§ 5/2-1119 Tampering with anhydrous ammonia equipment, containers, or storage facilities

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article II > Part 11 : 5/2-1119 Tampering

§ 2-1119. Tampering with anhydrous ammonia equipment, containers, or storage facilities.

    (a) A person tampering with anhydrous ammonia equipment, containers, or storage facilities does not have a cause of action against the owner of the equipment, containers, or storage facilities, any person responsible for the installation or operation of the equipment, containers, or storage facilities, the person lawfully selling anhydrous ammonia, the person who lawfully purchases anhydrous ammonia for agricultural purposes, or the person who operates or uses anhydrous ammonia equipment, containers, or storage facilities when lawfully applying anhydrous ammonia for agricultural purposes.

    (b) No person may commence a derivative action against the owner of anhydrous ammonia equipment, containers, or storage facilities, any person responsible for the installation or operation of the equipment, containers, or storage facilities, the person lawfully selling anhydrous ammonia, the person who lawfully purchases anhydrous ammonia for agricultural purposes, or the person who operates or uses anhydrous ammonia equipment, containers, or storage facilities when lawfully applying anhydrous ammonia for agricultural purposes when the injured person has tampered with anhydrous ammonia equipment, containers, or storage facilities.

    (c) Tampering with anhydrous ammonia equipment, containers, or storage facilities occurs when any person who is not authorized by the owner of the anhydrous ammonia or anhydrous ammonia equipment, containers, or storage facilities transfers or attempts to transfer anhydrous ammonia to another container or causes damage to anhydrous ammonia equipment, containers, or storage facilities.

    (d) For purposes of this Section:

    “Anhydrous ammonia” means the compound defined in paragraph (d) of Section 3 of the Illinois Fertilizer Act of 1961. [FN1]

    “Anhydrous ammonia equipment”, “anhydrous ammonia storage containers”, and “anhydrous ammonia storage facilities” are defined in the rules adopted under the Illinois Fertilizer Act of 1961. [FN2]

    (e) The immunity to civil liability provided in this Section does not apply to any act or omission caused by the willful and wanton negligence of any person.

    [FN1] 505 ILCS 80/3.

    [FN2] 505 ILCS 80/1 et seq.