(415 ILCS 65/3) (from Ch. 5, par. 853)
Sec. 3.
Notification requirements for application of lawn care products.
(a) Lawn Markers.
(1) Immediately following application of lawn care |
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products to a lawn, other than a golf course, an applicator for hire shall place a lawn marker at the usual point or points of entry.
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(2) The lawn marker shall consist of a 4 inch by 5
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inch sign, vertical or horizontal, attached to the upper portion of a dowel or other supporting device with the bottom of the marker extending no less than 12 inches above the turf.
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(3) The lawn marker shall be white and lettering on
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the lawn marker shall be in a contrasting color. The marker shall state on one side, in letters of not less than 3/8 inch, the following: "LAWN CARE APPLICATION ‑ STAY OFF GRASS UNTIL DRY ‑ FOR MORE INFORMATION CONTACT: (here shall be inserted the name and business telephone number of the applicator for hire)."
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(4) The lawn marker shall be removed and discarded
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by the property owner or resident, or such other person authorized by the property owner or resident, on the day following the application. The lawn marker shall not be removed by any person other than the property owner or resident or person designated by such property owner or resident.
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(5) For applications to residential properties of 2
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families or less, the applicator for hire shall be required to place lawn markers at the usual point or points of entry.
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(6) For applications to residential properties of 2
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families or more, or for application to other commercial properties, the applicator for hire shall place lawn markers at the usual point or points of entry to the property to provide notice that lawn care products have been applied to the lawn.
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(b) Notification requirement for application of plant protectants on golf
courses.
(1) Blanket posting procedure. Each golf course
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shall post in a conspicuous place or places an all‑weather poster or placard stating to users of or visitors to the golf course that from time to time plant protectants are in use and additionally stating that if any questions or concerns arise in relation thereto, the golf course superintendent or his designee should be contacted to supply the information contained in subsection (c) of this Section.
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(2) The poster or placard shall be prominently
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displayed in the pro shop, locker rooms and first tee at each golf course.
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(3) The poster or placard shall be a minimum size of
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8 1/2 by 11 inches and the lettering shall not be less than 1/2 inch.
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(4) The poster or placard shall read: "PLANT
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PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE SUPERINTENDENT FOR FURTHER INFORMATION."
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(c) Information to Customers of Applicators for Hire. At the time of
application of lawn care products to a lawn, an applicator for hire shall
provide the following information to the customer:
(1) The brand name or common name of each lawn care
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(2) The type of fertilizer or pesticide contained in
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the lawn care product applied;
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(3) The reason for use of each lawn care product
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(4) The range of concentration of end use product
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applied to the lawn and amount of material applied;
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(5) Any special instruction appearing on the label
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of the lawn care product applicable to the customer's use of the lawn following application; and
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(6) The business name and telephone number of the
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applicator for hire as well as the name of the person actually applying lawn care products to the lawn.
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(d) Prior notification of application to lawn. In the case of all lawns
other than golf courses:
(1) Any neighbor whose property abuts or is adjacent
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to the property of a customer of an applicator for hire may receive prior notification of an application by contacting the applicator for hire and providing his name, address and telephone number.
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(2) At least the day before a scheduled application,
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an applicator for hire shall provide notification to a person who has requested notification pursuant to paragraph (1) of this subsection (d), such notification to be made in writing, in person or by telephone, disclosing the date and approximate time of day of application.
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(3) In the event that an applicator for hire is
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unable to provide prior notification to a neighbor whose property abuts or is adjacent to the property because of the absence or inaccessibility of the individual, at the time of application to a customer's lawn, the applicator for hire shall leave a written notice at the residence of the person requesting notification, which shall provide the information specified in paragraph (2) of this subsection (d).
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(e) Prior notification of application to golf courses.
(1) Any landlord or resident with property that
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abuts or is adjacent to a golf course may receive prior notification of an application of lawn care products or plant protectants, or both, by contacting the golf course superintendent and providing his name, address and telephone number.
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(2) At least the day before a scheduled application
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of lawn care products or plant protectants, or both, the golf course superintendent shall provide notification to any person who has requested notification pursuant to paragraph (1) of this subsection (e), such notification to be made in writing, in person or by telephone, disclosing the date and approximate time of day of application.
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(3) In the event that the golf course superintendent
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is unable to provide prior notification to a landlord or resident because of the absence or inaccessibility, at the time of application, of the landlord or resident, the golf course superintendent shall leave a written notice with the landlord or at the residence which shall provide the information specified in paragraph (2) of this subsection (e).
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(f) Notification for applications of pesticides to school grounds other
than school structures. School districts must maintain a registry of parents
and guardians of students who have registered to receive written notification
prior to the application of pesticides to school grounds or provide written
notification to all parents and guardians of students before such pesticide
application. Written notification may be included in newsletters, bulletins,
calendars, or other correspondence currently published by the school district.
The written notification must be given at least 2 business days before
application of the pesticide and should identify the intended date of the
application of the pesticide and the name and telephone contact number for the
school personnel responsible for the pesticide application program. Prior
written notice shall not be required if there is imminent threat to health or
property. If such a situation arises, the appropriate school personnel must
sign a statement describing the circumstances that gave rise to the health
threat and ensure that written notice is provided as soon as practicable.
(Source: P.A. 91‑99, eff. 7‑9‑99; 92‑16, eff. 6‑28‑01.)
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(415 ILCS 65/5) (from Ch. 5, par. 855)
Sec. 5.
Containment of spills, wash water, and rinsate collection.
(a) No loading of lawn care products for distribution to a customer or
washing or rinsing of pesticide residues from vehicles,
application equipment, mixing equipment, floors or other items used for the
storage, handling, preparation for use, transport, or application of
pesticides to lawns shall be performed at a facility except in designated
containment areas in accordance with the requirements of this
Section.
A lawn care containment permit, issued by the Department, shall be
obtained prior to the operation of the containment area. The
Department shall issue a lawn care containment permit when the containment
area or facility complies with the provisions of this Section and the rules
and regulations adopted under Sections 5 and 6.
(b) No later than January 1, 1993, containment areas
shall be
in use in any facility as defined in this Act and no wash water or rinsates
may be released into the environment except in accordance with applicable
law. Containment areas shall include the following
requirements:
(1) The containment area shall be constructed of |
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concrete, asphalt or other impervious materials which include, but are not limited to, polyethylene containment pans and synthetic membrane liners. All containment area materials shall be compatible with the lawncare products to be contained.
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(2) The containment area shall be designed to
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capture spills, washwaters, and rinsates generated in the loading of application devices, the lawncare product‑related servicing of vehicles, and the triple rinsing of pesticide containers and to prevent the release of such spills, washwaters, or rinsates to the environment other than as described in paragraph (3) of this subsection (b).
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(3) Spills, washwaters, and rinsates captured in the
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containment area may be used in accordance with the label rates of the lawncare products, reused as makeup water for dilution of pesticides in preparation of application, or disposed in accordance with applicable local, State and federal regulations.
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(c) The requirements of this Section shall not apply to situations
constituting an emergency where washing or rinsing of pesticide residues
from equipment or other items is necessary to prevent imminent harm to human
health or the environment.
(d) The requirements of this Section shall not apply to persons subject
to the containment requirements of the Illinois Pesticide Act or the
Illinois Fertilizer Act of 1961
and any rules or regulations adopted thereunder.
(Source: P.A. 92‑113, eff. 7‑20‑01.)
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