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91_SB0527eng SB527 Engrossed LRB9105047LDpk 1 AN ACT to amend the Lawn Care Products Application and 2 Notice Act by changing Section 3. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Lawn Care Products Application and Notice 6 Act is amended by changing Section 3 as follows: 7 (415 ILCS 65/3) (from Ch. 5, par. 853) 8 Sec. 3. Notification requirements for application of 9 lawn care products. 10 (a) Lawn Markers. 11 (1) Immediately following application of lawn care 12 products to a lawn, other than a golf course, an 13 applicator for hire shall place a lawn marker at the 14 usual point or points of entry. 15 (2) The lawn marker shall consist of a 4 inch by 5 16 inch sign, vertical or horizontal, attached to the upper 17 portion of a dowel or other supporting device with the 18 bottom of the marker extending no less than 12 inches 19 above the turf. 20 (3) The lawn marker shall be white and lettering on 21 the lawn marker shall be in a contrasting color. The 22 marker shall state on one side, in letters of not less 23 than 3/8 inch, the following: "LAWN CARE APPLICATION - 24 STAY OFF GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: 25 (here shall be inserted the name and business telephone 26 number of the applicator for hire). 27 (4) The lawn marker shall be removed and discarded 28 by the property owner or resident, or such other person 29 authorized by the property owner or resident, on the day 30 following the application. The lawn marker shall not be 31 removed by any person other than the property owner or SB527 Engrossed -2- LRB9105047LDpk 1 resident or person designated by such property owner or 2 resident. 3 (5) For applications to residential properties of 2 4 families or less, the applicator for hire shall be 5 required to place lawn markers at the usual point or 6 points of entry. 7 (6) For applications to residential properties of 2 8 families or more, or for application to other commercial 9 properties, the applicator for hire shall place lawn 10 markers at the usual point or points of entry to the 11 property to provide notice that lawn care products have 12 been applied to the lawn. 13 (b) Notification requirement for application of plant 14 protectants on golf courses. 15 (1) Blanket posting procedure. Each golf course 16 shall post in a conspicuous place or places an 17 all-weather poster or placard stating to users of or 18 visitors to the golf course that from time to time plant 19 protectants are in use and additionally stating that if 20 any questions or concerns arise in relation thereto, the 21 golf course superintendent or his designee should be 22 contacted to supply the information contained in 23 subsection (c) of this Section. 24 (2) The poster or placard shall be prominently 25 displayed in the pro shop, locker rooms and first tee at 26 each golf course. 27 (3) The poster or placard shall be a minimum size 28 of 8 1/2 by 11 inches and the lettering shall not be less 29 than 1/2 inch. 30 (4) The poster or placard shall read: "PLANT 31 PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE. 32 IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE 33 SUPERINTENDENT FOR FURTHER INFORMATION.". 34 (c) Information to Customers of Applicators for Hire. At SB527 Engrossed -3- LRB9105047LDpk 1 the time of application of lawn care products to a lawn, an 2 applicator for hire shall provide the following information 3 to the customer: 4 (1) The brand name or common name of each lawn care 5 product applied; 6 (2) The type of fertilizer or pesticide contained 7 in the lawn care product applied; 8 (3) The reason for use of each lawn care product 9 applied; 10 (4) The range of concentration of end use product 11 applied to the lawn and amount of material applied; 12 (5) Any special instruction appearing on the label 13 of the lawn care product applicable to the customer's use 14 of the lawn following application; and 15 (6) The business name and telephone number of the 16 applicator for hire as well as the name of the person 17 actually applying lawn care products to the lawn. 18 (d) Prior notification of application to lawn. In the 19 case of all lawns other than golf courses: 20 (1) Any neighbor whose property abuts or is 21 adjacent to the property of a customer of an applicator 22 for hire may receive prior notification of an application 23 by contacting the applicator for hire and providing his 24 name, address and telephone number. 25 (2) At least the day before a scheduled 26 application, an applicator for hire shall provide 27 notification to a person who has requested notification 28 pursuant to paragraph (1) of this subsection (d), such 29 notification to be made in writing, in person or by 30 telephone, disclosing the date and approximate time of 31 day of application. 32 (3) In the event that an applicator for hire is 33 unable to provide prior notification to a neighbor whose 34 property abuts or is adjacent to the property because of SB527 Engrossed -4- LRB9105047LDpk 1 the absence or inaccessibility of the individual, at the 2 time of application to a customer's lawn, the applicator 3 for hire shall leave a written notice at the residence of 4 the person requesting notification, which shall provide 5 the information specified in paragraph (2) of this 6 subsection (d). 7 (e) Prior notification of application to golf courses. 8 (1) Any landlord or resident with property that 9 abuts or is adjacent to a golf course may receive prior 10 notification of an application of lawn care products or 11 plant protectants, or both, by contacting the golf course 12 superintendent and providing his name, address and 13 telephone number. 14 (2) At least the day before a scheduled application 15 of lawn care products or plant protectants, or both, the 16 golf course superintendent shall provide notification to 17 any person who has requested notification pursuant to 18 paragraph (1) of this subsection (e), such notification 19 to be made in writing, in person or by telephone, 20 disclosing the date and approximate time of day of 21 application. 22 (3) In the event that the golf course 23 superintendent is unable to provide prior notification to 24 a landlord or resident because of the absence or 25 inaccessibility, at the time of application, of the 26 landlord or resident, the golf course superintendent 27 shall leave a written notice with the landlord or at the 28 residence which shall provide the information specified 29 in paragraph (2) of this subsection (e). 30 (f) Notification for applications of pesticides to 31 school grounds other than school structures. School 32 districts must maintain a registry of parents and guardians 33 of students who have registered to receive written 34 notification prior to the application of pesticides to school SB527 Engrossed -5- LRB9105047LDpk 1 grounds or provide written notification to all parents and 2 guardians of students before such pesticide application. 3 Written notification may be included in newsletters, 4 bulletins, calendars, or other correspondence currently 5 published by the school district. The written notification 6 must be given at least 2 business days before application of 7 the pesticide and should identify the intended date of the 8 application of the pesticide and the name and telephone 9 contact number for the school personnel responsible for the 10 pesticide application program. Prior written notice shall 11 not be required if there is imminent threat to health or 12 property. If such a situation arises, the appropriate school 13 personnel must sign a statement describing the circumstances 14 that gave rise to the health threat and ensure that written 15 notice is provided as soon as practicable. 16 (Source: P.A. 86-358.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.