2-12-79. Prohibited acts.

It shall be a violation of this article for any person to:

Distribute an unregistered soil amendment;#

Distribute an unlabeled soil amendment;#

Distribute a misbranded soil amendment;#

Distribute an adulterated soil amendment;#

Fail to comply with a stop sale, use, or removal order;#

Fail to submit semiannual reports; or#

1. (A)

   Apply or distribute a soil amendment on a site, or on a separate site that has close geographic proximity to and is operationally connected with the underlying site, when:#

   1. (i)

      The owner of such site or the person who has applied or distributed a soil amendment on such site is subject to a consent order, enforcement action, or ongoing investigation by the department or the Environmental Protection Division of the Department of Natural Resources, including, but not limited to, actions regarding the contamination of surface water, ground water, or soil contamination, and such consent order, enforcement action or ongoing investigation has not been withdrawn or resolved to the satisfaction of the issuing agency with respect to such site;#

   2. (ii)

      A notice of violation has been issued by the Environmental Protection Division of the Department of Natural Resources or the department; and#

   3. (iii)

      The department has notified the owner of such site and the person who has applied or distributed a soil amendment on such site that application of soil amendments on such site must cease.#

2. (B)

   For purposes of this paragraph only, the term “site” means the site identified in the nutrient management plan submitted to the department or a portion thereof.#