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| 1 | AN ACT concerning transportation. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Rivers, Lakes, and Streams Act is amended | ||||||
| 5 | by changing Sections 26a and 35 as follows: | ||||||
| 6 | (615 ILCS 5/26a) (from Ch. 19, par. 74) | ||||||
| 7 | Sec. 26a. The Department of Natural Resources may issue | ||||||
| 8 | orders requiring all necessary remedial actions to correct | ||||||
| 9 | violations of this Act and impose the civil penalties provided | ||||||
| 10 | in this Section. All orders entered by the Department of | ||||||
| 11 | Natural Resources shall be made only upon giving reasonable | ||||||
| 12 | notice to persons to be affected by such orders; or having any | ||||||
| 13 | interest in the subject matter of such orders and after a | ||||||
| 14 | hearing in relation thereto. Any person who violates any | ||||||
| 15 | provision of this Act; any rule or regulation adopted by the | ||||||
| 16 | Department; any permit, term, or condition of this Act; or any | ||||||
| 17 | order of the Department under this Act, shall be liable for a | ||||||
| 18 | civil penalty of up to 2 times the applicable permit fee, but | ||||||
| 19 | not to exceed $5,000 for a violation. The penalty fee may, upon | ||||||
| 20 | order of the Department of Natural Resources or a court of | ||||||
| 21 | competent jurisdiction, be made payable to the Department and | ||||||
| 22 | deposited into the Water Resources State Boating Act Fund and | ||||||
| 23 | may be used for the purposes as authorized under Section 59.14 | ||||||
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| 1 | of the Environmental Protection Act. The moneys deposited into | ||||||
| 2 | the Water Resources Fund under this Section shall not be | ||||||
| 3 | subject to administrative charges or chargebacks unless | ||||||
| 4 | otherwise authorized by this Act for use by the Department for | ||||||
| 5 | ordinary and contingent expenses. | ||||||
| 6 | (Source: P.A. 99-73, eff. 1-1-16.) | ||||||
| 7 | (615 ILCS 5/35) | ||||||
| 8 | Sec. 35. Permit fees. The Department of Natural Resources | ||||||
| 9 | shall collect a fee of up to $5,000 per application for permits | ||||||
| 10 | issued under this Act. The Department of Natural Resources | ||||||
| 11 | shall set the specific fee applicable to different permits | ||||||
| 12 | issued under this Act by administrative rule, provided that no | ||||||
| 13 | fee exceeds $5,000. All fees collected pursuant to this | ||||||
| 14 | Section shall be deposited in the Water Resources Fund and may | ||||||
| 15 | be used for the purposes as authorized under Section 59.14 of | ||||||
| 16 | the Environmental Protection Act. State Boating Act Fund for | ||||||
| 17 | use by the Department of Natural Resources for the ordinary | ||||||
| 18 | and contingent expenses of the Department of Natural | ||||||
| 19 | Resources. No permit application shall be processed until the | ||||||
| 20 | application fee is paid to the Department of Natural | ||||||
| 21 | Resources. The monies deposited into the Water Resources State | ||||||
| 22 | Boating Act Fund under this Section shall not be subject to | ||||||
| 23 | administrative charges or chargebacks unless otherwise | ||||||
| 24 | authorized by this Act. | ||||||
| 25 | (Source: P.A. 97-1136, eff. 1-1-13.) | ||||||