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| AN ACT concerning conservation.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| University of Illinois Scientific Surveys Act. |
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| Section 5. Purposes. The purposes of this Act are to |
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| establish at the University of Illinois an institute for |
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| natural resources sustainability and to transfer to it all |
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| rights, powers, duties, property, and functions currently |
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| vested in the Department of Natural Resources pertaining to its |
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| Natural History Survey division, State Water Survey division, |
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| State Geological Survey division, and Waste Management and |
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| Research Center division (which may also be referred to as the |
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| Illinois Sustainable Technology Center). |
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| Section 10. Definitions. For the purposes of this Act, |
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| unless the context otherwise requires: |
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| "Board of Trustees" means the Board of Trustees of the |
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| University of Illinois. |
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| "Scientific Surveys" means, collectively, the State |
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| Natural History Survey division, the State Water Survey |
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| division, the State Geological Survey division, and the Waste |
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| Management and Research Center division transferred by this Act |
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SB0970 Enrolled |
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| from the Department of Natural Resources to the Board of |
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| Trustees. |
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| Section 15. Organization. The Board of Trustees shall |
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| establish and operate an institute for natural sciences and |
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| sustainability. The institute shall contain within it the State |
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| Natural History Survey division, the State Water Survey |
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| division, the State Geological Survey division, the Waste |
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| Management and Research Center division, and such other related |
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| entities, research functions, and responsibilities as may be |
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| appropriate. The institute shall be under the governance and |
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| control of the Board of Trustees. |
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| Section 20. General powers and duties. In addition to its |
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| other powers and duties, the Board of Trustees shall have the |
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| power to provide for the management and operation of the |
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| Scientific Surveys including, but not limited to, the following |
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| powers and duties which shall be performed by the Scientific |
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| Surveys: |
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| (1) To investigate and study the natural resources of the |
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| State and to prepare reports and furnish information |
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| fundamental to the conservation and development of natural |
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| resources and, for that purpose, the officers and employees |
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| thereof shall have the authority to enter and cross all lands |
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| in this State, doing no damage to private property. |
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| (2) To collaborate with and advise departments having |
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| administrative powers and duties relating to the natural |
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| resources of the State, and to collaborate with similar |
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| departments in other states and with the United States |
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| Government. |
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| (3) To conduct a natural history survey of the State, |
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| giving preference to subjects of educational and economical |
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| importance. |
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| (4) To investigate the entomology of the State. |
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| (5) To investigate all insects dangerous or injurious to |
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| agricultural or horticultural plants and crops, to livestock, |
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| to nursery trees and plants, to the products of the truck farm |
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| and vegetable garden, to shade trees and other ornamental |
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| vegetation of cities and villages, and to the products of the |
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| mills and the contents of warehouses, and all insects injurious |
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| or dangerous to the public health. |
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| (6) To study the geological formation of the State with |
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| reference to its resources of coal, ores, clays, building |
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| stones, cement, materials suitable for use in the construction |
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| of the roads, gas, oil, mineral and artesian water, aquifers |
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| and aquitards, and other resources and products. |
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| (7) To cooperate with United States federal agencies in the |
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| preparation and completion of a contour topographic map and the |
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| collection, recording, and printing of water and atmospheric |
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| resource data including stream flow measurements and to collect |
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| facts and data concerning the volumes and flow of underground, |
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| surface, and atmospheric waters of the State and to determine |
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| the mineral and chemical qualities of water from different |
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| geological formations and surface and atmospheric waters for |
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| the various sections of the State. |
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| (8) To act as the central data repository and research |
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| coordinator for the State in matters related to water and |
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| atmospheric resources. The State Water Survey of the University |
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| of Illinois may monitor and evaluate all weather modification |
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| operations in Illinois. |
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| (9) To collaborate with the Illinois State Academy of |
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| Science and to publish the results of the investigations and |
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| research in the field of natural science to the end that the |
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| same may be distributed to the interested public. |
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| (10) To perform all other duties and assume all obligations |
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| of the Department of Natural Resources pertaining to the State |
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| Water Survey, the State Geological Survey, the State Natural |
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| History Survey, and the Waste Management and Research Center. |
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| (11) To maintain all previously existing relationships |
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| between the State Water Survey, the State Geological Survey, |
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| the State Natural History Survey, and the Illinois Sustainable |
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| Technology Center and the public and private colleges and |
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| universities in Illinois. |
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| (12) To participate in federal geologic mapping programs.
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| (13) To conduct educational programs to further the |
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| exchange of information
to reduce the generation of hazardous |
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| wastes or to treat or dispose of
such wastes so as to make them |
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| nonhazardous.
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| (14) To provide a technical information service for |
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| industries involved in
the generation, treatment, or disposal |
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| of hazardous wastes.
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| (15) To disseminate information regarding advances in |
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| hazardous waste
management technology that could both protect |
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| the environment and further
industrial productivity.
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| (16) To provide research in areas related to reduction of |
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| the generation of
hazardous wastes; treatment, recycling and |
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| reuse; and other issues that
the Board may suggest. |
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| Section 25. Transfer of powers. All of the rights, powers, |
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| and duties vested by law in the Department of Natural |
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| Resources, or in any office, division, or bureau thereof, and |
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| pertaining in any way to the operation, management, control, |
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| and maintenance of the Scientific Surveys, including but not |
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| limited to, the authority to impose and collect fees and |
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| service charges, as deemed appropriate and necessary by the |
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| Board of Trustees, for the services performed or provided by |
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| the Scientific Surveys, are hereby transferred to and vested in |
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| the Board of Trustees. |
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| Section 30. Transfer of personnel. The employment of all |
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| scientific and nonscientific personnel employed by the |
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| Department of Natural Resources on behalf of the Scientific |
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| Surveys is hereby transferred to the Board of Trustees. The |
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| transfer shall not affect the status and rights of any person |
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| under the State Universities Retirement System or the State |
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| Universities Civil Service System. |
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| Section 35. Transfer of property. |
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| (a) All books, records, papers, documents, property (real |
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| and personal), contracts, grants, and pending business in any |
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| way pertaining to the Scientific Surveys and to the rights, |
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| powers, and duties transferred by this Act from the Department |
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| of Natural Resources to the Board of Trustees, including but |
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| not limited to material in electronic or magnetic format and |
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| necessary computer hardware and software, shall be delivered |
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| and transferred to the Board of Trustees. |
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| (b) The Board of Trustees shall succeed to, assume, and |
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| exercise all rights, powers, duties, property, and |
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| responsibilities formerly exercised by the Department of |
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| Natural Resources on behalf of the Scientific Surveys prior to |
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| the effective date of this Section. All contracts, grants, and |
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| agreements entered into by any of the Scientific Surveys or the |
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| Department of Natural Resources on behalf of any of the |
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| Scientific Surveys, prior to the effective date of this Section |
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| shall subsist notwithstanding the transfer of the functions of |
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| the Department of Natural Resources with respect to Scientific |
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| Surveys to the Board of Trustees. All bonds, notes, and other |
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| evidences of indebtedness outstanding on the effective date of |
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| this Section issued by the Department of Natural Resources on |
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| behalf of the Scientific Surveys, or any of them, shall become |
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| the bonds, notes, or other evidences of indebtedness of the |
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| University of Illinois and shall be otherwise unaffected by the |
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| transfer of functions to the Board of Trustees. |
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| (c) The title to all patents, trademarks, and copyrights |
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| issued to any of the Scientific Surveys prior to the effective |
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| date of this Section is hereby transferred to and vested in the |
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| Board of Trustees. Any income received from those patents, |
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| trademarks, and copyrights and any funds received in connection |
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| with the retention, receipt, assignment, license, sale, or |
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| transfer of interest in, rights to, or income from discoveries, |
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| inventions, patents, trademarks, or copyrightable works of any |
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| of the Scientific Surveys shall become the property of the |
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| Board of Trustees on behalf of the University of Illinois. |
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| (d) The title to all other property, whether real, |
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| personal, or mixed, and all accounts receivable belonging to or |
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| under the jurisdiction of the Department of Natural Resources |
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| in any way pertaining to the Scientific Surveys, or any of |
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| them, prior to the effective date of this Section is hereby |
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| transferred to and vested in the Board of Trustees on behalf of |
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| the University of Illinois. |
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| Section 40. Unexpended moneys transferred. |
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| (a) The right of custody, possession, and control over all |
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| items of income, funds, or deposits in any way pertaining to |
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| the Scientific Surveys prior to the effective date of this |
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| Section that are held or retained by, or under the jurisdiction |
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| of, the Department of Natural Resources is hereby transferred |
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| to and vested in the Board of Trustees to be retained by the |
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| University in its treasury, or deposited with a bank or savings |
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| and loan association, all in accordance with the provisions of |
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| paragraph (2) of Section 6d of the State Finance Act. |
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| (b) All unexpended appropriations and balances and other |
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| moneys available for use in connection with any of the |
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| functions transferred to the Board of Trustees under this Act, |
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| including but not limited to all unexpended grant proceeds |
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| pertaining in any way to the Scientific Surveys, is hereby |
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| transferred from the Department of Natural Resources to the |
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| Board of Trustees for use by the Board of Trustees in the |
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| exercise of those functions transferred. Unexpended balances |
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| so transferred shall be retained by the University of Illinois |
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| in its own treasury, or deposited with a bank or savings and |
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| loan association, and expended only for the purpose for which |
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| the appropriations or grants were originally made, all in |
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| accordance with the provisions of paragraph (2) of Section 6d |
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| of the State Finance Act. |
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| Section 45. Funds retained and disbursed. The University of |
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| Illinois may retain in its treasury any funds derived from |
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| contracts, grants, fees, service charges, rentals, or other |
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| sources, assessed or obtained for or arising out of the |
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| operation of the Scientific Surveys. Those funds shall be |
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| disbursed from time to time pursuant to the order and direction |
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| of the Board of Trustees, and in accordance with any contracts, |
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| pledges, trusts, or agreements heretofore or hereafter made by |
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| the Board of Trustees. |
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| Section 50. Savings provisions. |
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| (a) The rights, powers and duties retained in the |
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| Department of Natural Resources and not transferred under this |
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| Act shall remain vested in and shall be exercised by the |
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| Department subject to the provisions of this Act. |
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| (b) The transfer of rights, powers, and duties to the Board |
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| of Trustees under this Act does not invalidate any previous |
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| action taken by or in respect to any of its predecessor |
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| departments or divisions or their officers or employees. |
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| References to these predecessor departments or divisions or |
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| their officers or employees in any document, contract, |
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| agreement, or law shall, in appropriate contexts, be deemed to |
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| refer to the successor department, agency, officer, or |
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| employee. The Scientific Surveys shall continue to be eligible |
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| to receive sponsored funding from the Department of Natural |
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| Resources or any other State agency. |
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| (c) The transfer of powers and duties to the Board of |
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| Trustees under this Act does not affect any person's rights, |
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| obligations, or duties, including any civil or criminal |
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| penalties applicable thereto, arising out of those transferred |
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| powers and duties. |
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| (d) Whenever reports or notices are now required to be made |
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| or given or documents furnished or served by any person to or |
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| upon the departments or divisions, officers, and employees |
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| transferred by this Act, they shall be made, given, furnished, |
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| or served in the same manner to or upon the successor |
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| department or agency, officer, or employee. |
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| (e) This Act does not affect any act done, ratified, or |
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| cancelled, any right occurring or established, or any action or |
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| proceeding had or commenced in an administrative, civil, or |
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| criminal cause before this Act takes effect. Any such action or |
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| proceeding still pending may be prosecuted and continued by the |
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| Department of Natural Resources. |
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| Section 55. Successor agency. For purposes of the Successor |
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| Agency Act and Section 9b of the State Finance Act, the Board |
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| of Trustees is the successor to the Department of Natural |
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| Resources with respect to the rights, powers, duties, property, |
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| functions, and other matters transferred by this Act. |
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| Section 800. The Personnel Code is amended by changing |
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| Section 4c as follows: |
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| (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) |
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| Sec. 4c. General exemptions. The following positions in |
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| State
service shall be exempt from jurisdictions A, B, and C, |
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| unless the
jurisdictions shall be extended as provided in this |
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| Act:
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| (1) All officers elected by the people.
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| (2) All positions under the Lieutenant Governor, |
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| Secretary of State,
State Treasurer, State Comptroller, |
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| State Board of Education, Clerk of
the Supreme Court,
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| Attorney General, and State Board of Elections.
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| (3) Judges, and officers and employees of the courts, |
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| and notaries
public.
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| (4) All officers and employees of the Illinois General |
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| Assembly, all
employees of legislative commissions, all |
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| officers and employees of the
Illinois Legislative |
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| Reference Bureau, the Legislative
Research Unit, and the |
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| Legislative Printing Unit.
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| (5) All positions in the Illinois National Guard and |
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| Illinois State
Guard, paid from federal funds or positions
|
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| in the State Military Service filled by enlistment and paid |
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| from State
funds.
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| (6) All employees of the Governor at the executive |
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| mansion and on
his immediate personal staff.
|
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| (7) Directors of Departments, the Adjutant General, |
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| the Assistant
Adjutant General, the Director of the |
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| Illinois Emergency
Management Agency, members of boards |
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| and commissions, and all other
positions appointed by the |
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| Governor by and with the consent of the
Senate.
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| (8) The presidents, other principal administrative |
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| officers, and
teaching, research and extension faculties |
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| of
Chicago State University, Eastern Illinois University, |
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LRB095 05812 CMK 25902 b |
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| Governors State
University, Illinois State University, |
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| Northeastern Illinois University,
Northern Illinois |
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| University, Western Illinois University, the Illinois
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| Community College Board, Southern Illinois
University, |
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| Illinois Board of Higher Education, University of
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| Illinois, State Universities Civil Service System, |
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| University Retirement
System of Illinois, and the |
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| administrative officers and scientific and
technical staff |
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| of the Illinois State Museum.
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| (9) All other employees except the presidents, other |
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| principal
administrative officers, and teaching, research |
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| and extension faculties
of the universities under the |
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| jurisdiction of the Board of Regents and
the colleges and |
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| universities under the jurisdiction of the Board of
|
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| Governors of State Colleges and Universities, Illinois |
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| Community College
Board, Southern Illinois University, |
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| Illinois Board of Higher Education,
Board of Governors of |
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| State Colleges and Universities, the Board of
Regents, |
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| University of Illinois, State Universities Civil Service
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| System, University Retirement System of Illinois, so long |
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| as these are
subject to the provisions of the State |
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| Universities Civil Service Act.
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| (10) The State Police so long as they are subject to |
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| the merit
provisions of the State Police Act.
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| (11) (Blank). The scientific staff of the State |
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| Scientific Surveys and the
Waste Management and Research
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LRB095 05812 CMK 25902 b |
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| Center.
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| (12) The technical and engineering staffs of the |
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| Department of
Transportation, the Department of Nuclear |
4 |
| Safety, the Pollution Control
Board, and the Illinois |
5 |
| Commerce Commission, and the technical and engineering
|
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| staff providing architectural and engineering services in |
7 |
| the Department of
Central Management Services.
|
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| (13) All employees of the Illinois State Toll Highway |
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| Authority.
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| (14) The Secretary of the Illinois Workers' |
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| Compensation Commission.
|
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| (15) All persons who are appointed or employed by the |
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| Director of
Insurance under authority of Section 202 of the |
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| Illinois Insurance Code
to assist the Director of Insurance |
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| in discharging his responsibilities
relating to the |
16 |
| rehabilitation, liquidation, conservation, and
dissolution |
17 |
| of companies that are subject to the jurisdiction of the
|
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| Illinois Insurance Code.
|
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| (16) All employees of the St. Louis Metropolitan Area |
20 |
| Airport
Authority.
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| (17) All investment officers employed by the Illinois |
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| State Board of
Investment.
|
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| (18) Employees of the Illinois Young Adult |
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| Conservation Corps program,
administered by the Illinois |
25 |
| Department of Natural Resources, authorized
grantee under |
26 |
| Title VIII of the Comprehensive
Employment and Training Act |
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| of 1973, 29 USC 993.
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| (19) Seasonal employees of the Department of |
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| Agriculture for the
operation of the Illinois State Fair |
4 |
| and the DuQuoin State Fair, no one
person receiving more |
5 |
| than 29 days of such employment in any calendar year.
|
6 |
| (20) All "temporary" employees hired under the |
7 |
| Department of Natural
Resources' Illinois Conservation |
8 |
| Service, a youth
employment program that hires young people |
9 |
| to work in State parks for a period
of one year or less.
|
10 |
| (21) All hearing officers of the Human Rights |
11 |
| Commission.
|
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| (22) All employees of the Illinois Mathematics and |
13 |
| Science Academy.
|
14 |
| (23) All employees of the Kankakee River Valley Area
|
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| Airport Authority.
|
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| (24) The commissioners and employees of the Executive |
17 |
| Ethics
Commission.
|
18 |
| (25) The Executive Inspectors General, including |
19 |
| special Executive
Inspectors General, and employees of |
20 |
| each Office of an
Executive Inspector General.
|
21 |
| (26) The commissioners and employees of the |
22 |
| Legislative Ethics
Commission.
|
23 |
| (27) The Legislative Inspector General, including |
24 |
| special Legislative
Inspectors General, and employees of |
25 |
| the Office of
the Legislative Inspector General.
|
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| (28) The Auditor General's Inspector General and |
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| employees of the Office
of the Auditor General's Inspector |
2 |
| General.
|
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| (Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05; |
4 |
| 93-1091, eff. 3-29-05.)
|
5 |
| Section 805. The Department of Commerce and Economic |
6 |
| Opportunity Law of the
Civil Administrative Code of Illinois is |
7 |
| amended by changing Section 605-515 as follows:
|
8 |
| (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
|
9 |
| Sec. 605-515. Environmental Regulatory Assistance Program.
|
10 |
| (a) In this Section, except where the
context clearly |
11 |
| requires otherwise, "small business stationary source" means a
|
12 |
| business that is owned
or operated by a person that employs 100 |
13 |
| or fewer individuals; is a small
business; is not a major |
14 |
| stationary source as defined in Titles I and III
of the federal |
15 |
| 1990 Clean Air Act Amendments; does not emit 50 tons or more
|
16 |
| per year of any regulated pollutant (as defined under the |
17 |
| federal Clean Air
Act); and emits less than 75 tons per year of |
18 |
| all regulated pollutants.
|
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| (b) The Department may:
|
20 |
| (1) Provide access to technical and compliance |
21 |
| information for
Illinois firms, including small and middle |
22 |
| market companies, to facilitate
local business compliance |
23 |
| with the federal, State, and local environmental
|
24 |
| regulations.
|
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SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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| (2) Coordinate and enter into cooperative agreements |
2 |
| with a State
ombudsman office, which shall be established |
3 |
| in accordance with the federal
1990 Clean Air Act |
4 |
| Amendments to provide direct oversight to the program
|
5 |
| established under that Act.
|
6 |
| (3) Enter into contracts, cooperative agreements, and |
7 |
| financing
agreements and establish and collect charges and |
8 |
| fees necessary or
incidental to the performance of duties |
9 |
| and the execution of powers
under this Section.
|
10 |
| (4) Accept and expend, subject to appropriation, |
11 |
| gifts, grants,
awards, funds, contributions, charges, |
12 |
| fees, and other financial or
nonfinancial aid from federal, |
13 |
| State, and local governmental agencies,
businesses, |
14 |
| educational agencies, not-for-profit organizations, and |
15 |
| other
entities, for the purposes of this Section.
|
16 |
| (5) Establish, staff, and administer programs and |
17 |
| services and adopt
such rules and regulations necessary to |
18 |
| carry out the intent of
this Section and Section 507, |
19 |
| "Small Business Stationary Source Technical
and |
20 |
| Environmental Compliance Assistance Program", of the |
21 |
| federal 1990
Clean Air Act Amendments.
|
22 |
| (c) The Department's environmental compliance programs and |
23 |
| services for
businesses may include, but need not be limited |
24 |
| to, the following:
|
25 |
| (1) Communication and outreach services to or on behalf |
26 |
| of individual
companies, including collection and |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| compilation of appropriate information
on regulatory |
2 |
| compliance issues and control technologies, and |
3 |
| dissemination
of that information through publications, |
4 |
| direct mailings,
electronic
communications, conferences, |
5 |
| workshops, one-on-one counseling, and other
means of |
6 |
| technical assistance.
|
7 |
| (2) Provision of referrals and access to technical
|
8 |
| assistance, pollution prevention and facility audits, and |
9 |
| otherwise
serving as an information clearinghouse on |
10 |
| pollution prevention through the
coordination of the Waste |
11 |
| Management and Research Center , a
division of the |
12 |
| University of Illinois Department of Natural Resources . In |
13 |
| addition,
environmental and regulatory compliance issues |
14 |
| and techniques, which may
include business rights and |
15 |
| responsibilities, applicable permitting and
compliance |
16 |
| requirements, compliance methods and acceptable control
|
17 |
| technologies, release detection, and other applicable |
18 |
| information may be
provided.
|
19 |
| (3) Coordination with and provision of administrative |
20 |
| and logistical
support to the State
Compliance Advisory |
21 |
| Panel.
|
22 |
| (d) There is hereby created a special fund in the State |
23 |
| Treasury to be
known as the Small Business Environmental |
24 |
| Assistance Fund. Monies received
under subdivision (b)(4) of |
25 |
| this Section shall be deposited into the Fund.
|
26 |
| Monies in the Small Business Environmental Assistance Fund |
|
|
|
SB0970 Enrolled |
- 18 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| may be used,
subject to appropriation, only for the purposes |
2 |
| authorized by this Section.
|
3 |
| (Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
|
4 |
| Section 810. The Department of Natural Resources Act is |
5 |
| amended by changing Sections 1-25 and 20-5 as follows:
|
6 |
| (20 ILCS 801/1-25)
|
7 |
| Sec. 1-25. Powers of the scientific surveys and State |
8 |
| Museum.
In addition to its other powers and duties, the |
9 |
| Department shall
have the following powers and duties which |
10 |
| shall be performed by the
scientific surveys and the State |
11 |
| Museum:
|
12 |
| (1) To investigate and study the natural resources of |
13 |
| the State and
to prepare printed reports and furnish |
14 |
| information fundamental to the
conservation and |
15 |
| development of natural resources and for that purpose
the |
16 |
| officers and employees thereof may, pursuant to rule |
17 |
| adopted by the
Department, enter and cross all lands in |
18 |
| this State, doing
no damage to private property.
|
19 |
| (2) To cooperate with and advise departments having |
20 |
| administrative
powers and duties relating to the natural |
21 |
| resources of the State, and to
cooperate with similar |
22 |
| departments in other states and with the United
States |
23 |
| Government.
|
24 |
| (3) To conduct a natural history survey of the State, |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| giving
preference to subjects of educational and |
2 |
| economical importance.
|
3 |
| (4) To publish, from time to time, reports covering the |
4 |
| entire field
of zoology and botany of the State.
|
5 |
| (5) To supply natural history specimens to the State |
6 |
| educational
institutions and to the public schools.
|
7 |
| (6) To investigate the entomology of the State.
|
8 |
| (7) To investigate all insects dangerous or injurious |
9 |
| to
agricultural or horticultural plants and crops, |
10 |
| livestock, to nursery
trees and plants, to the products of |
11 |
| the truck farm and vegetable
garden, to shade trees and |
12 |
| other ornamental vegetation of cities and
villages, to the |
13 |
| products of the mills and the contents of warehouses,
and |
14 |
| all insects injurious or dangerous to the public health.
|
15 |
| (8) To conduct experiments with methods for the |
16 |
| prevention, arrest,
abatement and control of insects |
17 |
| injurious to persons or property.
|
18 |
| (9) To instruct the people, by lecture, demonstration |
19 |
| or bulletin,
in the best methods of preserving and |
20 |
| protecting their property and
health against injuries by |
21 |
| insects.
|
22 |
| (10) To publish, from time to time, articles on the |
23 |
| injurious and
beneficial insects of the State.
|
24 |
| (11) To study the geological formation of the State |
25 |
| with reference
to its resources of coal, ores, clays, |
26 |
| building stones, cement,
materials suitable for use in the |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| construction of roads, gas, mineral
and artesian water and |
2 |
| other products.
|
3 |
| (12) To publish, from time to time, topographical, |
4 |
| geological and
other maps to illustrate resources of the |
5 |
| State.
|
6 |
| (13) To publish, from time to time, bulletins giving a |
7 |
| general and
detailed description of the geological and |
8 |
| mineral resources, including
water resources, of the |
9 |
| State.
|
10 |
| (14) To cooperate with United States federal agencies |
11 |
| in the preparation
and completion of a contour topographic |
12 |
| map and the collection, recording
and printing of water and |
13 |
| atmospheric resource data including stream flow
|
14 |
| measurements and to collect facts and data concerning the |
15 |
| volumes and flow
of underground, surface and atmospheric |
16 |
| waters of the State and to
determine the mineral qualities |
17 |
| of water from different geological
formations and surface |
18 |
| and atmospheric waters for the various sections of
the |
19 |
| State.
|
20 |
| (15) To publish, from time to time, the results of its
|
21 |
| investigations of the mineral qualities, volumes and flow |
22 |
| of underground
and surface waters of the State to the end |
23 |
| that the available water
resources of the State may be |
24 |
| better known and to make mineral analyses
of samples of |
25 |
| water from municipal or private sources giving no opinion
|
26 |
| from those analyses of the hygienic, physiological or |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| medicinal
qualities of such waters.
|
2 |
| (16) To act as the central data repository and research |
3 |
| coordinator
for the State in matters related to water and |
4 |
| atmospheric resources.
The State Water Survey Division of |
5 |
| the Department may monitor and evaluate
all weather |
6 |
| modification operations in Illinois.
|
7 |
| (17) To distribute, in its discretion, to the various |
8 |
| educational
institutions of the State, specimens, samples, |
9 |
| and materials collected
by it after the same have served |
10 |
| the purposes of the Department.
|
11 |
| (3) (18) To cooperate with the Illinois State Academy |
12 |
| of Science and to
publish a suitable number of the results |
13 |
| of the investigations and
research in the field of natural |
14 |
| science to the end that the same may be
distributed to the |
15 |
| interested public.
|
16 |
| (4) (19) To maintain a State Museum, and to collect and |
17 |
| preserve objects
of scientific and artistic value, |
18 |
| representing past and present fauna
and flora, the life and |
19 |
| work of man, geological history, natural
resources, and the |
20 |
| manufacturing and fine arts; to interpret for and
educate |
21 |
| the public concerning the foregoing.
|
22 |
| (5) (20) To cooperate with the Illinois State Museum |
23 |
| Society for the
mutual benefit of the Museum and the |
24 |
| Society, with the Museum furnishing
necessary space for the |
25 |
| Society to carry on its functions and keep its
records, |
26 |
| and, upon the recommendation of the Museum Director with |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| the
approval of the Board of State Museum Advisors and the |
2 |
| Director of the
Department, to enter into agreements with |
3 |
| the Illinois State Museum
Society for the operation of a |
4 |
| sales counter and other concessions for
the mutual benefit |
5 |
| of the Museum and the Society.
|
6 |
| (6) (21) To accept grants of property and to hold |
7 |
| property to be
administered as part of the State Museum for |
8 |
| the purpose of
preservation, research of interpretation of |
9 |
| significant areas within the
State for the purpose of |
10 |
| preserving, studying and interpreting
archaeological and |
11 |
| natural phenomena.
|
12 |
| (7) (22) To contribute to and support the operations, |
13 |
| programs
and capital development of public museums in this |
14 |
| State.
For the purposes of this Section, "public museum" |
15 |
| means a facility: (A) that
is operating for the purposes of |
16 |
| promoting cultural development
through
special activities |
17 |
| or programs or through performing arts that are
performed |
18 |
| in an indoor setting, and acquiring,
conserving, |
19 |
| preserving,
studying, interpreting, enhancing, and in |
20 |
| particular, organizing and
continuously exhibiting |
21 |
| specimens, artifacts, articles, documents and
other things |
22 |
| of historical, anthropological, archaeological, |
23 |
| industrial,
scientific or artistic import, to the public |
24 |
| for its instruction and
enjoyment, and (B) that either (i) |
25 |
| is operated by or located upon land
owned by a unit of |
26 |
| local
government
or (ii) is a museum that has an annual |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| attendance of at least
150,000 and
offers educational |
2 |
| programs to school groups during school hours.
A museum is |
3 |
| eligible to receive funds for capital development under
|
4 |
| this subdivision (7)
(22) only if it is operated by or |
5 |
| located upon land owned by a unit of local
government or if |
6 |
| it is certified by a unit of local
government in
which it |
7 |
| is located as a public museum meeting the criteria of this |
8 |
| Section.
Recipients of funds for capital development under
|
9 |
| this subdivision (7) (22) shall match State funds with |
10 |
| local or private funding
according to the following:
|
11 |
| (a) for a public museum with an attendance of |
12 |
| 300,000 or less during the
preceding calendar year, no |
13 |
| match is required;
|
14 |
| (b) for a public museum with an attendance of over |
15 |
| 300,000 but less than
600,000 during the preceding |
16 |
| calendar year, the match must be at a ratio of $1
from |
17 |
| local and
private funds for every $1 in State funds; |
18 |
| and
|
19 |
| (c) for a public museum with an attendance of over |
20 |
| 600,000 during the
preceding calendar year, the match |
21 |
| must be at a ratio of $2 from local and
private funds |
22 |
| for every
$1 in State funds.
|
23 |
| The Department shall formulate rules and regulations |
24 |
| relating to the
allocation of any funds appropriated by the |
25 |
| General Assembly for the
purpose of contributing to the |
26 |
| support of public museums in this State.
|
|
|
|
SB0970 Enrolled |
- 24 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (8) (23) To perform all other duties and assume all |
2 |
| obligations of the former
Department of Energy and Natural |
3 |
| Resources and the former Department of
Registration and |
4 |
| Education pertaining to the State Water Survey, the State
|
5 |
| Geological Survey, the State Natural History Survey, and |
6 |
| the State Museum.
|
7 |
| (24) To maintain all previously existing relationships |
8 |
| between the
State Water Survey, State Geological Survey, |
9 |
| and State Natural History
Survey and the public and private |
10 |
| colleges and universities in Illinois.
|
11 |
| (25) To participate in federal geologic mapping |
12 |
| programs.
|
13 |
| (Source: P.A. 92-606, eff. 6-28-02; 93-872, eff. 1-1-05.)
|
14 |
| (20 ILCS 801/20-5)
|
15 |
| Sec. 20-5. State Museum. The Department of Natural |
16 |
| Resources
shall have within it the office a division consisting |
17 |
| of the Illinois State Museum ,
which shall be within the Office |
18 |
| of Scientific Research and Analysis . The
Board of the Illinois |
19 |
| State Museum is retained as the governing
board for the State |
20 |
| Museum.
|
21 |
| (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96; 90-490, |
22 |
| eff.
8-17-97.)
|
23 |
| (20 ILCS 801/15-5 rep.)
|
24 |
| (20 ILCS 801/15-10 rep.)
|
|
|
|
SB0970 Enrolled |
- 25 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| Section 815. The Department of Natural Resources Act is |
2 |
| amended by repealing Sections 15-5 and 15-10. |
3 |
| Section 820. The Energy Conservation and Coal Development |
4 |
| Act is amended by changing Section 8 as follows:
|
5 |
| (20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
|
6 |
| Sec. 8. Illinois Coal Development Board.
|
7 |
| (a) There shall be established as an advisory board to the
|
8 |
| Department, the Illinois Coal
Development Board, hereinafter |
9 |
| in this Section called the Board. The Board
shall be composed |
10 |
| of the following voting members: the
Director of the
|
11 |
| Department, who shall be Chairman thereof; the Deputy Director |
12 |
| of the Bureau
of Business Development within the Department of |
13 |
| Commerce and Economic Opportunity; the President of the |
14 |
| University of Illinois or his or her designee; the Director of
|
15 |
| Natural
Resources or that Director's designee; the Director of |
16 |
| the Office of Mines and
Minerals within the Department of |
17 |
| Natural Resources;
4 members of the General Assembly (one each |
18 |
| appointed by the President of
the Senate, the Senate Minority |
19 |
| Leader, the Speaker of the House, and the House
Minority |
20 |
| Leader); and 8
persons appointed by the Governor, with the |
21 |
| advice and consent of the Senate,
including representatives of |
22 |
| Illinois
industries that are involved in the extraction, |
23 |
| utilization or transportation
of Illinois coal, persons |
24 |
| representing financial or banking interests in the
State, and |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| persons experienced in international business and economic
|
2 |
| development. These members shall be chosen from persons of |
3 |
| recognized ability
and experience in their designated field. |
4 |
| The members
appointed by the Governor shall serve
for terms of |
5 |
| 4 years, unless otherwise provided in this subsection. The
|
6 |
| initial terms of the original appointees shall expire on July |
7 |
| 1, 1985, except
that the Governor shall designate 3 of the |
8 |
| original appointees to serve initial
terms that shall expire on |
9 |
| July 1, 1983. The initial term of the member
appointed by the |
10 |
| Governor to fill the office created after July 1, 1985 shall
|
11 |
| expire on July 1, 1989. The initial terms of the members |
12 |
| appointed by the
Governor to fill the offices created by this |
13 |
| amendatory Act of 1993 shall
expire on July 1, 1995, and July |
14 |
| 1, 1997, as determined by the Governor.
A member appointed by
a |
15 |
| Legislative Leader shall serve for the duration of the General |
16 |
| Assembly for
which he or she is appointed, so long as the |
17 |
| member remains a member of that
General Assembly.
|
18 |
| The Board shall meet at least annually or at the call of |
19 |
| the Chairman.
At any time the majority of the Board may |
20 |
| petition the Chairman for a meeting
of the Board. Nine members |
21 |
| of the Board shall constitute a
quorum. Members of the Board |
22 |
| shall be reimbursed for actual and necessary
expenses incurred |
23 |
| while performing their duties as members of the Board from
|
24 |
| funds appropriated to the Department for such purpose.
|
25 |
| (b) The Board shall provide advice and make recommendations |
26 |
| on
the following Department powers and duties:
|
|
|
|
SB0970 Enrolled |
- 27 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (1) To develop an annual agenda which may include but |
2 |
| is not limited to
research and methodologies conducted for |
3 |
| the purpose of increasing the
utilization of Illinois' coal |
4 |
| and other fossil fuel resources, with
emphasis on high |
5 |
| sulfur coal, in the following areas: coal extraction,
|
6 |
| preparation and characterization; coal technologies |
7 |
| (combustion,
gasification, liquefaction, and related |
8 |
| processes); marketing;
public awareness and education, as |
9 |
| those terms are used in the Illinois
Coal Technology |
10 |
| Development Assistance Act; transportation; procurement of
|
11 |
| sites and issuance of permits; and environmental impacts.
|
12 |
| (2) To support and coordinate Illinois coal research, |
13 |
| and to approve
projects consistent with the annual agenda |
14 |
| and budget for coal research and
the purposes of this Act |
15 |
| and to
approve the annual budget and operating plan
for |
16 |
| administration of the Board.
|
17 |
| (3) To promote the coordination of available research |
18 |
| information on the
production, preparation, distribution |
19 |
| and uses of Illinois coal. The Board
shall advise the |
20 |
| existing research institutions within the State on areas
|
21 |
| where research may be necessary.
|
22 |
| (4) To cooperate to the fullest extent possible with |
23 |
| State and federal
agencies and departments, independent |
24 |
| organizations, and other interested
groups, public and |
25 |
| private, for the purposes of promoting Illinois coal
|
26 |
| resources.
|
|
|
|
SB0970 Enrolled |
- 28 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (5) To submit an annual report to the Governor and the |
2 |
| General Assembly
outlining the progress and |
3 |
| accomplishments made in the year, providing an
accounting |
4 |
| of funds received and disbursed, reviewing the status of |
5 |
| research
contracts, and furnishing other relevant |
6 |
| information.
|
7 |
| (6) To focus on existing coal research efforts in |
8 |
| carrying out its
mission; to make use of existing research
|
9 |
| facilities in Illinois or other institutions carrying out |
10 |
| research on
Illinois coal; as far as practicable, to make
|
11 |
| maximum
use of
the research facilities available at the |
12 |
| Illinois State Geological Survey of the University of |
13 |
| Illinois ,
the Coal Extraction and Utilization Research |
14 |
| Center, the Illinois Coal
Development Park and |
15 |
| universities and colleges located within
the State of |
16 |
| Illinois; and to create
a
consortium or center which |
17 |
| conducts, coordinates and supports coal research
|
18 |
| activities in the State of Illinois. Programmatic |
19 |
| activities of such a
consortium or center shall be subject |
20 |
| to approval by the Department and shall be
consistent with |
21 |
| the purposes of this Act. The Department may
authorize
|
22 |
| expenditure of funds in support of the administrative and |
23 |
| programmatic
operations of such a center or consortium |
24 |
| consistent with its statutory
authority. Administrative |
25 |
| actions undertaken by or for such a center or
consortium |
26 |
| shall be subject to the approval of the Department.
|
|
|
|
SB0970 Enrolled |
- 29 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (7) To make a reasonable attempt, before initiating any |
2 |
| research under
this Act, to avoid duplication of effort and |
3 |
| expense by coordinating the
research efforts among various |
4 |
| agencies, departments, universities or
organizations, as |
5 |
| the case may be.
|
6 |
| (8) To adopt, amend and repeal rules, regulations and |
7 |
| bylaws governing
the Board's organization and conduct of |
8 |
| business.
|
9 |
| (9) To authorize the expenditure of monies from the |
10 |
| Coal Technology
Development Assistance Fund, the Public |
11 |
| Utility Fund and other funds in
the State Treasury |
12 |
| appropriated to the Department, consistent with the
|
13 |
| purposes of this Act.
|
14 |
| (10) To seek, accept, and expend gifts or grants in any |
15 |
| form, from any
public agency or from any other source. Such |
16 |
| gifts and grants may be held
in trust by the Department and |
17 |
| expended at the direction of the
Department and
in the |
18 |
| exercise of the Department's powers and performance of
the |
19 |
| Department's duties.
|
20 |
| (11) To publish, from time to time, the results of |
21 |
| Illinois coal research
projects funded through the |
22 |
| Department.
|
23 |
| (12) To authorize loans from appropriations from the |
24 |
| Build Illinois
Bond Purposes Fund, the Build Illinois Bond |
25 |
| Fund and the Illinois
Industrial Coal Utilization Fund.
|
26 |
| (13) To authorize expenditures of monies for coal |
|
|
|
SB0970 Enrolled |
- 30 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| development projects
under the authority of Section 13 of |
2 |
| the General Obligation Bond Act.
|
3 |
| (c) The Board shall also provide advice and make |
4 |
| recommendations on the following Department powers and duties:
|
5 |
| (1) To create and maintain thorough, current and |
6 |
| accurate records on
all markets for and actual uses of coal |
7 |
| mined in Illinois, and to make such
records available to |
8 |
| the public upon request.
|
9 |
| (2) To identify all current and anticipated future |
10 |
| technical,
economic, institutional, market, environmental, |
11 |
| regulatory and other
impediments to the utilization of |
12 |
| Illinois coal.
|
13 |
| (3) To monitor and evaluate all proposals and plans of |
14 |
| public
utilities related to compliance with the |
15 |
| requirements of Title IV of the
federal Clean Air Act |
16 |
| Amendments of 1990, or with any other law which might
|
17 |
| affect the use of Illinois coal, for the purposes of (i) |
18 |
| determining the
effects of such proposals or plans on the |
19 |
| use of Illinois coal, and (ii)
identifying alternative |
20 |
| plans or actions which would maintain or increase
the use |
21 |
| of Illinois coal.
|
22 |
| (4) To develop strategies and to propose policies to |
23 |
| promote
environmentally responsible uses of Illinois coal |
24 |
| for meeting electric
power supply requirements and for |
25 |
| other purposes.
|
26 |
| (5) (Blank).
|
|
|
|
SB0970 Enrolled |
- 31 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (Source: P.A. 94-793, eff. 5-19-06.)
|
2 |
| Section 825. The Clean Coal FutureGen for Illinois Act is |
3 |
| amended by changing Section 20 as follows: |
4 |
| (20 ILCS 1107/20) |
5 |
| (Section scheduled to be repealed on December 31, 2010)
|
6 |
| Sec. 20. Title to sequestered gas. If the FutureGen Project |
7 |
| locates at either the Tuscola or Mattoon site in the State of |
8 |
| Illinois, then the FutureGen Alliance agrees that the Operator |
9 |
| shall transfer and convey and the State of Illinois shall |
10 |
| accept and receive, with no payment due from the State of |
11 |
| Illinois, all rights, title, and interest in and to and any |
12 |
| liabilities associated with the sequestered gas, including any |
13 |
| current or future environmental benefits, marketing claims, |
14 |
| tradable credits, emissions allocations or offsets (voluntary |
15 |
| or compliance based) associated therewith, upon such gas |
16 |
| reaching the status of post-injection, which shall be verified |
17 |
| by the Agency or other designated State of Illinois agency. The |
18 |
| Operator shall retain all rights, title, and interest in and to |
19 |
| and any liabilities associated with the pre-injection |
20 |
| sequestered gas. The Illinois State Geological Survey of the |
21 |
| University of Illinois Department of Natural Resources shall |
22 |
| monitor, measure, and verify the permanent status of |
23 |
| sequestered carbon dioxide and co-sequestered gases in which |
24 |
| the State has acquired the right, title, and interest under |
|
|
|
SB0970 Enrolled |
- 32 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| this Section.
|
2 |
| (Source: P.A. 95-18, eff. 7-30-07.) |
3 |
| Section 830. The Hazardous Waste Technology Exchange |
4 |
| Service Act is amended by changing Sections 3, 4, and 6 as |
5 |
| follows:
|
6 |
| (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
|
7 |
| Sec. 3. For the purposes of this Act, unless the context |
8 |
| otherwise requires:
|
9 |
| (a) "Board" means the Board of Trustees of the University |
10 |
| of Illinois Natural Resources and Conservation of the
|
11 |
| Department of Natural Resources .
|
12 |
| (b) "Center" means the Waste Management and Research Center
|
13 |
| of the University of Illinois Department of Natural Resources .
|
14 |
| (c) "Department" means the Department of
Natural |
15 |
| Resources.
|
16 |
| (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
|
17 |
| (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
|
18 |
| Sec. 4. Waste Management and Research Center. The As soon |
19 |
| as may be
practicable after the effective date of
this Act, the |
20 |
| Department shall establish a
Hazardous Waste Research and
|
21 |
| Information Center.
On and after the effective date of this |
22 |
| amendatory Act of 1997, that Center
shall be known as the Waste |
23 |
| Management and Research Center is transferred to the University |
|
|
|
SB0970 Enrolled |
- 33 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| of Illinois .
|
2 |
| (Source: P.A. 90-490, eff. 8-17-97.)
|
3 |
| (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
|
4 |
| Sec. 6. Appropriations. For the purpose of maintaining the |
5 |
| Waste
Management and Research Center, paying the expenses and |
6 |
| providing the
facilities and structures incident thereto, |
7 |
| appropriations shall be made to
the University of Illinois |
8 |
| Department , payable from the Hazardous Waste Research Fund and |
9 |
| other
funds in the State Treasury.
|
10 |
| (Source: P.A. 90-490, eff. 8-17-97.)
|
11 |
| (20 ILCS 1130/5 rep.)
|
12 |
| Section 831. The Hazardous Waste Technology Exchange |
13 |
| Service Act is amended by repealing Section 5. |
14 |
| Section 835. The Green Governments Illinois Act is amended |
15 |
| by changing Section 15 as follows: |
16 |
| (20 ILCS 3954/15)
|
17 |
| Sec. 15. Composition of the Council. The Council shall be |
18 |
| comprised of representatives from various State agencies and |
19 |
| State universities with specific fiscal, procurement, |
20 |
| educational, and environmental policy expertise. The |
21 |
| Lieutenant Governor is the chair of the Council. The director |
22 |
| or President, respectively, of each of the following State |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| agencies and State universities , or his or her designee, is a |
2 |
| member of the Council: the Department of Commerce and Economic |
3 |
| Opportunity, the Environmental Protection Agency, the |
4 |
| University of Illinois; the Department of Natural Resources, |
5 |
| the Department of Natural Resources Waste Management and |
6 |
| Research Center , the Department of Central Management |
7 |
| Services, the Governor's Office of Management and Budget, the |
8 |
| Department of Agriculture, the Department of Transportation, |
9 |
| the Department of Corrections, the Department of Human |
10 |
| Services, the Department of Public Health, the State Board of |
11 |
| Education, the Board of Higher Education, and the Capital |
12 |
| Development Board. The Office of the Lieutenant Governor shall |
13 |
| provide administrative support to the Council. A minimum of one |
14 |
| staff position in the Office of the Lieutenant Governor shall |
15 |
| be dedicated to the Green Governments Illinois program.
|
16 |
| (Source: P.A. 95-657, eff. 10-10-07.) |
17 |
| Section 840. The State Finance Act is amended by changing |
18 |
| Sections 6z-14 and 8.24 as follows:
|
19 |
| (30 ILCS 105/6z-14) (from Ch. 127, par. 142z-14)
|
20 |
| Sec. 6z-14. The following items of income received by the |
21 |
| University of Illinois Department of
Natural Resources from |
22 |
| patents and
copyrights of the Illinois Scientific Surveys shall |
23 |
| be retained by the University of Illinois in its treasury |
24 |
| deposited into the General Revenue Fund : funds received in |
|
|
|
SB0970 Enrolled |
- 35 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| connection with the
retention, receipt, assignment, license, |
2 |
| sale or transfer of interests in,
rights to or income from |
3 |
| discoveries, inventions, patents or copyrightable
works. All |
4 |
| interest earned shall be deposited in the University of |
5 |
| Illinois Income
General Revenue Fund. The University Pursuant |
6 |
| to appropriation, the Department may use those moneys for the |
7 |
| purpose of appropriated for that purpose for patenting or |
8 |
| copyrighting discoveries,
inventions or copyrightable works or |
9 |
| supporting other programs of the
Illinois Scientific Surveys.
|
10 |
| (Source: P.A. 94-91, eff. 7-1-05.)
|
11 |
| (30 ILCS 105/8.24) (from Ch. 127, par. 144.24)
|
12 |
| Sec. 8.24. One hundred percent of the revenues received by |
13 |
| the University of Illinois Department
of Natural Resources from |
14 |
| the sale of publications, bulletins,
circulars, maps, reports, |
15 |
| catalogues and other data and information presented
in |
16 |
| documents shall be deposited into the University of Illinois |
17 |
| Income Natural Resources Information Fund.
Appropriations from |
18 |
| the Natural Resources Information Fund shall be made
to the |
19 |
| University of Illinois Department for the (1) expenses |
20 |
| connected with the production of
such documents and (2) |
21 |
| purchase of U.S. Geological Survey topographic maps
and other |
22 |
| documents. The Board of Trustees of the University of Illinois |
23 |
| of Natural Resources and Conservation shall
establish |
24 |
| guidelines governing fee schedules, conditions of sale, and
|
25 |
| administration of the Natural Resources Information Fund.
|
|
|
|
SB0970 Enrolled |
- 36 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (Source: P.A. 89-445, eff. 2-7-96.)
|
2 |
| Section 845. The Illinois Pension Code is amended by |
3 |
| changing Section 15-106 as follows:
|
4 |
| (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
|
5 |
| Sec. 15-106. Employer. "Employer": The University of |
6 |
| Illinois, Southern
Illinois University, Chicago State |
7 |
| University, Eastern Illinois University,
Governors State |
8 |
| University, Illinois State University, Northeastern Illinois
|
9 |
| University, Northern Illinois University, Western Illinois |
10 |
| University, the
State Board of Higher Education, the Illinois |
11 |
| Mathematics and Science Academy,
the State Geological Survey |
12 |
| Division of the Department of Natural Resources,
the State |
13 |
| Natural History Survey Division of the Department of Natural
|
14 |
| Resources, the State Water Survey Division of the Department of |
15 |
| Natural
Resources, the Waste Management and Research Center of |
16 |
| the Department of
Natural Resources, the University Civil |
17 |
| Service Merit Board, the Board of
Trustees of the State |
18 |
| Universities Retirement System, the Illinois Community
College |
19 |
| Board, community college
boards, any association of community |
20 |
| college boards organized under Section
3-55 of the Public |
21 |
| Community College Act, the Board of Examiners established
under |
22 |
| the Illinois Public Accounting Act, and, only during the period |
23 |
| for which
employer contributions required under Section 15-155 |
24 |
| are paid, the following
organizations: the alumni |
|
|
|
SB0970 Enrolled |
- 37 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| associations, the foundations and the athletic
associations |
2 |
| which are affiliated with the universities and colleges |
3 |
| included
in this Section as employers. |
4 |
| A department as defined in Section 14-103.04 is
an employer |
5 |
| for any person appointed by the Governor under the Civil
|
6 |
| Administrative Code of Illinois who is a participating employee |
7 |
| as defined in
Section 15-109. The Department of Central |
8 |
| Management Services is an employer with respect to persons |
9 |
| employed by the State Board of Higher Education in positions |
10 |
| with the Illinois Century Network as of June 30, 2004 who |
11 |
| remain continuously employed after that date by the Department |
12 |
| of Central Management Services in positions with the Illinois |
13 |
| Century Network, the Bureau of Communication and Computer |
14 |
| Services, or, if applicable, any successor bureau.
|
15 |
| The cities of Champaign and Urbana shall be considered
|
16 |
| employers, but only during the period for which contributions |
17 |
| are required to
be made under subsection (b-1) of Section |
18 |
| 15-155 and only with respect to
individuals described in |
19 |
| subsection (h) of Section 15-107.
|
20 |
| (Source: P.A. 95-369, eff. 8-23-07.)
|
21 |
| Section 850. The Illinois Drainage Code is amended by |
22 |
| changing Section 12-19 as follows:
|
23 |
| (70 ILCS 605/12-19) (from Ch. 42, par. 12-19)
|
24 |
| Sec. 12-19. Cooperation with other public agencies.
|
|
|
|
SB0970 Enrolled |
- 38 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| Commissioners of a district shall cooperate in the exchange of
|
2 |
| information pertaining to drainage with the commissioners of |
3 |
| other
districts and with local, State and Federal governments, |
4 |
| officers and
agencies operating in fields affecting or related |
5 |
| to drainage, including,
but not restricted to, the Department |
6 |
| of Natural Resources, the State Water
Resources and Flood |
7 |
| Control Board, the
State Soil Conservation Advisory Board, the |
8 |
| State Geological Survey of the University of Illinois
Division , |
9 |
| and the State Water Survey of the University of Illinois |
10 |
| Division .
|
11 |
| (Source: P.A. 89-445, eff. 2-7-96.)
|
12 |
| Section 855. The Solid Waste Disposal District Act is |
13 |
| amended by changing Section 24 as follows:
|
14 |
| (70 ILCS 3105/24) (from Ch. 85, par. 1674)
|
15 |
| Sec. 24. After the effective date of this Act, no district, |
16 |
| person, firm or
corporation, public or private, may establish a |
17 |
| new solid waste disposal
site or facility without first |
18 |
| obtaining a permit from the Environmental
Protection Agency |
19 |
| under the provisions of the Environmental Protection Act.
|
20 |
| Application for such permit shall be on forms provided by the |
21 |
| Agency and
shall be accompanied by such supporting documents as |
22 |
| the Agency shall
require. Prior to issuing a permit to |
23 |
| establish a new solid waste disposal
site or facility the |
24 |
| Agency shall review the application and supporting
documents |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| and make an on-site inspection of the proposed site. The Agency
|
2 |
| may request the Chief of the Illinois State Geological Survey |
3 |
| of the University of Illinois to prepare a
report concerning |
4 |
| the soil characteristics, water table, and other
appropriate |
5 |
| physical characteristics of the proposed site. If the proposed
|
6 |
| new solid waste disposal site or facility conforms to the |
7 |
| minimum standards
provided in such Act, the Agency shall issue |
8 |
| a permit for the operation of
such site or facility. If the |
9 |
| proposed new solid waste disposal site or
facility does not |
10 |
| conform to the minimum standards provided by such Act, no
|
11 |
| permit shall be issued and the solid waste disposal site or |
12 |
| facility shall
not be constructed or operated.
|
13 |
| (Source: P.A. 87-650.)
|
14 |
| Section 860. The University of Illinois Exercise of |
15 |
| Functions and Duties Law
of the Civil Administrative Code of |
16 |
| Illinois is amended by changing Section 3000-5 as follows:
|
17 |
| (110 ILCS 355/3000-5) (was 110 ILCS 355/62)
|
18 |
| Sec. 3000-5. Retention of duties by University of Illinois. |
19 |
| Unless
otherwise
provided by law, the functions and duties
|
20 |
| formerly exercised by the State entomologist, the State |
21 |
| laboratory of
natural history, the State water survey, and the |
22 |
| State geological survey
and
vested in the Illinois Department |
23 |
| of Natural
Resources and the functions and duties of the Waste |
24 |
| Management and
Research Center and its Hazardous Materials |
|
|
|
SB0970 Enrolled |
- 40 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| Laboratory as authorized by
the Hazardous Waste Technology |
2 |
| Exchange Service Act shall continue to be exercised at the
|
3 |
| University of Illinois in buildings and places provided by the |
4 |
| trustees
of the University.
|
5 |
| (Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
|
6 |
| Section 865. The Well Abandonment Act is amended by |
7 |
| changing Section 1 as follows:
|
8 |
| (225 ILCS 730/1) (from Ch. 96 1/2, par. 5201)
|
9 |
| Sec. 1. It is the duty of the permittee of any well drilled |
10 |
| or deepened
for oil or gas, to file all geophysical logs and a |
11 |
| well drilling report of
said well in the office of the State |
12 |
| Geological Survey Division of the University of Illinois |
13 |
| Department of Natural Resources within 90 days
after drilling |
14 |
| ceases.
|
15 |
| The well drilling report: (1) shall show the character
and |
16 |
| depth of the formations passed through or encountered in the |
17 |
| drilling
of the well, particularly showing the depth and |
18 |
| thickness of oil-bearing
strata, and gas-bearing strata, (2) |
19 |
| shall show the position and thickness
of coal beds and deposits |
20 |
| of mineral materials of economic value, and (3)
shall give the |
21 |
| location of the hole.
|
22 |
| The Department of Natural Resources shall supply
to the |
23 |
| Geological Survey a copy of each permit, showing the location |
24 |
| of the
well.
|
|
|
|
SB0970 Enrolled |
- 41 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (Source: P.A. 89-445, eff. 2-7-96.)
|
2 |
| Section 870. The Environmental Protection Act is amended by |
3 |
| changing Section 22.2 as follows:
|
4 |
| (415 ILCS 5/22.2) (from Ch. 111 1/2, par. 1022.2)
|
5 |
| Sec. 22.2. Hazardous waste; fees; liability.
|
6 |
| (a) There are hereby created within the State Treasury 2
|
7 |
| special funds to be known respectively as the "Hazardous Waste |
8 |
| Fund" and
the "Hazardous Waste Research Fund", constituted from |
9 |
| the fees collected
pursuant to this Section.
In addition to the |
10 |
| fees collected under this Section, the Hazardous Waste
Fund |
11 |
| shall include other moneys made available from any source for |
12 |
| deposit into
the Fund.
|
13 |
| (b) (1) On and after January 1, 1989, the Agency shall |
14 |
| collect from the
owner or operator of each of the following |
15 |
| sites a fee in the amount of:
|
16 |
| (A) 9 cents per gallon or $18.18 per cubic yard, if |
17 |
| the
hazardous waste disposal site is located off the |
18 |
| site where such waste was
produced. The maximum amount |
19 |
| payable under this subdivision (A) with respect
to the |
20 |
| hazardous waste generated by a single generator and |
21 |
| deposited in
monofills is $30,000 per year. If, as a |
22 |
| result of the use of multiple monofills, waste
fees in |
23 |
| excess of the maximum are assessed with respect to a |
24 |
| single waste
generator, the generator may apply to the |
|
|
|
SB0970 Enrolled |
- 42 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| Agency for a credit.
|
2 |
| (B) 9 cents or $18.18 per cubic yard, if the |
3 |
| hazardous waste
disposal site is located on the site |
4 |
| where such waste was produced,
provided however the |
5 |
| maximum amount of fees payable under this paragraph
(B) |
6 |
| is $30,000 per year for each such hazardous waste |
7 |
| disposal site.
|
8 |
| (C) If the hazardous waste disposal site is an |
9 |
| underground injection
well, $6,000 per year if not more |
10 |
| than 10,000,000 gallons per year are
injected, $15,000 |
11 |
| per year if more than 10,000,000 gallons but not more |
12 |
| than
50,000,000 gallons per year are injected, and |
13 |
| $27,000 per year if more than
50,000,000 gallons per |
14 |
| year are injected.
|
15 |
| (D) 3 cents per gallon or
$6.06 per cubic yard of |
16 |
| hazardous waste received
for treatment at a hazardous |
17 |
| waste treatment site, if the hazardous waste
treatment |
18 |
| site is located off the site where such waste was |
19 |
| produced and
if such hazardous waste treatment site is |
20 |
| owned, controlled and operated
by a person other than |
21 |
| the generator of such waste.
After treatment at such |
22 |
| hazardous waste treatment site, the waste shall
not be |
23 |
| subject to any other fee imposed by this subsection |
24 |
| (b). For purposes
of this subsection (b), the term |
25 |
| "treatment" is defined as in Section
3.505 but shall |
26 |
| not include recycling, reclamation or reuse.
|
|
|
|
SB0970 Enrolled |
- 43 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (2) The General Assembly shall annually appropriate to |
2 |
| the Fund such
amounts as it deems necessary to fulfill the |
3 |
| purposes of this Act.
|
4 |
| (3) The Agency shall have the authority to accept, |
5 |
| receive, and
administer on behalf of the State any moneys |
6 |
| made available to the State from
any source for the |
7 |
| purposes of the Hazardous Waste Fund set forth in |
8 |
| subsection
(d) of this Section.
|
9 |
| (4) Of the amount collected as fees provided for in |
10 |
| this Section, the
Agency shall manage the use of such funds |
11 |
| to assure that sufficient funds
are available for match |
12 |
| towards federal expenditures for response action at
sites |
13 |
| which are listed on the National Priorities List; provided, |
14 |
| however,
that this shall not apply to additional monies |
15 |
| appropriated to the Fund by
the General Assembly, nor shall |
16 |
| it apply in the event that the Director
finds that revenues |
17 |
| in the Hazardous Waste Fund must be used to address
|
18 |
| conditions which create or may create an immediate danger |
19 |
| to the
environment or public health or to the welfare of |
20 |
| the people of the State
of Illinois.
|
21 |
| (5) Notwithstanding the other provisions of this
|
22 |
| subsection (b), sludge from a publicly-owned sewage works |
23 |
| generated
in Illinois, coal mining wastes and refuse |
24 |
| generated in Illinois, bottom
boiler ash, flyash and flue |
25 |
| gas desulphurization sludge from public
utility electric |
26 |
| generating facilities located in Illinois, and bottom
|
|
|
|
SB0970 Enrolled |
- 44 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| boiler ash and flyash from all incinerators which process |
2 |
| solely
municipal waste shall not be subject to the fee.
|
3 |
| (6) For the purposes of this subsection (b), "monofill" |
4 |
| means a
facility, or a unit at a facility, that accepts |
5 |
| only wastes bearing the
same USEPA hazardous waste |
6 |
| identification number, or compatible wastes as
determined |
7 |
| by the Agency.
|
8 |
| (c) The Agency shall establish procedures, not later than |
9 |
| January 1,
1984, relating to the collection of the fees |
10 |
| authorized by this Section.
Such procedures shall include, but |
11 |
| not be limited to: (1) necessary records
identifying the |
12 |
| quantities of hazardous waste received or disposed; (2) the
|
13 |
| form and submission of reports to accompany the payment of fees |
14 |
| to the
Agency; and (3) the time and manner of payment of fees |
15 |
| to the Agency,
which payments shall be not more often than |
16 |
| quarterly.
|
17 |
| (d) Beginning July 1, 1996, the Agency shall deposit all |
18 |
| such receipts in the State Treasury to the credit of the
|
19 |
| Hazardous Waste Fund, except as provided in subsection (e) of |
20 |
| this Section.
All monies in the Hazardous Waste Fund shall be |
21 |
| used by the Agency for the following purposes:
|
22 |
| (1) Taking whatever preventive or corrective
action is |
23 |
| necessary or appropriate, in circumstances certified by |
24 |
| the
Director, including but not limited to removal or |
25 |
| remedial
action whenever there is a release or substantial |
26 |
| threat of a release of
a hazardous substance or pesticide; |
|
|
|
SB0970 Enrolled |
- 45 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| provided, the Agency shall
expend no more than $1,000,000 |
2 |
| on any single incident without appropriation
by the General |
3 |
| Assembly.
|
4 |
| (2) To meet any requirements which must be met by the |
5 |
| State in order
to obtain federal funds pursuant to the |
6 |
| Comprehensive Environmental Response,
Compensation and |
7 |
| Liability Act of 1980, (P.L. 96-510).
|
8 |
| (3) In an amount up to 30% of the amount collected as |
9 |
| fees provided
for in this Section, for use by the Agency to |
10 |
| conduct
groundwater protection activities, including |
11 |
| providing grants to appropriate
units of local government |
12 |
| which are addressing protection of underground waters
|
13 |
| pursuant to the provisions of this Act.
|
14 |
| (4) To fund the development and implementation of the |
15 |
| model pesticide
collection program under Section 19.1 of |
16 |
| the Illinois Pesticide Act.
|
17 |
| (5) To the extent the Agency has received and deposited |
18 |
| monies in the
Fund other than fees collected under |
19 |
| subsection (b) of this Section, to pay for
the cost of |
20 |
| Agency employees for
services provided in reviewing the |
21 |
| performance of response actions pursuant to
Title XVII of |
22 |
| this Act.
|
23 |
| (6) In an amount up to 15% of the fees collected |
24 |
| annually
under subsection (b) of this Section, for use by |
25 |
| the Agency
for administration of the provisions of this |
26 |
| Section.
|
|
|
|
SB0970 Enrolled |
- 46 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (e) The Agency shall deposit 10% of all receipts collected |
2 |
| under subsection
(b) of this Section, but not to exceed |
3 |
| $200,000 per year, in the State
Treasury to the credit of the |
4 |
| Hazardous Waste Research Fund established by this
Act. Pursuant |
5 |
| to appropriation, all monies in such Fund shall be used by the |
6 |
| University of Illinois
Department of Natural Resources for the |
7 |
| purposes set forth in
this subsection.
|
8 |
| The University of Illinois Department of Natural Resources |
9 |
| may enter into contracts with business,
industrial, |
10 |
| university, governmental or other qualified individuals or
|
11 |
| organizations to assist in the research and development |
12 |
| intended to recycle,
reduce the volume of, separate, detoxify |
13 |
| or reduce the hazardous properties of
hazardous wastes in |
14 |
| Illinois. Monies in the Fund may also be used by the University |
15 |
| of Illinois
Department of Natural Resources for technical |
16 |
| studies, monitoring activities,
and educational and research |
17 |
| activities which are related to the protection of
underground |
18 |
| waters. Monies in the Hazardous Waste Research Fund may be used |
19 |
| to
administer the Illinois Health and Hazardous Substances |
20 |
| Registry Act. Monies
in the Hazardous Waste Research Fund shall |
21 |
| not be used for any sanitary
landfill or the acquisition or |
22 |
| construction of any facility. This does not
preclude the |
23 |
| purchase of equipment for the purpose of public demonstration
|
24 |
| projects. The University of Illinois Department of Natural |
25 |
| Resources shall adopt guidelines for cost
sharing, selecting, |
26 |
| and administering projects under this subsection.
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| (f) Notwithstanding any other provision or rule of law, and |
2 |
| subject
only to the defenses set forth in subsection (j) of |
3 |
| this Section, the
following persons shall be liable for all |
4 |
| costs of removal or remedial
action incurred by the State of |
5 |
| Illinois or any unit of local
government as a result of a |
6 |
| release or substantial threat of a release of
a hazardous |
7 |
| substance or pesticide:
|
8 |
| (1) the owner and operator of a facility or vessel from |
9 |
| which there is
a release or substantial threat of release |
10 |
| of a hazardous substance or
pesticide;
|
11 |
| (2) any person who at the time of disposal, transport, |
12 |
| storage or
treatment of a hazardous substance or pesticide |
13 |
| owned or operated the
facility or vessel used for such |
14 |
| disposal, transport, treatment or storage
from which there |
15 |
| was a release or substantial threat of a release of any
|
16 |
| such hazardous substance or pesticide;
|
17 |
| (3) any person who by contract, agreement, or otherwise |
18 |
| has arranged with
another party or entity for transport, |
19 |
| storage, disposal or treatment of
hazardous substances or |
20 |
| pesticides owned, controlled or possessed by such
person at |
21 |
| a facility owned or operated by another party or entity |
22 |
| from
which facility there is a release or substantial |
23 |
| threat of a release of
such hazardous substances or |
24 |
| pesticides; and
|
25 |
| (4) any person who accepts or accepted any hazardous |
26 |
| substances or
pesticides for transport to disposal, |
|
|
|
SB0970 Enrolled |
- 48 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| storage or treatment facilities or
sites from which there |
2 |
| is a release or a substantial threat of a release of
a |
3 |
| hazardous substance or pesticide.
|
4 |
| Any monies received by the State of Illinois pursuant to |
5 |
| this
subsection (f) shall be deposited in the State Treasury to |
6 |
| the credit
of the Hazardous Waste Fund.
|
7 |
| In accordance with the other provisions of this Section, |
8 |
| costs of
removal or remedial action incurred by a unit of local |
9 |
| government may be
recovered in an action before the Board |
10 |
| brought by the unit of local
government under subsection (i) of |
11 |
| this Section. Any monies so recovered
shall be paid to the unit |
12 |
| of local government.
|
13 |
| (g)(1) No indemnification, hold harmless, or similar |
14 |
| agreement or conveyance
shall be effective to transfer from |
15 |
| the owner or operator of any vessel
or facility or from any |
16 |
| person who may be liable for a release or
substantial |
17 |
| threat of a release under this Section, to any other person |
18 |
| the
liability imposed under this Section. Nothing in this |
19 |
| Section shall bar
any agreement to insure, hold harmless or |
20 |
| indemnify a party to such
agreements for any liability |
21 |
| under this Section.
|
22 |
| (2) Nothing in this Section, including the provisions |
23 |
| of paragraph (g)(1)
of this Section, shall bar a cause of |
24 |
| action that an owner or operator or
any other person |
25 |
| subject to liability under this Section, or a guarantor,
|
26 |
| has or would have, by reason of subrogation or otherwise |
|
|
|
SB0970 Enrolled |
- 49 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| against any person.
|
2 |
| (h) For purposes of this Section:
|
3 |
| (1) The term "facility" means:
|
4 |
| (A) any building, structure, installation, |
5 |
| equipment, pipe or pipeline
including but not limited |
6 |
| to any pipe into a sewer or publicly owned
treatment |
7 |
| works, well, pit, pond, lagoon, impoundment, ditch, |
8 |
| landfill,
storage container, motor vehicle, rolling |
9 |
| stock, or aircraft; or
|
10 |
| (B) any site or area where a hazardous substance |
11 |
| has been deposited,
stored, disposed of, placed, or |
12 |
| otherwise come to be located.
|
13 |
| (2) The term "owner or operator" means:
|
14 |
| (A) any person owning or operating a vessel or |
15 |
| facility;
|
16 |
| (B) in the case of an abandoned facility, any |
17 |
| person owning or operating
the abandoned facility or |
18 |
| any person who owned, operated, or otherwise
|
19 |
| controlled activities at the abandoned facility |
20 |
| immediately prior to such
abandonment;
|
21 |
| (C) in the case of a land trust as defined in |
22 |
| Section 2 of the Land
Trustee as Creditor Act, the |
23 |
| person owning the beneficial interest in the land
|
24 |
| trust;
|
25 |
| (D) in the case of a fiduciary (other than a land |
26 |
| trustee), the estate,
trust estate, or other interest |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| in property held in a fiduciary capacity,
and not the |
2 |
| fiduciary. For the purposes of this Section, |
3 |
| "fiduciary" means
a trustee, executor, administrator, |
4 |
| guardian, receiver, conservator or other
person |
5 |
| holding a facility or vessel in a fiduciary capacity;
|
6 |
| (E) in the case of a "financial institution", |
7 |
| meaning the Illinois
Housing Development Authority and |
8 |
| that term as defined in Section 2 of the
Illinois |
9 |
| Banking Act, that has acquired ownership, operation, |
10 |
| management,
or control of a vessel or facility through |
11 |
| foreclosure or under the terms
of a security interest |
12 |
| held by the financial institution or under the terms
of |
13 |
| an extension of credit made by the financial |
14 |
| institution, the financial
institution only if the |
15 |
| financial institution takes possession of the
vessel |
16 |
| or facility and the financial institution exercises |
17 |
| actual, direct,
and continual or recurrent managerial |
18 |
| control in the operation of the
vessel or facility that |
19 |
| causes a release or substantial threat of a release
of |
20 |
| a hazardous substance or pesticide resulting in |
21 |
| removal or remedial
action;
|
22 |
| (F) In the case of an owner of residential |
23 |
| property, the owner if the
owner is a person other than |
24 |
| an individual, or if the owner is an individual
who |
25 |
| owns more than 10 dwelling units in Illinois, or if the |
26 |
| owner, or an agent,
representative, contractor, or |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| employee of the owner, has caused, contributed
to, or |
2 |
| allowed the release or threatened release of a |
3 |
| hazardous substance or
pesticide. The term |
4 |
| "residential property" means single family residences |
5 |
| of
one to 4 dwelling units, including accessory land, |
6 |
| buildings, or improvements
incidental to those |
7 |
| dwellings that are exclusively used for the |
8 |
| residential
use. For purposes of this subparagraph |
9 |
| (F), the term "individual" means a
natural person, and |
10 |
| shall not include corporations, partnerships, trusts, |
11 |
| or
other non-natural persons.
|
12 |
| (G) In the case of any facility, title or control |
13 |
| of which was
conveyed due to bankruptcy, foreclosure, |
14 |
| tax delinquency, abandonment, or
similar means
to a |
15 |
| unit of State or local government, any person who |
16 |
| owned, operated, or
otherwise controlled activities at |
17 |
| the facility immediately beforehand.
|
18 |
| (H) The term "owner or operator" does not include a |
19 |
| unit of State or
local government which acquired |
20 |
| ownership or control through bankruptcy, tax
|
21 |
| delinquency, abandonment, or other circumstances in |
22 |
| which the government
acquires title by virtue of its |
23 |
| function as sovereign. The exclusion provided
under |
24 |
| this paragraph shall not apply to any State or local |
25 |
| government which has
caused or contributed to the |
26 |
| release or threatened release of a hazardous
substance |
|
|
|
SB0970 Enrolled |
- 52 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| from the facility, and such a State or local government |
2 |
| shall be
subject to the provisions of this Act in the |
3 |
| same manner and to the same
extent, both procedurally |
4 |
| and substantively, as any nongovernmental entity,
|
5 |
| including liability under Section 22.2(f).
|
6 |
| (i) The costs and damages provided for in this Section may |
7 |
| be imposed by
the Board in an action brought before the Board |
8 |
| in accordance with Title
VIII of this Act, except that Section |
9 |
| 33(c) of this Act shall not apply to
any such action.
|
10 |
| (j) (1) There shall be no liability under this Section for |
11 |
| a person
otherwise liable who can establish by a preponderance |
12 |
| of the evidence that
the release or substantial threat of |
13 |
| release of a hazardous substance and
the damages resulting |
14 |
| therefrom were caused solely by:
|
15 |
| (A) an act of God;
|
16 |
| (B) an act of war;
|
17 |
| (C) an act or omission of a third party other than an |
18 |
| employee or agent
of the defendant, or other than one whose |
19 |
| act or omission occurs in
connection with a contractual |
20 |
| relationship, existing directly or
indirectly, with the |
21 |
| defendant (except where the sole contractual
arrangement |
22 |
| arises from a published tariff and acceptance for carriage |
23 |
| by a
common carrier by rail), if the defendant establishes |
24 |
| by a preponderance of
the evidence that (i) he exercised |
25 |
| due care with respect to the hazardous
substance concerned, |
26 |
| taking into consideration the characteristics of such
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| hazardous substance, in light of all relevant facts and |
2 |
| circumstances, and
(ii) he took precautions against |
3 |
| foreseeable acts or omissions of any such
third party and |
4 |
| the consequences that could foreseeably result from such
|
5 |
| acts or omissions; or
|
6 |
| (D) any combination of the foregoing paragraphs.
|
7 |
| (2) There shall be no liability under this Section for any |
8 |
| release
permitted by State or federal law.
|
9 |
| (3) There shall be no liability under this Section for |
10 |
| damages as a result
of actions taken or omitted in the course |
11 |
| of rendering care, assistance,
or advice in accordance with |
12 |
| this Section or the National Contingency Plan
pursuant to the |
13 |
| Comprehensive Environmental Response, Compensation and
|
14 |
| Liability Act of 1980 (P.L. 96-510) or at the direction of an
|
15 |
| on-scene coordinator appointed under such plan, with respect to |
16 |
| an incident
creating a danger to public health or welfare or |
17 |
| the environment as a result
of any release of a hazardous |
18 |
| substance or a substantial threat thereof. This
subsection |
19 |
| shall not preclude liability for damages as the result of gross
|
20 |
| negligence or intentional misconduct on the part of such |
21 |
| person. For the
purposes of the preceding sentence, reckless, |
22 |
| willful, or wanton misconduct
shall constitute gross |
23 |
| negligence.
|
24 |
| (4) There shall be no liability under this Section for any |
25 |
| person
(including, but not limited to, an owner of residential |
26 |
| property who applies a
pesticide to the residential property or |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| who has another person apply a
pesticide to the residential |
2 |
| property) for response costs or damages as the
result of the |
3 |
| storage, handling and use, or recommendation for storage,
|
4 |
| handling and use, of a pesticide consistent with:
|
5 |
| (A) its directions for storage, handling and use as |
6 |
| stated in its
label or labeling;
|
7 |
| (B) its warnings and cautions as stated in its label or |
8 |
| labeling; and
|
9 |
| (C) the uses for which it is registered under the |
10 |
| Federal Insecticide,
Fungicide and Rodenticide Act and the |
11 |
| Illinois Pesticide Act.
|
12 |
| (4.5) There shall be no liability under subdivision (f)(1) |
13 |
| of this Section
for response costs or damages as the result of |
14 |
| a release
of a pesticide from an agrichemical facility site if
|
15 |
| the Agency has received notice from the Department of |
16 |
| Agriculture pursuant to
Section 19.3 of the Illinois Pesticide |
17 |
| Act, the owner or operator of the
agrichemical facility is |
18 |
| proceeding with a corrective action plan under the
Agrichemical |
19 |
| Facility Response Action Program implemented under that |
20 |
| Section,
and the Agency
has provided a written endorsement of a |
21 |
| corrective action plan.
|
22 |
| (4.6) There shall be no liability under subdivision (f)(1) |
23 |
| of this
Section for response costs or damages as the result of |
24 |
| a substantial threat of
a release of a pesticide from an |
25 |
| agrichemical facility site if
the Agency has received notice |
26 |
| from the Department of Agriculture pursuant to
Section 19.3 of |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| the Illinois Pesticide Act and the owner or operator of the
|
2 |
| agrichemical facility is proceeding with a corrective action |
3 |
| plan under the
Agrichemical Facility Response Action Program |
4 |
| implemented under that
Section.
|
5 |
| (5) Nothing in this subsection (j) shall affect or modify |
6 |
| in any way the
obligations or liability of any person under any |
7 |
| other provision of this
Act or State or federal law, including |
8 |
| common law, for damages, injury,
or loss resulting from a |
9 |
| release or substantial threat of a release of any
hazardous |
10 |
| substance or for removal or remedial action or the costs of |
11 |
| removal
or remedial action of such hazardous substance.
|
12 |
| (6)(A) The term "contractual relationship", for the |
13 |
| purpose of this
subsection includes, but is not limited to, |
14 |
| land contracts, deeds or other
instruments transferring title |
15 |
| or possession, unless the real property on
which the facility |
16 |
| concerned is located was acquired by the defendant after
the |
17 |
| disposal or placement of the hazardous substance on, in, or at |
18 |
| the
facility, and one or more of the circumstances described in |
19 |
| clause (i),
(ii), or (iii) of this paragraph is also |
20 |
| established by the defendant by a
preponderance of the |
21 |
| evidence:
|
22 |
| (i) At the time the defendant acquired the facility the |
23 |
| defendant did
not know and had no reason to know that any |
24 |
| hazardous substance which is
the subject of the release or |
25 |
| threatened release was disposed of on, in or
at the |
26 |
| facility.
|
|
|
|
SB0970 Enrolled |
- 56 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (ii) The defendant is a government entity which |
2 |
| acquired the facility by
escheat, or through any other |
3 |
| involuntary transfer or acquisition, or
through the |
4 |
| exercise of eminent domain authority by purchase or |
5 |
| condemnation.
|
6 |
| (iii) The defendant acquired the facility by |
7 |
| inheritance or bequest.
|
8 |
| In addition to establishing the foregoing, the defendant |
9 |
| must establish
that he has satisfied the requirements of |
10 |
| subparagraph (C) of paragraph (l)
of this subsection (j).
|
11 |
| (B) To establish the defendant had no reason to know, as |
12 |
| provided in
clause (i) of subparagraph (A) of this paragraph, |
13 |
| the defendant must have
undertaken, at the time of acquisition, |
14 |
| all appropriate inquiry into the
previous ownership and uses of |
15 |
| the property consistent with good commercial
or customary |
16 |
| practice in an effort to minimize liability. For purposes of
|
17 |
| the preceding sentence, the court shall take into account any |
18 |
| specialized
knowledge or experience on the part of the |
19 |
| defendant, the relationship of
the purchase price to the value |
20 |
| of the property if uncontaminated, commonly
known or reasonably |
21 |
| ascertainable information about the property, the
obviousness |
22 |
| of the presence or likely presence of contamination at the
|
23 |
| property, and the ability to detect such contamination by |
24 |
| appropriate
inspection.
|
25 |
| (C) Nothing in this paragraph (6) or in subparagraph (C) of |
26 |
| paragraph
(1) of this subsection shall diminish the liability |
|
|
|
SB0970 Enrolled |
- 57 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| of any previous owner
or operator of such facility who would |
2 |
| otherwise be liable under this Act.
Notwithstanding this |
3 |
| paragraph (6), if the defendant obtained actual
knowledge of |
4 |
| the release or threatened release of a hazardous substance at
|
5 |
| such facility when the defendant owned the real property and |
6 |
| then
subsequently transferred ownership of the property to |
7 |
| another person
without disclosing such knowledge, such |
8 |
| defendant shall be treated as
liable under subsection (f) of |
9 |
| this Section and no defense under
subparagraph (C) of paragraph |
10 |
| (1) of this subsection shall be available
to such defendant.
|
11 |
| (D) Nothing in this paragraph (6) shall affect the |
12 |
| liability under this
Act of a defendant who, by any act or |
13 |
| omission, caused or contributed to
the release or threatened |
14 |
| release of a hazardous substance which is the
subject of the |
15 |
| action relating to the facility.
|
16 |
| (E) (i) Except as provided in clause (ii) of this |
17 |
| subparagraph (E), a
defendant who has acquired real property |
18 |
| shall have established a rebuttable
presumption against all |
19 |
| State claims and a conclusive presumption against all
private |
20 |
| party claims that the defendant has made all appropriate |
21 |
| inquiry within
the meaning of subdivision (6)(B) of this |
22 |
| subsection (j) if the defendant
proves that immediately prior |
23 |
| to or at the time of the acquisition:
|
24 |
| (I) the defendant obtained a Phase I Environmental |
25 |
| Audit of the real
property that meets or exceeds the |
26 |
| requirements of this subparagraph (E), and
the Phase I |
|
|
|
SB0970 Enrolled |
- 58 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| Environmental Audit did not disclose the presence or likely
|
2 |
| presence of a release or a substantial threat of a release |
3 |
| of a hazardous
substance or pesticide at, on, to, or from |
4 |
| the real property; or
|
5 |
| (II) the defendant obtained a Phase II Environmental |
6 |
| Audit of the real
property that meets or exceeds the |
7 |
| requirements of this subparagraph (E), and
the Phase II |
8 |
| Environmental Audit did not disclose the presence or likely
|
9 |
| presence of a release or a substantial threat of a release |
10 |
| of a hazardous
substance or pesticide at, on, to, or from |
11 |
| the real property.
|
12 |
| (ii) No presumption shall be created under clause (i) of |
13 |
| this subparagraph
(E), and a defendant shall be precluded from |
14 |
| demonstrating that the defendant
has made all appropriate |
15 |
| inquiry within the meaning of subdivision (6)(B) of
this |
16 |
| subsection (j), if:
|
17 |
| (I) the defendant fails to obtain all Environmental |
18 |
| Audits required under
this subparagraph (E) or any such |
19 |
| Environmental Audit fails to meet or exceed
the |
20 |
| requirements of this subparagraph (E);
|
21 |
| (II) a Phase I Environmental Audit discloses the |
22 |
| presence or likely
presence of a release or a substantial |
23 |
| threat of a release of a hazardous
substance or pesticide |
24 |
| at, on, to, or from real property, and the defendant
fails |
25 |
| to obtain a Phase II Environmental Audit;
|
26 |
| (III) a Phase II Environmental Audit discloses the |
|
|
|
SB0970 Enrolled |
- 59 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| presence or likely
presence of a release or a substantial |
2 |
| threat of a release of a hazardous
substance or pesticide |
3 |
| at, on, to, or from the real property;
|
4 |
| (IV) the defendant fails to maintain a written |
5 |
| compilation and explanatory
summary report of the |
6 |
| information reviewed in the course of each Environmental
|
7 |
| Audit under this subparagraph (E); or
|
8 |
| (V) there is any evidence of fraud, material |
9 |
| concealment, or material
misrepresentation by the |
10 |
| defendant of environmental conditions or of related
|
11 |
| information discovered during the course of an |
12 |
| Environmental Audit.
|
13 |
| (iii) For purposes of this subparagraph (E), the term |
14 |
| "environmental
professional" means an individual (other than a |
15 |
| practicing attorney) who,
through academic training, |
16 |
| occupational experience, and reputation (such as
engineers, |
17 |
| industrial hygienists, or geologists) can objectively conduct |
18 |
| one or
more aspects of an Environmental Audit and who either:
|
19 |
| (I) maintains at the time of the Environmental Audit |
20 |
| and for at least one
year thereafter at least $500,000 of |
21 |
| environmental consultants' professional
liability |
22 |
| insurance coverage issued by an insurance company licensed |
23 |
| to do
business in Illinois; or
|
24 |
| (II) is an Illinois licensed professional engineer or |
25 |
| an Illinois licensed
industrial hygienist.
|
26 |
| An environmental professional may employ persons who are |
|
|
|
SB0970 Enrolled |
- 60 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| not environmental
professionals to assist in the preparation of |
2 |
| an Environmental Audit if such
persons are under the direct |
3 |
| supervision and control of the environmental
professional.
|
4 |
| (iv) For purposes of this subparagraph (E), the term "real |
5 |
| property"
means any interest in any parcel of land, and |
6 |
| includes, but is not limited to,
buildings, fixtures, and
|
7 |
| improvements.
|
8 |
| (v) For purposes of this subparagraph (E), the term "Phase |
9 |
| I Environmental
Audit" means an investigation of real property, |
10 |
| conducted by environmental
professionals, to discover the |
11 |
| presence or likely presence of a release or a
substantial |
12 |
| threat of a release of a hazardous substance or pesticide at, |
13 |
| on,
to, or from real property, and whether a release or a |
14 |
| substantial threat of
a release of a hazardous substance or |
15 |
| pesticide has occurred or may occur at,
on, to, or from the |
16 |
| real property. Until such time as the United
States |
17 |
| Environmental Protection Agency establishes
standards for |
18 |
| making appropriate inquiry into the previous
ownership and uses |
19 |
| of the facility pursuant to 42 U.S.C.
Sec. 9601(35)(B)(ii), the |
20 |
| investigation shall comply with the
procedures of the American |
21 |
| Society for Testing and
Materials, including the document known |
22 |
| as Standard
E1527-97, entitled "Standard Procedures for |
23 |
| Environmental
Site Assessment: Phase 1 Environmental Site |
24 |
| Assessment
Process". Upon their adoption, the standards |
25 |
| promulgated
by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii) |
26 |
| shall
govern the performance of Phase I Environmental Audits. |
|
|
|
SB0970 Enrolled |
- 61 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| In
addition to the above requirements, the Phase I
|
2 |
| Environmental Audit shall include a review of recorded land
|
3 |
| title records for the purpose of determining whether the real
|
4 |
| property is subject to an environmental land use restriction
|
5 |
| such as a No Further Remediation Letter, Environmental
Land Use |
6 |
| Control, or Highway Authority Agreement.
|
7 |
| (vi) For purposes of subparagraph (E), the term "Phase II |
8 |
| Environmental
Audit" means an investigation of real property, |
9 |
| conducted by environmental
professionals, subsequent to a |
10 |
| Phase I Environmental Audit. If the Phase I
Environmental Audit |
11 |
| discloses the presence or likely presence of a hazardous
|
12 |
| substance or a pesticide or a release or a substantial threat |
13 |
| of a release of
a hazardous substance or pesticide:
|
14 |
| (I) In or to soil, the defendant, as part of the Phase |
15 |
| II Environmental
Audit, shall perform a series of soil |
16 |
| borings sufficient to determine whether
there is a presence |
17 |
| or likely presence of a hazardous substance or pesticide
|
18 |
| and whether there is or has been a release or a substantial |
19 |
| threat of a release
of a hazardous substance or pesticide |
20 |
| at, on, to, or from the real property.
|
21 |
| (II) In or to groundwater, the defendant, as part of |
22 |
| the Phase II
Environmental Audit, shall: review |
23 |
| information regarding local geology, water
well locations, |
24 |
| and locations of waters of the State as may be obtained |
25 |
| from
State, federal, and local government records, |
26 |
| including but not limited to the
United States Geological |
|
|
|
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|
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| Survey Service , the State Geological Survey Division of the |
2 |
| University of Illinois
Department of Natural Resources , |
3 |
| and the State Water
Survey Division of the University of |
4 |
| Illinois Department of Natural Resources ; and
perform |
5 |
| groundwater monitoring sufficient to determine whether |
6 |
| there is a
presence or likely presence of a hazardous |
7 |
| substance or pesticide, and whether
there is or has been a |
8 |
| release or a substantial threat of a release of a
hazardous |
9 |
| substance or pesticide at, on, to, or from the real |
10 |
| property.
|
11 |
| (III) On or to media other than soil or groundwater, |
12 |
| the defendant, as
part of the Phase II Environmental Audit, |
13 |
| shall perform an investigation
sufficient to determine |
14 |
| whether there is a presence or likely presence of a
|
15 |
| hazardous substance or pesticide, and whether there is or |
16 |
| has been a release or
a substantial threat of a release of |
17 |
| a hazardous substance or pesticide at, on,
to, or from the |
18 |
| real property.
|
19 |
| (vii) The findings of each Environmental Audit prepared |
20 |
| under this
subparagraph (E) shall be set forth in a written |
21 |
| audit report. Each audit
report shall contain an affirmation by |
22 |
| the defendant and by each environmental
professional who |
23 |
| prepared the Environmental Audit that the facts stated in the
|
24 |
| report are true and are made under a penalty of perjury as |
25 |
| defined in Section
32-2 of the Criminal Code of 1961. It is |
26 |
| perjury for any person to sign an
audit report that contains a |
|
|
|
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|
1 |
| false material statement that the person does not
believe to be |
2 |
| true.
|
3 |
| (viii) The Agency is not required to review, approve, or |
4 |
| certify the results
of any Environmental Audit. The performance |
5 |
| of an Environmental Audit shall in
no way entitle a defendant |
6 |
| to a presumption of Agency approval or certification
of the |
7 |
| results of the Environmental Audit.
|
8 |
| The presence or absence of a disclosure document prepared |
9 |
| under the
Responsible Property Transfer Act of 1988 shall not |
10 |
| be a defense under this
Act and shall not satisfy the |
11 |
| requirements of subdivision (6)(A) of this
subsection (j).
|
12 |
| (7) No person shall be liable under this Section for |
13 |
| response costs
or damages as the result of a pesticide release |
14 |
| if the Agency has found
that a pesticide release occurred based |
15 |
| on a Health Advisory issued by the
U.S. Environmental |
16 |
| Protection Agency or an action level developed by the
Agency, |
17 |
| unless the Agency notified the manufacturer of the pesticide |
18 |
| and
provided an opportunity of not less than 30 days for the |
19 |
| manufacturer to
comment on the technical and scientific |
20 |
| justification supporting the Health
Advisory or action level.
|
21 |
| (8) No person shall be liable under this Section for |
22 |
| response costs or
damages as the result of a pesticide release |
23 |
| that occurs in the course of a
farm pesticide collection |
24 |
| program operated under Section 19.1 of the
Illinois Pesticide |
25 |
| Act, unless the release results from gross negligence or
|
26 |
| intentional misconduct.
|
|
|
|
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|
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| (k) If any person who is liable for a release or |
2 |
| substantial threat of
release of a hazardous substance or |
3 |
| pesticide fails without sufficient
cause to provide removal or |
4 |
| remedial action upon or in accordance with a
notice and request |
5 |
| by the Agency or upon or in accordance with any order of
the |
6 |
| Board or any court, such person may be liable to the State for |
7 |
| punitive
damages in an amount at least equal to, and not more |
8 |
| than 3 times, the
amount of any costs incurred by the State of |
9 |
| Illinois as a result of such
failure to take such removal or |
10 |
| remedial action. The punitive damages
imposed by the Board |
11 |
| shall be in addition to any costs recovered from such
person |
12 |
| pursuant to this Section and in addition to any other penalty |
13 |
| or
relief provided by this Act or any other law.
|
14 |
| Any monies received by the State pursuant to this |
15 |
| subsection (k) shall
be deposited in the Hazardous Waste Fund.
|
16 |
| (l) Beginning January 1, 1988, the Agency shall annually |
17 |
| collect a $250
fee for each Special Waste Hauling Permit |
18 |
| Application and, in addition,
shall collect a fee of $20 for |
19 |
| each waste hauling vehicle identified in the
annual permit |
20 |
| application and for each vehicle which is added to the permit
|
21 |
| during the annual period. The Agency shall deposit 85% of such |
22 |
| fees
collected under this subsection in the State Treasury to |
23 |
| the credit of
the Hazardous Waste Research Fund; and shall |
24 |
| deposit the remaining 15% of
such fees collected in the State |
25 |
| Treasury to the credit of the
Environmental Protection Permit |
26 |
| and Inspection Fund. The majority of such
receipts which are |
|
|
|
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|
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| deposited in the Hazardous Waste Research Fund pursuant
to this |
2 |
| subsection shall be used by the University of Illinois |
3 |
| Department of Natural Resources for
activities which relate to |
4 |
| the protection of underground waters.
Persons engaged in the |
5 |
| offsite transportation of hazardous waste by highway
and |
6 |
| participating in the Uniform Program under subsection (l-5) are |
7 |
| not
required to file a Special Waste Hauling Permit |
8 |
| Application.
|
9 |
| (l-5) (1) As used in this subsection:
|
10 |
| "Base state" means the state selected by a transporter |
11 |
| according to the
procedures established under the Uniform |
12 |
| Program.
|
13 |
| "Base state agreement" means an agreement between |
14 |
| participating states
electing to register or permit |
15 |
| transporters.
|
16 |
| "Participating state" means a state electing to |
17 |
| participate in the
Uniform
Program by entering into a base |
18 |
| state agreement.
|
19 |
| "Transporter" means a person engaged in the offsite |
20 |
| transportation of
hazardous waste by highway.
|
21 |
| "Uniform application" means the uniform registration |
22 |
| and permit
application
form prescribed under the Uniform |
23 |
| Program.
|
24 |
| "Uniform Program" means the Uniform State Hazardous |
25 |
| Materials
Transportation Registration and Permit Program |
26 |
| established in the report
submitted and amended pursuant to |
|
|
|
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|
1 |
| 49 U.S.C. Section 5119(b), as implemented by
the Agency |
2 |
| under this subsection.
|
3 |
| "Vehicle" means any self-propelled motor vehicle, |
4 |
| except a truck tractor
without a trailer,
designed or used |
5 |
| for the transportation of hazardous waste subject to the
|
6 |
| hazardous waste manifesting requirements of 40 U.S.C. |
7 |
| Section 6923(a)(3).
|
8 |
| (2) Beginning July 1, 1998, the Agency shall implement |
9 |
| the Uniform
State Hazardous Materials Transportation |
10 |
| Registration and Permit Program.
On and after that date, no |
11 |
| person shall engage in the offsite transportation
of |
12 |
| hazardous waste by highway without registering and |
13 |
| obtaining a permit
under the Uniform Program.
A transporter |
14 |
| with its principal place of business in Illinois shall |
15 |
| register
with and obtain a permit from the Agency. A |
16 |
| transporter that designates another
participating state in |
17 |
| the Uniform Program as its base state shall likewise
|
18 |
| register with and obtain a permit from that state before |
19 |
| transporting hazardous
waste in Illinois.
|
20 |
| (3) Beginning July 1, 1998, the Agency shall annually |
21 |
| collect no more
than a
$250 processing and audit fee from |
22 |
| each transporter of hazardous waste who has
filed a uniform |
23 |
| application and, in addition, the Agency shall annually |
24 |
| collect
an
apportioned vehicle registration fee of $20.
The |
25 |
| amount of the apportioned vehicle registration fee
shall be |
26 |
| calculated consistent with the procedures established |
|
|
|
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|
1 |
| under the
Uniform Program.
|
2 |
| All moneys received by the Agency from the collection |
3 |
| of fees pursuant to
the Uniform Program shall be deposited |
4 |
| into the Hazardous Waste Transporter
account hereby |
5 |
| created within the Environmental Protection Permit and
|
6 |
| Inspection Fund. Moneys remaining in the account at
the
|
7 |
| close of the fiscal year shall not lapse to the General |
8 |
| Revenue Fund. The
State Treasurer may receive money or |
9 |
| other assets from any source for deposit
into the account. |
10 |
| The Agency may expend moneys from the account, upon
|
11 |
| appropriation, for the implementation of the Uniform |
12 |
| Program, including the
costs to the Agency of fee |
13 |
| collection and administration. In addition, funds
not |
14 |
| expended for the implementation of the Uniform Program may |
15 |
| be utilized for
emergency response and cleanup activities |
16 |
| related to hazardous
waste transportation that are |
17 |
| initiated by the Agency.
|
18 |
| Whenever the amount of the Hazardous Waste Transporter |
19 |
| account exceeds by
115% the amount annually appropriated by the |
20 |
| General Assembly, the Agency shall
credit participating |
21 |
| transporters an amount, proportionately based on the
amount of |
22 |
| the vehicle fee paid, equal to the excess in the account, and |
23 |
| shall
determine the need to reduce the amount of the fee |
24 |
| charged transporters in the
subsequent fiscal year by the |
25 |
| amount of the credit.
|
26 |
| (4) (A) The Agency may propose and the Board shall |
|
|
|
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|
1 |
| adopt rules as
necessary to implement and enforce the |
2 |
| Uniform Program. The Agency is
authorized to enter into |
3 |
| agreements with other agencies of this State as
necessary |
4 |
| to carry out administrative functions or enforcement of the |
5 |
| Uniform
Program.
|
6 |
| (B) The Agency shall recognize a Uniform Program |
7 |
| registration as valid for
one year from the date a notice |
8 |
| of registration form is issued and a permit as
valid for 3 |
9 |
| years from the date issued or until a transporter fails to |
10 |
| renew
its registration, whichever occurs first.
|
11 |
| (C) The Agency may inspect or examine any motor vehicle |
12 |
| or facility
operated by a transporter, including papers, |
13 |
| books, records, documents, or
other materials to determine |
14 |
| if a transporter is complying with the
Uniform Program. The |
15 |
| Agency may also conduct investigations and audits as
|
16 |
| necessary to determine if a transporter is entitled to a |
17 |
| permit or to make
suspension or revocation determinations |
18 |
| consistent with the standards of the
Uniform Program.
|
19 |
| (5) The Agency may enter into agreements with federal |
20 |
| agencies, national
repositories, or other participating |
21 |
| states as necessary to allow for the
reciprocal
|
22 |
| registration and permitting of transporters pursuant to |
23 |
| the Uniform Program.
The agreements may include procedures |
24 |
| for determining a base state, the
collection and |
25 |
| distribution of registration fees, dispute resolution, the
|
26 |
| exchange of information for reporting and enforcement |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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|
1 |
| purposes, and other
provisions necessary to fully |
2 |
| implement, administer, and enforce the Uniform
Program.
|
3 |
| (m) (Blank).
|
4 |
| (n) (Blank).
|
5 |
| (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
|
6 |
| Section 875. The Illinois Pesticide Act is amended by |
7 |
| changing Section 19 as follows:
|
8 |
| (415 ILCS 60/19) (from Ch. 5, par. 819)
|
9 |
| Sec. 19. Interagency Committee on Pesticides. The Director |
10 |
| is authorized
to create an interagency committee on pesticides. |
11 |
| Its purpose is to study
and advise on the use of pesticides on |
12 |
| State property. Also, its purpose
is to advise any State agency |
13 |
| in connection with quarantine programs or
the protection of the |
14 |
| public health and welfare, and to recommend needed
legislation |
15 |
| concerning pesticides.
|
16 |
| 1. An interagency committee on pesticides shall consist of: |
17 |
| (1) the
Director of the Department of Agriculture, (2) the |
18 |
| Director of Natural
Resources, (3) the Director of the |
19 |
| Environmental
Protection Agency, (4) the Director of the |
20 |
| Department of Public Health, (5)
the Secretary of the |
21 |
| Department of Transportation, (6) the President Chief of the |
22 |
| University of Illinois or his or her designee representing the
|
23 |
| State Natural History Survey and (7) the Dean of the College of
|
24 |
| Agriculture, University of Illinois. Each member of the |
|
|
|
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|
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| committee may
designate some person in his department to serve |
2 |
| on the committee in
his stead. Other State agencies may, at the |
3 |
| discretion of the Director,
be asked to serve on the |
4 |
| interagency committee on pesticides. The Director
of the |
5 |
| Department of Agriculture shall be chairman of this committee.
|
6 |
| 2. The interagency committee shall: (1) Review the current |
7 |
| status of
the sales and use of pesticides within the State of |
8 |
| Illinois. (2) Review
pesticide programs to be sponsored or |
9 |
| directed by a governmental agency.
(3) Consider the problems |
10 |
| arising from pesticide use with particular emphasis
on the |
11 |
| possible adverse effects on human health, livestock, crops, |
12 |
| fish,
and wildlife, business, industry, agriculture, or the |
13 |
| general public. (4)
Recommend legislation to the Governor, if |
14 |
| appropriate, which will prohibit
the irresponsible use of |
15 |
| pesticides. (5) Review rules and regulations
pertaining to the |
16 |
| regulation or prohibition of the sale, use or application
of |
17 |
| pesticides and labeling of pesticides for approval prior to |
18 |
| promulgation
and adoption. (6) Contact various experts and lay |
19 |
| groups, such as the
Illinois Pesticide Control Committee, to |
20 |
| obtain their views and
cooperation. (7) Advise on and approve |
21 |
| of all programs involving the use of
pesticides on State owned |
22 |
| property, state controlled property, or
administered by State |
23 |
| agencies. This shall not be construed to include
research |
24 |
| programs, or the generally accepted and approved practices
|
25 |
| essential to good farm and institutional management on the |
26 |
| premises of the
various State facilities.
|
|
|
|
SB0970 Enrolled |
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|
|
1 |
| 3. Members of this committee shall receive no compensation |
2 |
| for their
services as members of this committee other than that |
3 |
| provided by law for
their respective positions with the State |
4 |
| of Illinois. All necessary
expenses for travel of the committee |
5 |
| members shall be paid out of regular
appropriations of their |
6 |
| respective agencies.
|
7 |
| 4. The committee shall meet at least once each quarter of |
8 |
| the calendar
year, and may hold additional meetings upon the |
9 |
| call of the chairman. Four
members shall constitute a quorum.
|
10 |
| 5. The committee shall make a detailed report of its |
11 |
| findings and
recommendations to the Governor of Illinois prior |
12 |
| to each General
Assembly Session.
|
13 |
| 6. The Interagency Committee on Pesticides shall, at a |
14 |
| minimum,
annually, during the spring, conduct a statewide |
15 |
| public education campaign
and agriculture chemical safety |
16 |
| campaign to inform the public about
pesticide products, uses |
17 |
| and safe disposal techniques. A toll-free hot
line number shall |
18 |
| be made available for the public to report misuse cases.
|
19 |
| The Committee shall include in its educational program |
20 |
| information and
advice about the effects of various pesticides |
21 |
| and application techniques
upon the groundwater and drinking |
22 |
| water of the State.
|
23 |
| 7. The Interagency Committee on Pesticides shall conduct a |
24 |
| special
study of the effects of chemigation and other |
25 |
| agricultural applications of
pesticides upon the groundwater |
26 |
| of this State. The results of such study
shall be reported to |
|
|
|
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|
1 |
| the General Assembly by March 1, 1989. The members of
the |
2 |
| Committee may utilize the technical and clerical resources of |
3 |
| their
respective departments and agencies as necessary or |
4 |
| useful in the conduct
of the study.
|
5 |
| 8. In consultation with the Interagency Committee, the |
6 |
| Department
shall develop, and the Interagency Committee shall |
7 |
| approve,
procedures, methods, and guidelines for addressing |
8 |
| agrichemical
pesticide contamination at agrichemical |
9 |
| facilities in Illinois. In
developing those procedures, |
10 |
| methods, and guidelines, the following shall
be considered and |
11 |
| addressed: (1) an evaluation and assessment of site
conditions |
12 |
| and operational practices at agrichemical facilities where
|
13 |
| agricultural pesticides are handled; (2) what constitutes |
14 |
| pesticide
contamination; (3) cost effective procedures for |
15 |
| site assessments and
technologies for remedial action; and (4) |
16 |
| achievement of adequate
protection of public health and the |
17 |
| environment from such actual or
potential hazards. In |
18 |
| consultation with the Interagency Committee, the Department
|
19 |
| shall develop, and the Interagency Committee shall approve, |
20 |
| guidelines and
recommendations regarding long term financial |
21 |
| resources which may be
necessary to remediate pesticide |
22 |
| contamination at agrichemical facilities
in Illinois. The |
23 |
| Department, in consultation with the Interagency
Committee, |
24 |
| shall present a report on those guidelines and
recommendations |
25 |
| to the Governor and the General Assembly on or before
January |
26 |
| 1, 1993. The Department and the Interagency Committee shall
|
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| consult with the Illinois Pesticide Control
Committee and other |
2 |
| appropriate parties during this development process.
|
3 |
| 9. As part of the consideration of cost effective |
4 |
| technologies pursuant
to subsection 8 of this Section, the |
5 |
| Department may, upon request, provide
a written authorization |
6 |
| to the owner or operator of an agrichemical
facility for land |
7 |
| application of agrichemical contaminated
soils at agronomic |
8 |
| rates.
As used in this Section, "agrichemical" means pesticides |
9 |
| or commercial
fertilizers, at an agrichemical facility, in |
10 |
| transit from an agrichemical
facility to the field of |
11 |
| application, or at the field of application.
The written |
12 |
| authorization may also provide for use
of groundwater |
13 |
| contaminated by the release of an agrichemical,
provided
that |
14 |
| the groundwater is not also contaminated due to the release of |
15 |
| a
petroleum product or hazardous substance other than an |
16 |
| agrichemical. The uses
of agrichemical contaminated |
17 |
| groundwater authorized by the
Department shall be
limited to |
18 |
| supervised application or irrigation onto farmland and |
19 |
| blending
as make-up water in the preparation of agrichemical |
20 |
| spray solutions that
are to be applied to farmland. In either |
21 |
| case, the use of the agrichemical
contaminated water shall not |
22 |
| cause (i) the total annual application amounts
of a pesticide |
23 |
| to exceed the respective pesticide label application
rate on |
24 |
| any authorized sites
or (ii) the total annual application |
25 |
| amounts of a fertilizer to exceed the
generally accepted annual |
26 |
| application rate on any authorized sites. All
authorizations |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| shall prescribe
appropriate operational control practices to |
2 |
| protect the site of application
and shall identify each site or |
3 |
| sites where land
application or irrigation take place. Where |
4 |
| agrichemical
contaminated
groundwater is used on farmland, the |
5 |
| prescribed practices shall be designed
to prevent off-site |
6 |
| runoff or conveyance through underground tile
systems. The |
7 |
| Department shall
periodically advise the Interagency Committee |
8 |
| regarding the issuance of
such authorizations and the status of |
9 |
| compliance at the application sites.
|
10 |
| (Source: P.A. 92-113, eff. 7-20-01.)
|
11 |
| Section 880. The Toxic Pollution Prevention Act is amended |
12 |
| by changing Section 5 as follows:
|
13 |
| (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
|
14 |
| Sec. 5. Toxic Pollution Prevention Assistance Program. |
15 |
| There is
hereby established a Toxic Pollution Prevention |
16 |
| Assistance Program at the
Waste Management and Research
Center. |
17 |
| The Center may establish
cooperative programs with public and |
18 |
| private colleges and universities
designed to augment the |
19 |
| implementation of this Section. The Center may
establish fees, |
20 |
| tuition, or other financial charges for participation in
the |
21 |
| Assistance Program. These monies shall be deposited in the |
22 |
| Toxic
Pollution Prevention Fund established in Section 7 of |
23 |
| this Act. Through the
Assistance Program, the Center:
|
24 |
| (1) Shall provide general information about and actively |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
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|
1 |
| publicize the
advantages of and developments in toxic pollution |
2 |
| prevention.
|
3 |
| (2) May establish courses, seminars, conferences and other |
4 |
| events, and
reports, updates, guides and other publications and |
5 |
| other means of
providing technical information for industries, |
6 |
| local governments and
citizens concerning toxic pollution |
7 |
| prevention strategies, and may, as
appropriate, work in |
8 |
| cooperation with the Agency.
|
9 |
| (3) Shall engage in research on toxic pollution prevention
|
10 |
| methods. Such research shall include assessments of the impact
|
11 |
| of adopting toxic pollution prevention methods on the |
12 |
| environment, the
public health, and worker exposure, and |
13 |
| assessments of the impact on
profitability and employment |
14 |
| within affected industries.
|
15 |
| (4) Shall provide on-site technical
consulting, to the |
16 |
| extent practicable, to help facilities to
identify |
17 |
| opportunities for toxic pollution prevention, and to develop
|
18 |
| toxic pollution prevention plans. To be eligible for such
|
19 |
| consulting, the owner or operator of a facility must agree to |
20 |
| allow
information regarding the results of such consulting to |
21 |
| be shared with the
public, provided that the identity of the |
22 |
| facility shall be made available only
with its consent, and |
23 |
| trade secret information shall remain protected.
|
24 |
| (5) May sponsor pilot projects in cooperation with the
|
25 |
| Agency, or an institute of higher education to develop
and |
26 |
| demonstrate innovative technologies and methods for toxic |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| pollution
prevention. The results of all such projects shall be |
2 |
| available for use by
the public, but trade secret information |
3 |
| shall remain protected.
|
4 |
| (6) May award grants for activities that further the |
5 |
| purposes of this
Act, including but not limited to the |
6 |
| following:
|
7 |
| (A) grants to not-for-profit organizations to |
8 |
| establish free or
low-cost technical assistance or |
9 |
| educational programs to supplement the
toxic pollution |
10 |
| prevention activities of the Center;
|
11 |
| (B) grants to assist trade associations, business |
12 |
| organizations, labor
organizations and educational |
13 |
| institutions in developing training materials
to foster |
14 |
| toxic pollution prevention; and
|
15 |
| (C) grants to assist industry, business organizations, |
16 |
| labor
organizations, education institutions and industrial |
17 |
| hygienists to
identify, evaluate and implement toxic |
18 |
| pollution prevention measures and
alternatives through |
19 |
| audits, plans and programs.
|
20 |
| The Center may establish criteria and terms for such |
21 |
| grants, including a
requirement that a grantee provide |
22 |
| matching funds. Grant money awarded
under this Section may |
23 |
| not be spent for capital improvements or equipment.
|
24 |
| In determining whether to award a grant, the Center |
25 |
| Director shall
consider at least the following:
|
26 |
| (i) the potential of the project to prevent |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| pollution;
|
2 |
| (ii) the likelihood that the project will develop |
3 |
| techniques or
processes that will minimize the |
4 |
| transfer of pollution from one
environmental medium to |
5 |
| another;
|
6 |
| (iii) the extent to which information to be |
7 |
| developed through the
project will be applicable to |
8 |
| other persons in the State; and
|
9 |
| (iv) the willingness of the grant applicant to |
10 |
| assist the Center in
disseminating information about |
11 |
| the pollution prevention methods to be
developed |
12 |
| through the project.
|
13 |
| (7) Shall establish and operate a State information |
14 |
| clearinghouse
that
assembles, catalogues and disseminates |
15 |
| information about toxic pollution
prevention and available |
16 |
| consultant services. Such clearinghouse shall
include a |
17 |
| computer database containing information on managerial, |
18 |
| technical
and operational approaches to achieving toxic |
19 |
| pollution prevention. The
computer database must be maintained |
20 |
| on a system designed to enable
businesses, governmental |
21 |
| agencies and the general public readily to obtain
information |
22 |
| specific to production technologies, materials, operations and
|
23 |
| products. A business shall not be required to submit to the |
24 |
| clearinghouse
any information that is a trade secret.
|
25 |
| (8) May contract with an established institution of higher |
26 |
| education
to assist the Center in carrying out the provisions |
|
|
|
SB0970 Enrolled |
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|
|
1 |
| of this Section. The
assistance provided by such an institution |
2 |
| may include, but need not be
limited to:
|
3 |
| (A) engineering field internships to assist industries |
4 |
| in
identifying
toxic pollution prevention opportunities;
|
5 |
| (B) development of a toxic pollution prevention |
6 |
| curriculum for
students and faculty; and
|
7 |
| (C) applied toxic pollution prevention and recycling |
8 |
| research.
|
9 |
| (9) Shall emphasize assistance to businesses that have |
10 |
| inadequate
technical and financial resources to obtain |
11 |
| information and to assess and
implement toxic pollution |
12 |
| prevention methods.
|
13 |
| (10) Shall publish a biannual report on its toxic pollution
|
14 |
| prevention activities, achievements, identified problems and |
15 |
| future goals.
|
16 |
| (Source: P.A. 90-490, eff. 8-17-97.)
|
17 |
| Section 885. The Illinois Low-Level Radioactive Waste |
18 |
| Management Act is amended by changing Section 3 as follows:
|
19 |
| (420 ILCS 20/3) (from Ch. 111 1/2, par. 241-3)
|
20 |
| Sec. 3. Definitions.
|
21 |
| (a) "Broker" means any person who takes possession of |
22 |
| low-level waste for
purposes of consolidation and shipment.
|
23 |
| (b) "Compact" means the Central Midwest Interstate |
24 |
| Low-Level Radioactive
Waste Compact.
|
|
|
|
SB0970 Enrolled |
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|
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| (c) "Decommissioning" means the measures taken at the end |
2 |
| of a facility's
operating life to assure the continued |
3 |
| protection of the public from any
residual radioactivity or |
4 |
| other potential hazards present at a facility.
|
5 |
| (d) "Department" means the Department of Nuclear Safety.
|
6 |
| (e) "Director" means the Director of the Department of |
7 |
| Nuclear Safety.
|
8 |
| (f) "Disposal" means the isolation of waste from the |
9 |
| biosphere in a
permanent facility designed for that purpose.
|
10 |
| (g) "Facility" means a parcel of land or site, together |
11 |
| with structures,
equipment and improvements on or appurtenant |
12 |
| to the land or site, which
is used or is being developed for |
13 |
| the treatment, storage or disposal of
low-level radioactive |
14 |
| waste. "Facility" does not include lands, sites,
structures or |
15 |
| equipment used by a generator in the generation of low-level
|
16 |
| radioactive wastes.
|
17 |
| (h) "Generator" means any person who produces or possesses |
18 |
| low-level
radioactive waste in the course of or incident to |
19 |
| manufacturing, power
generation, processing, medical diagnosis |
20 |
| and treatment, research,
education or other activity.
|
21 |
| (i) "Hazardous waste" means a waste, or combination of |
22 |
| wastes, which
because of its quantity, concentration, or |
23 |
| physical, chemical, or
infectious characteristics may cause or |
24 |
| significantly contribute to an
increase in mortality or an |
25 |
| increase in serious, irreversible, or
incapacitating |
26 |
| reversible, illness; or pose a substantial present or
potential |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| hazard to human health or the environment when improperly
|
2 |
| treated, stored, transported, or disposed of, or otherwise |
3 |
| managed, and
which has been identified, by characteristics or |
4 |
| listing, as hazardous
under Section 3001 of the Resource |
5 |
| Conservation and Recovery Act of
1976, P.L. 94-580 or under |
6 |
| regulations of the Pollution Control Board.
|
7 |
| (j) "High-level radioactive waste" means:
|
8 |
| (1) the highly radioactive material resulting from the |
9 |
| reprocessing of
spent nuclear fuel including liquid waste |
10 |
| produced directly in reprocessing
and any solid material |
11 |
| derived from the liquid waste that contains fission
|
12 |
| products in sufficient concentrations; and
|
13 |
| (2) the highly radioactive material that the Nuclear |
14 |
| Regulatory
Commission has determined, on the effective |
15 |
| date of this Amendatory Act of
1988, to be high-level |
16 |
| radioactive waste requiring permanent isolation.
|
17 |
| (k) "Low-level radioactive waste" or "waste" means |
18 |
| radioactive waste not
classified as high-level radioactive |
19 |
| waste, transuranic waste, spent nuclear
fuel or byproduct |
20 |
| material as defined in Section 11e(2) of the Atomic Energy
Act |
21 |
| of 1954 (42 U.S.C. 2014).
|
22 |
| (l) "Mixed waste" means waste that is both "hazardous |
23 |
| waste" and "low-level
radioactive waste" as defined in this |
24 |
| Act. |
25 |
| (m) "Person" means an individual,
corporation, business |
26 |
| enterprise or other legal entity either public or private
and |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| any legal successor, representative, agent or agency of that |
2 |
| individual,
corporation, business enterprise, or legal entity.
|
3 |
| (n) "Post-closure care" means the continued monitoring of |
4 |
| the regional
disposal facility after closure for the purposes |
5 |
| of detecting a need for
maintenance, ensuring environmental |
6 |
| safety, and determining compliance with
applicable licensure |
7 |
| and regulatory requirements, and includes undertaking any
|
8 |
| remedial actions necessary to protect public health and the |
9 |
| environment from
radioactive releases from the facility.
|
10 |
| (o) "Regional disposal facility" or "disposal facility" |
11 |
| means the
facility established by the State of Illinois under |
12 |
| this Act for disposal
away from the point of generation of |
13 |
| waste
generated in the region of the Compact.
|
14 |
| (p) "Release" means any spilling, leaking, pumping, |
15 |
| pouring, emitting,
emptying, discharging, injecting, escaping, |
16 |
| leaching, dumping or disposing
into the environment of |
17 |
| low-level radioactive waste.
|
18 |
| (q) "Remedial action" means those actions taken in the |
19 |
| event of a release
or threatened release of low-level |
20 |
| radioactive waste into the environment,
to prevent or minimize |
21 |
| the release of the waste so that it does not migrate
to cause |
22 |
| substantial danger to present or future public health or |
23 |
| welfare
or the environment. The term includes, but is not |
24 |
| limited to, actions
at the location of the release such as |
25 |
| storage, confinement, perimeter
protection using dikes, |
26 |
| trenches or ditches, clay cover, neutralization,
cleanup of |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| released low-level radioactive wastes, recycling or reuse,
|
2 |
| dredging or excavations, repair or replacement of leaking |
3 |
| containers,
collection of leachate and runoff, onsite |
4 |
| treatment or incineration,
provision of alternative water |
5 |
| supplies and any monitoring reasonably
required to assure that |
6 |
| these actions protect human health and the environment.
|
7 |
| (q-5) "Scientific Surveys" means, collectively, the State |
8 |
| Geological
Survey
Division and the State Water Survey Division |
9 |
| of the University of Illinois Department of
Natural Resources .
|
10 |
| (r) "Shallow land burial" means a land disposal facility in |
11 |
| which
radioactive waste is disposed of in or within the upper |
12 |
| 30 meters of the
earth's surface. However, this definition |
13 |
| shall not include an enclosed,
engineered, structurally |
14 |
| re-enforced and solidified bunker that extends
below the |
15 |
| earth's surface.
|
16 |
| (s) "Storage" means the temporary holding of waste for |
17 |
| treatment or
disposal for a period determined by Department |
18 |
| regulations.
|
19 |
| (t) "Treatment" means any method, technique or process, |
20 |
| including storage
for radioactive decay, designed to change the |
21 |
| physical, chemical or biological
characteristics or |
22 |
| composition of any waste in order to render the waste
safer for |
23 |
| transport, storage or disposal, amenable to recovery, |
24 |
| convertible
to another usable material or reduced in volume.
|
25 |
| (u) "Waste management" means the storage, transportation, |
26 |
| treatment or
disposal of waste.
|
|
|
|
SB0970 Enrolled |
- 83 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (Source: P.A. 90-29, eff. 6-26-97 .)
|
2 |
| Section 890. The Wildlife Code is amended by changing |
3 |
| Section 1.3 as follows:
|
4 |
| (520 ILCS 5/1.3)
|
5 |
| Sec. 1.3. The Department shall have the authority to manage
|
6 |
| wildlife and regulate the taking of wildlife for
the
purposes |
7 |
| of providing public recreation and controlling wildlife |
8 |
| populations.
The seasons during which wildlife may be taken, |
9 |
| the methods for taking
wildlife, the daily bag
limits, and the |
10 |
| possession limits shall be established by the Department
|
11 |
| through
administrative rule,
but the Department may not provide |
12 |
| for a longer season, a
larger daily bag limit, or a larger |
13 |
| possession limit than is provided in
this Code.
|
14 |
| The Natural Resources Advisory Board may also recommend to |
15 |
| the Director of
Natural Resources any reductions or increases |
16 |
| of seasons and bag or possession
limits or the closure of any |
17 |
| season when research and inventory data indicate
the need for |
18 |
| such changes.
|
19 |
| The Department is authorized to establish seasons for the |
20 |
| taking of
migratory birds within the dates established annually |
21 |
| by
Proclamation of the
Secretary, United States Department of |
22 |
| the Interior, known as the
"Rules and Regulations for Migratory |
23 |
| Bird Hunting" (50 CFR 20 et seq.). When
the biological balance |
24 |
| of any
species is affected, the Director may with the approval |
|
|
|
SB0970 Enrolled |
- 84 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| of the
Conservation Advisory Board, by administrative rule, |
2 |
| lengthen, shorten
or close the season during which waterfowl |
3 |
| may be taken within the
federal limitations prescribed.
If the |
4 |
| Department does not adopt an administrative rule establishing a
|
5 |
| season, then the season shall be as set forth in the current |
6 |
| "Rules and
Regulations for Migratory Bird Hunting". The |
7 |
| Department shall advise the
public by reasonable means of the |
8 |
| dates of the various seasons.
|
9 |
| The Department may utilize the services of the staff of the |
10 |
| Illinois
State Natural History Survey of the University of |
11 |
| Illinois Division in the Department of
Natural Resources for |
12 |
| making investigations as to the population status of
the |
13 |
| various species of wildlife.
|
14 |
| Employees or agents of any state, federal, or municipal |
15 |
| government or body
when engaged in investigational work and law |
16 |
| enforcement, may with prior
approval of the Director, be |
17 |
| exempted from the provisions of this Act.
|
18 |
| (Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
|
19 |
| Section 895. The Rivers, Lakes, and Streams Act is amended |
20 |
| by changing Section 18g as follows:
|
21 |
| (615 ILCS 5/18g) (from Ch. 19, par. 65g)
|
22 |
| Sec. 18g. (a) The Department of Natural Resources
shall |
23 |
| define the
100-year floodway within metropolitan counties |
24 |
| located in the area served
by the Northeastern Illinois |
|
|
|
SB0970 Enrolled |
- 85 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| Planning Commission, except for the part of
that area which is |
2 |
| within any city with a population exceeding 1,500,000. In
|
3 |
| defining the 100-year floodway, the Department may rely on |
4 |
| published data and
maps which have been prepared by the |
5 |
| Department itself, by the Illinois State
Water Survey of the |
6 |
| University of Illinois , by federal, State or local governmental |
7 |
| agencies, or by any other
private or public source which it |
8 |
| determines to be reliable and appropriate.
|
9 |
| (b) The Department may issue permits for construction that |
10 |
| is an appropriate
use of the designated 100-year floodway in |
11 |
| such metropolitan counties.
If a unit of local government has |
12 |
| adopted an ordinance that establishes
minimum standards for |
13 |
| appropriate use of the floodway that are at least as
|
14 |
| restrictive as those established by the Department and this |
15 |
| Section, and
the unit of local government has adequate staff to |
16 |
| enforce the ordinance,
the Department may delegate to such unit |
17 |
| of local government the authority
to issue permits for |
18 |
| construction that is an appropriate use of the
floodway within |
19 |
| its jurisdiction.
|
20 |
| (c) No person may engage in any new construction within the |
21 |
| 100-year
floodway as designated by the Department in such
|
22 |
| metropolitan counties, unless such construction relates to an |
23 |
| appropriate
use of the floodway. No unit of local government, |
24 |
| including home rule
units, in such metropolitan counties may |
25 |
| issue any building permit or other
apparent authorization for |
26 |
| any prohibited new construction within the
100-year floodway.
|
|
|
|
SB0970 Enrolled |
- 86 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (d) For the purpose of this Section:
|
2 |
| (1) "100-year floodway" means the channel and that |
3 |
| portion of the
floodplain adjacent to a stream or |
4 |
| watercourse which is needed to store and
convey the |
5 |
| 100-year frequency flood discharge without a significant |
6 |
| increase in
stage.
|
7 |
| (2) "New construction" means the construction of any |
8 |
| new building or
structure or the placement of any fill or |
9 |
| material, but does not include the
repair, remodeling or |
10 |
| maintenance of buildings or structures in existence
on the |
11 |
| effective date of this amendatory Act of 1987.
|
12 |
| (3) "Appropriate use of the floodway" means use for (i) |
13 |
| flood control
structures, dikes, dams and other public |
14 |
| works or private improvements
relating to the control of |
15 |
| drainage, flooding or erosion; (ii) structures
or |
16 |
| facilities relating to the use of, or requiring access to, |
17 |
| the water or
shoreline, including pumping and treatment |
18 |
| facilities, and facilities and
improvements related to |
19 |
| recreational boats, commercial shipping and other
|
20 |
| functionally dependent uses;
and (iii) any other purposes |
21 |
| which the Department determines, by rule, to
be appropriate |
22 |
| to the 100-year floodway, and the periodic inundation of
|
23 |
| which will not pose a danger to the general health and |
24 |
| welfare of the user,
or require the expenditure of public |
25 |
| funds or the provision of public
resources or disaster |
26 |
| relief services. Appropriate use of the floodway
does not |
|
|
|
SB0970 Enrolled |
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LRB095 05812 CMK 25902 b |
|
|
1 |
| include construction of a new building unless such building |
2 |
| is a
garage, storage shed or other structure accessory to |
3 |
| an existing building
and such building does not increase |
4 |
| flood stages.
|
5 |
| (4) "Person" includes natural persons, corporations, |
6 |
| associations,
governmental entities, and all other legal |
7 |
| entities.
|
8 |
| (e) All construction undertaken on a designated 100-year |
9 |
| floodway in
such metropolitan counties, without benefit of a |
10 |
| permit from the Department
of Natural Resources, shall be |
11 |
| unlawful
and the Department or any affected
unit of local |
12 |
| government may, in its
discretion, proceed to obtain injunctive |
13 |
| relief for abatement or removal of
such unlawful construction. |
14 |
| The Department, in its discretion, may make
such investigations |
15 |
| and conduct such hearings and adopt such rules as may
be |
16 |
| necessary to the performance of its duties under this Section.
|
17 |
| (f) This Section does not limit any power granted to the
|
18 |
| Department by any other Act.
|
19 |
| (g) This Section does not limit the concurrent exercise by |
20 |
| any unit of
local government of any power consistent herewith.
|
21 |
| (h) This Section does not apply to any city with a |
22 |
| population
exceeding 1,500,000.
|
23 |
| (Source: P.A. 89-445, eff. 2-7-96.)
|
24 |
| Section 998. The State Finance Act is amended by adding |
25 |
| Section 8o as follows: |
|
|
|
SB0970 Enrolled |
- 88 - |
LRB095 05812 CMK 25902 b |
|
|
1 |
| (30 ILCS 105/8o new) |
2 |
| Sec. 8o. Transfer to the University of Illinois Income |
3 |
| Fund. Immediately upon the effective date of this Section, the |
4 |
| State Comptroller shall direct and the State Treasurer shall |
5 |
| transfer $15,826,499 from the General Revenue Fund to the |
6 |
| University of Illinois Income Fund.
|
7 |
| Section 999. Effective date. This Section and Section 998 |
8 |
| take effect on July 1, 2008. The other provisions of this Act |
9 |
| take effect on July 1, 2008 or on the date the transfer from |
10 |
| the General Revenue Fund to the University of Illinois Income |
11 |
| Fund is made as required by Section 8o of the State Finance |
12 |
| Act, whichever is later. |