96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2251


 
Introduced 2/18/2009, by Rep. JoAnn D. Osmond
 
SYNOPSIS AS INTRODUCED:
 		














615 ILCS 5/23a
  from Ch. 19, par. 70a







    Amends the Rivers, Lakes, and Streams Act.  Provides that the Department of Natural Resources shall review and update its operations manuals for the Algonquin Dam and the  William G. Stratton Lock and Dam on an annual basis.
















LRB096 06271 AJT 16354 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB2251

LRB096 06271 AJT 16354 b






1
    AN ACT concerning waterways.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Rivers, Lakes, and Streams Act is amended  by 
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changing Section 23a as follows:
 



6
    (615 ILCS 5/23a)  (from Ch. 19, par. 70a)



7
    Sec. 23a. The Department is authorized to carry out 
8
inspections of any
dam within the State, and to establish 
9
standards and issue permits for the
safe construction of new 
10
dams and the reconstruction, repair, operation
and maintenance 
11
of all existing dams.  If any inspection carried out
by the 
12
Department or by a federal agency in which the Department 
13
concurs
determines that a dam is in an unsafe condition, the 
14
Department shall
so notify the appropriate public officials of 
15
the affected city or county,
the State's Attorney of the county 
16
in which the dam is located, and the
Illinois Emergency 
17
Management Agency.

18
    The Department may compel the installation of fishways in 
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dams wherever
deemed necessary.

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    The Department may establish by rule minimum water levels 
21
for water behind
dams on streams and rivers as necessary to 
22
preserve the fish and other aquatic
life and to safeguard the 
23
health of the community.

 


 






HB2251
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    Upon a determination of the Department that a dam 
2
constitutes a serious
threat to life or a threat of substantial 
3
property damage, the Department
may issue orders to require 
4
changes in the structure or its operation or
maintenance 
5
necessary for proper control of water levels at normal stages

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and for the disposal of flood waters and for the protection of 
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navigation
and any persons or property situated downstream from 
8
the dam or to otherwise
remove the threat provided, however, 
9
that no existing dam, based solely
upon the enactment by any 
10
governmental unit of any new rule, regulation,
ordinance, law, 
11
or other requirement passed after the construction of the
dam, 
12
shall be deemed to constitute a serious threat to life or a 
13
threat of
substantial property damage if it was designed and 
14
constructed under a
permit from the State of Illinois in 
15
conformance with all applicable
standards existing at the time 
16
of its construction and is in good repair.

17
    The Department shall be required, prior to taking any 
18
action to compel
alteration or breaching of any dam, to furnish 
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in writing to the owner of
the dam (1) a detailed and specific 
20
list of defects discovered in the course
of inspection of the 
21
dam, including the specific nature of any inadequacies
in the 
22
capacity of the spillway system and any indications of seepage, 
23
erosion,
or other evidence of structural deficiency in the dam 
24
or spillway; and (2)
a statement of the applicable standards 
25
that if complied with by the owner
of the dam would put the dam 
26
into compliance with the State's requirements.

 


 






HB2251
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1
    No order shall be issued requiring alteration of any 
2
existing dam until after
notice and opportunity for hearing has 
3
been provided by the Department to the
dam owners.  If the owner 
4
or owners of the dam are unknown, notice will be
provided by 
5
publication in a newspaper of general circulation in the county 
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in
which the structure is located.  Any order issued under this 
7
Section shall
include a statement of the findings supporting 
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the order.

9
    Opportunity for hearing is not required in emergency 
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situations when the
Department finds there is imminent hazard 
11
to personal public safety of people.

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    The Department may enforce the provisions of this Section 
13
and of rules
and orders issued hereunder by injunction or other

14
appropriate action.

15
    Neither the Department of Natural Resources nor
employees 
16
or agents of the Department shall be liable for damages 
17
sustained
through the partial or total failure of any dam or 
18
the operation or maintenance
of any dam by reason of the 
19
Department's regulation thereof.  Nothing in this
Act shall 
20
relieve an owner or operator of a dam from the legal duties,

21
obligations, and liabilities arising from ownership or 
22
operation.

23
    The Department shall review and update its operations 
24
manuals for the Algonquin Dam and the  William G. Stratton Lock 
25
and Dam on an annual basis. 
26
(Source: P.A. 89-445, eff. 2-7-96.)