AUTHORITY: Implementing Sections 6, 37, 38, 39, 40, 41, 42 and 43 of the "Soil and Water Conservation Districts Act," approved May 22, 1961, effective July 1, 1961, as amended (Ill. Rev. Stat. 1979, ch. 5, par. 111, 138.4, 138.5, 138.6, 138.7, 138.8, 138.9 and 138.10) and authorized by Section 16 of the "Civil Administrative Code of Illinois," approved March 7, 1917, effective July 1, 1917, as amended (Ill. Rev. Stat. 1979, ch. 127, par. 16).

SOURCE: Adopted at 4 Ill. Reg. 18, p. 88, effective April 18, 1980; codified at 5 Ill. Reg. 10567; amended at 6 Ill. Reg. 5482, effective April 15, 1982.

SUBPART A: STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS

 

Section 650.10  Preamble

 

a)         The intent of the Erosion and Sediment Control Program in Illinois is to apply conservation systems and practices to Illinois land to seek to reduce soil losses from erosion to acceptable levels. This program goal is to reduce soil erosion on all land regardless of its use or the soil type to "T" value as established by the Soil Conservation Service as published in the United States Department of Agriculture, Soil Conservation Service Technical Guide as adopted by the Department on December 1, 1981, and filed with the Secretary of State. 

 

b)         The maximum allowable soil loss limits are those established in 8 Ill. Adm. Code Sections 650.30, 650.40 and 650.50. However, a district may adopt in their program standards more stringent than the State program.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.20  Definitions

 

a)         The terms shall have the meanings ascribed to them as follows:

 

            "Act" means the Soil and Water Conservation Districts Act, Illinois Revised Statutes, Chapter 5, Paragraph 106 et seq.

 

            "Conservation tillage" means the use of tillage methods that leave a protective cover of crop residue at the surface after planting.

 

            "Construction site" means an area currently undergoing the erection, alteration, repair, renovation, demolition or removal of any building or structure, or the clearing, stripping, excavating, filling or grading of an area.

 

            "Non-agricultural lands" means lands in public parks, highways, urban areas, public and private recreation areas, streets, country roads, industrial parks, airports and other such public and private lands.

 

            "Schedule for compliance" is a voluntary written agreement between the person(s) violating the soil erosion and sediment control program and standards and the Department or district specifying the nature and timing of actions to be undertaken to correct the erosion problem.

 

            "Soil loss" is defined as the soil moved off a particular segment of land. Soil loss does not mean the soil has been completely removed.

 

            "Soils technician" is a person who has knowledge of soils and the conservation methods and procedures for various types of soils and land uses and can accurately determine the amount of soil loss.

 

            "Stream bank erosion" is a type of non-agricultural gully erosion along rivers and streams.

 

            "T values" means the average annual tons per acre soil loss a given soil may experience and still maintain its productivity over an extended period of time. Both physical and economic factors are considered.

 

            "Universal Soil Loss Equation" a formula which identifies the factors upon which the rate of soil erosion depends and is used to predict average annual soil losses from specific soils.

 

b)         The definitions for terms that describe various conservation practices and identify various types of soil erosion shall be as defined in the Soil Conservation Service Technical Guide (United States Department of Agriculture, Soil Conservation Service, Field Offices in Illinois).

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.30  Soil Loss Standards; Agricultural Land

 

a)         All conservation systems and practices applied to agricultural land in the State of Illinois shall seek to reduce soil losses to levels at or below "T" values.

 

b)         The soil loss tolerance as established by the Soil Conservation Service and as published in the Soil Conservation Service Technical Guide (United States Department of Agriculture, Soil Conservation Service, Field Offices in Illinois) are adopted as the official "T" values for soils of Illinois.

 

c)         Effective January 1, 1983 to January 1, 1988 all land subject to this program shall not be considered out of compliance with the State program if the long term annual soil losses are kept at or below four "T" value.

 

d)         Effective January 1, 1988, and thereafter, no soil erosion losses on gently sloping land, not exceeding 5 percent slope, shall exceed "T" value provided this can be accomplished through conservation tillage. All other land subject to this program shall be considered in compliance with the State program if the long term annual soil losses are kept at or below double "T" during the period January 1, 1988 to January 1, 1994.

 

e)         Effective January 1, 1994 to January 1, 2000, all land greater than 5% slope subject to this program shall be considered in compliance with the State program if the long term annual soil losses are kept at or below one and one-half "T" value.

 

f)         Effective January 1, 2000, and thereafter, all land subject to the Act shall meet "T" value.

 

g)         If a district adopts in its program soil loss limits more stringent than those as set forth in this rule, then those standards shall prevail for all agricultural land within that district.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.40  Soil Loss Standards; Stream Bank

 

Studies have not yet been able to accurately determine what part of the stream sediment load is attributable to stream bank erosion and what part comes from non-point sources of erosion. While the Department will encourage all conservation measures and practices to minimize stream bank erosion, more research needs to be done before the feasibility of and the responsibility for controlling stream bank erosion can be determined. Therefore, the standards set in 8 Ill. Adm. Code Section 650.30 do not apply to stream bank erosion.

 

Section 650.50  Soil Loss Standards; Non-Agricultural Land and Construction Sites

 

a)         The productive capacity of soils is not the major concern on non-agricultural land and construction sites. However, in the interest of controlling excessive erosion and maintaining water quality, the following principles shall be met:

 

1)         The smallest practical area of land shall be exposed at any one time during development.

 

2)         When land is exposed during the development, the exposure shall be kept to the shortest practicable period of time.

 

3)         Natural features which enhance erosion control such as trees, groves, waterways, and other similar resources shall be preserved whenever possible.

 

4)         The development shall be fitted to the topography and soils to create the least erosion potential.

 

5)         Temporary vegetation and/or mulching shall be used to protect critical areas exposed during development.

 

6)         Permanent final vegetation and structures shall be installed as soon as practicable.

 

7)         Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.

 

8)         Sediment shall be reasonably retained on the site.

 

b)         Section 3.12 of the Soil and Water Conservation District Act excludes minor activities such as home gardens, individual home landscaping, repairs, maintenance or any plat of subdivision approved by municipal or county units of government from meeting the soil loss standards for non-agricultural land and construction sites.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.60  Determining Erosion Rates; The Universal Soil Loss Equation

 

The Universal Soil Loss Equation shall be used to predict the rate of soil erosion loss or to predict the rates of soil erosion losses expected under different land uses or treatments. Technical Notes for Illinois as prepared by the Soil Conservation Service (United States Department of Agriculture, Field Offices in Illinois) in cooperation with the Agricultural Research Service and the State Experiment Stations contain the Universal Soil Loss Equation and the information and data necessary to properly compute the equation and is hereby adopted as the official method of computing the erosion rate.

 

Section 650.70  Conservation Practices and Measures

 

Conservation practices as established for various land uses by the Soil Conservation Service and as published in the Soil Conservation Service Technical Guide or similar conservation practices as developed and published by the Department are hereby adopted as the recommended conservation practices for various land uses.

 

Section 650.80  Qualifying for Cost-Sharing Funds

 

In order to qualify for cost-sharing funds in accordance with Section 39 of the Act, enduring erosion and sediment control devices, structures and practices must be constructed and/or conform with the procedures established in the Soil Conservation Service Technical Guide (United States Department of Agriculture, Soil Conservation Service, Field Offices in Illinois) or similar procedures developed and published by the Department.

 

Section 650.90  Cost-Sharing Rates for Enduring Erosion and Sediment Control Devices, Structures and Practices

 

The cost-sharing rates for enduring erosion and sediment control devices, structures and practices shall not exceed 75% for any practice funded under the provisions of the regulations, or the rate set annually by the Department for that practice whichever is less. Any District may set a lower cost-sharing rate than that specified in this section. The eligible practices and the cost-sharing rates will be set annually by the Department.  The practices contained herein are those that may be eligible for cost-sharing.

 

a)         Permanent Vegetative Cover Establishment

 

b)         Terrace Systems

 

c)         Diversions

 

d)         Permanent Vegetative Cover on Problem Areas

 

e)         Sediment Retention, Erosion or Water Control Structures

 

f)         Conservation Tillage Systems

 

g)         Sod Waterways

 

h)         Contour Stripcropping

 

i)          Stream or Lake Protection

 

j)          Contouring

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.180  Refund Provision; Act of God

 

In regard to the cost-share money, a refund provision shall not apply to a system, cover or practice destroyed due to an act of God.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.190  Annual Cost-Sharing Participating Schedule

 

a)         The practices, policies, specifications, components eligible for cost-sharing, the maximum cost allowed for each component and the cost-share rate for each enduring practice, structure or device shall be established annually by the Department and published in a Cost-Sharing Participating Schedule. The State cost-sharing rate shall not exceed the cost-sharing rate allowed for each component. No cost-sharing funds shall be available for land which does not exceed "T" value. The annual maximum dollar limit for cost-sharing per person shall not exceed the maximum allowable amount as established in the Cost-Sharing Participating Schedule.

 

b)         In determining the practices to be cost-shared and the rates and amounts to be set and published in the Cost-Sharing Participating Schedule, the Department shall consider the number of acres needing land treatment, type of treatment needed, the extent of a practices' adaptability in the state, funds available in the Department's budget as granted by the legislative process and signed by the Governor, cost of materials, labor, etc., the amount a practice reduces soil losses versus the cost of the practice, and other pertinent matters which may affect the establishment of the practices and their cost-share rates.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.200  Cost-Sharing Funds Available from Other Sources

 

Where the State is involved in cost-sharing on the balance of the difference between the total eligible cost and amount of funds received from another source, total cost-sharing from all sources shall not exceed 75%.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.210  Transfer of Title of Land Which Has Received Cost-Sharing Funds

 

If the title to land upon which an enduring erosion or sediment control device, structure or practice has been applied and cost-sharing funds paid is transferred to another individual during the period of the minimum lifespan of the device, structure or practice, the new owner is accountable to the Department for maintaining the structure, device or practice for its minimum lifespan. It is the responsibility of the landowner who contracted for the cost-sharing funds to inform the new owner of this obligation. A contract for an enduring erosion or sediment control device, structure or practice shall be recorded with the county recorder.

 

Section 650.220  Financing of District and Department for the Erosion and Sediment Control Program

 

In accordance with Section 37 of the Act, the Department shall request in its annual appropriation adequate funds to be used by the districts for the purposes of implementing and administering the districts' erosion and sediment control program and standards. The Department shall request in its annual appropriation adequate funds for financing the implementation and administration of the State's erosion and sediment control program and standards as well as for assisting the districts in the implementation of their program.

 

Section 650.230  Criteria for Allocating and Distributing Funds to Districts

 

In making allocations and distributing funds to the participating districts, the Department shall take into consideration:

 

a)         The needs of the district as shown by erosion problems present and the progress towards correcting erosion problems.

 

b)         The accomplishments of the district over the past three years and proposed projects in the coming year for which a tentative commitment has been made, and

 

c)         The number and type of complaints in the past year in that district and the number and type of pending complaints,

 

d)         The degree to which the district adheres to their annual plan of work.

 

Section 650.240  Portion of Allocated District Funds Held in Reserve

 

A portion of the total amount of funds allocated to districts shall be held in reserve by the Department to be allocated to districts on a district-by-district basis as needed for projects recommended as a result of complaints.  After January 1 of each year, funds reserved for this purpose may be expended for erosion and sediment control projects in accordance with the district's programs.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.250  District's Failure to Adopt Program and Standards

 

If a district fails to adopt a soil erosion and sedimentation control program and standards within two years after the adoption of the State's program and standards, the Department shall proceed to develop the district's program and standards for implementation by the district. In developing the program, the Department shall consult with various local interests in the district. The interests shall be representative of but need not be limited to agriculture, business, commerce, local government, financing, housing, industry and recreation. The Department shall give due notice in accordance with Section 31 of the Act and conduct a public hearing in the district for the purpose of receiving public comments before adopting any program.

 

Section 650.260  Rules Governing Conduct of Hearings Held by the Department

 

The Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the rules governing formal administrative hearings and rulemaking (8 Ill. Adm. Code Part 1) as promulgated by the Department under the authority of the Administrative Procedures Act shall govern the public hearing conducted by the Department and any rulemaking by the Department. The same procedure as established for adopting a district's program and standards shall be followed when amending or repealing a district's program and standards.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.270  Procedure for Submitting Districts' Programs and Standards

 

"Upon the request of a district, the Department shall assist in the preparation of the district's program and standards. Upon its adoption, the district shall submit its program and standards to the Department for review and approval."*  The district's program and standards shall be submitted to the Division of Natural Resources, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62706, for review and approval by the Department. The Department shall approve the district's program and standards provided they are consistent with the State's program and standards.

 

*  Quoted from the Soil and Water Conservation Districts Act, Illinois Revised Statutes, Chapter 5, Section 38.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.280  Information to be Included in the District's Erosion and Sediment Control Program

 

The following information shall be included in a district's erosion and sediment control program:

 

a)         Physical and developmental information concerning the watersheds and drainage basins in the district.

 

b)         Data relating to land use, soils, hydrology, geology, size of land area being disturbed, water bodies and their characteristics.

 

c)         The maximum soil loss standards: When developing the standards the district shall consider economical, practical and socially acceptable levels regarding soil loss. The standards for various soil types or land uses shall not be less stringent than the State guidelines for various soil types.

 

d)         Recommended erosion and sediment control management practices which are suitable for controlling erosion within the district.

 

e)         "Provide for the sharing by the district of part of the cost of enduring erosion and sediment control devices, structures and practices and shall specify the cost-sharing rates which shall apply to various types of enduring erosion and sediment control devices, structures and practices in that district."*

 

f)         Information on how interested persons may obtain information or make submissions on the district program, standards and activities.

 

*  Quoted from the Soil and Water Conservation Districts Act, Illinois Revised Statutes, Chapter 5, Section 39.

 

Section 650.290  Surveys and Soil Maps

 

Surveys of land and waters (topographical and soil maps and other such documents relating to water quality, etc.) as the district considers appropriate in order to identify areas with erosion and sediment problems shall be kept on file in the district's principal office for as long as needed to support the district's program and standards and shall be available upon request for public inspection or for Department review, but need not be incorporated in the district's program.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.300  Procedure for Submitting Adopted Amendments or Repeal of District's Program to the Department

 

Upon the adoption of any amendment or repeal of all or a portion of an existing program, the district board shall submit to the Division of Natural Resources, Department of Agriculture, State Fairgrounds, Springfield, Illinois 62706, the changes requested for review and approval. The Department shall approve the requested changes provided they are consistent with the State's program and standards, and contain the information necessary for the Department to properly review the requested changes. In the case of an amendment or repeal of all or a portion of an existing program, the justification supporting the change shall accompany the requested change. The same procedure for amending or repealing all or a portion of an existing program shall be used as for adopting the program.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.310  Reporting Progress of Applied Conservation Measures to the Department

 

Accurate accountings of applied conservation measures will be recorded by the district for the purpose of measuring the progress being made in applying erosion and sediment control to the land. Progress shall be reported annually to the Department of Agriculture, Division of Natural Resources, State Fairgrounds, Springfield, Illinois 62706 in conjunction with a district's fiscal year budget. A reporting form will be provided by the Division of Natural Resources. The following information shall be reported.

 

a)         Number of operating units,

 

b)         Number of municipalities in the district,

 

c)         Number of municipal officials contacted,

 

d)         Number of cooperators and acres participating in the program,

 

e)         Number of individual agricultural-related contacts,

 

f)         Number of group meetings, tours and approximate attendance,

 

g)         Number of news releases and other informational bulletins issued,

 

h)         Number of 22.02a natural resource inventories prepared pursuant to Ill. Rev. Stat. 1979, ch. 5, par. 127.2a

 

i)          Number of acres of land benefitted by application of conservation practices,

 

j)          Number of acres of land adequately protected or treated,

 

k)         Number of acres of land inadequately protected or treated, and

 

l)          Number of contacts made in high priority areas as designated by the annual plan of work.

 

Section 650.320  Who May File a Complaint

 

Any person or group of persons may file a complaint on forms provided by the district or Department if it is believed a serious erosion and sediment problem exists. The district or Department may, on its own initiative, file a complaint when it believes a serious erosion and sediment problem exists.

 

Section 650.330  Where to File Complaints

 

If the land where the alleged violation occurs is not within the boundaries of a district or is within the boundaries of more than one district, the complaint shall be filed with the Department of Agriculture, Division of Natural Resources, State Fairgrounds, Springfield, Illinois 62706. If the land where the alleged violation occurs lies within the boundaries of a Soil and Water Conservation District, the complaint shall be filed with that district on forms provided by the district. The Division of Natural Resources can provide information to the person wishing to file a complaint as to where the complaint should be filed.

 

Section 650.340  Complaint Form

 

The complaint form shall be designed to obtain the following information and shall be made available for public inspection in the manner prescribed by the rules of the Department (8 Ill. Adm. Code Section 1.505):

 

a)         The name and address of the person or persons filing the complaint.

 

b)         Date the alleged violation was observed.

 

c)         Location by legal description or metes and bounds of the land being damaged by sediment.

 

d)         Description of the nature and extent of damage being done.

 

e)         The names and address of landowners and occupiers, if known, and the location by legal description or by metes and bounds of land believed to be the source of excessive sediment.

 

f)         Signature of person or persons filing the complaint and the date filed.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.350  Investigation of Complaint

 

Upon receipt of a properly filed complaint, a representative of the Department or district whichever has jurisdiction, shall notify the landowner and occupier that a complaint has been filed and that an investigation to determine if there is a violation of the State's program and standards will be initiated. The investigation shall take place within 45 days of the date the complaint was filed. A soils technician shall conduct the investigation in accordance with the procedure established by the Department. The owners and occupiers of the land upon which a complaint has been filed and the person who filed the complaint shall be notified in writing of the results of the investigation.

 

Section 650.360  Notice of Violation

 

a)         If the investigation reveals a violation of the State's program and standards does exist, a Notice of Violation shall be given to the owner and occupier of the land in violation.

 

b)         The Notice of Violation shall include the following information:

 

1)         The date on which the Notice of Violation is given.

 

2)         Identity of the source of the violation and its location.

 

3)         The authority by which the Department is empowered to serve such notice.

 

4)         Explanation of who conducted the investigation and the standards which were used to determine excessive soil erosion and sedimentation.

 

5)         Suggested modifications, practices, procedures, terms and conditions which will enable the person with erosion problems to comply with the State's program and standards, as well as information on cost-share plans and a statement indicating if cost-share money is available.

 

6)         The deadline for compliance and the subsequent action if the violator does not comply.

 

7)         Signature of the Director of the Department of Agriculture.

 

Section 650.370  Service of the Notice of Violation

 

A Notice of Violation shall be served to the owner and occupier by registered mail. The receipt verifying the owner and occupier received the Notice of Violation shall be kept on file in the Department for five (5) years as proof that the violator received the official Notice of Violation. A schedule for compliance shall be sought by the Department as soon as is reasonably possible after the decision has been made finding a person in violation of the State's program and standards.

 

Section 650.380  Notice of Non-Compliance and Time Limits

 

a)         A person found to be in violation of the State's soil erosion and sediment control program and standards shall have one year from the day the Notice of Violation is served to enter into a schedule for compliance. If after 11 months the violator has not entered into a schedule for compliance, a letter shall be sent by registered mail reminding the violator that only one month remains for executing a schedule for compliance before a formal hearing will be held. The letter shall include such information and shall suggest such modifications, practices, procedures, terms and conditions which will enable the person to comply with the State's program and standards.

 

b)         If a schedule for compliance has not been executed within one year of the date of being served a Notice of Violation or if the provisions of the schedule for compliance have not been complied with, the Department shall hold a formal hearing to determine the reasons for non-compliance. Notice shall be given by registered mail to the violator of the date, time, and place of the formal hearing to determine reasons for non-compliance to the State's program and standards or for the reasons why the schedule for compliance provisions have not been met.

 

(Source:  Amended at 6 Ill. Reg. 5482, effective April 15, 1982)

 

Section 650.390  Formal Hearing for Non-Compliance

 

A formal hearing to determine the reasons for non-compliance with the State's program and standards, for non-compliance to district's program and standards or for non-compliance to a schedule for compliance conducted by the Department shall be governed by the Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the rules regarding formal administrative hearings (8 Ill. Adm. Code Part 1) as promulgated by the Department under the authority of that Act. The Department shall publish and make available the findings of the formal hearing.