Full Text of HB3876 94th General Assembly
HB3876 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3876
Introduced 2/28/2005, by Rep. Karen May SYNOPSIS AS INTRODUCED: |
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New Act |
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30 ILCS 105/5.640 new |
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Creates the Wetlands Protection Act. Provides for
the regulation of certain wetlands in Illinois. Amends the State Finance Act
to create the Wetlands Protection Fund. |
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3876 |
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LRB094 11594 JAM 42647 b |
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| AN ACT concerning wetlands.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Wetlands
Protection Act .
| 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.
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| Section 10. Definitions. For the purposes of this Act:
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| (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.
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| (b) "Affected property" means any property upon which a | 17 |
| regulated activity
is conducted.
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| (c) "Agency" means the Illinois Environmental Protection | 19 |
| Agency.
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| (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 | 25 |
| significant inflows
or outflows and supports acidophilic | 26 |
| mosses, particularly sphagnum, resulting
in highly acidic | 27 |
| conditions.
| 28 |
| (g) "Commencing such a regulated activity" means any steps | 29 |
| taken in
preparation of conducting a regulated activity that | 30 |
| may impact the affected
property, such as cutting, filling, | 31 |
| pumping of water, and earth movement.
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| (h) "Committee" means the Wetlands Advisory Committee.
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| (i) "Contiguous wetland" means a wetland that is delineated | 3 |
| on the
affected property and extends beyond the boundary of | 4 |
| that property.
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| (j) "Converted wetland" means a wetland that has been | 6 |
| drained, dredged,
filled, leveled, or otherwise manipulated | 7 |
| (including the removal of woody
vegetation or any activity that | 8 |
| results in impairing or reducing the flow and
circulation of | 9 |
| water) for the purpose of or with the effect of making possible
| 10 |
| the production of an agricultural commodity without further | 11 |
| application of the
manipulations described herein if: (i) such | 12 |
| production would not have been
possible but for such action, | 13 |
| and (ii) before such action such land was
wetland, farmed | 14 |
| wetland, or farmed-wetland pasture and was neither highly
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| erodible land nor highly erodible cropland.
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| (k) "Corps of Engineers" or "COE" means the United States | 17 |
| Army Corps of
Engineers.
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| (l) "Cypress swamp" means forested, permanent or | 19 |
| semi-permanent bodies of
water, with species assemblages | 20 |
| characteristic of the Gulf and Southeastern
Coastal Plains, | 21 |
| including bald cypress, which are restricted to extreme
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| southern Illinois.
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| (m) "Department" means the Illinois Department of Natural | 24 |
| Resources.
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| (n) "Director" means the Director of Natural Resources.
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| (o) "Fen" means a wetland fed by an alkaline water source | 27 |
| such as a
calcareous spring or seep.
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| (p) "Floristic quality index" means an index calculated | 29 |
| using the Floristic
Quality Assessment Method of assessing | 30 |
| floristic integrity (or quality) by
summing the numerical | 31 |
| quality ratings of all plant species present then
dividing the | 32 |
| total by the number of native species present (mean coefficient
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| of conservatism) or by the square root of the number of native | 34 |
| species
(floristic quality index).
(Taft, J.B., G.S. Wilhelm, | 35 |
| D.M. Ladd, and L.A. Masters. 1997. Floristic
quality assessment | 36 |
| for vegetation in Illinois, a method for assessing
vegetation |
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| integrity. Erigenia 15: 3-95.)
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| (q) "Incidentally created" means created as a result of any | 3 |
| normal or
routine
activity coincidental with the conduct of | 4 |
| legitimate business enterprises,
except that a wetland or | 5 |
| depression created as mitigation for any activity
affecting | 6 |
| wetlands is not "incidentally created."
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| (r) "Incidental fallback" means the redeposit of small | 8 |
| volumes of dredged
material that is incidental to excavation | 9 |
| activity in waters of the State when
such material falls back | 10 |
| to substantially the same place as the initial
removal.
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| (s) "Isolated wetlands" means those areas that are | 12 |
| inundated or saturated
by surface or ground water at a | 13 |
| frequency or duration sufficient to support,
and that under | 14 |
| normal circumstances do support, a prevalence of vegetation
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| typically adapted for life in saturated soil conditions, and | 16 |
| that are not
regulated under the federal Clean Water Act.
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| (t) "Panne" means wet interdunal flats located near Lake | 18 |
| Michigan.
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| (u) "Person" means an individual, partnership, | 20 |
| co-partnership, firm,
company, limited liability company, | 21 |
| corporation, association, joint stock
company, trust, estate, | 22 |
| political subdivision, State agency, or other legal
entity, or | 23 |
| its legal representative, agent, or assigns.
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| (v) "Prior converted cropland" means a converted wetland | 25 |
| where the
conversion occurred prior to December 23, 1985, an | 26 |
| agricultural commodity has
been produced at least once before | 27 |
| December 23, 1985, and as of December 23,
1985, the converted | 28 |
| wetland did not support woody vegetation and met the
following | 29 |
| hydrologic criteria: (i) inundation was less than 15 | 30 |
| consecutive
days during the growing season or 10% of the | 31 |
| growing season, whichever is less,
in most years (50% chance or | 32 |
| more); and (ii) if a pothole, ponding was less
than 7 | 33 |
| consecutive days during the growing season in most years (50% | 34 |
| chance
or more) and saturation was less than 14 consecutive | 35 |
| days during the growing
season most years (50% chance or more).
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| (w) "Regulated activity" means the discharge of dredged or |
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| fill material
into a wetland, the drainage of a wetland, or | 2 |
| excavation of a wetland that
results in more than incidental | 3 |
| fallback.
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| (x) "Threatened or endangered species" means those species | 5 |
| that have been
designated as threatened or endangered by the | 6 |
| Illinois Endangered Species
Protection Board pursuant to the | 7 |
| Illinois Endangered Species Protection Act
and those species | 8 |
| that have been designated as threatened or endangered by
the | 9 |
| U.S. Fish and Wildlife Service pursuant to the Endangered | 10 |
| Species Act.
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| (y) "Upland" means non-wetland, when used to describe a | 12 |
| particular land
use, or non-hydric, when used to describe a | 13 |
| soil type.
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| (z) "Wetlands" means those areas that are inundated or | 15 |
| saturated by
surface or ground water at a frequency or duration | 16 |
| sufficient to support,
and that under normal circumstances do | 17 |
| support, a prevalence of vegetation
typically adapted for life | 18 |
| in saturated soil conditions.
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| Section 20. Exemptions.
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| (a) As long as they do not have as their purpose bringing a | 21 |
| wetland into a
use to which it was not previously subject, the | 22 |
| following are not prohibited
by or otherwise subject to | 23 |
| regulation under this Act:
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| (1) Normal farming, silviculture, and ranching | 25 |
| activities such
as plowing, seeding, cultivating, minor | 26 |
| drainage, harvesting for the
production of food, fiber, and | 27 |
| forest products, or upland soil and water
conservation | 28 |
| practices.
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| (2) Maintenance, including emergency reconstruction of
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| recently damaged parts, of currently serviceable | 31 |
| structures such as dikes,
dams, levees, groins, riprap, | 32 |
| breakwaters, causeways, and bridge
abutments or | 33 |
| approaches, and transportation structures.
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| (3) Construction or maintenance of farm or stock ponds | 35 |
| or
irrigation canals or ditches, or the maintenance of |
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| drainage ditches.
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| (4) Construction of temporary sedimentation basins on | 3 |
| a
construction site that does not include any regulated | 4 |
| activities within a
wetland.
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| (5) Construction or maintenance of farm roads or forest | 6 |
| roads,
or temporary roads for moving mining equipment, | 7 |
| where such roads are
constructed and maintained, in | 8 |
| accordance with best management
practices, to assure that | 9 |
| flow and circulation patterns and chemical and
biological | 10 |
| characteristics of the wetland are not impaired, that the | 11 |
| reach of
the wetland is not reduced, and that any adverse | 12 |
| effect on the aquatic
environment will be otherwise | 13 |
| minimized.
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| (6) Except for Class IA and Class IB wetlands, | 15 |
| activities for the
placement of pilings for linear | 16 |
| projects, such as bridges, elevated walkways,
and power | 17 |
| line structures in accordance with best management | 18 |
| practices, to
assure that the flow and circulation patterns | 19 |
| and chemical and biological
characteristics of the wetland | 20 |
| are not impaired, that the reach of the wetland
is not | 21 |
| reduced, and that any adverse effect on the aquatic | 22 |
| environment will be
otherwise minimized.
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| (7) Installation and maintenance of signs, lighting, | 24 |
| and fences
and the mowing of vegetation within existing | 25 |
| maintained rights-of-way.
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| (8) Repair and maintenance of existing buildings, | 27 |
| facilities,
lawns, and ornamental plantings.
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| (9) Construction projects that have obtained any | 29 |
| necessary
building permits from applicable local | 30 |
| jurisdictions prior to the effective
date of this Act.
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| (10) Application of media, including deicing media, on | 32 |
| the
surface of existing roads for purposes of public | 33 |
| safety.
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| (11) Non-surface disturbing surveys and investigations | 35 |
| for
construction, planning, maintenance, or location of | 36 |
| environmental
resources.
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| (12) Wetland management practices on lands that are | 2 |
| used primarily for the
management of waterfowl, other | 3 |
| migratory water birds, or furbearers if such
practices took | 4 |
| place on these lands prior to the effective date of this | 5 |
| Act.
This includes vegetation management that may include | 6 |
| the use of fire, chemical,
or mechanical (hydro-axe, | 7 |
| bulldozer, rome disk, or similar equipment) removal
of | 8 |
| invading woody or herbaceous vegetation to maintain a | 9 |
| preferred successional
stage. Use of chemicals must be by a | 10 |
| certified applicator and chemicals must
be registered for | 11 |
| appropriate use. Clearing or removal of woody vegetation
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| shall be limited to 4-inch dbh (diameter at breast height) | 13 |
| or smaller material
for the purpose of establishing or | 14 |
| maintaining the successional stage of a
wetland as an | 15 |
| herbaceous wetland vegetated by native moist soil plants or
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| selected wildlife food plants.
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| (b) Any exemption authorized by and pertaining to wetlands | 18 |
| that are
subject to regulation under the federal Clean Water | 19 |
| Act, or regulations
promulgated thereunder, shall also be an | 20 |
| exemption for the purpose of this
Act.
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| (c) The following are not isolated wetlands for purposes of | 22 |
| this Act:
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| (1) Waste treatment systems, including treatment ponds | 24 |
| or
lagoons, designed to comply with water quality standards | 25 |
| of the State or to
remediate a site in accordance with an | 26 |
| approved Agency program, and former
waste treatment | 27 |
| systems that have ceased operation less than 33 years prior
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| to commencement of the proposed activity or which are | 29 |
| undergoing remediation
in accordance with an approved | 30 |
| Agency program.
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| (2) A drainage or irrigation ditch.
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| (3) An artificially irrigated area that would revert to | 33 |
| upland if
the irrigation ceased.
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| (4) An artificial lake or pond created by excavating or | 35 |
| diking
upland to collect and retain water for the primary | 36 |
| purpose of stock
watering, irrigation, wildlife, fire |
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| control, ornamentation or landscaping,
or as a settling | 2 |
| pond.
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| (5) Except for isolated wetlands created pursuant to | 4 |
| mining activities
regulated in accordance with item (7) | 5 |
| below, an incidentally created
water-filled depression, | 6 |
| unless: (i) ownership of the property containing the
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| depression has been transferred away from the party who | 8 |
| incidentally created
the water-filled depression, (ii) | 9 |
| that ownership transfer occurred more than 12
months prior | 10 |
| to the commencement of an otherwise regulated activity, | 11 |
| (iii) the
use of the property has changed from the use that | 12 |
| existed when the property was
transferred from the party | 13 |
| who incidentally created the water-filled
depression, and | 14 |
| (iv) the resulting body of water meets the definition in | 15 |
| this
Act of an isolated wetland; or if the ownership of the | 16 |
| property has not been
transferred from the party who | 17 |
| created the incidentally created water-filled
depression, | 18 |
| the depression was not created more than 33 years before | 19 |
| the date
the application is received by the Department.
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| (6) Stormwater or spill management systems, including
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| retention and detention basins, ditches and channels, and | 22 |
| former
stormwater or spill management systems that have
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| ceased operation less than 33 years prior to commencement | 24 |
| of the proposed
activity or which are undergoing | 25 |
| remediation in accordance with
an approved Agency program.
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| (7) Waters that undergo mining activities conducted | 27 |
| pursuant to a
federal, State, regional, or local permit | 28 |
| that requires the reclamation
of the affected wetlands if | 29 |
| the reclamation will be completed within a
reasonable | 30 |
| period of time after completion of activities at the site | 31 |
| and,
upon completion of such reclamation, the wetlands will | 32 |
| support functions
generally equivalent to the functions | 33 |
| supported by the wetlands at the time
of commencement of | 34 |
| such activities.
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| (8) Prior converted cropland.
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| (d) Any activity covered by the Interagency Wetland Policy |
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| Act
of 1989 is exempt from all of the provisions of this Act.
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| Section 25. Applicability. Until June 30, 2008, the | 3 |
| requirements of this
Act apply to all isolated wetlands as that | 4 |
| term is defined in this Act. In
the event that an isolated | 5 |
| wetland ceases to meet that definition because it
becomes | 6 |
| subject to regulation under the federal Clean Water Act, such | 7 |
| wetland
shall no longer be subject to the provisions of this | 8 |
| Act.
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| Beginning July 1, 2008, the requirements of this Act apply | 10 |
| to all wetlands
as that term is defined in this Act, unless a | 11 |
| COE permit is required; provided,
however, that if an exemption | 12 |
| under Section 20 applies, that exemption shall
continue in | 13 |
| effect after July 1, 2008.
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| The Department on behalf of the State of Illinois may enter | 15 |
| into written
delegation agreements with the
Corps of Engineers | 16 |
| under which it may assume all or portions of COE authority
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| under the federal Clean Water Act. Such delegation agreements | 18 |
| shall provide,
at a minimum, that all delineation, | 19 |
| classification, notification, and
permitting requirements | 20 |
| shall be at least as stringent as those contained in
this Act.
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| Section 30. Wetlands delineation, classification, | 22 |
| notification, permits.
The requirements of this Section apply | 23 |
| upon the adoption of rules under
Sections 45(c) and 60 of this | 24 |
| Act, or 270 days from the effective date of
this Act, whichever | 25 |
| occurs first.
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| (a) The procedures and regulatory criteria for the | 27 |
| delineation,
classification, notification, and permitting for | 28 |
| wetlands shall be
conducted in accordance with the provisions | 29 |
| of this Section.
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| (b) Any person who intends to conduct a regulated activity | 31 |
| within the State
may request a determination from the | 32 |
| Department as to the existence,
location, and surface area of | 33 |
| any wetlands on or contiguous to the affected
property. Nothing | 34 |
| in this Section shall require the person to seek such a
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| determination; however, failure to seek and obtain a | 2 |
| determination shall not
be a defense against a violation of | 3 |
| this Act.
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| The person seeking a determination shall provide the | 5 |
| Department with
sufficient information to render such a | 6 |
| determination. Such information shall
include a wetland | 7 |
| delineation made in accordance with the COE Wetlands
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| Delineation Manual, Technical Report Y-87-1. Delineation of | 9 |
| the portion of a
contiguous wetland not on the affected | 10 |
| property shall be made to the extent
reasonably possible, and | 11 |
| methods other than physical onsite evaluations shall
be | 12 |
| considered by the Department.
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| The Department shall provide notice to the applicant as to | 14 |
| whether a
submitted application is complete. Unless the | 15 |
| Department notifies the
applicant that the application is | 16 |
| incomplete within 15 days of receipt of the
application, the | 17 |
| application shall be deemed complete. The Department
may
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| request additional information as needed to make the | 19 |
| completeness
determination.
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| The Department shall, upon receipt of a complete | 21 |
| determination
request, provide the person, within 30 days, with | 22 |
| a determination as to the
existence, location, and surface area | 23 |
| of wetlands located on or contiguous to
the affected property.
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| If the Department determines that there are no wetlands on | 25 |
| the
affected property, any otherwise regulated activity | 26 |
| conducted on the property
shall not be subject to the | 27 |
| provisions of this Act.
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| If the Department determines that there is one or more | 29 |
| wetlands on
or contiguous to the affected property, the person | 30 |
| may apply to the Department
for classification of such | 31 |
| wetlands.
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| Any determination of a wetland by the Department is a final | 33 |
| decision
for purposes of appeal.
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| (c) If any person intends to conduct a regulated activity, | 35 |
| such person may,
prior to commencing such a regulated activity, | 36 |
| request that the wetland be
classified as Class IA, IB, II, or |
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| III in accordance with the provisions of
this Section. Nothing | 2 |
| in this Section shall require the person to seek such a
| 3 |
| classification; however, any wetlands not so classified shall | 4 |
| be considered
Class IA for the purposes of this Act.
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| The person seeking a classification shall provide the | 6 |
| Department with
sufficient information to render such a | 7 |
| classification. Such information shall
include a wetland | 8 |
| delineation made in accordance with the COE Wetlands
| 9 |
| Delineation Manual, Technical Report Y-87-1.
| 10 |
| Unless the Department notifies the applicant that the | 11 |
| application is
incomplete within 15 days of receipt of the | 12 |
| application, the application shall
be deemed complete. The | 13 |
| Department may request additional information as
needed to make | 14 |
| the completeness determination. The Department shall,
upon | 15 |
| receipt of a complete classification request, provide the | 16 |
| person, within
30 days, with a classification of wetlands | 17 |
| located on or contiguous to the
affected property. If the | 18 |
| Department fails to provide the person with a
classification | 19 |
| within 30 days, the classification requested by the person | 20 |
| shall
be deemed granted.
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| Wetlands shall be classified as follows:
| 22 |
| (1) The Department shall classify a wetland as
a Class | 23 |
| IA Wetland if and only if:
| 24 |
| (A) the wetland is or encompasses a bog;
| 25 |
| (B) the wetland is or encompasses a fen;
| 26 |
| (C) the wetland is or encompasses a panne;
| 27 |
| (D) the wetland is or encompasses a cypress swamp;
| 28 |
| (E) the wetland is or encompasses a Category I | 29 |
| Illinois Natural Areas
Inventory Site, provided that | 30 |
| the Department shall disclose within 5 working
days of | 31 |
| a request from an applicant, a prospective applicant, | 32 |
| or a qualified
professional on behalf of an applicant | 33 |
| or a prospective applicant whether a
site identified by | 34 |
| latitude and longitude includes a Category I Illinois
| 35 |
| Natural Areas Inventory Site; or
| 36 |
| (F) a threatened or endangered species has been |
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| identified in the
wetland.
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| (2) The Department shall classify a wetland as
a | 3 |
| Class IB Wetland if and only if the wetland:
| 4 |
| (A) is or encompasses an ADID site;
| 5 |
| (B) is or encompasses a Category VI Illinois | 6 |
| Natural Area Inventory
Site or regional equivalent; | 7 |
| provided that the Department shall disclose within
5 | 8 |
| working days of a request from an applicant, a | 9 |
| prospective applicant, or a
qualified professional on | 10 |
| behalf of an applicant or a prospective applicant
| 11 |
| whether a site identified by latitude and longitude | 12 |
| includes a Category VI
Illinois Natural Areas | 13 |
| Inventory Site; or
| 14 |
| (C) has a Floristic Quality Index (FQI) which is | 15 |
| equal to or greater
than 20 or a mean coefficient of | 16 |
| conservatism (Mean C) equal to or greater than
3.5, | 17 |
| determined in accordance with rules adopted by the | 18 |
| Department.
| 19 |
| (3) The Department shall classify a wetland as
a | 20 |
| Class II Wetland if and only if the wetland is not a Class | 21 |
| I-A,
Class I-B, or Class III wetland.
| 22 |
| (4) The Department shall classify a wetland as a | 23 |
| Class III Wetland
if and only if:
| 24 |
| (A) the wetland is not a Class IA or Class IB | 25 |
| wetland; and
| 26 |
| (B) the total size of the wetland, including | 27 |
| contiguous areas, is
| 28 |
| (i) less than 0.25 acre, or
| 29 |
| (ii) less than 0.5 acre if the wetland is in a | 30 |
| county that does
not have authority to establish a | 31 |
| stormwater management program under Section
5-1062 | 32 |
| of the Counties Code and the wetland is in | 33 |
| agricultural land.
| 34 |
| (d) Subject to the provisions of Section 40 regarding | 35 |
| general permits, no
person may conduct or cause to be conducted | 36 |
| a regulated activity within or
affecting a wetland in such a |
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| manner that the biological or hydrological
integrity of the | 2 |
| wetland is impaired within the scope of this Act, except in
| 3 |
| accordance with the terms of an individual permit issued by the | 4 |
| Department or
authorization to proceed as applicable under this | 5 |
| Section.
| 6 |
| (1) Class IA Wetlands:
| 7 |
| (A) A permit to conduct a regulated activity | 8 |
| affecting a Class IA
wetland within the scope of this | 9 |
| Act shall be granted if documentation is
submitted that | 10 |
| demonstrates that complete avoidance of impacts to the | 11 |
| Class
IA wetland precludes all economic use of the | 12 |
| entire parcel and that no
practicable alternative to | 13 |
| wetland modification exists.
| 14 |
| Based upon a review of the submitted documentation | 15 |
| and any other
available resources, the Department | 16 |
| shall make a determination as
to whether the proposed | 17 |
| modification represents the least amount of
wetland | 18 |
| impact required to restore an economic use to the | 19 |
| upland portion
of the parcel.
| 20 |
| Wetland losses shall be mitigated at a ratio of | 21 |
| 4.5:1 and
shall be mitigated in kind and within the | 22 |
| same watershed as the impacted
area restoring, to the | 23 |
| maximum degree practicable as determined by the
| 24 |
| Department, both the type and functions of the wetland | 25 |
| that will be
affected by the regulatory activity.
| 26 |
| The Director, for good cause shown and on a | 27 |
| case-by-case basis, may
authorize an upward or | 28 |
| downward departure from the mitigation ratio otherwise
| 29 |
| required under this subdivision (d)(1), but for a Class | 30 |
| IA wetland the Director
shall require a mitigation | 31 |
| ration of at least 4:1 and shall not require a
| 32 |
| mitigation ratio greater than 5:1.
| 33 |
| (B) No permit under this subdivision (d)(1) may be | 34 |
| issued by the
Department without a public notice and a | 35 |
| public hearing.
| 36 |
| (2) Class IB Wetlands:
|
|
|
|
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|
| 1 |
| (A) A permit to conduct a regulated activity | 2 |
| affecting a Class IB
wetland within the scope of this | 3 |
| Act shall be granted if documentation is
submitted that | 4 |
| demonstrates that no practicable alternative to | 5 |
| wetland
modification exists.
| 6 |
| Based upon a review of the submitted documentation | 7 |
| and any other
available resources, the Department | 8 |
| shall make a determination as
to whether the proposed | 9 |
| modification constitutes the least amount of
wetland | 10 |
| impact practicable and whether a permit should be | 11 |
| granted.
| 12 |
| Wetland losses shall be mitigated at a ratio of 3:1 | 13 |
| and shall
be mitigated in kind and within the same | 14 |
| watershed as the impacted area,
restoring both the type | 15 |
| and functions of the wetlands that will be affected
by | 16 |
| the regulated activity.
| 17 |
| The Director, for good cause shown and on a | 18 |
| case-by-case basis, may
authorize an upward or | 19 |
| downward departure from the mitigation ratio otherwise
| 20 |
| required under this subdivision (d)(2), but for a Class | 21 |
| IB wetland the Director
shall require a mitigation | 22 |
| ration of at least 2.5:1 and shall not require a
| 23 |
| mitigation ratio greater than 3.5:1.
| 24 |
| (B) No permit under this subdivision (d)(2) may be | 25 |
| issued by the
Department without a public notice and | 26 |
| opportunity for public hearing
being afforded. The | 27 |
| Department shall hold a public hearing concerning a
| 28 |
| permit application if the proposed activity may have a | 29 |
| significant impact upon
wetland resources or if the | 30 |
| Department determines that a public hearing
is | 31 |
| otherwise appropriate.
| 32 |
| (3) Class II Wetlands:
| 33 |
| (A) A permit to conduct a regulated activity | 34 |
| affecting a Class II
wetland within the scope of this | 35 |
| Act shall be granted if documentation is
submitted | 36 |
| demonstrating that no reasonable alternative to |
|
|
|
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|
| 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 | 9 |
| 1.5:1 and shall
be mitigated in kind and within the | 10 |
| same watershed as the impacted area,
restoring both the | 11 |
| type and functions of the wetland that will be affected
| 12 |
| by the regulated activity.
| 13 |
| (B) No permit under this subdivision (d)(3) may be | 14 |
| issued by the
Department without a public notice and | 15 |
| opportunity for public hearing being
afforded. The | 16 |
| Department shall hold a public hearing concerning a
| 17 |
| permit application if the proposed activity may have a | 18 |
| significant impact
upon wetland resources or if the | 19 |
| Department determines that a
public hearing is | 20 |
| otherwise appropriate.
| 21 |
| (4) Class III Wetlands:
| 22 |
| (A) No regulated activity covered under this Act | 23 |
| that will
impact an area that has been classified as a | 24 |
| Class III wetland may be
undertaken without prior | 25 |
| notification to the Department.
| 26 |
| (B) Such notification shall include (1) a sketch | 27 |
| that reasonably
depicts the area that will be affected | 28 |
| by the regulated activity, including
wetland and water | 29 |
| boundaries for the areas affected and the existing land
| 30 |
| uses and structures; (2) a description of the proposed | 31 |
| activity, including its
purpose; (3) a description of | 32 |
| any public benefit to be derived from the
proposed | 33 |
| project; and (4) the names and addresses of adjacent | 34 |
| landowners
as determined by the current tax assessment | 35 |
| rolls.
| 36 |
| (C) Upon receipt of a notification of intent, the |
|
|
|
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|
| 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, | 35 |
| roads, sewers and water supply, parking lots, stormwater | 36 |
| facilities,
discharge of pollutants, and onsite waste |
|
|
|
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|
| 1 |
| disposal; (3) a description of any
public benefit to be derived | 2 |
| from the proposed project; and (4) the names and
addresses of | 3 |
| adjacent landowners as determined by the current tax assessment
| 4 |
| rolls. The Department application forms shall be finalized and | 5 |
| made
available prior to the date on which any application is | 6 |
| required. The
Department shall provide notice to the applicant | 7 |
| as to whether a submitted
application is complete. Unless the | 8 |
| Department notifies the applicant
that the application is | 9 |
| incomplete within 20 days of receipt of the
application, the | 10 |
| application shall be deemed complete. The Department
may | 11 |
| request additional information as needed to make the | 12 |
| completeness
determination. The Department may, to the extent | 13 |
| practicable, provide
the applicant with a reasonable | 14 |
| opportunity to correct deficiencies prior to
a final | 15 |
| determination of completeness. Within 90 days from the receipt | 16 |
| of a
complete application for permit, the Department shall | 17 |
| either issue or
deny the permit or issue it with conditions. If | 18 |
| a public hearing is held on
the application, however, this | 19 |
| period shall be extended by 45 days.
| 20 |
| (f) The Department shall not issue a permit pursuant to | 21 |
| this
Section unless the Agency has certified that the proposed | 22 |
| activity will not
cause or contribute to a violation of any | 23 |
| State water quality standard. The
Agency will be deemed to have | 24 |
| certified that the proposed activity will not
cause or | 25 |
| contribute to a violation of any State water quality standard | 26 |
| if it
has not declined in writing to so certify within 80 days | 27 |
| of the filing of the
application unless the Agency has | 28 |
| requested that the applicant supply more
information relevant | 29 |
| to assessing the water quality impacts of the proposed
| 30 |
| activity. If a public hearing is held on the application, | 31 |
| however, this period
shall be extended by 45 days.
| 32 |
| (g) A person may submit concurrent requests for (i) | 33 |
| determination and
delineation, (ii) classification, and (iii) | 34 |
| issuance of a permit or
notification. The Department shall act | 35 |
| on such combined requests
concurrently in accordance with | 36 |
| expedited permitting procedures adopted by
the Department.
|
|
|
|
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LRB094 11594 JAM 42647 b |
|
| 1 |
| (h) Any person may submit an application for an | 2 |
| after-the-fact permit
to be issued under this Act, and the | 3 |
| Department is authorized to issue such
an after-the-fact permit | 4 |
| if it determines that the activities covered by the
| 5 |
| after-the-fact permit application were undertaken and | 6 |
| conducted in response
to emergency circumstances where there | 7 |
| may be an imminent threat to persons,
public infrastructure, | 8 |
| personal property, or uninterrupted utility
service that made | 9 |
| it impracticable for the applicant to obtain prior
| 10 |
| authorization under this Act to undertake and conduct such | 11 |
| activities.
The applicant shall be required to demonstrate that | 12 |
| it provided notice to
the Department of the emergency | 13 |
| circumstances as soon as reasonably possible
following the | 14 |
| discovery of such circumstances.
| 15 |
| (i) The Department shall adopt rules to carry out the | 16 |
| provisions of this
Section in accordance with Section 45 of | 17 |
| this Act.
| 18 |
| Section 35. Surety. The Department may provide by rule for | 19 |
| any
requirements regarding bonds or letters of credit in favor | 20 |
| of the State,
including conditions sufficient to secure | 21 |
| compliance with conditions and
limitations of a permit.
| 22 |
| Section 40. General permits.
| 23 |
| (a) Notwithstanding Section 30, any person who intends to | 24 |
| conduct a
regulated activity within the State may do so in | 25 |
| accordance with a general
permit issued by the Department under | 26 |
| this Section.
| 27 |
| (b) Permits for all categories of activities, subject to | 28 |
| the same permit
limitations and conditions, that are the | 29 |
| subject of a nationwide permit issued
by the Corps of Engineers | 30 |
| in effect on the date of the enactment of this Act,
are adopted | 31 |
| as general permits covering regulated activities subject to | 32 |
| this
Act.
| 33 |
| (c) The Department may adopt general permits covering other
| 34 |
| activities that would be subject to the same permit limitations |
|
|
|
HB3876 |
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LRB094 11594 JAM 42647 b |
|
| 1 |
| and conditions,
if it determines that the activities in such | 2 |
| category will cause only minimal
adverse environmental effects | 3 |
| when performed separately, will have only minimal
cumulative | 4 |
| adverse effect on the environment, will not cause or contribute
| 5 |
| to a violation of State water quality standards when performed | 6 |
| separately,
and will have only a minimal cumulative adverse | 7 |
| effect on water quality.
The Department may prescribe best | 8 |
| management practices for any general permit
issued under this | 9 |
| Section. The Department shall consider any optional
mitigation | 10 |
| proposed by an applicant in determining whether the net adverse
| 11 |
| environmental effects of a proposed regulated activity are | 12 |
| minimal.
| 13 |
| Specifically, the Department must adopt general permits | 14 |
| for each of the
following:
| 15 |
| (1) The construction or maintenance of access roads for | 16 |
| utility lines,
substations or related equipment or | 17 |
| facilities.
| 18 |
| (2) Activities for the purpose of preserving and | 19 |
| enhancing
aviation safety or to prevent an airport hazard.
| 20 |
| (d) No general permit adopted under this Section shall be | 21 |
| for a period of
more than 5 years after the date of its | 22 |
| issuance. A general permit may be
revoked or modified by the | 23 |
| Department if, after opportunity for public
hearing, the | 24 |
| Department determines that the activities authorized by the
| 25 |
| general permit have an adverse impact on the environment, cause | 26 |
| or contribute
to a violation of State water quality standards, | 27 |
| or are more appropriately
authorized by individual permits.
| 28 |
| (e) Compliance with the terms of a general permit shall be | 29 |
| deemed
compliance with the provisions of this Act if the | 30 |
| applicant (i) files a
notice of intent to be covered under the | 31 |
| provisions of the general permit in
accordance with regulations | 32 |
| adopted pursuant to this Act and (ii) files any
reports | 33 |
| required by the general permit.
| 34 |
| (f) The Department shall respond to a notice of intent to | 35 |
| proceed
under a general permit issued under this Section within | 36 |
| 30 days after the
Department receives the notice. In the event |
|
|
|
HB3876 |
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LRB094 11594 JAM 42647 b |
|
| 1 |
| that the Department
fails to respond to a notice of intent to | 2 |
| proceed within 30 days as required
by this subsection (f), the | 3 |
| person submitting the notice shall be deemed fully
authorized | 4 |
| to conduct the activities described in the notice under the | 5 |
| terms
and conditions of the applicable general permit.
| 6 |
| Section 45. Wetlands Advisory Committee; duties; rules
| 7 |
| (a) There is hereby established a Wetlands Advisory | 8 |
| Committee, which shall
consist of 17 members appointed by the | 9 |
| Governor and 2 non-voting members.
| 10 |
| The Committee shall include 5 members representing the | 11 |
| interests of
business, industry, real estate, and agriculture.
| 12 |
| The Committee shall include 5 members selected from the | 13 |
| membership of
environmental and conservation groups in the | 14 |
| State.
| 15 |
| The Committee shall include 2 members representing | 16 |
| counties exercising
authority under Section 5-1062 or 5-1062.1 | 17 |
| of the Counties Code to
establish stormwater management | 18 |
| programs.
| 19 |
| The Committee shall include one member representing | 20 |
| municipalities.
| 21 |
| The Committee shall include one member representing | 22 |
| building trades unions.
| 23 |
| The Committee shall include 3 other members as determined | 24 |
| by the Governor.
| 25 |
| The Director of Natural Resources, or his or her designee, | 26 |
| and the Director
of the Illinois Environmental Protection | 27 |
| Agency, or his or her designee, shall
be non-voting members of | 28 |
| the Committee.
| 29 |
| The Committee shall biannually elect from its membership a | 30 |
| Chair, who shall
not be an employee of the Illinois | 31 |
| Environmental Protection Agency or the
Illinois Department of | 32 |
| Natural Resources.
| 33 |
| Members of the Advisory Committee may organize themselves | 34 |
| as they deem
necessary and shall serve without compensation.
| 35 |
| The Department shall provide reasonable and necessary |
|
|
|
HB3876 |
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LRB094 11594 JAM 42647 b |
|
| 1 |
| staff support to the
Committee.
| 2 |
| (b) Within 120 days after the effective date of this Act, | 3 |
| the
Committee shall recommend rules to the Department. From | 4 |
| time to time
the Committee shall review, evaluate, and make | 5 |
| recommendations (i)
regarding State laws, rules, and | 6 |
| procedures that relate to this Act and
(ii) relating to the | 7 |
| State's efforts to implement this Act.
| 8 |
| (c) Within 6 months after the effective date of this Act, | 9 |
| the Department,
after consideration of the recommendations of | 10 |
| the Committee (or if the
Committee for any reason has not made | 11 |
| recommendations, the Department itself),
shall adopt any rules | 12 |
| required by this Act prescribing procedures and standards
for | 13 |
| its administration. Nothing in this Act shall preclude, at any | 14 |
| time, the
recommendation, proposal, or adoption of any other | 15 |
| rules deemed necessary for
the orderly implementation of this | 16 |
| Act.
| 17 |
| (d) The Committee shall develop a plan for statewide | 18 |
| wetlands protection
and shall submit such plan to the | 19 |
| Department. The Department may seek to
obtain a delegation of | 20 |
| COE authority under Section 404 of the federal Clean
Water Act | 21 |
| for all wetlands in Illinois on or before July 1, 2008 in | 22 |
| accordance
with Section 25 of this Act.
| 23 |
| (e) The Committee shall assist counties having stormwater | 24 |
| management
authority under Section 5-1062 or 5-1062.1 of the | 25 |
| Counties Code in coordinating
and unifying stormwater | 26 |
| management regulations adopted thereto, as required in
Section | 27 |
| 65(f) of this Act.
| 28 |
| Section 50. Appeal of final Department decision; judicial | 29 |
| review.
| 30 |
| (a) Any permit applicant who has been denied a permit in | 31 |
| whole or in part,
and any person who participated in the permit | 32 |
| proceeding and who is aggrieved
by a decision of the Department | 33 |
| to grant a permit in whole or in part,
may appeal the decision | 34 |
| to the Director within 35 days of the permit grant
or denial. | 35 |
| However, the 35-day period for appealing to the Director may be
|
|
|
|
HB3876 |
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LRB094 11594 JAM 42647 b |
|
| 1 |
| extended by the applicant for a period of time not to exceed 90 | 2 |
| days by written
notice provided to the Director. In all such | 3 |
| appeals, the burden of persuasion
shall be on the party | 4 |
| appealing the Department's decision.
| 5 |
| (b) A person aggrieved by a final decision made pursuant to | 6 |
| this Act may
seek judicial review of the decision pursuant to | 7 |
| the Administrative Review Law.
| 8 |
| Section 55. Investigation; enforcement.
| 9 |
| (a) In accordance with constitutional limitations, the | 10 |
| Department
shall have authority to enter at all reasonable | 11 |
| times upon any private or
public property for the purpose of | 12 |
| inspecting and investigating to ascertain
possible violations | 13 |
| of this Act or of rules adopted hereunder, or of permits
or | 14 |
| terms or conditions thereof.
| 15 |
| (b) The civil penalties provided for in this Section may be | 16 |
| recovered in a
civil action which may be instituted in a court | 17 |
| of competent jurisdiction. The
State's Attorney of the county | 18 |
| in which the alleged violation occurred, or the
Attorney | 19 |
| General, may, at the request of the Department or on his or her
| 20 |
| own motion, institute a civil action in a court of competent | 21 |
| jurisdiction to
recover civil penalties and to obtain an | 22 |
| injunction to restrain violations of
the Act.
| 23 |
| (c) Any person who violates any provision of this Act or | 24 |
| any rule adopted
hereunder, or any permit or term or condition | 25 |
| thereof, shall be liable for a
civil penalty of not to exceed | 26 |
| $10,000 per day of violation; such penalties
may be made | 27 |
| payable to the Wetlands Protection Fund and shall be deposited
| 28 |
| into that Fund as provided in subsection (j). In determining | 29 |
| the
appropriate civil penalty to be imposed under this Section, | 30 |
| the Court is
authorized to consider any matters of record in | 31 |
| mitigation or aggravation of
penalty, including but not limited | 32 |
| to the following factors:
| 33 |
| (1) The duration and gravity of the violation.
| 34 |
| (2) The presence or absence of due diligence on the | 35 |
| part of the violator
in attempting to comply with |
|
|
|
HB3876 |
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LRB094 11594 JAM 42647 b |
|
| 1 |
| requirements of this Act and rules adopted
hereunder or to | 2 |
| secure relief therefrom as provided by this Act.
| 3 |
| (3) Any economic benefits accrued by the violator | 4 |
| through the
violation.
| 5 |
| (4) The amount of monetary penalty which will serve to | 6 |
| deter further
violations by the violator and to otherwise | 7 |
| aid in enhancing voluntary
compliance with this Act by the | 8 |
| violator and other persons similarly
subject to this Act.
| 9 |
| (5) The number, proximity in time, and gravity of | 10 |
| previously
adjudicated violations of this Act by the | 11 |
| violator.
| 12 |
| (d) Any violation of any provision of this Act or any rule | 13 |
| adopted
hereunder, or any permit or term or condition thereof, | 14 |
| shall not be deemed
a criminal offense.
| 15 |
| (e) All final orders imposing civil penalties pursuant to | 16 |
| this Section
shall prescribe the time for payment of such | 17 |
| penalties. If any such penalty is
not paid within the time | 18 |
| prescribed, interest on such penalty at the rate set
forth in | 19 |
| subsection (a) of Section 1003 of the Illinois Income Tax Act | 20 |
| shall
be paid for the period from the date payment is due until | 21 |
| the date payment is
received. However, if the time for payment | 22 |
| is stayed during the pendency of
an appeal, interest shall not | 23 |
| accrue during such stay.
| 24 |
| (f) The Department may terminate a permit if the holder | 25 |
| substantially
violates any condition of the permit, obtains a | 26 |
| permit by misrepresentation, or
fails to disclose relevant | 27 |
| facts.
| 28 |
| (g) The Attorney General, or the State's Attorney of the | 29 |
| county where the
affected wetland is located, may, upon his or | 30 |
| her own motion or upon request
of the Department, institute a | 31 |
| civil action in circuit court for an
injunction or other | 32 |
| appropriate legal action to restrain a violation of this
Act or | 33 |
| of any rule adopted under this Act. In the proceeding the court | 34 |
| shall
determine whether a violation has been committed or is | 35 |
| likely to occur, and
shall enter any order it considers | 36 |
| necessary to remove the effects of the
violation and to prevent |
|
|
|
HB3876 |
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|
| 1 |
| the violation from occurring, continuing, or being
renewed in | 2 |
| the future. An order may include a requirement that the | 3 |
| violator
restore the affected wetland area, including a | 4 |
| provision that, if the violator
does not comply by restoring | 5 |
| the wetland within a reasonable time, the Department may | 6 |
| restore the wetland to its condition prior to the violation and
| 7 |
| the violator shall be liable to the Department for the cost of
| 8 |
| restoration.
| 9 |
| (h) Any penalty assessed pursuant to this Act, including | 10 |
| costs of wetland
restoration and any restoration requirement, | 11 |
| shall be recorded by the clerk of
the court as a lien against | 12 |
| the land and shall not be removed until the penalty
is paid or | 13 |
| the restoration is completed.
| 14 |
| (i) All costs, fees, and expenses in connection with an | 15 |
| enforcement or
restoration action shall be assessed as damages | 16 |
| against the violator.
| 17 |
| (j) All penalties collected under this Section shall be | 18 |
| deposited into the
Wetlands Protection Fund.
| 19 |
| (k) Enforcement actions under this Section may be | 20 |
| concurrent or separate.
| 21 |
| Section 60. Fees.
| 22 |
| (a) Within 90 days after the effective date of this Act the | 23 |
| Department
shall propose to the Illinois Pollution Control | 24 |
| Board, and within 6 months of
receiving that proposal the Board | 25 |
| shall adopt by rule:
| 26 |
| (1) a minimal processing fee for notification | 27 |
| regarding Class III
Wetlands and for processing a notice of | 28 |
| intent to proceed under a general
permit; and
| 29 |
| (2) a schedule of permit fees for single regulated | 30 |
| activities in Class
IA, Class IB, and Class II wetlands.
| 31 |
| (b) These fees shall be set at levels that allow the | 32 |
| wetlands program
to operate financially on a self-sustaining | 33 |
| basis. The Department shall
annually review the fees to | 34 |
| determine whether the wetlands program is
operating | 35 |
| financially on a self-sustaining basis, and it may propose any
|
|
|
|
HB3876 |
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LRB094 11594 JAM 42647 b |
|
| 1 |
| necessary changes in the fees to the Illinois Pollution Control | 2 |
| Board.
| 3 |
| Section 65. 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 | 34 |
| the period that the Department is
considering a county's | 35 |
| request under subsection (b), but the requirements
of this Act |
|
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| do apply until the county has requested recognition under
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| subsection (b), unless the county has received immediate | 3 |
| recognition
under subsection (b-5) of this Section.
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| (d) The Director may rescind recognition status in the | 5 |
| event that the
governmental body with a stormwater management | 6 |
| program under Section
5-1062 of the Counties Code no longer | 7 |
| meets the provisions of subdivisions
(b)(1) and (b)(2) of this | 8 |
| Section.
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| (e) A governmental body with a stormwater management | 10 |
| program under Section
5-1062 of the Counties Code that has | 11 |
| obtained recognition by the Director under
subsection (b) of | 12 |
| this Section shall submit an annual report to the Director.
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| (f) Counties having authority under Section 5-1062 of the
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| Counties Code to adopt a stormwater management program shall | 15 |
| seek with the
assistance of the Northeastern Illinois Planning | 16 |
| Commission to coordinate and
unify regulations adopted | 17 |
| pursuant thereto.
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| (g) Nothing in this Act shall be construed as a limitation | 19 |
| or preemption
of any home rule power.
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| Section 70. Wetlands Protection Fund. All fees and | 21 |
| penalties collected by
the Department pursuant to this Act | 22 |
| shall be deposited into the Wetlands
Protection Fund, which is | 23 |
| hereby created as a special fund in the State
Treasury. In | 24 |
| addition to any moneys that may be appropriated from the | 25 |
| General
Revenue Fund, the Illinois General Assembly shall | 26 |
| appropriate moneys in the
Wetlands Protection Fund to the | 27 |
| Department in amounts deemed necessary
to implement this Act.
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| Section 95. The State Finance Act is amended by adding | 29 |
| Section 5.640 as
follows:
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| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Wetlands Protection Fund.
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| Section 97. Severability. The provisions of this Act are |
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LRB094 11594 JAM 42647 b |
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| severable under Section 1.31 of the Statute on Statutes.
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