilizer at any time when the lawn is | 10 |
| frozen or saturated. For the purposes of this paragraph | 11 |
| (4), a lawn is frozen when its root system is frozen | 12 |
| (typically 3 or 4 inches down), and a lawn is saturated | 13 |
| when it bears ample evidence of being or having been | 14 |
| inundated by standing water. | 15 |
| (b) This Section does not apply to the application of | 16 |
| fertilizer on property used in the operation of a commercial | 17 |
| farm, lands classified as agricultural lands, or golf courses. | 18 |
| (c) This Section does not apply to the application of lawn | 19 |
| repair products. | 20 |
| (d) Paragraph (1) of subsection (a) of this Section does | 21 |
| not apply to the application of animal or vegetable manure that | 22 |
| is ground, pelletized, mechanically dried, packaged, or | 23 |
| supplemented with plant nutrients or other substances other | 24 |
| than phosphorus.
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| (415 ILCS 65/7) (from Ch. 5, par. 857)
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| Sec. 7.
When an administrative hearing is held by the | 2 |
| Department, the
hearing officer, upon determination of any | 3 |
| violation of this Act or rule or
regulation, shall either refer | 4 |
| the violation to the States Attorney's
office in the county | 5 |
| where the alleged violation occurred for prosecution
or levy | 6 |
| the following administrative monetary penalties:
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| (a) a penalty of $250 $100 for a first violation;
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| (b) a penalty of $500 $200 for a second violation; and
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| (c) a penalty of $1,000 $500 for a third or subsequent | 10 |
| violation.
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| The penalty levied shall be collected by the Department, | 12 |
| and all
penalties collected by the Department under this Act | 13 |
| shall be deposited
into the Pesticide Control Fund. Any penalty | 14 |
| not paid within 60 days of
notice from the Department shall be | 15 |
| submitted to the Attorney General's
office for collection.
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| Upon prosecution by a State's Attorney, a violation of this | 17 |
| Act or rules shall be a petty offense subject to a
fine of $250 | 18 |
| $100 for a first offense, a fine of $500 $200 for a second | 19 |
| offense and a
fine of $1,000 $500 for a third or subsequent | 20 |
| offense.
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| (Source: P.A. 86-358; 87-1033.)
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| (415 ILCS 65/9 new) | 23 |
| Sec. 9. Home rule. | 24 |
| (a) On and after the effective date of this amendatory Act | 25 |
| of the 96th General Assembly, a unit of local government may |
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| not regulate fertilizer in a manner more restrictive than the | 2 |
| regulation of fertilizer by the State under this Act, unless | 3 |
| the Department of Agriculture determines that a proposed | 4 |
| ordinance of a unit of local government is reasonable under the | 5 |
| specific circumstances based on standards that the Department | 6 |
| shall adopt by rule. This Section is a limitation under | 7 |
| subsection (i) of Section 6 of Article VII of the Illinois | 8 |
| Constitution on the concurrent exercise by home rule units of | 9 |
| powers and functions exercised by the State. | 10 |
| (b) Subsection (a) of this Section shall not apply to any | 11 |
| local ordinance or regulation in effect before the effective | 12 |
| date of this amendatory Act of the 96th General Assembly. | 13 |
| (415 ILCS 65/8 rep.) | 14 |
| Section 10. The Lawn Care Products Application and Notice | 15 |
| Act is amended by repealing Section 8.
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| Section 99. Effective date. This Act takes effect July 1, | 17 |
| 2010.
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