Full Text of HB0913 93rd General Assembly
HB0913sam001 93RD GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 5/19/2004
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LRB093 05421 RAS 51128 a |
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| AMENDMENT TO HOUSE BILL 913
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| AMENDMENT NO. ______. Amend House Bill 913 on page 1, line | 3 |
| 5, by deleting "Illinois"; and | 4 |
| on page 1, immediately below line 5, by inserting the | 5 |
| following:
| 6 |
| "Section 5. Scope. This Act does not apply to property | 7 |
| within a municipality
with a population greater than 500,000, | 8 |
| nor to property within the incorporated
or unincorporated area | 9 |
| of a county with a population greater than 3,000,000.
| 10 |
| Section 10. Definitions. For the purposes of this Act:
| 11 |
| (a) "ADID" means those aquatic sites identified by the | 12 |
| United States
Environmental Protection Agency and the United | 13 |
| States Army Corps of Engineers
as areas generally unsuitable | 14 |
| for disposal of dredged or fill material in
accordance with 40 | 15 |
| C.F.R. Part 230.80.
| 16 |
| (b) "Affected property" means any property upon which a | 17 |
| regulated activity
is conducted.
| 18 |
| (c) "Agency" means the Illinois Environmental Protection | 19 |
| Agency.
| 20 |
| (d) "Agricultural land" means land that is currently used | 21 |
| for normal farming
or ranching activities.
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| (e) "Avoidance" means any action taken in a manner such | 23 |
| that a regulated
activity will not occur.
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| (f) "Bog" means a peat-accumulating wetland that has no | 2 |
| significant inflows
or outflows and supports acidophilic | 3 |
| mosses, particularly sphagnum, resulting
in highly acidic | 4 |
| conditions.
| 5 |
| (g) "Commencing such a regulated activity" means any steps | 6 |
| taken in
preparation of conducting a regulated activity that | 7 |
| may impact the affected
property, such as cutting, filling, | 8 |
| pumping of water, and earth movement.
| 9 |
| (h) "Committee" means the Wetlands Advisory Committee.
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| (i) "Contiguous wetland" means a wetland that is delineated | 11 |
| on the
affected property and extends beyond the boundary of | 12 |
| that property.
| 13 |
| (j) "Converted wetland" means a wetland that has been | 14 |
| drained, dredged,
filled, leveled, or otherwise manipulated | 15 |
| (including the removal of woody
vegetation or any activity that | 16 |
| results in impairing or reducing the flow and
circulation of | 17 |
| water) for the purpose of or with the effect of making possible
| 18 |
| the production of an agricultural commodity without further | 19 |
| application of the
manipulations described herein if: (i) such | 20 |
| production would not have been
possible but for such action, | 21 |
| and (ii) before such action such land was
wetland, farmed | 22 |
| wetland, or farmed-wetland pasture and was neither highly
| 23 |
| erodible land nor highly erodible cropland.
| 24 |
| (k) "Corps of Engineers" or "COE" means the United States | 25 |
| Army Corps of
Engineers.
| 26 |
| (l) "Cypress swamp" means forested, permanent or | 27 |
| semi-permanent bodies of
water, with species assemblages | 28 |
| characteristic of the Gulf and Southeastern
Coastal Plains, | 29 |
| including bald cypress, which are restricted to extreme
| 30 |
| southern Illinois.
| 31 |
| (m) "Department" means the Illinois Department of Natural | 32 |
| Resources.
| 33 |
| (n) "Director" means the Director of Natural Resources.
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| (o) "Fen" means a wetland fed by an alkaline water source |
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| such as a
calcareous spring or seep.
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| (p) "Floristic quality index" means an index calculated | 3 |
| using the Floristic
Quality Assessment Method of assessing | 4 |
| floristic integrity (or quality) by
summing the numerical | 5 |
| quality ratings of all plant species present then
dividing the | 6 |
| total by the number of native species present (mean coefficient
| 7 |
| of conservatism) or by the square root of the number of native | 8 |
| species
(floristic quality index).
(Taft, J.B., G.S. Wilhelm, | 9 |
| D.M. Ladd, and L.A. Masters. 1997. Floristic
quality assessment | 10 |
| for vegetation in Illinois, a method for assessing
vegetation | 11 |
| integrity. Erigenia 15: 3-95.)
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| (q) "Incidentally created" means created as a result of any | 13 |
| normal or
routine
activity coincidental with the conduct of | 14 |
| legitimate business enterprises,
except that a wetland or | 15 |
| depression created as mitigation for any activity
affecting | 16 |
| wetlands is not "incidentally created."
| 17 |
| (r) "Incidental fallback" means the redeposit of small | 18 |
| volumes of dredged
material that is incidental to excavation | 19 |
| activity in waters of the State when
such material falls back | 20 |
| to substantially the same place as the initial
removal.
| 21 |
| (s) "Isolated wetlands" means those areas that are | 22 |
| inundated or saturated
by surface or ground water at a | 23 |
| frequency or duration sufficient to support,
and that under | 24 |
| normal circumstances do support, a prevalence of vegetation
| 25 |
| typically adapted for life in saturated soil conditions, and | 26 |
| that are not
regulated under the federal Clean Water Act.
| 27 |
| (t) "Panne" means wet interdunal flats located near Lake | 28 |
| Michigan.
| 29 |
| (u) "Person" means an individual, partnership, | 30 |
| co-partnership, firm,
company, limited liability company, | 31 |
| corporation, association, joint stock
company, trust, estate, | 32 |
| political subdivision, State agency, or other legal
entity, or | 33 |
| its legal representative, agent, or assigns.
| 34 |
| (v) "Prior converted cropland" means a converted wetland |
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| where the
conversion occurred prior to December 23, 1985, an | 2 |
| agricultural commodity has
been produced at least once before | 3 |
| December 23, 1985, and as of December 23,
1985, the converted | 4 |
| wetland did not support woody vegetation and met the
following | 5 |
| hydrologic criteria: (i) inundation was less than 15 | 6 |
| consecutive
days during the growing season or 10% of the | 7 |
| growing season, whichever is less,
in most years (50% chance or | 8 |
| more); and (ii) if a pothole, ponding was less
than 7 | 9 |
| consecutive days during the growing season in most years (50% | 10 |
| chance
or more) and saturation was less than 14 consecutive | 11 |
| days during the growing
season most years (50% chance or more).
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| (w) "Regulated activity" means the discharge of dredged or | 13 |
| fill material
into a wetland, the drainage of a wetland, or | 14 |
| excavation of a wetland that
results in more than incidental | 15 |
| fallback.
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| (x) "Threatened or endangered species" means those species | 17 |
| that have been
designated as threatened or endangered by the | 18 |
| Illinois Endangered Species
Protection Board pursuant to the | 19 |
| Illinois Endangered Species Protection Act
and those species | 20 |
| that have been designated as threatened or endangered by
the | 21 |
| U.S. Fish and Wildlife Service pursuant to the Endangered | 22 |
| Species Act.
| 23 |
| (y) "Upland" means non-wetland, when used to describe a | 24 |
| particular land
use, or non-hydric, when used to describe a | 25 |
| soil type.
| 26 |
| (z) "Wetlands" means those areas that are inundated or | 27 |
| saturated by
surface or ground water at a frequency or duration | 28 |
| sufficient to support,
and that under normal circumstances do | 29 |
| support, a prevalence of vegetation
typically adapted for life | 30 |
| in saturated soil conditions.
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| Section 20. Exemptions.
| 32 |
| (a) As long as they do not have as their purpose bringing a | 33 |
| wetland into a
use to which it was not previously subject, the |
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| following are not prohibited
by or otherwise subject to | 2 |
| regulation under this Act:
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| (1) Normal farming, silviculture, and ranching | 4 |
| activities such
as plowing, seeding, cultivating, minor | 5 |
| drainage, harvesting for the
production of food, fiber, and | 6 |
| forest products, or upland soil and water
conservation | 7 |
| practices.
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| (2) Maintenance, including emergency reconstruction of
| 9 |
| recently damaged parts, of currently serviceable | 10 |
| structures such as dikes,
dams, levees, groins, riprap, | 11 |
| breakwaters, causeways, and bridge
abutments or | 12 |
| approaches, and transportation structures.
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| (3) Construction or maintenance of farm or stock ponds | 14 |
| or
irrigation canals or ditches, or the maintenance of | 15 |
| drainage ditches.
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| (4) Construction of temporary sedimentation basins on | 17 |
| a
construction site that does not include any regulated | 18 |
| activities within a
wetland.
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| (5) Construction or maintenance of farm roads or forest | 20 |
| roads,
or temporary roads for moving mining equipment, | 21 |
| where such roads are
constructed and maintained, in | 22 |
| accordance with best management
practices, to assure that | 23 |
| flow and circulation patterns and chemical and
biological | 24 |
| characteristics of the wetland are not impaired, that the | 25 |
| reach of
the wetland is not reduced, and that any adverse | 26 |
| effect on the aquatic
environment will be otherwise | 27 |
| minimized.
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| (6) Except for Class IA and Class IB wetlands, | 29 |
| activities for the
placement of pilings for linear | 30 |
| projects, such as bridges, elevated walkways,
and power | 31 |
| line structures in accordance with best management | 32 |
| practices, to
assure that the flow and circulation patterns | 33 |
| and chemical and biological
characteristics of the wetland | 34 |
| are not impaired, that the reach of the wetland
is not |
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| reduced, and that any adverse effect on the aquatic | 2 |
| environment will be
otherwise minimized.
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| (7) Installation and maintenance of signs, lighting, | 4 |
| and fences
and the mowing of vegetation within existing | 5 |
| maintained rights-of-way.
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| (8) Repair and maintenance of existing buildings, | 7 |
| facilities,
lawns, and ornamental plantings.
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| (9) Construction projects that have obtained any | 9 |
| necessary
building permits from applicable local | 10 |
| jurisdictions prior to the effective
date of this Act.
| 11 |
| (10) Application of media, including deicing media, on | 12 |
| the
surface of existing roads for purposes of public | 13 |
| safety.
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| (11) Non-surface disturbing surveys and investigations | 15 |
| for
construction, planning, maintenance, or location of | 16 |
| environmental
resources.
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| (12) Wetland management practices on lands that are | 18 |
| used primarily for the
management of waterfowl, other | 19 |
| migratory water birds, or furbearers if such
practices took | 20 |
| place on these lands prior to the effective date of this | 21 |
| Act.
This includes vegetation management that may include | 22 |
| the use of fire, chemical,
or mechanical (hydro-axe, | 23 |
| bulldozer, rome disk, or similar equipment) removal
of | 24 |
| invading woody or herbaceous vegetation to maintain a | 25 |
| preferred successional
stage. Use of chemicals must be by a | 26 |
| certified applicator and chemicals must
be registered for | 27 |
| appropriate use. Clearing or removal of woody vegetation
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| shall be limited to 4-inch dbh (diameter at breast height) | 29 |
| or smaller material
for the purpose of establishing or | 30 |
| maintaining the successional stage of a
wetland as an | 31 |
| herbaceous wetland vegetated by native moist soil plants or
| 32 |
| selected wildlife food plants.
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| (b) Any exemption authorized by and pertaining to wetlands | 34 |
| that are
subject to regulation under the federal Clean Water |
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| Act, or regulations
promulgated thereunder, shall also be an | 2 |
| exemption for the purpose of this
Act.
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| (c) The following are not isolated wetlands for purposes of | 4 |
| this Act:
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| (1) Waste treatment systems, including treatment ponds | 6 |
| or
lagoons, designed to comply with water quality standards | 7 |
| of the State or to
remediate a site in accordance with an | 8 |
| approved Agency program, and former
waste treatment | 9 |
| systems that have ceased operation less than 33 years prior
| 10 |
| to commencement of the proposed activity or which are | 11 |
| undergoing remediation
in accordance with an approved | 12 |
| Agency program.
| 13 |
| (2) A drainage or irrigation ditch.
| 14 |
| (3) An artificially irrigated area that would revert to | 15 |
| upland if
the irrigation ceased.
| 16 |
| (4) An artificial lake or pond created by excavating or | 17 |
| diking
upland to collect and retain water for the primary | 18 |
| purpose of stock
watering, irrigation, wildlife, fire | 19 |
| control, ornamentation or landscaping,
or as a settling | 20 |
| pond.
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| (5) Except for isolated wetlands created pursuant to | 22 |
| mining activities
regulated in accordance with item (7) | 23 |
| below, an incidentally created
water-filled depression, | 24 |
| unless: (i) ownership of the property containing the
| 25 |
| depression has been transferred away from the party who | 26 |
| incidentally created
the water-filled depression, (ii) | 27 |
| that ownership transfer occurred more than 12
months prior | 28 |
| to the commencement of an otherwise regulated activity, | 29 |
| (iii) the
use of the property has changed from the use that | 30 |
| existed when the property was
transferred from the party | 31 |
| who incidentally created the water-filled
depression, and | 32 |
| (iv) the resulting body of water meets the definition in | 33 |
| this
Act of an isolated wetland; or if the ownership of the | 34 |
| property has not been
transferred from the party who |
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| created the incidentally created water-filled
depression, | 2 |
| the depression was not created more than 33 years before | 3 |
| the date
the application is received by the Department.
| 4 |
| (6) Stormwater or spill management systems, including
| 5 |
| retention and detention basins, ditches and channels, and | 6 |
| former
stormwater or spill management systems that have
| 7 |
| ceased operation less than 33 years prior to commencement | 8 |
| of the proposed
activity or which are undergoing | 9 |
| remediation in accordance with
an approved Agency program.
| 10 |
| (7) Waters that undergo mining activities conducted | 11 |
| pursuant to a
federal, State, regional, or local permit | 12 |
| that requires the reclamation
of the affected wetlands if | 13 |
| the reclamation will be completed within a
reasonable | 14 |
| period of time after completion of activities at the site | 15 |
| and,
upon completion of such reclamation, the wetlands will | 16 |
| support functions
generally equivalent to the functions | 17 |
| supported by the wetlands at the time
of commencement of | 18 |
| such activities.
| 19 |
| (8) Prior converted cropland.
| 20 |
| (d) Any activity covered by the Interagency Wetland Policy | 21 |
| Act
of 1989 is exempt from all of the provisions of this Act.
| 22 |
| Section 25. Applicability. Until June 30, 2007, the | 23 |
| requirements of this
Act apply to all isolated wetlands as that | 24 |
| term is defined in this Act. In
the event that an isolated | 25 |
| wetland ceases to meet that definition because it
becomes | 26 |
| subject to regulation under the federal Clean Water Act, such | 27 |
| wetland
shall no longer be subject to the provisions of this | 28 |
| Act.
| 29 |
| Beginning July 1, 2007, the requirements of this Act apply | 30 |
| to all wetlands
as that term is defined in this Act, unless a | 31 |
| COE permit is required; provided,
however, that if an exemption | 32 |
| under Section 20 applies, that exemption shall
continue in | 33 |
| effect after July 1, 2007.
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| The Department on behalf of the State of Illinois may enter | 2 |
| into written
delegation agreements with the
Corps of Engineers | 3 |
| under which it may assume all or portions of COE authority
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| under the federal Clean Water Act. Such delegation agreements | 5 |
| shall provide,
at a minimum, that all delineation, | 6 |
| classification, notification, and
permitting requirements | 7 |
| shall be at least as stringent as those contained in
this Act.
| 8 |
| Section 30. Wetlands delineation, classification, | 9 |
| notification, permits.
The requirements of this Section apply | 10 |
| upon the adoption of rules under
Section 45(c) of this Act, or | 11 |
| 270 days from the effective date of
this Act, whichever occurs | 12 |
| first.
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| (a) The procedures and regulatory criteria for the | 14 |
| delineation,
classification, notification, and permitting for | 15 |
| wetlands shall be
conducted in accordance with the provisions | 16 |
| of this Section.
| 17 |
| (b) Any person who intends to conduct a regulated activity | 18 |
| within the State
may request a determination from the | 19 |
| Department as to the existence,
location, and surface area of | 20 |
| any wetlands on or contiguous to the affected
property. Nothing | 21 |
| in this Section shall require the person to seek such a
| 22 |
| determination; however, failure to seek and obtain a | 23 |
| determination shall not
be a defense against a violation of | 24 |
| this Act.
| 25 |
| The person seeking a determination shall provide the | 26 |
| Department with
sufficient information to render such a | 27 |
| determination. Such information shall
include a wetland | 28 |
| delineation made in accordance with the COE Wetlands
| 29 |
| Delineation Manual, Technical Report Y-87-1. Delineation of | 30 |
| the portion of a
contiguous wetland not on the affected | 31 |
| property shall be made to the extent
reasonably possible, and | 32 |
| methods other than physical onsite evaluations shall
be | 33 |
| considered by the Department.
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| The Department shall provide notice to the applicant as to | 2 |
| whether a
submitted application is complete. Unless the | 3 |
| Department notifies the
applicant that the application is | 4 |
| incomplete within 15 days of receipt of the
application, the | 5 |
| application shall be deemed complete. The Department
may
| 6 |
| request additional information as needed to make the | 7 |
| completeness
determination.
| 8 |
| The Department shall, upon receipt of a complete | 9 |
| determination
request, provide the person, within 30 days, with | 10 |
| a determination as to the
existence, location, and surface area | 11 |
| of wetlands located on or contiguous to
the affected property.
| 12 |
| If the Department determines that there are no wetlands on | 13 |
| the
affected property, any otherwise regulated activity | 14 |
| conducted on the property
shall not be subject to the | 15 |
| provisions of this Act.
| 16 |
| If the Department determines that there is one or more | 17 |
| wetlands on
or contiguous to the affected property, the person | 18 |
| may apply to the Department
for classification of such | 19 |
| wetlands.
| 20 |
| Any determination of a wetland by the Department is a final | 21 |
| decision
for purposes of appeal.
| 22 |
| (c) If any person intends to conduct a regulated activity, | 23 |
| such person may,
prior to commencing such a regulated activity, | 24 |
| request that the wetland be
classified as Class IA, IB, II, or | 25 |
| III in accordance with the provisions of
this Section. Nothing | 26 |
| in this Section shall require the person to seek such a
| 27 |
| classification; however, any wetlands not so classified shall | 28 |
| be considered
Class IA for the purposes of this Act.
| 29 |
| The person seeking a classification shall provide the | 30 |
| Department with
sufficient information to render such a | 31 |
| classification. Such information shall
include a wetland | 32 |
| delineation made in accordance with the COE Wetlands
| 33 |
| Delineation Manual, Technical Report Y-87-1.
| 34 |
| Unless the Department notifies the applicant that the |
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| application is
incomplete within 15 days of receipt of the | 2 |
| application, the application shall
be deemed complete. The | 3 |
| Department may request additional information as
needed to make | 4 |
| the completeness determination. The Department shall,
upon | 5 |
| receipt of a complete classification request, provide the | 6 |
| person, within
30 days, with a classification of wetlands | 7 |
| located on or contiguous to the
affected property. If the | 8 |
| Department fails to provide the person with a
classification | 9 |
| within 30 days, the classification requested by the person | 10 |
| shall
be deemed granted.
| 11 |
| Wetlands shall be classified as follows:
| 12 |
| (1) The Department shall classify a wetland as
a Class | 13 |
| IA Wetland if and only if:
| 14 |
| (A) the wetland is or encompasses a bog;
| 15 |
| (B) the wetland is or encompasses a fen;
| 16 |
| (C) the wetland is or encompasses a panne;
| 17 |
| (D) the wetland is or encompasses a cypress swamp;
| 18 |
| (E) the wetland is or encompasses a Category I | 19 |
| Illinois Natural Areas
Inventory Site, provided that | 20 |
| the Department shall disclose within 5 working
days of | 21 |
| a request from an applicant, a prospective applicant, | 22 |
| or a qualified
professional on behalf of an applicant | 23 |
| or a prospective applicant whether a
site identified by | 24 |
| latitude and longitude includes a Category I Illinois
| 25 |
| Natural Areas Inventory Site; or
| 26 |
| (F) a threatened or endangered species has been | 27 |
| identified in the
wetland.
| 28 |
| (2) The Department shall classify a wetland as
a Class | 29 |
| IB Wetland if and only if the wetland:
| 30 |
| (A) is or encompasses an ADID site;
| 31 |
| (B) is or encompasses a Category VI Illinois | 32 |
| Natural Area Inventory
Site or regional equivalent; | 33 |
| provided that the Department shall disclose within
5 | 34 |
| working days of a request from an applicant, a |
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| prospective applicant, or a
qualified professional on | 2 |
| behalf of an applicant or a prospective applicant
| 3 |
| whether a site identified by latitude and longitude | 4 |
| includes a Category VI
Illinois Natural Areas | 5 |
| Inventory Site; or
| 6 |
| (C) has a Floristic Quality Index (FQI) which is | 7 |
| equal to or greater
than 20 or a mean coefficient of | 8 |
| conservatism (Mean C) equal to or greater than
3.5, | 9 |
| determined in accordance with rules adopted by the | 10 |
| Department.
| 11 |
| (3) The Department shall classify a wetland as
a Class | 12 |
| II Wetland if and only if the wetland is not a Class I-A,
| 13 |
| Class I-B, or Class III wetland.
| 14 |
| (4) The Department shall classify a wetland as a Class | 15 |
| III Wetland
if and only if:
| 16 |
| (A) the wetland is not a Class IA or Class IB | 17 |
| wetland; and
| 18 |
| (B) the total size of the wetland, including | 19 |
| contiguous areas, is
| 20 |
| (i) less than 0.25 acre, or
| 21 |
| (ii) less than 0.5 acre if the wetland is in a | 22 |
| county that does
not have authority to establish a | 23 |
| stormwater management program under Section
5-1062 | 24 |
| of the Counties Code and the wetland is in | 25 |
| agricultural land.
| 26 |
| (d) Subject to the provisions of Section 40 regarding | 27 |
| general permits, no
person may conduct or cause to be conducted | 28 |
| a regulated activity within or
affecting a wetland in such a | 29 |
| manner that the biological or hydrological
integrity of the | 30 |
| wetland is impaired within the scope of this Act, except in
| 31 |
| accordance with the terms of an individual permit issued by the | 32 |
| Department or
authorization to proceed as applicable under this | 33 |
| Section.
| 34 |
| (1) Class IA Wetlands:
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| (A) A permit to conduct a regulated activity | 2 |
| affecting a Class IA
wetland within the scope of this | 3 |
| Act shall be granted if documentation is
submitted that | 4 |
| demonstrates that complete avoidance of impacts to the | 5 |
| Class
IA wetland precludes all economic use of the | 6 |
| entire parcel and that no
practicable alternative to | 7 |
| wetland modification exists.
| 8 |
| Based upon a review of the submitted documentation | 9 |
| and any other
available resources, the Department | 10 |
| shall make a determination as
to whether the proposed | 11 |
| modification represents the least amount of
wetland | 12 |
| impact required to restore an economic use to the | 13 |
| upland portion
of the parcel.
| 14 |
| Wetland losses shall be mitigated at a ratio of | 15 |
| 4.5:1 and
shall be mitigated in kind and within the | 16 |
| same watershed as the impacted
area restoring, to the | 17 |
| maximum degree practicable as determined by the
| 18 |
| Department, both the type and functions of the wetland | 19 |
| that will be
affected by the regulatory activity.
| 20 |
| The Director, for good cause shown and on a | 21 |
| case-by-case basis, may
authorize an upward or | 22 |
| downward departure from the mitigation ratio otherwise
| 23 |
| required under this subdivision (d)(1), but for a Class | 24 |
| IA wetland the Director
shall require a mitigation | 25 |
| ratio of at least 4:1 and shall not require a
| 26 |
| mitigation ratio greater than 5:1.
| 27 |
| (B) No permit under this subdivision (d)(1) may be | 28 |
| issued by the
Department without a public notice and a | 29 |
| public hearing.
| 30 |
| (2) Class IB Wetlands:
| 31 |
| (A) A permit to conduct a regulated activity | 32 |
| affecting a Class IB
wetland within the scope of this | 33 |
| Act shall be granted if documentation is
submitted that | 34 |
| demonstrates that no practicable alternative to |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| wetland
modification exists.
| 2 |
| Based upon a review of the submitted documentation | 3 |
| and any other
available resources, the Department | 4 |
| shall make a determination as
to whether the proposed | 5 |
| modification constitutes the least amount of
wetland | 6 |
| impact practicable and whether a permit should be | 7 |
| granted.
| 8 |
| Wetland losses shall be mitigated at a ratio of 3:1 | 9 |
| and shall
be mitigated in kind and within the same | 10 |
| watershed as the impacted area,
restoring both the type | 11 |
| and functions of the wetlands that will be affected
by | 12 |
| the regulated activity.
| 13 |
| The Director, for good cause shown and on a | 14 |
| case-by-case basis, may
authorize an upward or | 15 |
| downward departure from the mitigation ratio otherwise
| 16 |
| required under this subdivision (d)(2), but for a Class | 17 |
| IB wetland the Director
shall require a mitigation | 18 |
| ratio of at least 2.5:1 and shall not require a
| 19 |
| mitigation ratio greater than 3.5:1.
| 20 |
| (B) No permit under this subdivision (d)(2) may be | 21 |
| issued by the
Department without a public notice and | 22 |
| opportunity for public hearing
being afforded. The | 23 |
| Department shall hold a public hearing concerning a
| 24 |
| permit application if the proposed activity may have a | 25 |
| significant impact upon
wetland resources or if the | 26 |
| Department determines that a public hearing
is | 27 |
| otherwise appropriate.
| 28 |
| (3) Class II Wetlands:
| 29 |
| (A) A permit to conduct a regulated activity | 30 |
| affecting a Class II
wetland within the scope of this | 31 |
| Act shall be granted if documentation is
submitted | 32 |
| demonstrating that no reasonable alternative to | 33 |
| wetland
modification exists.
| 34 |
| Based upon a review of the submitted documentation |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| and any other
available resources, the Department | 2 |
| shall make a determination as
to whether the proposed | 3 |
| modification constitutes the least amount of
wetland | 4 |
| impact practicable and whether a permit should be | 5 |
| granted.
| 6 |
| Wetland losses shall be mitigated at a ratio of | 7 |
| 1.5:1 and shall
be mitigated in kind and within the | 8 |
| same watershed as the impacted area,
restoring both the | 9 |
| type and functions of the wetland that will be affected
| 10 |
| by the regulated activity.
| 11 |
| (B) No permit under this subdivision (d)(3) may be | 12 |
| issued by the
Department without a public notice and | 13 |
| opportunity for public hearing being
afforded. The | 14 |
| Department shall hold a public hearing concerning a
| 15 |
| permit application if the proposed activity may have a | 16 |
| significant impact
upon wetland resources or if the | 17 |
| Department determines that a
public hearing is | 18 |
| otherwise appropriate.
| 19 |
| (4) Class III Wetlands:
| 20 |
| (A) No regulated activity covered under this Act | 21 |
| that will
impact an area that has been classified as a | 22 |
| Class III wetland may be
undertaken without prior | 23 |
| notification to the Department.
| 24 |
| (B) Such notification shall include (1) a sketch | 25 |
| that reasonably
depicts the area that will be affected | 26 |
| by the regulated activity, including
wetland and water | 27 |
| boundaries for the areas affected and the existing land
| 28 |
| uses and structures; (2) a description of the proposed | 29 |
| activity, including its
purpose; (3) a description of | 30 |
| any public benefit to be derived from the
proposed | 31 |
| project; and (4) the names and addresses of adjacent | 32 |
| landowners
as determined by the current tax assessment | 33 |
| rolls.
| 34 |
| (C) Upon receipt of a notification of intent, the |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| Department shall
verify that the regulated activity | 2 |
| will affect a wetland that it
previously classified as | 3 |
| Class III.
| 4 |
| If the Department so verifies, the Department | 5 |
| shall
send the person, within 30 days of the receipt of | 6 |
| such notification, a
response stating that the | 7 |
| regulated activity may proceed.
| 8 |
| If the Department cannot so verify, the Department
| 9 |
| shall send the person, within 30 days of the receipt of | 10 |
| such notification,
a response stating that no | 11 |
| classification has been made by the Department, or
that | 12 |
| a Classification of IA, IB, or II was made and that the | 13 |
| regulated
activity may not proceed until either a | 14 |
| classification is made pursuant to
this Section, or a | 15 |
| permit is obtained, as applicable.
| 16 |
| Failure of the Department to respond to a | 17 |
| notification shall
be deemed an authorization to | 18 |
| proceed.
| 19 |
| (D) No permit shall be required for a regulated | 20 |
| activity covered
under this Act that will impact an | 21 |
| area that has been classified as a Class
III wetland.
| 22 |
| (e) Within 15 days of the receipt of a permit application, | 23 |
| the Department
shall determine if an application is complete. | 24 |
| To be deemed complete,
an application must provide all | 25 |
| information, as requested in Department
application forms, | 26 |
| sufficient to evaluate the application. Such information
shall | 27 |
| include, at a minimum: (1) a map of the area that will be | 28 |
| affected by the
activity, including wetland and water | 29 |
| boundaries for the areas affected and the
existing uses and | 30 |
| structures. Such information shall include a wetland
| 31 |
| delineation made in accordance with the COE Wetlands | 32 |
| Delineation Manual,
Technical Report Y-87-1; (2) a description | 33 |
| of the proposed activity, including
its purpose, the location | 34 |
| and dimensions of any structures, grading or fills,
drainage, |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| roads, sewers and water supply, parking lots, stormwater | 2 |
| facilities,
discharge of pollutants, and onsite waste | 3 |
| disposal; (3) a description of any
public benefit to be derived | 4 |
| from the proposed project; and (4) the names and
addresses of | 5 |
| adjacent landowners as determined by the current tax assessment
| 6 |
| rolls. The Department application forms shall be finalized and | 7 |
| made
available prior to the date on which any application is | 8 |
| required. The
Department shall provide notice to the applicant | 9 |
| as to whether a submitted
application is complete. Unless the | 10 |
| Department notifies the applicant
that the application is | 11 |
| incomplete within 20 days of receipt of the
application, the | 12 |
| application shall be deemed complete. The Department
may | 13 |
| request additional information as needed to make the | 14 |
| completeness
determination. The Department may, to the extent | 15 |
| practicable, provide
the applicant with a reasonable | 16 |
| opportunity to correct deficiencies prior to
a final | 17 |
| determination of completeness. Within 90 days from the receipt | 18 |
| of a
complete application for permit, the Department shall | 19 |
| either issue or
deny the permit or issue it with conditions. If | 20 |
| a public hearing is held on
the application, however, this | 21 |
| period shall be extended by 45 days.
| 22 |
| (f) The Department shall not issue a permit pursuant to | 23 |
| this
Section unless the Agency has certified that the proposed | 24 |
| activity will not
cause or contribute to a violation of any | 25 |
| State water quality standard. The
Agency will be deemed to have | 26 |
| certified that the proposed activity will not
cause or | 27 |
| contribute to a violation of any State water quality standard | 28 |
| if it
has not declined in writing to so certify within 80 days | 29 |
| of the filing of the
application unless the Agency has | 30 |
| requested that the applicant supply more
information relevant | 31 |
| to assessing the water quality impacts of the proposed
| 32 |
| activity. If a public hearing is held on the application, | 33 |
| however, this period
shall be extended by 45 days.
| 34 |
| (g) A person may submit concurrent requests for (i) |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| determination and
delineation, (ii) classification, and (iii) | 2 |
| issuance of a permit or
notification. The Department shall act | 3 |
| on such combined requests
concurrently in accordance with | 4 |
| expedited permitting procedures adopted by
the Department.
| 5 |
| (h) Any person may submit an application for an | 6 |
| after-the-fact permit
to be issued under this Act, and the | 7 |
| Department is authorized to issue such
an after-the-fact permit | 8 |
| if it determines that the activities covered by the
| 9 |
| after-the-fact permit application were undertaken and | 10 |
| conducted in response
to emergency circumstances where there | 11 |
| may be an imminent threat to persons,
public infrastructure, | 12 |
| personal property, or uninterrupted utility
service that made | 13 |
| it impracticable for the applicant to obtain prior
| 14 |
| authorization under this Act to undertake and conduct such | 15 |
| activities.
The applicant shall be required to demonstrate that | 16 |
| it provided notice to
the Department of the emergency | 17 |
| circumstances as soon as reasonably possible
following the | 18 |
| discovery of such circumstances.
| 19 |
| (i) The Department shall adopt rules to carry out the | 20 |
| provisions of this
Section in accordance with Section 45 of | 21 |
| this Act.
| 22 |
| Section 35. Surety. The Department may provide by rule for | 23 |
| any
requirements regarding bonds or letters of credit in favor | 24 |
| of the State,
including conditions sufficient to secure | 25 |
| compliance with conditions and
limitations of a permit.
| 26 |
| Section 40. General permits.
| 27 |
| (a) Notwithstanding Section 30, any person who intends to | 28 |
| conduct a
regulated activity within the State may do so in | 29 |
| accordance with a general
permit issued by the Department under | 30 |
| this Section.
| 31 |
| (b) Permits for all categories of activities, subject to | 32 |
| the same permit
limitations and conditions, that are the |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| subject of a nationwide permit issued
by the Corps of Engineers | 2 |
| in effect on the date of the enactment of this Act,
are adopted | 3 |
| as general permits covering regulated activities subject to | 4 |
| this
Act.
| 5 |
| (c) The Department may adopt general permits covering other
| 6 |
| activities that would be subject to the same permit limitations | 7 |
| and conditions,
if it determines that the activities in such | 8 |
| category will cause only minimal
adverse environmental effects | 9 |
| when performed separately, will have only minimal
cumulative | 10 |
| adverse effect on the environment, will not cause or contribute
| 11 |
| to a violation of State water quality standards when performed | 12 |
| separately,
and will have only a minimal cumulative adverse | 13 |
| effect on water quality.
The Department may prescribe best | 14 |
| management practices for any general permit
issued under this | 15 |
| Section. The Department shall consider any optional
mitigation | 16 |
| proposed by an applicant in determining whether the net adverse
| 17 |
| environmental effects of a proposed regulated activity are | 18 |
| minimal.
| 19 |
| Specifically, the Department must adopt general permits | 20 |
| for each of the
following:
| 21 |
| (1) The construction or maintenance of access roads for | 22 |
| utility lines,
substations or related equipment or | 23 |
| facilities.
| 24 |
| (2) Activities for the purpose of preserving and | 25 |
| enhancing
aviation safety or to prevent an airport hazard.
| 26 |
| (d) No general permit adopted under this Section shall be | 27 |
| for a period of
more than 5 years after the date of its | 28 |
| issuance. A general permit may be
revoked or modified by the | 29 |
| Department if, after opportunity for public
hearing, the | 30 |
| Department determines that the activities authorized by the
| 31 |
| general permit have an adverse impact on the environment, cause | 32 |
| or contribute
to a violation of State water quality standards, | 33 |
| or are more appropriately
authorized by individual permits.
| 34 |
| (e) Compliance with the terms of a general permit shall be |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| deemed
compliance with the provisions of this Act if the | 2 |
| applicant (i) files a
notice of intent to be covered under the | 3 |
| provisions of the general permit in
accordance with regulations | 4 |
| adopted pursuant to this Act and (ii) files any
reports | 5 |
| required by the general permit.
| 6 |
| (f) The Department shall respond to a notice of intent to | 7 |
| proceed
under a general permit issued under this Section within | 8 |
| 30 days after the
Department receives the notice. In the event | 9 |
| that the Department
fails to respond to a notice of intent to | 10 |
| proceed within 30 days as required
by this subsection (f), the | 11 |
| person submitting the notice shall be deemed fully
authorized | 12 |
| to conduct the activities described in the notice under the | 13 |
| terms
and conditions of the applicable general permit.
| 14 |
| Section 45. Wetlands Advisory Committee; duties; rules.
| 15 |
| (a) There is hereby established a Wetlands Advisory | 16 |
| Committee, which shall
consist of 17 members appointed by the | 17 |
| Governor and 2 non-voting members.
| 18 |
| The Committee shall include 5 members representing the | 19 |
| interests of
business, industry, real estate, and agriculture.
| 20 |
| The Committee shall include 5 members selected from the | 21 |
| membership of
environmental and conservation groups in the | 22 |
| State.
| 23 |
| The Committee shall include 2 members representing | 24 |
| counties exercising
authority under Section 5-1062 or 5-1062.1 | 25 |
| of the Counties Code to
establish stormwater management | 26 |
| programs.
| 27 |
| The Committee shall include one member representing | 28 |
| municipalities.
| 29 |
| The Committee shall include one member representing | 30 |
| building trades unions.
| 31 |
| The Committee shall include 3 other members as determined | 32 |
| by the Governor.
| 33 |
| The Director of Natural Resources, or his or her designee, |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| and the Director
of the Illinois Environmental Protection | 2 |
| Agency, or his or her designee, shall
be non-voting members of | 3 |
| the Committee.
| 4 |
| The Committee shall biannually elect from its membership a | 5 |
| Chair, who shall
not be an employee of the Illinois | 6 |
| Environmental Protection Agency or the
Illinois Department of | 7 |
| Natural Resources.
| 8 |
| Members of the Advisory Committee may organize themselves | 9 |
| as they deem
necessary and shall serve without compensation.
| 10 |
| The Department shall provide reasonable and necessary | 11 |
| staff support to the
Committee.
| 12 |
| (b) Within 120 days after the effective date of this Act, | 13 |
| the
Committee shall recommend rules to the Department. From | 14 |
| time to time
the Committee shall review, evaluate, and make | 15 |
| recommendations (i)
regarding State laws, rules, and | 16 |
| procedures that relate to this Act and
(ii) relating to the | 17 |
| State's efforts to implement this Act.
| 18 |
| (c) Within 6 months after the effective date of this Act, | 19 |
| the Department,
after consideration of the recommendations of | 20 |
| the Committee (or if the
Committee for any reason has not made | 21 |
| recommendations, the Department itself),
shall adopt any rules | 22 |
| required by this Act prescribing procedures and standards
for | 23 |
| its administration. Nothing in this Act shall preclude, at any | 24 |
| time, the
recommendation, proposal, or adoption of any other | 25 |
| rules deemed necessary for
the orderly implementation of this | 26 |
| Act.
| 27 |
| (d) The Committee shall develop a plan for statewide | 28 |
| wetlands protection
and shall submit such plan to the | 29 |
| Department. The Department may seek to
obtain a delegation of | 30 |
| COE authority under Section 404 of the federal Clean
Water Act | 31 |
| for all wetlands in Illinois on or before July 1, 2007 in | 32 |
| accordance
with Section 25 of this Act.
| 33 |
| (e) The Committee shall assist counties having stormwater | 34 |
| management
authority under Section 5-1062 or 5-1062.1 of the |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| Counties Code in coordinating
and unifying stormwater | 2 |
| management regulations adopted thereto, as required in
Section | 3 |
| 60(f) of this Act.
| 4 |
| Section 50. Appeal of final Department decision; judicial | 5 |
| review.
| 6 |
| (a) Any permit applicant who has been denied a permit in | 7 |
| whole or in part,
and any person who participated in the permit | 8 |
| proceeding and who is aggrieved
by a decision of the Department | 9 |
| to grant a permit in whole or in part,
may appeal the decision | 10 |
| to the Director within 35 days of the permit grant
or denial. | 11 |
| However, the 35-day period for appealing to the Director may be
| 12 |
| extended by the applicant for a period of time not to exceed 90 | 13 |
| days by written
notice provided to the Director. In all such | 14 |
| appeals, the burden of persuasion
shall be on the party | 15 |
| appealing the Department's decision.
| 16 |
| (b) A person aggrieved by a final decision made pursuant to | 17 |
| this Act may
seek judicial review of the decision pursuant to | 18 |
| the Administrative Review Law.
| 19 |
| Section 55. Investigation; enforcement.
| 20 |
| (a) In accordance with constitutional limitations, the | 21 |
| Department
shall have authority to enter at all reasonable | 22 |
| times upon any private or
public property for the purpose of | 23 |
| inspecting and investigating to ascertain
possible violations | 24 |
| of this Act or of rules adopted hereunder, or of permits
or | 25 |
| terms or conditions thereof.
| 26 |
| (b) The civil penalties provided for in this Section may be | 27 |
| recovered in a
civil action which may be instituted in a court | 28 |
| of competent jurisdiction. The
State's Attorney of the county | 29 |
| in which the alleged violation occurred, or the
Attorney | 30 |
| General, may, at the request of the Department or on his or her
| 31 |
| own motion, institute a civil action in a court of competent | 32 |
| jurisdiction to
recover civil penalties and to obtain an |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| injunction to restrain violations of
the Act.
| 2 |
| (c) Any person who violates any provision of this Act or | 3 |
| any rule adopted
hereunder, or any permit or term or condition | 4 |
| thereof, shall be liable for a
civil penalty of not to exceed | 5 |
| $10,000 per day of violation; such penalties
may be made | 6 |
| payable to the Wetlands Protection Fund and shall be deposited
| 7 |
| into that Fund as provided in subsection (j). In determining | 8 |
| the
appropriate civil penalty to be imposed under this Section, | 9 |
| the Court is
authorized to consider any matters of record in | 10 |
| mitigation or aggravation of
penalty, including but not limited | 11 |
| to the following factors:
| 12 |
| (1) The duration and gravity of the violation.
| 13 |
| (2) The presence or absence of due diligence on the | 14 |
| part of the violator
in attempting to comply with | 15 |
| requirements of this Act and rules adopted
hereunder or to | 16 |
| secure relief therefrom as provided by this Act.
| 17 |
| (3) Any economic benefits accrued by the violator | 18 |
| through the
violation.
| 19 |
| (4) The amount of monetary penalty which will serve to | 20 |
| deter further
violations by the violator and to otherwise | 21 |
| aid in enhancing voluntary
compliance with this Act by the | 22 |
| violator and other persons similarly
subject to this Act.
| 23 |
| (5) The number, proximity in time, and gravity of | 24 |
| previously
adjudicated violations of this Act by the | 25 |
| violator.
| 26 |
| (d) Any violation of any provision of this Act or any rule | 27 |
| adopted
hereunder, or any permit or term or condition thereof, | 28 |
| shall not be deemed
a criminal offense.
| 29 |
| (e) All final orders imposing civil penalties pursuant to | 30 |
| this Section
shall prescribe the time for payment of such | 31 |
| penalties. If any such penalty is
not paid within the time | 32 |
| prescribed, interest on such penalty at the rate set
forth in | 33 |
| subsection (a) of Section 1003 of the Illinois Income Tax Act | 34 |
| shall
be paid for the period from the date payment is due until |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| the date payment is
received. However, if the time for payment | 2 |
| is stayed during the pendency of
an appeal, interest shall not | 3 |
| accrue during such stay.
| 4 |
| (f) The Department may terminate a permit if the holder | 5 |
| substantially
violates any condition of the permit, obtains a | 6 |
| permit by misrepresentation, or
fails to disclose relevant | 7 |
| facts.
| 8 |
| (g) The Attorney General, or the State's Attorney of the | 9 |
| county where the
affected wetland is located, may, upon his or | 10 |
| her own motion or upon request
of the Department, institute a | 11 |
| civil action in circuit court for an
injunction or other | 12 |
| appropriate legal action to restrain a violation of this
Act or | 13 |
| of any rule adopted under this Act. In the proceeding the court | 14 |
| shall
determine whether a violation has been committed or is | 15 |
| likely to occur, and
shall enter any order it considers | 16 |
| necessary to remove the effects of the
violation and to prevent | 17 |
| the violation from occurring, continuing, or being
renewed in | 18 |
| the future. An order may include a requirement that the | 19 |
| violator
restore the affected wetland area, including a | 20 |
| provision that, if the violator
does not comply by restoring | 21 |
| the wetland within a reasonable time, the Department may | 22 |
| restore the wetland to its condition prior to the violation and
| 23 |
| the violator shall be liable to the Department for the cost of
| 24 |
| restoration.
| 25 |
| (h) Any penalty assessed pursuant to this Act, including | 26 |
| costs of wetland
restoration and any restoration requirement, | 27 |
| shall be recorded by the clerk of
the court as a lien against | 28 |
| the land and shall not be removed until the penalty
is paid or | 29 |
| the restoration is completed.
| 30 |
| (i) All costs, fees, and expenses in connection with an | 31 |
| enforcement or
restoration action shall be assessed as damages | 32 |
| against the violator.
| 33 |
| (j) All penalties collected under this Section shall be | 34 |
| deposited into the
Wetlands Protection Fund.
|
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| (k) Enforcement actions under this Section may be | 2 |
| concurrent or separate.
| 3 |
| Section 60. County authority.
| 4 |
| (a) Nothing in this Act preempts or denies the right of any
| 5 |
| governmental body with a stormwater management program under | 6 |
| Section
5-1062 of the Counties Code to control
or regulate | 7 |
| activities in any wetlands within the jurisdiction of the
| 8 |
| governmental body.
| 9 |
| (b) Upon the request of a governmental body with a
| 10 |
| stormwater management program under Section 5-1062 of the
| 11 |
| Counties Code, the Director shall, within 30 calendar days
of | 12 |
| receiving the request, provide a letter recognizing whether
the | 13 |
| governmental body's stormwater management program:
| 14 |
| (1) provides wetlands protection consistent with the | 15 |
| intent of
this Act; and
| 16 |
| (2) has an administration and qualified staff to | 17 |
| implement the
governmental body's stormwater management | 18 |
| program.
| 19 |
| (b-5) After consultation with the Department of Natural | 20 |
| Resources, the
General Assembly finds and declares that the | 21 |
| stormwater management programs
implemented by DuPage, Lake, | 22 |
| and Kane Counties under Section 5-1062 of the
Counties Code, as | 23 |
| they exist at the time of the passage of this Act, meet the
| 24 |
| requirements of subsection (b), and therefore they shall be | 25 |
| deemed to have
received recognition and approval under that | 26 |
| subsection without further action
by the Department.
| 27 |
| (c) Activities within or affecting wetlands that occur | 28 |
| within the
jurisdiction of a governmental body with a | 29 |
| stormwater management
program under Section 5-1062 of the | 30 |
| Counties Code that meets the
provisions of subdivisions (b)(1) | 31 |
| and (b)(2) of this Section are
exempt from the requirements of | 32 |
| this Act, but must meet those county
stormwater management | 33 |
| requirements, at a minimum.
This exemption also applies during |
|
|
|
09300HB0913sam001 |
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LRB093 05421 RAS 51128 a |
|
| 1 |
| the period that the Department is
considering a county's | 2 |
| request under subsection (b), but the requirements
of this Act | 3 |
| do apply until the county has requested recognition under
| 4 |
| subsection (b), unless the county has received immediate | 5 |
| recognition
under subsection (b-5) of this Section.
| 6 |
| (d) The Director may rescind recognition status in the | 7 |
| event that the
governmental body with a stormwater management | 8 |
| program under Section
5-1062 of the Counties Code no longer | 9 |
| meets the provisions of subdivisions
(b)(1) and (b)(2) of this | 10 |
| Section.
| 11 |
| (e) A governmental body with a stormwater management | 12 |
| program under Section
5-1062 of the Counties Code that has | 13 |
| obtained recognition by the Director under
subsection (b) of | 14 |
| this Section shall submit an annual report to the Director.
| 15 |
| (f) Counties having authority under Section 5-1062 of the
| 16 |
| Counties Code to adopt a stormwater management program shall | 17 |
| seek with the
assistance of the Northeastern Illinois Planning | 18 |
| Commission to coordinate and
unify regulations adopted | 19 |
| pursuant thereto.
| 20 |
| (g) Nothing in this Act shall be construed as a limitation | 21 |
| or preemption
of any home rule power.
| 22 |
| Section 65. Wetlands Protection Fund. All penalties | 23 |
| collected by
the Department pursuant to this Act shall be | 24 |
| deposited into the Wetlands
Protection Fund, which is hereby | 25 |
| created as a special fund in the State
Treasury. In addition to | 26 |
| any moneys that may be appropriated from the General
Revenue | 27 |
| Fund, the Illinois General Assembly shall appropriate moneys in | 28 |
| the
Wetlands Protection Fund to the Department in amounts | 29 |
| deemed necessary
to implement this Act.
| 30 |
| Section 90. Repeal. This Act is repealed on July 1, 2007. | 31 |
| Section 95. The State Finance Act is amended by adding |
|
|
|
09300HB0913sam001 |
- 27 - |
LRB093 05421 RAS 51128 a |
|
| 1 |
| Section 5.625 as
follows:
| 2 |
| (30 ILCS 105/5.625 new)
| 3 |
| Sec. 5.625. The Wetlands Protection Fund.
| 4 |
| Section 97. Severability. The provisions of this Act are | 5 |
| severable under
Section 1.31 of the Statute on Statutes.
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
|
|