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1 | AN ACT concerning agriculture.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | 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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7 | (415 ILCS 65/2) (from Ch. 5, par. 852)
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8 | Sec. 2. Definitions.
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9 | For purposes of this Act:
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10 | "Application" means the spreading of lawn care products
on | ||||||
11 | a lawn.
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12 | "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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17 | 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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22 | "Buffer" means an area adjacent to a body of water that is | ||||||
23 | left untreated with any fertilizer. |
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1 | "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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4 | "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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10 | "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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13 | "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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16 | "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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19 | "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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1 | agricultural production or for the commercial
production of | ||||||
2 | turf, (2) land area situated within a public or private
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3 | 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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9 | "Lawn care products" means fertilizers or pesticides | ||||||
10 | applied or
intended for application to lawns.
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11 | "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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17 | "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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20 | "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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24 | "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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1 | "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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5 | "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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8 | (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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1 | 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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25 | (415 ILCS 65/7) (from Ch. 5, par. 857)
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1 | 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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7 | (a) a penalty of $250 $100 for a first violation;
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8 | (b) a penalty of $500 $200 for a second violation; and
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9 | (c) a penalty of $1,000 $500 for a third or subsequent | ||||||
10 | violation.
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11 | 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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16 | 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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21 | (Source: P.A. 86-358; 87-1033.)
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22 | (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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1 | 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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16 | Section 99. Effective date. This Act takes effect July 1, | ||||||
17 | 2010.
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