Sen. Michael Noland
Filed: 4/19/2010
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1 | AMENDMENT TO HOUSE BILL 6099
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2 | AMENDMENT NO. ______. Amend House Bill 6099 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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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1 | applicators, commercial not-for-hire applicators, licensed | ||||||
2 | public
applicators, certified applicators and licensed | ||||||
3 | operators and those
otherwise subject to the licensure | ||||||
4 | provisions of the Illinois Pesticide
Act, as now or hereafter | ||||||
5 | amended.
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6 | "Buffer" means an area adjacent to a body of water that is | ||||||
7 | left untreated with any fertilizer. | ||||||
8 | "Day care center" means any facility that qualifies as a | ||||||
9 | "day care center" under the Child Care Act of 1969. | ||||||
10 | "Department" means the Illinois Department of Agriculture.
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11 | "Department of Public Health" means the Illinois | ||||||
12 | Department of Public Health. | ||||||
13 | "Facility" means a building or structure and appurtenances | ||||||
14 | thereto used
by an applicator for hire for storage and handling | ||||||
15 | of pesticides or the
storage or maintenance of pesticide | ||||||
16 | application equipment or vehicles.
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17 | "Fertilizer" means any substance containing nitrogen, | ||||||
18 | phosphorus or
potassium or other recognized plant nutrient or | ||||||
19 | compound, which is used for
its plant nutrient content.
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20 | "Golf course" means an area designated for the play or | ||||||
21 | practice of the
game of golf, including surrounding grounds, | ||||||
22 | trees, ornamental beds and the like.
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23 | "Golf course superintendent" means any person entrusted | ||||||
24 | with and employed
for the care and maintenance of a golf | ||||||
25 | course.
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26 | "Impervious surface" means any structure, surface, or |
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1 | improvement that reduces or prevents absorption of stormwater | ||||||
2 | into land, and includes pavement, porous paving, paver blocks, | ||||||
3 | gravel, crushed stone, decks, patios, elevated structures, and | ||||||
4 | other similar structures, surfaces, or improvements. | ||||||
5 | "Lawn" means land area covered with turf kept closely mown | ||||||
6 | or land area
covered with turf and trees or shrubs. The term | ||||||
7 | does not include (1) land
area used for research for | ||||||
8 | agricultural production or for the commercial
production of | ||||||
9 | turf, (2) land area situated within a public or private
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10 | right-of-way, or (3) land area which is devoted to the | ||||||
11 | production of any
agricultural commodity, including, but not | ||||||
12 | limited to plants and plant
parts, livestock and poultry and | ||||||
13 | livestock or poultry products,
seeds, sod, shrubs and other | ||||||
14 | products of agricultural origin raised for
sale or for human or | ||||||
15 | livestock consumption.
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16 | "Lawn care products" means fertilizers or pesticides | ||||||
17 | applied or
intended for application to lawns.
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18 | "Lawn repair products" means seeds, including seeding | ||||||
19 | soils, that contain or are coated with or encased in fertilizer | ||||||
20 | material. | ||||||
21 | "Person" means any individual, partnership, association, | ||||||
22 | corporation or
State governmental agency, school district, | ||||||
23 | unit of local government and
any agency thereof.
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24 | "Pesticide" means any substance or mixture of substances | ||||||
25 | defined as a
pesticide under the Illinois Pesticide Act, as now | ||||||
26 | or hereafter amended.
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1 | "Plant protectants" means any substance or material used to | ||||||
2 | protect
plants from infestation of insects, fungi, weeds and | ||||||
3 | rodents, or any other
substance that would benefit the overall | ||||||
4 | health of plants.
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5 | "Soil test" means a chemical and mechanical analysis of | ||||||
6 | soil nutrient values and pH level as it relates to the soil and | ||||||
7 | development of a lawn. | ||||||
8 | "Spreader" means any commercially available fertilizing | ||||||
9 | device used to evenly distribute fertilizer material. | ||||||
10 | "Turf" means the upper stratum of soils bound by grass and | ||||||
11 | plant roots into a thick mat.
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12 | "0% phosphate fertilizer" means a fertilizer that contains | ||||||
13 | no more than 0.67% available phosphoric acid (P 2 O 5 ). | ||||||
14 | (Source: P.A. 96-424, eff. 8-13-09.)
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15 | (415 ILCS 65/5a new) | ||||||
16 | Sec. 5a. Fertilizer; application restrictions. | ||||||
17 | (a) No applicator for hire shall: | ||||||
18 | (1) Apply phosphorus-containing fertilizer to a lawn, | ||||||
19 | except as demonstrated to be necessary by a soil test that | ||||||
20 | establishes that the soil is lacking in phosphorous when | ||||||
21 | compared against the standard established by the | ||||||
22 | University of Illinois. The soil test required under this | ||||||
23 | paragraph (1) shall be conducted no more than 36 months | ||||||
24 | before the intended application of the fertilizer and by a | ||||||
25 | soil testing laboratory that has been identified by the |
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1 | University of Illinois as an acceptable laboratory for soil | ||||||
2 | testing. However, a soil test shall not be required under | ||||||
3 | this paragraph (1) if the fertilizer to be applied is a 0% | ||||||
4 | phosphate fertilizer or the fertilizer is being applied to | ||||||
5 | establish a lawn in the first 2 growing seasons. | ||||||
6 | (2) Apply fertilizer to an impervious surface, except | ||||||
7 | where the application is inadvertent and fertilizer is | ||||||
8 | swept or blown back into the target area or returned to | ||||||
9 | either its original or another appropriate container for | ||||||
10 | reuse. | ||||||
11 | (3) Apply fertilizer using a spray, drop, or rotary | ||||||
12 | spreader with a deflector within a 3 foot buffer of any | ||||||
13 | water body, except that when this equipment is not used, | ||||||
14 | fertilizer may not be applied within a 15 foot buffer of | ||||||
15 | any water body. | ||||||
16 | (4) Apply fertilizer at any time when the lawn is | ||||||
17 | frozen or saturated. For the purposes of this paragraph | ||||||
18 | (4), a lawn is frozen when its root system is frozen | ||||||
19 | (typically 3 or 4 inches down), and a lawn is saturated | ||||||
20 | when it bears ample evidence of being or having been | ||||||
21 | inundated by standing water. | ||||||
22 | (b) This Section does not apply to the application of | ||||||
23 | fertilizer on property used in the operation of a commercial | ||||||
24 | farm, lands classified as agricultural lands, or golf courses. | ||||||
25 | (c) This Section does not apply to the application of lawn | ||||||
26 | repair products. |
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1 | (d) Paragraph (1) of subsection (a) of this Section does | ||||||
2 | not apply to the application of animal or vegetable manure that | ||||||
3 | is ground, pelletized, mechanically dried, packaged, or | ||||||
4 | supplemented with plant nutrients or other substances other | ||||||
5 | than phosphorus.
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6 | (415 ILCS 65/7) (from Ch. 5, par. 857)
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7 | Sec. 7.
When an administrative hearing is held by the | ||||||
8 | Department, the
hearing officer, upon determination of any | ||||||
9 | violation of this Act or rule or
regulation, shall either refer | ||||||
10 | the violation to the States Attorney's
office in the county | ||||||
11 | where the alleged violation occurred for prosecution
or levy | ||||||
12 | the following administrative monetary penalties:
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13 | (a) a penalty of $250 $100 for a first violation;
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14 | (b) a penalty of $500 $200 for a second violation; and
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15 | (c) a penalty of $1,000 $500 for a third or subsequent | ||||||
16 | violation.
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17 | The penalty levied shall be collected by the Department, | ||||||
18 | and all
penalties collected by the Department under this Act | ||||||
19 | shall be deposited
into the Pesticide Control Fund. Any penalty | ||||||
20 | not paid within 60 days of
notice from the Department shall be | ||||||
21 | submitted to the Attorney General's
office for collection.
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22 | Upon prosecution by a State's Attorney, a violation of this | ||||||
23 | Act or rules shall be a petty offense subject to a
fine of $250 | ||||||
24 | $100 for a first offense, a fine of $500 $200 for a second | ||||||
25 | offense and a
fine of $1,000 $500 for a third or subsequent |
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1 | offense.
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2 | (Source: P.A. 86-358; 87-1033.)
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3 | (415 ILCS 65/9 new) | ||||||
4 | Sec. 9. Home rule. | ||||||
5 | (a) On and after the effective date of this amendatory Act | ||||||
6 | of the 96th General Assembly, a unit of local government may | ||||||
7 | not regulate fertilizer in a manner more restrictive than the | ||||||
8 | regulation of fertilizer by the State under this Act, unless | ||||||
9 | the Department of Agriculture determines that a proposed | ||||||
10 | ordinance of a unit of local government is reasonable under the | ||||||
11 | specific circumstances based on standards that the Department | ||||||
12 | shall adopt by rule. This Section is a limitation under | ||||||
13 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
14 | Constitution on the concurrent exercise by home rule units of | ||||||
15 | powers and functions exercised by the State. | ||||||
16 | (b) Subsection (a) of this Section shall not apply to any | ||||||
17 | local ordinance or regulation in effect before the effective | ||||||
18 | date of this amendatory Act of the 96th General Assembly. | ||||||
19 | (415 ILCS 65/8 rep.) | ||||||
20 | Section 10. The Lawn Care Products Application and Notice | ||||||
21 | Act is amended by repealing Section 8.
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22 | Section 99. Effective date. This Act takes effect July 1, | ||||||
23 | 2010".
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