(615 ILCS 50/1) (from Ch. 19, par. 119)
Sec. 1.
This Act shall be known and may be cited as the "Level of Lake
Michigan Act".
(Source: P.A. 83-1405.)
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(615 ILCS 50/1.1) (from Ch. 19, par. 119.1)
Sec. 1.1.
Definitions.
"Department" is the Department of
Natural Resources.
"Domestic purposes" includes all public water supply pumpage and water
supplied to commercial and industrial establishments.
"Consumptive use" means that amount of water withdrawn or withheld from
the Lake Michigan watershed and assumed to be lost or otherwise not
returned to Lake Michigan or to any other waterway due to evaporation,
incorporation into products, or other processes.
"New users" refers to any regional organization, municipality, political
sub-division, agency, instrumentality, organization, association, or individual
that did not have an allocation of Lake Michigan water from the Department
on July 1, 1980.
"Discretionary dilution for water quality purposes" is Lake Michigan water
directly diverted into the Sanitary and Ship Canal for the purpose of water
quality, and does not include Lake Michigan water directly diverted for
other purposes such as lockage, leakage of lakefront controlling structures,
or navigational make-up water.
"Other Great Lakes States" includes the states of Indiana, Michigan,
Minnesota, Ohio, Pennsylvania, New York and Wisconsin.
"International Joint Commission" is the permanent unitary body
established under the Boundary Waters Treaty of 1909 between the United
States and Canada to help prevent and settle disputes regarding the use of
boundary waters.
(Source: P.A. 89-445, eff. 2-7-96.)
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(615 ILCS 50/1.2) (from Ch. 19, par. 119.2)
Sec. 1.2.
The Department is designated as the agency to control and
regulate the diversion of Lake Michigan water and is responsible for
apportionment of water diverted from the Lake Michigan watershed. No
regional organization, municipality, political subdivision, agency or
instrumentality, or any other organization, association or individual
within the State of Illinois desiring to divert water from Lake Michigan
shall do so without first obtaining a valid allocation permit from the
Department. The Department shall not allocate water diverted from Lake
Michigan for use outside the boundaries of this State and any other Great
Lake state without the approval of the other Great Lakes states and the
International Joint Commission. The Department shall cooperate with the
International Joint Commission, Federal Agencies and state and local
agencies, for the regulation and maintenance of the levels and use of the
waters of Lake Michigan and the other Great Lakes.
(Source: P.A. 83-1405.)
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(615 ILCS 50/2) (from Ch. 19, par. 120)
Sec. 2.
In the execution of the powers herein granted and the duties
vested in the Department of Natural Resources, the Department shall make all
necessary surveys, collect all necessary data and cooperate and enter into
agreements with any and all agencies of the United States, the
International Joint Commission, the Canadian provinces of Ontario and
Quebec, other States, municipal corporations of this and other States,
regional organizations, public or private corporations, associations and
individuals for the formulation of plans and construction of all projects
for the regulation and maintenance of the levels of Lake Michigan and for
the extraction and utilization of waters taken from Lake Michigan and other
resources located in the counties of Cook, DuPage, Kane, Lake, McHenry and
Will.
(Source: P.A. 89-445, eff. 2-7-96.)
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(615 ILCS 50/3) (from Ch. 19, par. 120.1)
Sec. 3.
The Department on behalf of the State of Illinois shall devise and develop
a continuing program for the apportionment of water to be diverted from
Lake Michigan among regional organizations, municipalities, political subdivisions,
agencies or instrumentalities for domestic purposes
or for direct diversion into the Sanitary and Ship Canal to maintain such
canal in a reasonably satisfactory sanitary condition; provided, however,
that in developing the continuing program and in making allocations, the
amount used for discretionary dilution for water quality purposes in the
Sanitary and Ship Canal shall not exceed an annual average of 320 cubic
feet per second and the Department shall not allocate less than 320 cubic
feet per second for discretionary dilution before October 1, 2000, without
conducting a hearing initiated after notification from the Illinois Environmental
Protection Agency of the completion or improvement of waste water treatment
facilities or change in standards that affect water quality. In addition
to the other requirements of this Act, the Department shall give priority
to allocations for domestic purposes in making allocations to new users
of Lake Michigan water, and shall to the extent practicable make any allocations
to new users of Lake Michigan water with the goal of reducing withdrawals
from the Cambrian-Ordovician aquifer. The Department shall also follow these
provisions in developing its continuing program. The Lake Michigan water
so diverted, whether by way of pumpage for domestic purposes
from the lake the sewage effluent derived from which reaches
The Illinois Waterway, or by way of storm runoff from the Lake Michigan watershed which
is diverted into the Sanitary and Ship Canal, or by way of direct diversion
from the lake into the canal, shall not exceed a 40 year running average
of 3,200 cubic feet per second and shall not exceed 3,680 cubic feet per
second in any annual accounting
period except that in any two annual accounting periods within a 40 year
period the average annual diversion may not exceed 3,840 cubic feet per
second as a result of extreme hydrologic conditions. The program, which
shall be published, shall be
developed in cooperation with local governmental agencies and other
interests; in the development of the program and rules and regulations
the Department is authorized to hold public hearings to gather
information related thereto.
(Source: P.A. 81-1411.)
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(615 ILCS 50/4) (from Ch. 19, par. 120.2)
Sec. 4.
The Department of Natural Resources in
allocating water from Lake Michigan shall require a metering device or other
method of measuring the quantity of all water withdrawn or diverted from Lake
Michigan watershed and may require any and all records, information or data
which may be reasonably essential to proper accounting for such water.
(Source: P.A. 89-445, eff. 2-7-96.)
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(615 ILCS 50/5) (from Ch. 19, par. 120.3)
Sec. 5.
Regional organizations, municipalities, political subdivisions,
agencies or instrumentalities, and any other organization, association
or individual desiring to use water from Lake Michigan and subject to
allocation under this Act shall make application to the Department on forms
provided by such agency which shall include a
statement or finding relative to other sources of water or lack thereof
within the area, the need for such allocation or apportionment of Lake
Michigan water, the purpose or use to be made of the water so allocated,
including an estimate of consumptive use,
the point of diversion and the location of discharge after use, together
with the route such discharge will follow to reach an identifiable main
drain or stream, and whether such water will in any manner be treated or
otherwise altered or changed prior to discharge and release from control
by the applicant.
The Department in determining each allocation of water under this Act
shall consider the water requirements of the Northeastern Illinois
Metropolitan Region (specifically the counties of Cook, DuPage, Kane,
Lake, McHenry and Will); the Department shall be guided by population,
business and economic projections and requirements. The Department shall
require that all feasible means reasonably available to the State and
its municipalities, political subdivisions, agencies and
instrumentalities shall be employed to conserve and manage the water
resources of the region and the use of water therein in accordance with
the best modern scientific knowledge and engineering practice.
(Source: P.A. 84-993.)
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(615 ILCS 50/6) (from Ch. 19, par. 120.4)
Sec. 6.
Allocation of water
to be diverted from the Lake Michigan watershed
shall be made by the Department only after notice and
hearing except where a water shortage emergency exists, threatening the
public health, safety or welfare. Where a water shortage emergency exists,
the Department may issue and enter an order for an emergency allocation,
but shall, within 60 days thereafter, give notice and conduct a hearing
regarding such emergency allocation. The effectiveness of an emergency
allocation order shall be immediate and shall last until the Department
has issued and entered an order after a hearing regarding the emergency allocation.
Conflicting claims relative to the application for allocation
shall be made a matter of record at a hearing together with
reconciliation by the Department. No allocation shall be in force or
take effect until issuance and entry of an order by the Department.
Notice of any hearing to be held by the Department
shall be by
publication not less than twice in a newspaper of general circulation in
the immediate as well as the remote area which may be affected by such
diversion; such publications shall be no longer than one week apart and
the hearing shall be held within ten days following date of last
publication. In addition, actual notice shall be given to the counties
of Cook, DuPage, Kane, Lake, McHenry and Will, and to the City of
Chicago, and to the Metropolitan Sanitary District of Greater Chicago.
(Source: P.A. 83-694.)
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(615 ILCS 50/7) (from Ch. 19, par. 120.5)
Sec. 7.
Failure or neglect to properly utilize an allocation of water made under
this Act, abuse or misuse of any allocation, or complaints filed with the
Department in writing, shall be cause for the Department, in its
discretion, to hold a hearing for the purpose of taking evidence or
gathering other information or data with reference to such subject matter.
All persons who may appear in behalf of or in opposition to the petition
shall be heard. The Department shall at the conclusion of such hearing
enter an order presenting findings and directing a course of action,
including changes in allocations previously made.
(Source: P.A. 76-1844.)
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(615 ILCS 50/8) (from Ch. 19, par. 120.6)
Sec. 8.
Orders entered by the Department of Natural Resources shall be made
only after giving due and reasonable notice to persons affected by or having an
interest in the subject matter of such order and after a hearing in
relation thereto. Any person who shall neglect or refuse or fail to obey
any lawful order made by the Department or to carry the same into effect in
accordance with the terms thereof shall be guilty of a business offense and
shall be liable to a fine of not less than $1000 nor more than $10,000 to
be recovered in the name of the People of the State of Illinois in
the circuit court.
(Source: P.A. 89-445, eff. 2-7-96.)
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(615 ILCS 50/9) (from Ch. 19, par. 120.7)
Sec. 9.
The Department of Natural Resources shall as soon as practicable
prescribe and publish reasonable rules and regulations relating to the
jurisdiction, diversion and utilization, and, control and regulation of the
water from the Lake Michigan watershed; such rules shall be filed with the
Secretary of State as provided by "The Illinois Administrative Procedure Act",
approved September 22, 1975, as amended. Such rules and regulations may be
amended, from time to time, which shall be published and filed as provided
herein.
(Source: P.A. 89-445, eff. 2-7-96.)
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(615 ILCS 50/10) (from Ch. 19, par. 120.8)
Sec. 10.
The Department of Natural Resources may make such investigations
and conduct such hearings as may be necessary to the performance of its duties
under this Act. The Department may issue subpoenas, and may administer oaths in
connection with such investigations and hearings. Any person served with a
subpoena to appear and testify, or to produce books or papers or reports, and
who shall refuse or neglect to appear or to testify, or to produce books or
papers or reports, as commanded in such subpoena shall be guilty of a Class B
misdemeanor.
(Source: P.A. 89-445, eff. 2-7-96.)
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(615 ILCS 50/11) (from Ch. 19, par. 120.9)
Sec. 11.
The Department of Natural Resources may contract for appraisal,
legal, engineering, or other professional services which may be necessary, in
the discretion of the Department, for the proper exercise of the duties and
responsibilities prescribed by this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
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(615 ILCS 50/12) (from Ch. 19, par. 120.10)
Sec. 12.
Final orders issued and entered by the Department of Natural
Resources under the provisions of this Act shall be subject to the judicial
review pursuant to the provisions of the Administrative Review Law and
amendments or modifications thereof.
(Source: P.A. 89-445, eff. 2-7-96.)
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(615 ILCS 50/13) (from Ch. 19, par. 120.11)
Sec. 13.
The Department is directed to request funds for continuing
implementation of this Act during the 1971 fiscal year and for each fiscal
year thereafter as a part of the ordinary and contingent expense of the
Department.
(Source: P.A. 77-163.)
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(615 ILCS 50/14) (from Ch. 19, par. 120.12)
Sec. 14.
No regional organization, municipality, political subdivision,
agency or instrumentality, or any other organization, association or individual
within the State of Illinois, which under Section 1.2 of this Act is not
required to obtain a permit to divert Lake Michigan water but which has
a new or increased consumptive use of Lake Michigan water in excess of an
average of 2 million gallons per day in any 30 day period, shall commence
such new or increased consumptive use without first obtaining a valid
consumptive use permit from the Department. A regional organization,
municipality, political subdivision, agency or instrumentality, or any
other organization, association or individual desiring to consume water
from Lake Michigan in excess of 2 million gallons per day in any 30 day
period shall make application to the Department on forms provided by the
Department, which application shall contain a detailed statement, with
supporting documentation, of all the following information: (1) the place
of the proposed withdrawal and the place of the proposed consumptive use;
(2) the nature and purpose of the proposed consumptive use, including the
total annual and monthly volume and rate of the withdrawal; (3) the annual
and monthly volume and rate of consumptive use resulting from the
withdrawal and the place, volume, and quality of return flows, detailing
anticipated physical, chemical and biological alterations of return flow
water; and (4) a statement of alternative possibilities for meeting the
applicant's need for a consumptive use of Lake Michigan water.
In reviewing an application for a consumptive use permit, the Department
shall permit the proposed consumptive use if: (1) it is a reasonable and
beneficial use and is necessary to serve the present and future needs of
the applicant; (2) reasonable conservation practices, measures and technologies
are incorporated to minimize the quantity of Lake Michigan water consumed;
and (3) it is consistent with the protection of the public health, safety
and welfare, and does not adversely affect the public interest.
(Source: P.A. 84-993.)
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