(505 ILCS 90/20) (from Ch. 5, par. 80)
Sec. 20.
Whenever the Department finds that there exists in
any part of this State a dangerous insect pest or a dangerous plant
disease, which for the protection of the economy and environment of
the State, should be
prevented from spreading and be controlled or eradicated, the Department
is authorized to carry out the following restrictive and
control measures when deemed necessary and advisable and may co-operate
with other state agencies and with the United States Department of
Agriculture.
The Department is authorized to promulgate a quarantine
covering such affected area in the State, and other areas within the State
which are subsequently found to be infested or infected with the pest, and
may adopt, issue and enforce rules and regulations supplemental to the
quarantine for the control of this pest. Under such quarantine the
Department or its authorized agents may prohibit and prevent
the movement within, or through any portion of the State, of agricultural
or horticultural products or any other material or things whatsoever
capable of carrying such pest in any living stage of its development; and
in the enforcement of such quarantine may intercept, stop, and detain for
official inspection, any person, car, vessel, boat, truck, automobile, air
craft, wagon or other vehicles or carriers, whether air, land or water or
any container believed or known to be carrying such insect in any
living stage of its development or any such prohibited material, and may
seize, possess, and destroy any agricultural or horticultural product or
other material of any character whatsoever, moved, shipped, or transported
in violation of such quarantine or the rules and regulations supplemental
thereto.
The Department may, when it is deemed necessary, prohibit
the use of any farm practice or operation within the quarantined area which
favors the development of such pest and may specify and require in such
area the use of specific operations and procedures in disposing of weeds
and crop residues, in the treating and handling of seeds, growing crops, or
harvested products, machinery and any other property, or in planting and
harvesting crops, as may be necessary to effectively destroy or prevent the
development of such pest; and it is the duty of the owner or person in
charge of lands and crops and other things connected therewith within such
quarantined area, upon due notice, to refrain from such prohibited
practices and operations and to use such specific operations and procedures
as are required within the time limit specified and in the manner
designated by the Department. In case the owner or the
person in charge of such lands, crops or other materials within the
quarantined area neglects or refuses to carry out the instructions of the
Department contained in such notice within the time limit
specified, the Department or its authorized agents may take
the action so required, and the expense thereof shall be paid by such owner
or other person in charge. This expense in case of failure or refusal to
pay shall be collected by the Department by a civil action in the name
of the People of the State of Illinois against the person liable therefor.
Before such quarantine is promulgated, the Department
shall call a hearing, after due notice of the same, to be held at some
convenient place designated by the Department, at which interested persons
may be heard, either in person or by attorney, which hearing shall be held
not less than 15 days after the publication of such call. The notice of any
hearing and the promulgation of any quarantine provided for in this Act,
except as otherwise provided in Section 15 of this Act, shall be by
publication in one or more newspapers in circulation in the area affected.
After a quarantine area has been established the Director
may extend the quarantine area to include additional areas of the State
upon publication of a notice to that effect in such newspapers in the
affected area as the Director may select or by direct
written notice to those concerned without holding additional public hearings.
Any person affected by any rule, regulation or order made or served
pursuant to this Act, may have a review of the same by the Department. Application
for such review may be made to the Department in writing within 10 days
after the publication of notice of
such rule, regulation or order and such review shall be allowed and
considered by the Department at such time and place and
under such conditions as the Department may prescribe.
(Source: P.A. 85-324.)
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