Full Text of SB2509 101st General Assembly
SB2509 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2509 Introduced 1/28/2020, by Sen. Paul Schimpf SYNOPSIS AS INTRODUCED: |
| 70 ILCS 1801/90 | | 70 ILCS 1805/39 new | | 70 ILCS 1807/90 | | 70 ILCS 1810/11 | from Ch. 19, par. 162 | 70 ILCS 1815/29 | from Ch. 19, par. 829 | 70 ILCS 1820/14 | from Ch. 19, par. 864 | 70 ILCS 1825/13 | from Ch. 19, par. 263 | 70 ILCS 1830/30 | from Ch. 19, par. 530 | 70 ILCS 1831/90 | | 70 ILCS 1832/90 | | 70 ILCS 1835/18 | from Ch. 19, par. 718 | 70 ILCS 1837/90 | | 70 ILCS 1845/14 | from Ch. 19, par. 364 | 70 ILCS 1850/14 | from Ch. 19, par. 414 | 70 ILCS 1855/17 | from Ch. 19, par. 467 | 70 ILCS 1860/14 | from Ch. 19, par. 297 | 70 ILCS 1863/20 | | 70 ILCS 1865/14 | from Ch. 19, par. 192 | 70 ILCS 1870/39 new | |
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Amends 19 Acts relating to port districts. Provides that if a port district has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the port district shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the port district paid when the permit was issued to have the permit reissued.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Alexander-Cairo Port District Act is amended | 5 | | by changing Section 90 as follows: | 6 | | (70 ILCS 1801/90)
| 7 | | Sec. 90. Permits. | 8 | | (a) It is unlawful to make any fill or deposit of rock, | 9 | | earth, sand, or other material, or any refuse matter of any | 10 | | kind or description, or build or commence the building of any | 11 | | wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, | 12 | | bridge, or other structure over, under, or within 40 feet of | 13 | | any navigable waters within the Port District without first | 14 | | submitting the plans, profiles, and specifications therefor, | 15 | | and other data and information as may be required, to the Port | 16 | | District and receiving a permit. Any person, corporation, | 17 | | company, municipality, or other agency, that does any of the | 18 | | things prohibited in this Section, without securing a permit as | 19 | | provided in this Section, shall be guilty of a Class A | 20 | | misdemeanor; provided, however, that no such permit shall be | 21 | | required in the case of any project for which a permit shall | 22 | | have been secured from a proper governmental agency prior to | 23 | | the creation of the Port District nor shall any such permit be |
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| 1 | | required in the case of any project to be undertaken by any | 2 | | city, village, or incorporated town in the District, or any | 3 | | combination thereof, for which a permit is required from a | 4 | | governmental agency other than the District before the | 5 | | municipality can proceed with such project. And in such event, | 6 | | such municipalities, or any of them, shall give at least 10 | 7 | | days' notice to the District of the application for a permit | 8 | | for any such project from a governmental agency other than the | 9 | | District so that the District may be present and represent its | 10 | | position relative to the application before the other | 11 | | governmental agency. Any structure, fill, or deposit erected or | 12 | | made in any of the public bodies of water within the Port | 13 | | District, in violation of the provisions of this Section, is a | 14 | | purpresture and may be abated as such at the expense of the | 15 | | person, corporation, company, municipality, or other agency | 16 | | responsible. If in the discretion of the Port District it is | 17 | | decided that the structure, fill, or deposit may remain, the | 18 | | Port District may fix any rule, regulation, requirement, | 19 | | restrictions, or rentals or require and compel any changes, | 20 | | modifications, and repairs as shall be necessary to protect the | 21 | | interest of the Port District. | 22 | | (b) Notwithstanding any other provision of law, if the | 23 | | District has obtained a permit granted by the State and did not | 24 | | perform the activity that was allowed by the permit, the | 25 | | District shall pay, in the 12 months next following the month | 26 | | the permit expired, no more than half of the permit fee the |
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| 1 | | District paid when the permit was issued to have the permit | 2 | | reissued.
| 3 | | (Source: P.A. 96-1015, eff. 7-8-10.) | 4 | | Section 10. The Havana Regional Port District Act is | 5 | | amended by adding Section 39 as follows: | 6 | | (70 ILCS 1805/39 new) | 7 | | Sec. 39. State permit fees. Notwithstanding any other | 8 | | provision of law, if the District has obtained a permit granted | 9 | | by the State and did not perform the activity that was allowed | 10 | | by the permit, the District shall pay, in the 12 months next | 11 | | following the month the permit expired, no more than half of | 12 | | the permit fee the District paid when the permit was issued to | 13 | | have the permit reissued. | 14 | | Section 15. The Heart of Illinois Regional Port District | 15 | | Act is amended by changing Section 90 as follows:
| 16 | | (70 ILCS 1807/90)
| 17 | | Sec. 90. Permits. | 18 | | (a) It shall be unlawful to make any fill or deposit of
| 19 | | rock,
earth, sand, or other material, or any refuse matter of | 20 | | any kind or
description, or build or
commence the building of | 21 | | any wharf, pier, dolphin, boom, weir, breakwater,
bulkhead,
| 22 | | jetty, bridge, or other structure over, under, in, or within 40 |
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| 1 | | feet of any
navigable
waters within the district without first | 2 | | submitting the plans, profiles, and
specifications
for it, and | 3 | | any other data and information that may be required, to the
| 4 | | district and
receiving a permit. Any person, corporation,
| 5 | | company, city or municipality, or other
agency that does any of | 6 | | the things prohibited in this Section without securing
a permit | 7 | | is
guilty of a Class A misdemeanor. Any structure, fill, or | 8 | | deposit erected or
made in any
of the public bodies of water | 9 | | within the district in violation of the
provisions of this
| 10 | | Section is declared to be a purpresture and may be abated as | 11 | | such at the
expense of
the person, corporation, company, city, | 12 | | municipality, or other agency
responsible for it.
If in the | 13 | | discretion of the district it is decided that the structure, | 14 | | fill, or
deposit may
remain, the district may fix any rule, | 15 | | regulation, requirement, restrictions,
or rentals or
require | 16 | | and compel any changes, modifications, and repairs that shall | 17 | | be
necessary to
protect the interest of the district.
| 18 | | (b) Notwithstanding any other provision of law, if the | 19 | | district has obtained a permit granted by the State and did not | 20 | | perform the activity that was allowed by the permit, the | 21 | | district shall pay, in the 12 months next following the month | 22 | | the permit expired, no more than half of the permit fee the | 23 | | district paid when the permit was issued to have the permit | 24 | | reissued. | 25 | | (Source: P.A. 93-262, eff. 7-22-03.)
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| 1 | | Section 20. The Illinois International Port District Act is | 2 | | amended by changing Section 11 as follows:
| 3 | | (70 ILCS 1810/11) (from Ch. 19, par. 162)
| 4 | | Sec. 11.
(a) It shall be unlawful to make any fill or | 5 | | deposit of rock, earth,
sand, or other material, or any refuse | 6 | | matter of any kind or description,
or build or commence the | 7 | | building of any wharf, pier, dolphin, boom, weir,
breakwater, | 8 | | bulkhead, jetty, bridge, or other structure over, under, in, or
| 9 | | within forty (40) feet of any navigable waters within the said | 10 | | Port
District without first submitting the plans, profiles, and | 11 | | specifications
therefor, and such other data and information as | 12 | | may be required, to the
Port District and receiving a permit | 13 | | therefor; and any person, corporation,
company, city or | 14 | | municipality or other agency, which shall do any of the
things | 15 | | above prohibited, without securing a permit therefor as above
| 16 | | provided, shall be guilty of a Class A misdemeanor. Any | 17 | | structure, fill or
deposit erected or made in any of the public | 18 | | bodies of water within the
Port District, in violation of the | 19 | | provisions of this section, is hereby
declared to be | 20 | | purpresture and may be abated as such at the expense of the
| 21 | | person, corporation, company, city, municipality or other | 22 | | agency
responsible therefor, or if, in the discretion of said | 23 | | Port District it be
decided that said structure, fill or | 24 | | deposit may remain, the Port District
may fix such rule, | 25 | | regulation, requirement, restrictions, or rentals or
require |
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| 1 | | and compel such changes, modifications and repairs as shall be
| 2 | | necessary to protect the interest of the Port District.
| 3 | | (b) Notwithstanding any other provision of law, if the | 4 | | District has obtained a permit granted by the State and did not | 5 | | perform the activity that was allowed by the permit, the | 6 | | District shall pay, in the 12 months next following the month | 7 | | the permit expired, no more than half of the permit fee the | 8 | | District paid when the permit was issued to have the permit | 9 | | reissued. | 10 | | (Source: P.A. 77-2331.)
| 11 | | Section 25. The Illinois Valley Regional Port District Act | 12 | | is amended by changing Section 29 as follows:
| 13 | | (70 ILCS 1815/29) (from Ch. 19, par. 829)
| 14 | | Sec. 29.
(a) It is not lawful to make any fill or deposit | 15 | | of rock, earth, sand, or
other material, or any refuse matter | 16 | | of any kind or description, or build
or commence the building | 17 | | of any wharf, pier, dolphin boom, weir,
breakwater, bulkhead, | 18 | | jetty, bridge, or other structure over, under, in or
within 40 | 19 | | feet of any navigable waters within the Port District without
| 20 | | first submitting the plans, profiles, and specifications | 21 | | therefor and such
other data and information as may be | 22 | | required, to the Port District and
receiving a permit therefor. | 23 | | Any person, corporation, company, city or
municipality or other | 24 | | agency, which shall do any of the things prohibited
by this |
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| 1 | | Section, without securing a permit shall be guilty of a Class A
| 2 | | misdemeanor. Any structure, fill or deposit erected or made in | 3 | | any public
body of water within the Port District, in violation | 4 | | of this Section, is
declared to be a purpresture and may be | 5 | | abated as such at the expense of
the person, corporation, | 6 | | company, city, municipality or other agency
responsible | 7 | | therefor, or if the Port District decides that such structure,
| 8 | | fill or deposit may remain, the Port District may fix such | 9 | | rule,
regulation, requirement, restrictions or rentals, or | 10 | | require and compel all
changes, modifications and repairs which | 11 | | are deemed necessary to protect
the interest of the Port | 12 | | District.
| 13 | | (b) Notwithstanding any other provision of law, if the | 14 | | District has obtained a permit granted by the State and did not | 15 | | perform the activity that was allowed by the permit, the | 16 | | District shall pay, in the 12 months next following the month | 17 | | the permit expired, no more than half of the permit fee the | 18 | | District paid when the permit was issued to have the permit | 19 | | reissued. | 20 | | (Source: P.A. 77-2830 .)
| 21 | | Section 30. The Jackson-Union Counties Regional Port | 22 | | District Act is amended by changing Section 14 as follows:
| 23 | | (70 ILCS 1820/14) (from Ch. 19, par. 864)
| 24 | | Sec. 14.
(a) It is unlawful to make any fill or deposit of |
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| 1 | | rock, earth,
sand, or other material, or any refuse matter of | 2 | | any kind or description,
or build or commence the building of | 3 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 4 | | jetty, bridge, or other structure over, under, or
within 40 | 5 | | feet of any navigable waters within the Port District without
| 6 | | first submitting the plans, profiles, and specifications | 7 | | therefor, and
such other data and information as may be | 8 | | required, to the Port District
and receiving a permit therefor; | 9 | | and any person, corporation, company,
city or municipality or | 10 | | other agency, which shall do any of the things
above | 11 | | prohibited, without securing a permit therefor as above | 12 | | provided, shall
be guilty of a Class A misdemeanor; provided, | 13 | | however, that no such permit
shall be required in the case of | 14 | | any project for which a permit shall have been
secured from a | 15 | | proper governmental agency prior to the creation of the Port
| 16 | | District nor shall any such permit be required in the case of | 17 | | any project
to be undertaken by any city, village or | 18 | | incorporated town in the District,
or any combination thereof, | 19 | | for which a permit is required from a governmental
agency other | 20 | | than the District before the municipality can proceed with such
| 21 | | project. And in such event, such municipalities, or any of | 22 | | them, shall give
at least 10 days' notice to the District of | 23 | | the application for a permit for
any such project from a | 24 | | governmental agency other than the District so that
the | 25 | | District may be present and represent its position relative to | 26 | | such
application before such other governmental agency. Any |
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| 1 | | structure, fill or
deposit erected or made in any of the public | 2 | | bodies of water within the
Port District, in violation of the | 3 | | provisions of this Section, is a purpresture
and may be abated | 4 | | as such at the expense of the person, corporation, company,
| 5 | | municipality or other agency responsible therefore, or if, in | 6 | | the discretion
of the Port District, it is decided that such | 7 | | structure, fill or deposit
may remain, the Port District may | 8 | | fix such rule, regulation, requirement,
restrictions, or | 9 | | rentals or require and compel such changes, modifications
and | 10 | | repairs as shall be necessary to protect the interest of the | 11 | | Port District. | 12 | | (b) Notwithstanding any other provision of law, if the | 13 | | District has obtained a permit granted by the State and did not | 14 | | perform the activity that was allowed by the permit, the | 15 | | District shall pay, in the 12 months next following the month | 16 | | the permit expired, no more than half of the permit fee the | 17 | | District paid when the permit was issued to have the permit | 18 | | reissued.
| 19 | | (Source: P.A. 79-1475.)
| 20 | | Section 35. The Joliet Regional Port District Act is | 21 | | amended by changing Section 13 as follows:
| 22 | | (70 ILCS 1825/13) (from Ch. 19, par. 263)
| 23 | | Sec. 13.
(a) It is unlawful to make any fill or deposit of | 24 | | rock, earth, sand,
or other material, or any refuse matter of |
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| 1 | | any kind or description, or
build or commence the building of | 2 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 3 | | jetty, bridge, or other structure over, under, or
within 50 | 4 | | feet of any navigable waters within the Port District without
| 5 | | first submitting the plans, profiles, and specifications | 6 | | therefor, and such
other data and information as may be | 7 | | required, to the Port District and
receiving a permit therefor; | 8 | | and any person, corporation, company, city or
municipality or | 9 | | other agency, which shall do any of the things above
| 10 | | prohibited, without securing a permit therefor as above | 11 | | provided, shall be
guilty of a Class A misdemeanor; provided, | 12 | | however, that no such permit
shall be required in the case of | 13 | | any project for which a permit shall have
been secured from a | 14 | | proper governmental agency prior to the erection of the
Port | 15 | | District. Any structure, fill or deposit erected or made in any | 16 | | of the
public bodies of water within the Port District, in | 17 | | violation of the
provisions of this section, is a purpresture | 18 | | and may be abated as such at
the expense of the person, | 19 | | corporation, company, city, municipality or
other agency | 20 | | responsible therefor, or if, in the discretion of the Port
| 21 | | District, it is decided that said structure, fill or deposit | 22 | | may remain,
the Port District may fix such rule, regulation, | 23 | | requirement, restrictions,
or rentals or require and compel | 24 | | such changes, modifications and repairs as
shall be necessary | 25 | | to protect the interest of the Port District.
| 26 | | (b) Notwithstanding any other provision of law, if the |
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| 1 | | District has obtained a permit granted by the State and did not | 2 | | perform the activity that was allowed by the permit, the | 3 | | District shall pay, in the 12 months next following the month | 4 | | the permit expired, no more than half of the permit fee the | 5 | | District paid when the permit was issued to have the permit | 6 | | reissued. | 7 | | (Source: P.A. 77-2333.)
| 8 | | Section 40. The Kaskaskia Regional Port District Act is | 9 | | amended by changing Section 30 as follows:
| 10 | | (70 ILCS 1830/30) (from Ch. 19, par. 530)
| 11 | | Sec. 30.
(a) It is not lawful to make any fill or deposit | 12 | | of rock, earth, sand,
or other material, or any refuse matter | 13 | | of any kind or description, or
build or commence the building | 14 | | of any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 15 | | jetty, bridge, or other structure over, under, in, or
within 40 | 16 | | feet of any navigable waters within the Port District without
| 17 | | first submitting the plans, profiles, and specifications | 18 | | therefor, and such
other data and information as may be | 19 | | required, to the Port District and
receiving a permit therefor. | 20 | | Any person, corporation, company, city or
municipality or other | 21 | | agency, which shall do any of the things prohibited
by this | 22 | | Section, without securing a permit therefor shall be guilty of | 23 | | a
Class A misdemeanor. Any structure, fill or deposit erected | 24 | | or made in any
public body of water within the Port District, |
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| 1 | | in violation of this
Section is declared to be purpresture and | 2 | | may be abated as such at the
expense of the person, | 3 | | corporation, company, city, municipality or other
agency | 4 | | responsible therefor, or if, the Port District decides that | 5 | | such
structure, fill or deposit may remain, the Port District | 6 | | may fix such rule,
regulation, requirement, restrictions or | 7 | | rentals, or require and compel all
changes, modifications and | 8 | | repairs which are deemed necessary to protect
the interest of | 9 | | the Port District.
| 10 | | (b) Notwithstanding any other provision of law, if the | 11 | | District has obtained a permit granted by the State and did not | 12 | | perform the activity that was allowed by the permit, the | 13 | | District shall pay, in the 12 months next following the month | 14 | | the permit expired, no more than half of the permit fee the | 15 | | District paid when the permit was issued to have the permit | 16 | | reissued. | 17 | | (Source: P.A. 77-2338.)
| 18 | | Section 45. The Massac-Metropolis Port District Act is | 19 | | amended by changing Section 90 as follows: | 20 | | (70 ILCS 1831/90)
| 21 | | Sec. 90. Permits. (a) It is unlawful to make any fill or | 22 | | deposit of rock, earth, sand, or other material, or any refuse | 23 | | matter of any kind or description, or build or commence the | 24 | | building of any wharf, pier, dolphin, boom, weir, breakwater, |
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| 1 | | bulkhead, jetty, bridge, or other structure over, under, or | 2 | | within 40 feet of any navigable waters within the Port District | 3 | | without first submitting the plans, profiles, and | 4 | | specifications therefor, and such other data and information as | 5 | | may be required, to the Port District and receiving a permit | 6 | | therefor; and any person, corporation, company, city or | 7 | | municipality or other agency, which shall do any of the things | 8 | | above prohibited, without securing a permit therefor as above | 9 | | provided, shall be guilty of a Class A misdemeanor; provided, | 10 | | however, that no such permit shall be required in the case of | 11 | | any project for which a permit shall have been secured from a | 12 | | proper governmental agency prior to the creation of the Port | 13 | | District nor shall any such permit be required in the case of | 14 | | any project to be undertaken by any city, village, or | 15 | | incorporated town in the District, or any combination thereof, | 16 | | for which a permit is required from a governmental agency other | 17 | | than the District before the municipality can proceed with such | 18 | | project. And in such event, such municipalities, or any of | 19 | | them, shall give at least 10 days' notice to the District of | 20 | | the application for a permit for any such project from a | 21 | | governmental agency other than the District so that the | 22 | | District may be present and represent its position relative to | 23 | | such application before such other governmental agency. Any | 24 | | structure, fill, or deposit erected or made in any of the | 25 | | public bodies of water within the Port District, in violation | 26 | | of the provisions of this Section, is a purpresture and may be |
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| 1 | | abated as such at the expense of the person, corporation, | 2 | | company, municipality, or other agency responsible therefor, | 3 | | or if, in the discretion of the Port District, it is decided | 4 | | that such structure, fill, or deposit may remain, the Port | 5 | | District may fix such rule, regulation, requirement, | 6 | | restrictions, or rentals or require and compel such changes, | 7 | | modifications, and repairs as shall be necessary to protect the | 8 | | interest of the Port District. | 9 | | (b) Notwithstanding any other provision of law, if the | 10 | | District has obtained a permit granted by the State and did not | 11 | | perform the activity that was allowed by the permit, the | 12 | | District shall pay, in the 12 months next following the month | 13 | | the permit expired, no more than half of the permit fee the | 14 | | District paid when the permit was issued to have the permit | 15 | | reissued.
| 16 | | (Source: P.A. 96-838, eff. 12-16-09.) | 17 | | Section 50. The Mid-America Intermodal Authority Port | 18 | | District Act is amended by changing Section 90 as follows:
| 19 | | (70 ILCS 1832/90)
| 20 | | Sec. 90. Permits. | 21 | | (a) It shall be unlawful to make any fill or deposit of
| 22 | | rock, earth,
sand, or other material, or any refuse matter of | 23 | | any kind or description,
or build or commence the building of | 24 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, |
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| 1 | | jetty, bridge, or other structure over, under, in, or
within 40 | 2 | | feet of any navigable waters within the
district without first | 3 | | submitting the plans, profiles, and specifications
for it, and | 4 | | any other data and information that may be required, to the
| 5 | | district and receiving a permit. Any person, corporation,
| 6 | | company, city or municipality, or other agency that does any of | 7 | | the
things prohibited in this Section without securing a permit
| 8 | | is guilty of a Class A misdemeanor. Any structure, fill, or
| 9 | | deposit erected or made in any of the public bodies of water | 10 | | within the
district in violation of the provisions of this | 11 | | Section is
declared to be a purpresture and may be abated as | 12 | | such at the expense of the
person, corporation, company, city, | 13 | | municipality, or other agency
responsible for it. If in the | 14 | | discretion of the district it is
decided that the structure, | 15 | | fill, or deposit may remain, the district
may fix any rule, | 16 | | regulation, requirement, restrictions, or rentals or
require | 17 | | and compel any changes, modifications, and repairs that shall | 18 | | be
necessary to protect the interest of the district. | 19 | | (b) Notwithstanding any other provision of law, if the | 20 | | district has obtained a permit granted by the State and did not | 21 | | perform the activity that was allowed by the permit, the | 22 | | district shall pay, in the 12 months next following the month | 23 | | the permit expired, no more than half of the permit fee the | 24 | | district paid when the permit was issued to have the permit | 25 | | reissued.
| 26 | | (Source: P.A. 90-636, eff. 7-24-98.)
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| 1 | | Section 55. The Mt. Carmel Regional Port District Act is | 2 | | amended by changing Section 18 as follows:
| 3 | | (70 ILCS 1835/18) (from Ch. 19, par. 718)
| 4 | | Sec. 18.
(a) It is unlawful to make any fill or deposit of | 5 | | rock, earth, sand, or
other material, or any refuse matter of | 6 | | any kind or description, or build
or commence the building of | 7 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 8 | | jetty, bridge, or other structure over, under or
within 40 feet | 9 | | of any navigable waters within the Port District without
first | 10 | | submitting the plans, profiles, and specifications therefor, | 11 | | and such
other data and information as may be required, to the | 12 | | Port District and
receiving a permit therefor; and any person, | 13 | | corporation, company, city or
municipality or other agency, | 14 | | which shall do any of the things above
prohibited, without | 15 | | securing a permit therefor as above provided, shall be
guilty | 16 | | of a Class A misdemeanor. However, no such permit shall be | 17 | | required
in the case of any project for which a permit shall | 18 | | have been secured from
a proper governmental agency prior to | 19 | | the creation of the Port District nor
shall any such permit be | 20 | | required in the case of any project to be
undertaken by any | 21 | | city, village or incorporated town in the District, or
any | 22 | | combination thereof, for which a permit is required from a | 23 | | governmental
agency other than District before the | 24 | | municipality can proceed with such
project. In such event, the |
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| 1 | | municipalities, or any of them, shall give at
least 10 days' | 2 | | notice to the District of the application for a permit for
any | 3 | | such project from a governmental agency other than the District | 4 | | so that
the District may be present and represent its position | 5 | | relative to such
application before such other governmental | 6 | | agency. Any structure, fill or
deposit erected or made in any | 7 | | of the public bodies of water within the
Port District, in | 8 | | violation of the provisions of this Section, is a
purpresture | 9 | | and may be abated as such at the expense of the person,
| 10 | | corporation, company, municipality or other agency responsible | 11 | | therefor, or
if in the discretion of the Port District, it is | 12 | | decided that such
structure, fill or deposit may remain, the | 13 | | Port District may fix such rule,
regulation, requirement, | 14 | | restrictions, or rentals or require and compel
such changes, | 15 | | modifications and repairs as shall be necessary to protect
the | 16 | | interest of the Port District. | 17 | | (b) Notwithstanding any other provision of law, if the | 18 | | District has obtained a permit granted by the State and did not | 19 | | perform the activity that was allowed by the permit, the | 20 | | District shall pay, in the 12 months next following the month | 21 | | the permit expired, no more than half of the permit fee the | 22 | | District paid when the permit was issued to have the permit | 23 | | reissued.
| 24 | | (Source: P.A. 77-2339 .)
| 25 | | Section 60. The Ottawa Port District Act is amended by |
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| 1 | | changing Section 90 as follows: | 2 | | (70 ILCS 1837/90)
| 3 | | Sec. 90. Permits. | 4 | | (a) It is unlawful to make any fill or deposit of rock, | 5 | | earth, sand, or other material, or any refuse matter of any | 6 | | kind or description, or build or commence the building of any | 7 | | wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, | 8 | | bridge, or other structure over, under, or within 40 feet of | 9 | | any navigable waters within the District without first | 10 | | submitting the plans, profiles, and specifications therefor, | 11 | | and any other data and information as may be required, to the | 12 | | District and receiving a permit therefor; and any person, | 13 | | corporation, company, municipality, or other agency, that does | 14 | | any of the things prohibited in this Section, without securing | 15 | | a permit, shall be guilty of a Class A misdemeanor. No permit | 16 | | shall be required in the case of any project for which a permit | 17 | | has been secured from a proper governmental agency before the | 18 | | creation of the District nor shall any permit be required in | 19 | | the case of any project to be undertaken by one or more | 20 | | municipalities located within the District for which a permit | 21 | | is required from a governmental agency other than the District | 22 | | before the municipality can proceed with the project. And in | 23 | | such event, one or more of the municipalities shall give at | 24 | | least 10 days' notice to the District of the application for a | 25 | | permit for any such project from a governmental agency other |
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| 1 | | than the District so that the District may be present and | 2 | | represent its position relative to the application before the | 3 | | other governmental agency. Any structure, fill, or deposit | 4 | | erected or made in any of the public bodies of water within the | 5 | | District, in violation of the provisions of this Section, is a | 6 | | purpresture and may be abated as such at the expense of the | 7 | | person, corporation, company, municipality, or other agency | 8 | | responsible therefor, or if, in the discretion of the District, | 9 | | it is decided that the structure, fill, or deposit may remain, | 10 | | the District may fix such rule, regulation, requirement, | 11 | | restriction, or rental or require and compel any change, | 12 | | modification, or repair as shall be necessary to protect the | 13 | | interest of the District. | 14 | | (b) Notwithstanding any other provision of law, if the | 15 | | District has obtained a permit granted by the State and did not | 16 | | perform the activity that was allowed by the permit, the | 17 | | District shall pay, in the 12 months next following the month | 18 | | the permit expired, no more than half of the permit fee the | 19 | | District paid when the permit was issued to have the permit | 20 | | reissued.
| 21 | | (Source: P.A. 96-1522, eff. 2-14-11.) | 22 | | Section 65. The Seneca Regional Port District Act is | 23 | | amended by changing Section 14 as follows:
| 24 | | (70 ILCS 1845/14) (from Ch. 19, par. 364)
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| 1 | | Sec. 14.
(a) It is unlawful to make any fill or deposit of | 2 | | rock, earth, sand,
or other material, or any refuse matter of | 3 | | any kind or description, or
build or commence the building of | 4 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 5 | | jetty, bridge, or other structure over, under, or
within 40 | 6 | | feet of any navigable waters within the Port District without
| 7 | | first submitting the plans, profiles, and specifications | 8 | | therefor, and such
other data and information as may be | 9 | | required, to the Port District and
receiving a permit therefor; | 10 | | and any person, corporation, company, city or
municipality or | 11 | | other agency, which shall do any of the things above
| 12 | | prohibited, without securing a permit therefor as above | 13 | | provided, shall be
guilty of a Class A misdemeanor; provided, | 14 | | however, that no such permit
shall be required in the case of | 15 | | any project for which a permit shall have
been secured from a | 16 | | proper governmental agency prior to the creation of the
Port | 17 | | District nor shall any such permit be required in the case of | 18 | | any
project to be undertaken by any city, village or | 19 | | incorporated town in the
District, or any combination thereof, | 20 | | for which a permit is required from a
governmental agency other | 21 | | than the District before the municipality can
proceed with such | 22 | | project. And in such event, such municipalities, or any
of | 23 | | them, shall give at least 10 days' notice to the District of | 24 | | the
application for a permit for any such project from a | 25 | | governmental agency
other than the District so that the | 26 | | District may be present and represent
its position relative to |
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| 1 | | such application before such other governmental
agency. Any | 2 | | structure, fill or deposit erected or made in any of the public
| 3 | | bodies of water within the Port District, in violation of the | 4 | | provisions of
this section is a purpresture and may be abated | 5 | | as such at the expense of
the person, corporation, company, | 6 | | municipality or other agency responsible
therefor, or if in the | 7 | | discretion of the Port District, it is decided that
such | 8 | | structure, fill or deposit may remain, the Port District may | 9 | | fix such
rule, regulation, requirement, restrictions, or | 10 | | rentals or require and
compel such changes, modifications and | 11 | | repairs as shall be necessary to
protect the interest of the | 12 | | Port District. | 13 | | (b) Notwithstanding any other provision of law, if the | 14 | | District has obtained a permit granted by the State and did not | 15 | | perform the activity that was allowed by the permit, the | 16 | | District shall pay, in the 12 months next following the month | 17 | | the permit expired, no more than half of the permit fee the | 18 | | District paid when the permit was issued to have the permit | 19 | | reissued.
| 20 | | (Source: P.A. 77-2335.)
| 21 | | Section 70. The Shawneetown Regional Port District Act is | 22 | | amended by changing Section 14 as follows:
| 23 | | (70 ILCS 1850/14) (from Ch. 19, par. 414)
| 24 | | Sec. 14.
(a) It is unlawful to make any fill or deposit of |
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| 1 | | rock, earth, sand,
or other material, or any refuse matter of | 2 | | any kind or description, or
build or commence the building of | 3 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 4 | | jetty, bridge, or other structure over, under, or
within 40 | 5 | | feet of any navigable waters within the Port District without
| 6 | | first submitting the plans, profiles, and specifications | 7 | | therefor, and such
other data and information as may be | 8 | | required, to the Port District and
receiving a permit therefor; | 9 | | and any person, corporation, company, city or
municipality or | 10 | | other agency, which shall do any of the things above
| 11 | | prohibited, without securing a permit therefor as above | 12 | | provided, shall be
guilty of a Class A misdemeanor; provided, | 13 | | however, that no such permit
shall be required in the case of | 14 | | any project for which a permit shall have
been secured from a | 15 | | proper governmental agency prior to the creation of the
Port | 16 | | District nor shall any such permit be required in the case of | 17 | | any
project to be undertaken by any city, village or | 18 | | incorporated town in the
District, or any combination thereof, | 19 | | for which a permit is required from a
governmental agency other | 20 | | than the District before the municipality can
proceed with such | 21 | | project. And in such event, such municipalities, or any
of | 22 | | them, shall give at least 10 days' notice to the District of | 23 | | the
application for a permit for any such project from a | 24 | | governmental agency
other than the District so that the | 25 | | District may be present and represent
its position relative to | 26 | | such application before such other governmental
agency. Any |
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| 1 | | structure, fill or deposit erected or made in any of the public
| 2 | | bodies of water within the Port District, in violation of the | 3 | | provisions of
this section, is a purpresture and may be abated | 4 | | as such at the expense of
the person, corporation, company, | 5 | | municipality or other agency responsible
therefor, or if, in | 6 | | the discretion of the Port District, it is decided that
such | 7 | | structure, fill or deposit may remain, the Port District may | 8 | | fix such
rule, regulation, requirement, restrictions, or | 9 | | rentals or require and
compel such changes, modifications and | 10 | | repairs as shall be necessary to
protect the interest of the | 11 | | Port District.
| 12 | | (b) Notwithstanding any other provision of law, if the | 13 | | District has obtained a permit granted by the State and did not | 14 | | perform the activity that was allowed by the permit, the | 15 | | District shall pay, in the 12 months next following the month | 16 | | the permit expired, no more than half of the permit fee the | 17 | | District paid when the permit was issued to have the permit | 18 | | reissued. | 19 | | (Source: P.A. 77-2336.)
| 20 | | Section 75. The Southwest Regional Port District Act is | 21 | | amended by changing Section 17 as follows:
| 22 | | (70 ILCS 1855/17) (from Ch. 19, par. 467)
| 23 | | Sec. 17.
(a) It is unlawful to make any fill or deposit of | 24 | | rock, earth, sand,
or other material, or any refuse matter of |
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| 1 | | any kind or description, or
build or commence the building of | 2 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 3 | | jetty, bridge, or other structure over, under, or
within 40 | 4 | | feet of any navigable waters within the Port District without
| 5 | | first submitting the plans, profiles, and specifications | 6 | | therefor, and such
other data and information as may be | 7 | | required, to the Port District and
receiving a permit therefor; | 8 | | and any person, corporation, company, city or
municipality or | 9 | | other agency, which shall do any of the things above
| 10 | | prohibited, without securing a permit therefor as above | 11 | | provided, shall be
guilty of a Class A misdemeanor; provided, | 12 | | however, that no such permit
shall be required in the case of | 13 | | any project for which a permit shall have
been secured from a | 14 | | proper governmental agency prior to the creation of the
Port | 15 | | District nor shall any such permit be required in the case of | 16 | | any
project to be undertaken by any city, village or | 17 | | incorporated town in the
District, or any combination thereof, | 18 | | for which a permit is required from a
governmental agency other | 19 | | than the District before the municipality can
proceed with such | 20 | | project. And in such event, such municipalities, or any
of | 21 | | them, shall give at least 10 days' notice to the District of | 22 | | the
application for a permit for any such project from a | 23 | | governmental agency
other than the District so that the | 24 | | District may be present and represent
its position relative to | 25 | | such application before such other governmental
agency. Any | 26 | | structure, fill or deposit erected or made in any of the public
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| 1 | | bodies of water within the Port District, in violation of the | 2 | | provisions of
this Section, is a purpresture and may be abated | 3 | | as such at the expense of
the person, corporation, company, | 4 | | municipality or other agency responsible
therefor, or if in the | 5 | | discretion of the Port District, it is decided that
such | 6 | | structure, fill or deposit may remain, the Port District may | 7 | | fix such
rule, regulation, requirement, restrictions, or | 8 | | rentals or require and
compel such changes, modifications and | 9 | | repairs as shall be necessary to
protect the interest of the | 10 | | Port District.
| 11 | | (b) Notwithstanding any other provision of law, if the | 12 | | District has obtained a permit granted by the State and did not | 13 | | perform the activity that was allowed by the permit, the | 14 | | District shall pay, in the 12 months next following the month | 15 | | the permit expired, no more than half of the permit fee the | 16 | | District paid when the permit was issued to have the permit | 17 | | reissued. | 18 | | (Source: P.A. 77-2337.)
| 19 | | Section 80. The America's Central Port District Act is | 20 | | amended by changing Section 14 as follows:
| 21 | | (70 ILCS 1860/14) (from Ch. 19, par. 297)
| 22 | | Sec. 14.
(a) It is unlawful to make any fill or deposit of | 23 | | rock, earth, sand,
or other material, or any refuse matter of | 24 | | any kind or description, or
build or commence the building of |
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| 1 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 2 | | jetty, bridge, or other structure over, under, or
within 50 | 3 | | feet of any navigable waters within the Port District without
| 4 | | first submitting the plans, profiles, and specifications | 5 | | therefor, and such
other data and information as may be | 6 | | required, to the Port District and
receiving a permit therefor; | 7 | | and any person, corporation, company, city or
municipality or | 8 | | other agency, which shall do any of the things above
| 9 | | prohibited, without securing a permit therefor as above | 10 | | provided, shall be
guilty of a Class A misdemeanor; provided, | 11 | | however, that no such permit
shall be required in the case of | 12 | | any project for which a permit shall have
been secured from a | 13 | | proper governmental agency prior to the creation of the
Port | 14 | | District nor shall any such permit be required in the case of | 15 | | any
project to be undertaken by the City of Venice, the City of | 16 | | Madison, the
City of Granite City or the Bi-State Development | 17 | | Agency, or any combination
thereof, for which a permit is | 18 | | required from a governmental agency other
than the District | 19 | | before the city or such agency can proceed with such
project. | 20 | | And in such event, such cities and such agency, or any of them,
| 21 | | shall give at least 10 days' notice to the District of the | 22 | | application for
a permit for any such project from a | 23 | | governmental agency other than the
District so that the | 24 | | District may be present and represent its position
relative to | 25 | | such application before such other governmental agency. Any
| 26 | | structure, fill or deposit erected or made in any of the public |
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| 1 | | bodies of
water within the Port District, in violation of the | 2 | | provisions of this
section, is a purpresture and may be abated | 3 | | as such at the expense of the
person, corporation, company, | 4 | | city, municipality or other agency
responsible therefor, or if, | 5 | | in the discretion of the Port District, it is
decided that said | 6 | | structure, fill or deposit may remain, the Port District
may | 7 | | fix such rule, regulation, requirement, restrictions, or | 8 | | rentals or
require and compel such changes, modifications and | 9 | | repairs as shall be
necessary to protect the interest of the | 10 | | Port District.
| 11 | | (b) Notwithstanding any other provision of law, if the | 12 | | District has obtained a permit granted by the State and did not | 13 | | perform the activity that was allowed by the permit, the | 14 | | District shall pay, in the 12 months next following the month | 15 | | the permit expired, no more than half of the permit fee the | 16 | | District paid when the permit was issued to have the permit | 17 | | reissued. | 18 | | (Source: P.A. 77-2334.)
| 19 | | Section 85. The Upper Mississippi River International Port | 20 | | District Act is amended by changing Section 20 as follows: | 21 | | (70 ILCS 1863/20)
| 22 | | Sec. 20. Permits. | 23 | | (a) It shall be unlawful to make any fill or deposit of | 24 | | rock, earth, sand, or other material, or any refuse matter of |
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| 1 | | any kind or description, or build or commence the building of | 2 | | any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, | 3 | | jetty, bridge, or other structure over, under, in, or within 40 | 4 | | feet of any navigable waters within the District without first | 5 | | submitting the plans, profiles, and specifications for it, and | 6 | | any other data and information that may be required, to the | 7 | | District and receiving a permit. Any person, corporation, | 8 | | company, municipality, or other agency that does any of the | 9 | | things prohibited in this Section without securing a permit is | 10 | | guilty of a Class A misdemeanor. Any structure, fill, or | 11 | | deposit erected or made in any of the public bodies of water | 12 | | within the District in violation of the provisions of this | 13 | | Section is declared to be a purpresture and may be abated as | 14 | | such at the expense of the person, corporation, company, city, | 15 | | municipality, or other agency responsible for it. If in the | 16 | | discretion of the District it is decided that the structure, | 17 | | fill, or deposit may remain, the District may fix any rule, | 18 | | regulation, requirement, restrictions, or rentals or require | 19 | | and compel any changes, modifications, and repairs that shall | 20 | | be necessary to protect the interest of the District.
| 21 | | (b) Notwithstanding any other provision of law, if the | 22 | | District has obtained a permit granted by the State and did not | 23 | | perform the activity that was allowed by the permit, the | 24 | | District shall pay, in the 12 months next following the month | 25 | | the permit expired, no more than half of the permit fee the | 26 | | District paid when the permit was issued to have the permit |
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| 1 | | reissued. | 2 | | (Source: P.A. 96-636, eff. 8-24-09.) | 3 | | Section 90. The Waukegan Port District Act is amended by | 4 | | changing Section 14 as follows:
| 5 | | (70 ILCS 1865/14) (from Ch. 19, par. 192)
| 6 | | Sec. 14.
(a) It is unlawful to make any fill or deposit of | 7 | | rock, earth, sand,
or other material, or any refuse matter of | 8 | | any kind or description, or
build or commence the building of | 9 | | any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, | 10 | | jetty, bridge, or other structure over, under, in, or
within 40 | 11 | | feet of any navigable waters within the Port District without
| 12 | | first submitting the plans, profiles, and specifications | 13 | | therefor, and such
other data and information as may be | 14 | | required, to the Port District and
receiving a permit therefor; | 15 | | and any person, corporation, company, city or
municipality or | 16 | | other agency, which shall do any of the things above
| 17 | | prohibited, without securing a permit therefor as above | 18 | | provided, shall be
guilty of a Class A misdemeanor; provided, | 19 | | however, that no such permit
shall be required in the case of | 20 | | any project for which a permit shall have
been secured from a | 21 | | proper governmental agency prior to the creation of the
Port | 22 | | District. Any structure, fill or deposit erected or made in any | 23 | | of the
public bodies of water within the Port District, in | 24 | | violation of the
provisions of this section, is a purpresture |
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| 1 | | and may be abated as such at
the expense of the person, | 2 | | corporation, company, city, municipality or
other agency | 3 | | responsible therefor, or if, in the discretion of the Port
| 4 | | District, it is decided that said structure, fill or deposit | 5 | | may remain,
the Port District may fix such rule, regulation, | 6 | | requirement, restrictions,
or rentals or require and compel | 7 | | such changes, modifications and repairs as
shall be necessary | 8 | | to protect the interest of the Port District.
| 9 | | (b) Notwithstanding any other provision of law, if the | 10 | | District has obtained a permit granted by the State and did not | 11 | | perform the activity that was allowed by the permit, the | 12 | | District shall pay, in the 12 months next following the month | 13 | | the permit expired, no more than half of the permit fee the | 14 | | District paid when the permit was issued to have the permit | 15 | | reissued. | 16 | | (Source: P.A. 77-2332.)
| 17 | | Section 95. The White County Port District Act is amended | 18 | | by adding Section 39 as follows: | 19 | | (70 ILCS 1870/39 new) | 20 | | Sec. 39. State permit fees. Notwithstanding any other | 21 | | provision of law, if the District has obtained a permit granted | 22 | | by the State and did not perform the activity that was allowed | 23 | | by the permit, the District shall pay, in the 12 months next | 24 | | following the month the permit expired, no more than half of |
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| 1 | | the permit fee the District paid when the permit was issued to | 2 | | have the permit reissued.
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