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HB2251 Engrossed |
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LRB096 06271 AJT 16354 b |
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| AN ACT concerning waterways.
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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 5. The Rivers, Lakes, and Streams Act is amended by |
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| changing Section 23a as follows:
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| (615 ILCS 5/23a) (from Ch. 19, par. 70a)
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| Sec. 23a. The Department is authorized to carry out |
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| inspections of any
dam within the State, and to establish |
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| standards and issue permits for the
safe construction of new |
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| dams and the reconstruction, repair, operation
and maintenance |
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| of all existing dams. If any inspection carried out
by the |
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| Department or by a federal agency in which the Department |
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| concurs
determines that a dam is in an unsafe condition, the |
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| Department shall
so notify the appropriate public officials of |
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| the affected city or county,
the State's Attorney of the county |
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| in which the dam is located, and the
Illinois Emergency |
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| Management Agency.
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| 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 |
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| for water behind
dams on streams and rivers as necessary to |
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| preserve the fish and other aquatic
life and to safeguard the |
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| health of the community.
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HB2251 Engrossed |
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LRB096 06271 AJT 16354 b |
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| Upon a determination of the Department that a dam |
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| constitutes a serious
threat to life or a threat of substantial |
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| property damage, the Department
may issue orders to require |
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| changes in the structure or its operation or
maintenance |
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| 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 |
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| the dam or to otherwise
remove the threat provided, however, |
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| that no existing dam, based solely
upon the enactment by any |
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| governmental unit of any new rule, regulation,
ordinance, law, |
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| or other requirement passed after the construction of the
dam, |
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| shall be deemed to constitute a serious threat to life or a |
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| threat of
substantial property damage if it was designed and |
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| constructed under a
permit from the State of Illinois in |
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| conformance with all applicable
standards existing at the time |
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| of its construction and is in good repair.
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| The Department shall be required, prior to taking any |
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| 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 |
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| list of defects discovered in the course
of inspection of the |
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| dam, including the specific nature of any inadequacies
in the |
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| capacity of the spillway system and any indications of seepage, |
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| erosion,
or other evidence of structural deficiency in the dam |
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| or spillway; and (2)
a statement of the applicable standards |
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| that if complied with by the owner
of the dam would put the dam |
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| into compliance with the State's requirements.
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HB2251 Engrossed |
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LRB096 06271 AJT 16354 b |
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| No order shall be issued requiring alteration of any |
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| existing dam until after
notice and opportunity for hearing has |
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| been provided by the Department to the
dam owners. If the owner |
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| or owners of the dam are unknown, notice will be
provided by |
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| 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 |
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| Section shall
include a statement of the findings supporting |
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| the order.
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| Opportunity for hearing is not required in emergency |
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| situations when the
Department finds there is imminent hazard |
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| to personal public safety of people.
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| The Department may enforce the provisions of this Section |
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| and of rules
and orders issued hereunder by injunction or other
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| appropriate action.
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| Neither the Department of Natural Resources nor
employees |
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| or agents of the Department shall be liable for damages |
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| sustained
through the partial or total failure of any dam or |
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| the operation or maintenance
of any dam by reason of the |
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| Department's regulation thereof. Nothing in this
Act shall |
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| relieve an owner or operator of a dam from the legal duties,
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| obligations, and liabilities arising from ownership or |
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| operation.
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| The Department shall review and update its operations |
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| manuals for the Algonquin Dam and the William G. Stratton Lock |
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| and Dam on an annual basis. |
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| (Source: P.A. 89-445, eff. 2-7-96.)
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