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".


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A BILL FOR

 

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1    AN ACT concerning agriculture.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Fertilizer Act of 1961 is amended
5by 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
9authorized agent, to sample, inspect, make analysis of, and
10test fertilizers distributed within this State at a time and
11place and to such an extent as the Director considers necessary
12to determine whether such fertilizers are in compliance with
13the provisions of this Act. The Director, individually or
14through his agent, is authorized to enter upon any public or
15private premises during regular business hours in order to have
16access to fertilizers and to records relating to their
17distribution subject to the provisions of this Act and the
18rules and regulations pertaining thereto within constitutional
19limitations.
20    (b) The methods of analysis and sampling shall be those
21adopted by the official agency from sources such as those of
22the Association of Official Analytical Chemists.
23    (c) The Director, in determining for administrative

 

 

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1purposes whether any fertilizer is deficient in plant food,
2shall be guided solely by the official sample as defined in
3Section 3, and obtained and analyzed as provided for in this
4Section.
5    (d) The results of official analysis of any fertilizer
6which has been found to be subject to penalty or other legal
7action shall be forwarded by the Director to the registrant at
8least 10 days before the report is submitted to the purchaser.
9If during that period no adequate evidence to the contrary is
10made available to the Director, the report shall become
11official. Upon request the Director shall furnish to the
12registrant a portion of any sample found subject to penalty or
13other 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
18distribution or storage of anhydrous ammonia or low-pressure
19nitrogen solutions, the owner shall apply to the Department for
20approval of the location of the facilities. Distribution and
21storage facilities shall be in compliance with local zoning
22ordinances and the minimum distance requirements for safe
23storage of anhydrous ammonia or low-pressure nitrogen
24solutions as established by Department rule. Existing storage
25tanks installed prior to the effective date of this amendatory

 

 

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1Act of 1983 shall be exempt from the requirements for location
2approval. Prior to any expansion or modification of such
3existing storage tanks, written approval shall be obtained from
4the Department and such tanks shall meet current requirements
5as established by Department rule.
6    (b) Authorized Department personnel may enter upon any
7public or private premises during reasonable business hours and
8inspect facilities, equipment and vehicles used in the storage,
9application, and distribution of anhydrous ammonia and
10low-pressure nitrogen solutions and observe operations as
11necessary to determine compliance with the provisions of this
12Act and the rules promulgated hereunder within constitutional
13limitations. Department personnel may enter the premises at any
14time when the health, safety or welfare of the public is
15threatened by escaping gas, spills, fire, damaged or faulty
16equipment, accident or act of God.
17    (c) It shall be unlawful for any entity to distribute,
18store, transport, or use anhydrous ammonia or low-pressure
19nitrogen solutions in violation of this Act or the rules
20adopted by the Department or to violate a stop use order issued
21by the Director.
22    (d) The Director or his authorized agent may issue and
23enforce a written stop use order to the owner or custodian of
24the facility upon a violation of this Act or the rules and
25regulations. The Director shall terminate the stop use order
26upon compliance with the requirements of this Act and rules and

 

 

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1regulations.
2    (e) (Blank).
3    (f) Nothing in this Section shall apply to facilities that
4manufacture anhydrous ammonia subject to the OSHA Process
5Safety Management regulations cited under 29 CFR 1910.119.
6(Source: P.A. 97-960, eff. 8-15-12.)