(70 ILCS 405/39) (from Ch. 5, par. 138.6)
Sec. 39.
Compliance with standards - cost sharing.
Any person engaging
in any land disturbing activity shall be encouraged to comply with the standards
for erosion and sediment control established by the district, except those
land disturbing activities relating to surface mining permitted under Chapter 4 of the
Illinois Pollution Control Board regulations. When proposed land
disturbing activities are to be performed on State land or by or on behalf
of a State agency, the person engaging in the activities may elect to comply
with standards established by the Department. If land disturbing activities
involve land in more than one district, the person engaging in the activities
may elect to comply with standards established by each district or standards
established by the Department. He shall notify, in writing, each district
involved and the Department concerning the standards he elects to comply with.
Upon request, the district, or the Department, as the case may be, shall
make available to any person engaged in a land disturbing activity, adequate
information and technical assistance to enable that person to comply with
the standards of the district or the Department.
The program adopted by each district shall provide for the sharing by the
district of part of the cost of enduring erosion and sediment control devices,
structures and practices and shall specify the cost-sharing ratios which
shall apply to various types of enduring erosion and sediment control devices,
structures and practices in that district. The program adopted by the Department
shall, in the same manner, provide for cost-sharing by the Department with
respect to enduring erosion and sediment control devices,
structures and practices when required in relation to a land disturbing
activity involving land in more than one district.
When a land disturbing activity does not comply with district or Department
standards, the district or the Department, as the case may be, shall suggest
such modifications, terms and conditions as will enable the person engaged
in the land disturbing activity to comply with the standards.
(Source: P.A. 80-159.)
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