State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

90_SB0795

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          Amends Acts containing references to the Hazardous  Waste
      Research  and  Information Center to rename the Center as the
      Waste Management and  Research  Center.   Provides  that  the
      Office  of  Scientific  Research Analysis, in addition to the
      duties listed, may perform other related  research  functions
      and  responsibilities  as  may  be appropriate, instead of as
      provided by law; and provides that the State museum is within
      that Office. Amends the  State  Finance  Act.  Provides  that
      Conservation  2000 funds may be used to establish and protect
      ecosystems through technical assistance and grants to  public
      and  private  landowners. Amends the Surface Coal Mining Land
      Conservation and Reclamation Act to transfer the functions of
      the Interagency  Committee  on  Surface  Mining  Control  and
      Reclamation  to  the  Office of Mines and Minerals within the
      Department of  Natural  Resources  beginning  July  1,  1997.
      Provides that the Department shall not deny a permit based on
      certain  violations  of  the Act resulting from unanticipated
      events or conditions. In the event of a violation of the  Act
      and  a  forfeiture  of  a  bond  or deposit of a surface coal
      mining operator, provides for the use of  funds  appropriated
      under  the Abandoned Mined Lands and Water Reclamation Act to
      cover costs of remediation that exceed the amount of the bond
      or deposit. Sets forth exceptions to the Department's duty to
      prepare a Land Report on the petition of an interested party.
      Deletes certain provisions  relating  to  public  notice  and
      opportunity to be heard on the adoption, amendment, or repeal
      of Department rules. Amends the Fish and Aquatic Life Code to
      lengthen  the  commercial musseling season, eliminate certain
      harvesting methods, and to authorize commercial musseling  in
      the  Ohio river.  Amends the Wildlife Code to provide that no
      bow and arrow device shall be carried with the arrow  in  the
      nocked  position  during hours when deer hunting is unlawful,
      deleting provision that bow and arrow must be cased, unstrung
      or otherwise made inoperable  by  a  locking  device.   Makes
      other changes.  Effective immediately.
                                                     LRB9000820SMdv
                                               LRB9000820SMdv
 1        AN ACT regarding natural resources.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5. The Personnel  Code  is  amended  by  changing
 5    Section 4c as follows:
 6        (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
 7        Sec. 4c.  General exemptions.  The following positions in
 8    State service shall be exempt from jurisdictions A, B, and C,
 9    unless  the  jurisdictions  shall  be extended as provided in
10    this Act:
11             (1)  All officers elected by the people.
12             (2)  All positions under  the  Lieutenant  Governor,
13        Secretary  of  State, State Treasurer, State Comptroller,
14        State Board of Education, Clerk of the Supreme Court, and
15        Attorney General.
16             (3)  Judges,  and  officers  and  employees  of  the
17        courts, and notaries public.
18             (4)  All officers  and  employees  of  the  Illinois
19        General    Assembly,   all   employees   of   legislative
20        commissions, all officers and employees of  the  Illinois
21        Legislative  Reference  Bureau,  the Legislative Research
22        Unit, and the Legislative Printing Unit.
23             (5)  All positions in the Illinois  National  Guard,
24        and  Illinois  State  Guard,  paid  from federal funds or
25        positions  in  the  State   Military  Service  filled  by
26        enlistment and paid from State funds.
27             (6)  All employees of the Governor at the  executive
28        mansion and on his immediate personal staff.
29             (7)  Directors of Departments, the Adjutant General,
30        the  Assistant  Adjutant  General,  the  Director  of the
31        Illinois Emergency Management Agency, members  of  boards
                            -2-                LRB9000820SMdv
 1        and  commissions,   and  all other positions appointed by
 2        the Governor by and with the consent of the Senate.
 3             (8)  The presidents, other principal  administrative
 4        officers,  and teaching, research and extension faculties
 5        of Chicago State University, Eastern Illinois University,
 6        Governors State University,  Illinois  State  University,
 7        Northeastern   Illinois   University,  Northern  Illinois
 8        University, Western  Illinois  University,  the  Illinois
 9        Community  College  Board,  Southern Illinois University,
10        Illinois  Board  of  Higher  Education,   University   of
11        Illinois,   State   Universities  Civil  Service  System,
12        University  Retirement  System  of  Illinois,   and   the
13        administrative  officers  and  scientific  and  technical
14        staff of the Illinois State Museum.
15             (9)  All  other  employees  except  the  presidents,
16        other  principal  administrative  officers, and teaching,
17        research and  extension  faculties  of  the  universities
18        under  the  jurisdiction  of the Board of Regents and the
19        colleges and universities under the  jurisdiction of  the
20        Board  of  Governors  of State Colleges and Universities,
21        Illinois  Community  College  Board,  Southern   Illinois
22        University,  Illinois Board of Higher Education, Board of
23        Governors of State Colleges and Universities,  the  Board
24        of  Regents,  University  of Illinois, State Universities
25        Civil Service System,  University  Retirement  System  of
26        Illinois,  so long as these are subject to the provisions
27        of the State Universities Civil Service Act.
28             (10)  The State Police so long as they  are  subject
29        to the merit provisions of the State Police Act.
30             (11)  The  scientific  staff of the State Scientific
31        Surveys and the Waste Management and  Research  Hazardous
32        Waste Research and Information Center.
33             (12)  The  technical  and  engineering staffs of the
34        Department of Transportation, the Department  of  Nuclear
                            -3-                LRB9000820SMdv
 1        Safety,  and of the Illinois Commerce Commission, and the
 2        technical and engineering staff  providing  architectural
 3        and  engineering  services  in  the Department of Central
 4        Management Services.
 5             (13)  All  employees  of  the  Illinois  State  Toll
 6        Highway Commission.
 7             (14)  The Secretary of the Industrial Commission.
 8             (15)  All persons who are appointed or  employed  by
 9        the Director of Insurance  under authority of Section 202
10        of the Illinois Insurance Code to assist the Director  of
11        Insurance in discharging his responsibilities relating to
12        the   rehabilitation,   liquidation,   conservation,  and
13        dissolution  of  companies  that  are  subject   to   the
14        jurisdiction of the Illinois  Insurance Code.
15             (16)  All  employees  of  the St. Louis Metropolitan
16        Area Airport Authority.
17             (17)  All  investment  officers  employed   by   the
18        Illinois State Board of Investment.
19             (18)  Employees   of   the   Illinois   Young  Adult
20        Conservation Corps program, administered by the  Illinois
21        Department of Natural Resources, authorized grantee under
22        Title  VIII of the "Comprehensive Employment and Training
23        Act of 1973", 29 USC 993.
24             (19)  Seasonal  employees  of  the   Department   of
25        Agriculture  for the operation of the Illinois State Fair
26        and the DuQuoin State Fair, no one person receiving  more
27        than 29 days of such employment in any calendar year.
28             (20)  All  "temporary"  employees  hired  under  the
29        Department  of  Natural  Resources' Illinois Conservation
30        Service, a youth  employment  program  that  hires  young
31        people to work in State parks for a period of one year or
32        less.
33             (21)  All  hearing  officers  of  the  Human  Rights
34        Commission.
                            -4-                LRB9000820SMdv
 1             (22)  All  employees of the Illinois Mathematics and
 2        Science Academy.
 3             (23)  All employees of  the  Kankakee  River  Valley
 4        Area Airport Authority.
 5    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
 6        Section  10. The Civil Administrative Code of Illinois is
 7    amended by changing Section 46.13a as follows:
 8        (20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
 9        Sec. 46.13a. Environmental Regulatory Assistance Program.
10        (a)  The following terms, whenever used or referred to in
11    this Section, shall have the following meanings  ascribed  to
12    them, except where the context clearly requires otherwise:
13             (1)  "Small  business  stationary  source"  means  a
14        business  that  is  owned  or  operated  by a person that
15        employs 100 or fewer individuals; is a small business; is
16        not a major stationary source as defined in Titles I  and
17        III  of  the  federal 1990 Clean Air Act Amendments; does
18        not emit 50 tons  or  more  per  year  of  any  regulated
19        pollutant  (as  defined under the federal Clean Air Act);
20        and emits less than 75 tons per  year  of  all  regulated
21        pollutants.
22             (2)  "Department"  means  the Illinois Department of
23        Commerce and Community Affairs.
24        (b)  The Department may:
25             (1)  Provide  access  to  technical  and  compliance
26        information  for  Illinois  firms,  including  small  and
27        middle market companies,  to  facilitate  local  business
28        compliance    with   the   federal,   State   and   local
29        environmental regulations.
30             (2)  Coordinate   and   enter    into    cooperative
31        agreements  with a State ombudsman office, which shall be
32        established in accordance with the federal 1990 Clean Air
                            -5-                LRB9000820SMdv
 1        Act Amendments to provide direct oversight to the program
 2        established under that Act.
 3             (3)  Enter into contracts,  cooperative  agreements,
 4        and   financing  agreements  and  establish  and  collect
 5        charges  and  fees  necessary  or   incidental   to   the
 6        performance  of  duties and the execution of powers under
 7        this Section.
 8             (4)  Accept and expend,  subject  to  appropriation,
 9        gifts,  grants,  awards,  funds,  contributions, charges,
10        fees  and  other  financial  or  nonfinancial  aid   from
11        federal,   State   and   local   governmental   agencies,
12        businesses,    educational    agencies,    not-for-profit
13        organizations,  and  other  entities, for the purposes of
14        this Section.
15             (5)  Establish, staff and  administer  programs  and
16        services  and  adopt such rules and regulations as may be
17        necessary to carry out the intent  of  this  Section  and
18        Section  507, "Small Business Stationary Source Technical
19        and Environmental Compliance Assistance Program", of  the
20        federal 1990 Clean Air Act Amendments.
21        (c)  The  Department's  environmental compliance programs
22    and services for businesses may  include,  but  need  not  be
23    limited to, the following:
24             (1)  Communication  and  outreach  services to or on
25        behalf of individual companies, including collection  and
26        compilation  of  appropriate  information  on  regulatory
27        compliance   issues   and   control   technologies,   and
28        dissemination  of  such information through publications,
29        direct mailings, electronic communications,  conferences,
30        workshops,  one-on-one  counseling  and  other  means  of
31        technical assistance.
32             (2)  Provision  of referrals and access to technical
33        assistance, pollution prevention and facility audits, and
34        otherwise serving  as  an  information  clearinghouse  on
                            -6-                LRB9000820SMdv
 1        pollution  prevention  through  the  coordination  of the
 2        Waste Management and Research  Hazardous  Waste  Research
 3        and  Information  Center, a division of the Department of
 4        Natural  Resources.   In  addition,   environmental   and
 5        regulatory  compliance  issues  and techniques, which may
 6        include business rights and responsibilities,  applicable
 7        permitting   and   compliance   requirements,  compliance
 8        methods  and  acceptable  control  technologies,  release
 9        detection,  and  other  applicable  information  may   be
10        provided.
11             (3)  Coordination     with    and    provision    of
12        administrative  and  logistical  support  to  the   State
13        Compliance Advisory Panel.
14        (d)  There  is hereby created a special fund in the State
15    Treasury to be known  as  the  Small  Business  Environmental
16    Assistance Fund.  Monies received under subdivision (b)(4) of
17    this Section shall be deposited into the Fund.
18        Monies  in  the  Small  Business Environmental Assistance
19    Fund may be used, subject  to  appropriation,  only  for  the
20    purposes authorized by this Section.
21    (Source: P.A. 89-445, eff. 2-7-96.)
22        Section 15. The Business Assistance and Regulatory Reform
23    Act is amended by changing Section 15 as follows:
24        (20 ILCS 608/15)
25        Sec.  15.  Providing  information  and  expediting permit
26    reviews.
27        (a)  The office shall provide an information system using
28    a toll-free business assistance number.  The number shall  be
29    advertised  throughout  the  State.  If requested, the caller
30    will be sent a  basic  business  kit,  describing  the  basic
31    requirements  and  procedures for doing business in Illinois.
32    If requested, the caller shall be directed to one or more  of
                            -7-                LRB9000820SMdv
 1    the additional services provided by the office.  In addition,
 2    the  office  shall have branches located throughout the State
 3    to assist persons who prefer not (or who are unable)  to  use
 4    the  call system.  All persons providing advice to callers on
 5    behalf of the office and all persons responsible for directly
 6    providing services to persons visiting the office or  one  of
 7    its  branches shall be persons with small business experience
 8    in an administrative or managerial capacity.
 9        (b)  The   office   shall   develop   and   implement   a
10    computerized master application  procedure  to  expedite  the
11    identification   and   processing  of  permits  for  business
12    undertakings, projects and activities.
13             (1)  The  application  shall  be  made  on  a   form
14        prescribed  by  the  office,  designed  primarily for the
15        convenience of  applicants  confronting  requirements  of
16        multiple  permits  from  one or more State agencies.  The
17        office shall assist any person requesting  assistance  in
18        completing the application.
19             (2)  Upon receipt of a completed master application,
20        the  office  shall  notify  each  State  agency  having a
21        possible interest  in  the  proposed  business  activity.
22        Each  agency so notified shall respond within 15 days and
23        advise the office whether one or more permits  under  its
24        jurisdiction  may  be  required  for  the  activity.  The
25        response will also include the fees to  be  charged.  The
26        requirements  of  this subdivision (b)(2) shall not apply
27        if the master  application contained false, misleading or
28        deceptive information, or  failed  to  include  pertinent
29        information,  the  lack  of which could reasonably lead a
30        State agency to misjudge  the  applicability  of  permits
31        under  its jurisdiction, or if new permit requirements or
32        related standards subsequently became effective for which
33        a State agency had  no  discretion  in  establishing  the
34        effective  date. For purposes of this Act, "State agency"
                            -8-                LRB9000820SMdv
 1        means a department or agency of  State  government  under
 2        the  jurisdiction  and  control  of  the  Office  of  the
 3        Governor.
 4             (3)  After  the  15  day notice and response period,
 5        the office shall promptly provide the applicant with  the
 6        necessary  application  forms and related information for
 7        all permits specified by the interested  State  agencies.
 8        Applications  may  be directly filed with the agencies or
 9        with the office, together with the requisite  fees.   The
10        office  may  at  the  request  of the applicant conduct a
11        pre-application conference with  representatives  of  the
12        interested    State    agencies   and   agencies   having
13        responsibilities for business promotion.
14        (c)  Any applicant for permits required  for  a  business
15    activity  may  confer with the office to obtain assistance in
16    the  prompt  and   efficient   processing   and   review   of
17    applications.   The  office  may designate an employee of the
18    office to act as a permit assistance manager to:
19             (1)  facilitate  contacts  for  the  applicant  with
20        responsible agencies;
21             (2)  arrange conferences to clarify the requirements
22        of interested agencies;
23             (3)  consider with State agencies the feasibility of
24        consolidating  hearings  and   data   required   of   the
25        applicant;
26             (4)  assist   the   applicant   in   resolution   of
27        outstanding issues identified by State agencies; and
28             (5)  coordinate  federal, State and local regulatory
29        procedures  and  permit  review  actions  to  the  extent
30        possible.
31        (d)  The  office  shall  publish  a  directory  of  State
32    business  permits  and  State  programs   to   assist   small
33    businesses.
34        (e)  The  office shall designate "economically distressed
                            -9-                LRB9000820SMdv
 1    areas",  being  State  enterprise  zones   that   have   been
 2    designated  enterprise  zones  under  the Illinois Enterprise
 3    Zone Act  because  of  their  high  unemployment  rate,  high
 4    poverty rate, or low income. The office shall provide on-site
 5    permit   assistance  in  those  areas  and  may  require  any
 6    interested State agency to designate an  employee  who  shall
 7    coordinate  the handling of permits in that area.  Interested
 8    State  agencies  shall,  to  the  maximum  extent   feasible,
 9    establish procedures to expedite applications in economically
10    distressed  areas.   The  office  shall  attempt to establish
11    agreements with the local governments having jurisdiction  in
12    these  areas,  to  allow  the office to provide assistance to
13    applicants for permits required by these local governments.
14        (f)  The  office  shall   designate   permit   assistance
15    managers  to  assist  in  obtaining  the prompt and efficient
16    processing and review of applications for permits required by
17    businesses performing  infrastructure  projects.   Interested
18    State   agencies  shall,  to  the  maximum  extent  feasible,
19    establish   procedures   to   expedite    applications    for
20    infrastructure   projects.    Applications  for  permits  for
21    infrastructure projects  shall  be  approved  or  disapproved
22    within  45  days  of  submission,  unless  law or regulations
23    specify a different period.   If  the  interested  agency  is
24    unable  to act within that period, the agency shall provide a
25    written notification to the office specifying reasons for its
26    inability  to  act  and  the  date  by  which   approval   or
27    disapproval  shall be determined.  The office may require any
28    interested State agency to designate  an  employee  who  will
29    coordinate the handling of permits in that area.
30        (g)  In  addition  to  its responsibilities in connection
31    with permit assistance,  the  office  shall  provide  general
32    regulatory information by directing businesses to appropriate
33    officers   in   State  agencies  to  supply  the  information
34    requested.
                            -10-               LRB9000820SMdv
 1        (h)  The office shall help businesses to locate and apply
 2    to training programs available to train current employees  in
 3    particular  skills, techniques or areas of knowledge relevant
 4    to the employees' present  or  anticipated  job  duties.   In
 5    pursuit   of   this   objective,  the  office  shall  provide
 6    businesses with pertinent information about training programs
 7    offered by State agencies, units of local government,  public
 8    universities  and  colleges,  community  colleges, and school
 9    districts in Illinois.
10        (i)  The office shall help businesses to locate and apply
11    to State programs offering to businesses grants, loans,  loan
12    or  bond  guarantees,  investment partnerships, technology or
13    productivity  consultation,  or  other  forms   of   business
14    assistance.
15        (j)  To  the extent authorized by federal law, the office
16    shall assist businesses in ascertaining  and  complying  with
17    the  requirements  of the federal Americans with Disabilities
18    Act.
19        (k)  The  office  shall  provide   confidential   on-site
20    assistance   in   identifying   problems   and  solutions  in
21    compliance with  requirements  of  the  federal  Occupational
22    Safety  and Health Administration and other State and federal
23    environmental regulations.  The office shall work through and
24    contract with the Waste  Management  and  Research  Hazardous
25    Waste Research and Information Center to provide confidential
26    on-site   consultation  audits  that  (i)  assist  regulatory
27    compliance   and   (ii)   identify    pollution    prevention
28    opportunities.
29        (l)  The  office  shall  provide  information on existing
30    loan and business assistance programs provided by the State.
31        (m)  Each State agency having jurisdiction to approve  or
32    deny  a  permit shall have the continuing power heretofore or
33    hereafter vested in it  to  make  such  determinations.   The
34    provisions of this Act shall not lessen or reduce such powers
                            -11-               LRB9000820SMdv
 1    and shall modify the procedures followed in carrying out such
 2    powers only to the extent provided in this Act.
 3        (n) (1)  Each State agency shall fully cooperate with the
 4    office  in providing information, documentation, personnel or
 5    facilities requested by the office.
 6        (2)  Each State agency having jurisdiction of any  permit
 7    to which the master application procedure is applicable shall
 8    designate  an  employee  to act as permit liaison office with
 9    the office in carrying out the provisions of this Act.
10        (o) (1)  The office has authority, but is  not  required,
11    to  keep  and  analyze appropriate statistical data regarding
12    the number of permits issued by State agencies, the amount of
13    time necessary for the permits to  be  issued,  the  cost  of
14    obtaining  such  permits,  the  types  of  projects for which
15    specific permits are issued,  a  geographic  distribution  of
16    permits,   and   other   pertinent   data  the  office  deems
17    appropriate.
18        The office shall make such data and any analysis  of  the
19    data available to the public.
20        (2)  The  office  has  authority, but is not required, to
21    conduct or cause to be conducted a  thorough  review  of  any
22    agency's  permit  requirements  and  the need by the State to
23    require such permits.  The office shall draw on  the  review,
24    on  its direct experience, and on its statistical analyses to
25    prepare recommendations regarding how to:
26             (i)  eliminate  unnecessary  or  antiquated   permit
27        requirements;
28             (ii)  consolidate  duplicative or overlapping permit
29        requirements;
30             (iii)  simplify   overly    complex    or    lengthy
31        application procedures;
32             (iv)  expedite   time-consuming  agency  review  and
33        approval procedures; or
34             (v)  otherwise improve the permitting  processes  in
                            -12-               LRB9000820SMdv
 1        the State.
 2        The  office  shall  submit  copies of all recommendations
 3    within 5  days  of  issuance  to  the  affected  agency,  the
 4    Governor,  the  General  Assembly, and the Joint Committee on
 5    Administrative Rules.
 6        (p)  The office has authority to review  State  forms  on
 7    its  own  initiative  or  upon  the  request of another State
 8    agency to ascertain the burden, if  any,  of  complying  with
 9    those  forms.  If the office determines that a form is unduly
10    burdensome to  business,  it  may  recommend  to  the  agency
11    issuing  the  form either that the form be eliminated or that
12    specific changes be made in the form.
13        (q)  Not later than March 1 of each year, beginning March
14    1, 1995, the office shall submit  an  annual  report  of  its
15    activities  during  the  preceding  year  to the Governor and
16    General Assembly.  The report shall describe  the  activities
17    of  the  office  during  the preceding year and shall contain
18    statistical information on the permit  assistance  activities
19    of the office.
20    (Source: P.A. 88-404.)
21        Section  20.  The  Department of Natural Resources Act is
22    amended by changing Sections 15-5 and 20-5 as follows:
23        (20 ILCS 801/15-5)
24        Sec. 15-5. Office of Scientific  Research  and  Analysis.
25    The  Department  of Natural Resources shall have within it an
26    Office of Scientific Research and Analysis.  The Office shall
27    contain within it a Natural History Survey division, a  State
28    Water  Survey division, a State Geological Survey division, a
29    Waste Management and Research Hazardous  Waste  Research  and
30    Information  Center division, and such other related research
31    functions and responsibilities as may be appropriate provided
32    by law.  The Board of Natural Resources and  Conservation  is
                            -13-               LRB9000820SMdv
 1    retained  as  the  governing board for the Scientific Surveys
 2    and Waste Management and Research  Hazardous  Waste  Research
 3    and Information Center.
 4    (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
 5        (20 ILCS 801/20-5)
 6        Sec.  20-5.  State  Museum.   The  Department  of Natural
 7    Resources shall have within it a division consisting  of  the
 8    Illinois  State  Museum,  which shall be within the Office of
 9    Scientific Research and Analysis. The Board of  the  Illinois
10    State Museum is retained as the governing board for the State
11    Museum.
12    (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
13        Section 25.  The Civil Administrative Code of Illinois is
14    amended by changing Section 63a and by adding Sections 63b1.2
15    and 63b2.9 as follows:
16        (20 ILCS 805/63a) (from Ch. 127, par. 63a)
17        Sec.  63a.   The  Department of Natural Resources has the
18    powers enumerated in Sections 63a1 through 63b2.9 63b2.8.
19    (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
20        (20 ILCS 805/63b1.2 new)
21        Sec. 63b1.2.   Indirect  cost  reimbursements.   Indirect
22    cost  reimbursements applied for by the Department of Natural
23    Resources may be allocated  as  State  matching  funds.   Any
24    indirect  cost  reimbursement applied for and received by the
25    Department shall be deposited to the same fund as the  direct
26    cost  and  may  be  expended,  subject  to appropriation, for
27    support of programs administered by the Department of Natural
28    Resources.
29        (20 ILCS 805/63b2.9 new)
                            -14-               LRB9000820SMdv
 1        Sec. 63b2.9.  Grants and contracts.  To accept,  receive,
 2    expend,  and  administer,  including  by grant, agreement, or
 3    contract,  those  funds  that  are  made  available  to   the
 4    Department  from  the federal government and other public and
 5    private sources in the exercise of its statutory  powers  and
 6    duties.
 7        The  Department  may make grants to other State agencies,
 8    universities,   not-for-profit   organizations   and    local
 9    governments,  pursuant to an appropriation in the exercise of
10    its statutory powers and duties.
11        Section 30. The Energy Conservation and Coal  Development
12    Act is amended by changing Section 16 as follows:
13        (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
14        Sec. 16. Battery Task Force.
15        (a)  Within  the  Department  is  created  a Battery Task
16    Force to be comprised of (i) the Director of  the  Department
17    who shall serve as chair of the Task Force; (ii) the Director
18    of  the  Environmental Protection Agency;  (iii) the Director
19    of the Waste Management and Research Hazardous Waste Research
20    and Information Center; and (iv)  15  persons  who  shall  be
21    appointed  by  the  Director  of  the Department, including 2
22    persons representing an environmental organization, 2 persons
23    representing   the   battery   cell   industry,   2   persons
24    representing the rechargeable powered tool/device industry, 3
25    representatives  from  local  government   with   residential
26    recycling  programs  (including  one from a municipality with
27    more than a million  people),  one  person  representing  the
28    retail  industry, one person representing a consumer group, 2
29    persons  representing  the  waste  management  industry,  one
30    person  representing  a  recycling  firm,  and   one   person
31    representing  a  citizens'  group active in local solid waste
32    issues.
                            -15-               LRB9000820SMdv
 1        (b)  The  Task  Force  shall  prepare  a  report  of  its
 2    findings and recommendations and shall present the report  to
 3    the  Governor  and the General Assembly on or before April 1,
 4    1993. Among other things, the Task Force shall evaluate:
 5             (1)  collection, storage, and processing systems for
 6        the recycling and proper management of  common  household
 7        batteries  and rechargeable battery products generated by
 8        consumers,  businesses,  institutions,  and  governmental
 9        units;
10             (2)  public education programs  that  promote  waste
11        reduction,  reuse, and recycling strategies for household
12        batteries;
13             (3)  disposal bans on specific  household  batteries
14        or rechargeable battery products;
15             (4)  management  options  for rechargeable tools and
16        appliances;
17             (5)  technical and financial assistance programs for
18        local governments;
19             (6)  guidelines and  regulations  for  the  storage,
20        transportation, and disposal of household batteries;
21             (7)  labeling  requirements  for household batteries
22        and battery packaging;
23             (8)  metal content limits and sale restrictions  for
24        carbon-zinc, nickel-cadmium, and button batteries;
25             (9)  market   development   options   for  materials
26        recovered from household batteries;
27             (10)  industry   waste    reduction    developments,
28        including  substitution  of longer-life, rechargeable and
29        recyclable   batteries,   substitution   of   alternative
30        products which do not require batteries, increased use of
31        power-source adapters, and use of  replaceable  batteries
32        in battery-powered appliances; and
33             (11)  the  feasibility  of  reverse  distribution of
34        batteries.
                            -16-               LRB9000820SMdv
 1        The  Task  Force  shall  review,  evaluate,  and  compare
 2    existing  battery  management  and  collection  systems   and
 3    studies  including those used from other states, the European
 4    Community, and other major industrial nations. The Task Force
 5    shall consult with manufacturers and the public to  determine
 6    the  most  cost  effective  and  efficient  means for battery
 7    management.
 8    (Source: P.A. 87-1250; 88-45.)
 9        Section  35.  The  Hazardous  Waste  Technology  Exchange
10    Service Act is amended by changing Sections 3, 4, 5, and 6 as
11    follows:
12        (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
13        Sec. 3.  For the purposes of this Act, unless the context
14    otherwise requires:
15        (a)  "Board" means the Board  of  Natural  Resources  and
16    Conservation of the Department of Natural Resources.
17        (b)  "Center"  means  the  Waste  Management and Research
18    Hazardous  Waste  Research  and  Information  Center  of  the
19    Department of Natural Resources.
20        (c)  "Department"  means  the   Department   of   Natural
21    Resources.
22    (Source: P.A. 89-445, eff. 2-7-96.)
23        (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
24        Sec.  4. Waste Management and Research Center. As soon as
25    may be practicable after the effective date of this Act,  the
26    Department  shall  establish  a  Hazardous Waste Research and
27    Information Center. On and after the effective date  of  this
28    amendatory  Act  of  1997,  that Center shall be known as the
29    Waste Management and Research Center.
30    (Source: P.A. 86-652.)
                            -17-               LRB9000820SMdv
 1        (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
 2        Sec. 5. Duties of Center; Industrial Advisory Committee.
 3        (a)  The Waste Management and  Research  Hazardous  Waste
 4    Research and Information Center shall:
 5             (1)  Conduct  educational  programs  to  further the
 6        exchange of  information  to  reduce  the  generation  of
 7        hazardous wastes or to treat or dispose of such wastes so
 8        as to make them nonhazardous.
 9             (2)  Provide  a  technical  information  service for
10        industries involved  in  the  generation,  treatment,  or
11        disposal of hazardous wastes.
12             (3)  Disseminate  information  regarding advances in
13        hazardous waste management technology  which  could  both
14        protect    the   environment   and   further   industrial
15        productivity.
16             (4)  Provide research in areas related to  reduction
17        of   the   generation  of  hazardous  wastes;  treatment,
18        recycling and reuse; and other issues which the Board may
19        suggest.
20             (5)  Provide other services as deemed  necessary  or
21        desirable by the Board.
22             (6)  Submit   a   biennial  report  to  the  General
23        Assembly on Center activities.
24        (b)  The Director of the Department shall be  responsible
25    for the administration of the Center.
26        (c)  The  Department  shall have the authority to accept,
27    receive and administer on behalf of the  Center  any  grants,
28    gifts or other funds made available for purposes of this Act.
29        (d)  The  Board  shall  (1) provide policy guidelines and
30    goals for the Center; (2) approve the  Center's  budget;  (3)
31    approve  any  reports; and (4) otherwise direct the Center in
32    accordance with its statutory powers and duties contained  in
33    Section  6  of  "An  Act  in  relation  to natural resources,
34    research,  data  collection   and   environmental   studies",
                            -18-               LRB9000820SMdv
 1    approved July 14, 1978, as amended.
 2        (e)  The  Director  shall  appoint an Industrial Advisory
 3    Committee which  shall  be  composed  of  representatives  of
 4    industries which are involved in the generation, treatment or
 5    disposal   of   hazardous   waste,   or   representatives  of
 6    organizations of such industries.  To  the  extent  possible,
 7    the  Director  shall  choose  members  representing large and
 8    small industries from all geographical areas  of  the  State.
 9    Members of the Industrial Advisory Committee shall receive no
10    compensation  but  may  be reimbursed for reasonable expenses
11    incurred in carrying out their duties.
12        The  Industrial  Advisory  Committee  shall  advise   the
13    Department  on programs, services and activities necessary to
14    assist large and small businesses in  economically  reducing,
15    through source reduction, treatment and recycling, the amount
16    and  toxicity  of  hazardous waste to be disposed of on or in
17    the land.
18    (Source: P.A. 86-652.)
19        (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
20        Sec. 6. Appropriations.  For the purpose  of  maintaining
21    the  Waste  Management  and Research Hazardous Waste Research
22    and Information Center, paying the expenses and providing the
23    facilities and structures  incident  thereto,  appropriations
24    shall  be  made to the Department, payable from the Hazardous
25    Waste Research Fund and other funds in the State Treasury.
26    (Source: P.A. 86-652.)
27        Section 40.  The State Finance Act is amended by changing
28    Section 6z-32 as follows:
29        (30 ILCS 105/6z-32)
30        Sec. 6z-32. Conservation 2000.
31        (a)  The Conservation 2000 Fund and the Conservation 2000
                            -19-               LRB9000820SMdv
 1    Projects Fund are created  as  special  funds  in  the  State
 2    Treasury.    These   funds  shall  be  used  to  establish  a
 3    comprehensive program to protect Illinois' natural  resources
 4    through cooperative partnerships between State government and
 5    public  and private landowners.  Moneys in these Funds may be
 6    used,  subject  to  appropriation,   by   the   Environmental
 7    Protection   Agency   and  the  Departments  of  Agriculture,
 8    Conservation,   Energy    and    Natural    Resources,    and
 9    Transportation  for  purposes  relating  to  natural resource
10    protection, recreation, tourism, and compatible  agricultural
11    and  economic development activities.  Without limiting these
12    general purposes, moneys in these Funds may be used,  subject
13    to appropriation, for the following specific purposes:
14             (1)  To foster sustainable agriculture practices and
15        control  soil erosion and sedimentation, including grants
16        to Soil and Water Conservation Districts for conservation
17        practice   cost-share   grants   and    for    personnel,
18        educational, and administrative expenses.
19             (2)  To establish and protect a system of ecosystems
20        in  public  and  private  ownership  through conservation
21        easements, incentives to public and  private  landowners,
22        including  technical  assistance  and  grants,  and  land
23        acquisition  provided  these mechanisms are all voluntary
24        on the part of the landowner and do not involve  the  use
25        of eminent domain.
26             (3)  To  develop  a systematic and long-term program
27        to effectively measure and monitor natural resources  and
28        ecological  conditions  through investments in technology
29        and involvement of scientific experts.
30             (4)  To initiate strategies  to  enhance,  use,  and
31        maintain   Illinois'   inland  lakes  through  education,
32        technical assistance, research, and financial incentives.
33             (5)  To conduct  an  extensive  review  of  existing
34        Illinois water laws.
                            -20-               LRB9000820SMdv
 1        (b)  The  State  Comptroller  and  State  Treasurer shall
 2    automatically  transfer  on  the  last  day  of  each  month,
 3    beginning on September 30, 1995 and ending on June 30,  2001,
 4    from  the General Revenue Fund to the Conservation 2000 Fund,
 5    an amount equal to 1/10 of the  amount  set  forth  below  in
 6    fiscal  year  1996  and an amount equal to 1/12 of the amount
 7    set forth below in each of the other specified fiscal years:
 8             Fiscal Year              Amount
 9               1996                  $ 3,500,000
10               1997                  $ 9,000,000
11               1998                  $10,000,000
12               1999                  $11,000,000
13               2000                  $12,500,000
14               2001                  $14,000,000
15        (c)  There shall be deposited into the Conservation  2000
16    Projects  Fund  such  bond  proceeds and other moneys as may,
17    from time to time, be provided by law.
18    (Source: P.A. 89-49, eff. 6-29-95;  89-626,  8-9-96;  revised
19    12-10-96.)
20        Section  45.  The  Illinois  Pension  Code  is amended by
21    changing Section 15-106 as follows:
22        (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
23        Sec. 15-106.  Employer.  "Employer":  The  University  of
24    Illinois,   Southern   Illinois   University,  Chicago  State
25    University,  Eastern  Illinois  University,  Governors  State
26    University, Illinois State University, Northeastern  Illinois
27    University,  Northern  Illinois  University, Western Illinois
28    University, the State Board of Higher Education, the Illinois
29    Mathematics and Science Academy, the State Geological  Survey
30    Division  of  the  Department of Natural Resources, the State
31    Natural History Survey Division of the Department of  Natural
32    Resources,  the State Water Survey Division of the Department
                            -21-               LRB9000820SMdv
 1    of Natural  Resources,  the  Waste  Management  and  Research
 2    Hazardous  Waste  Research  and  Information  Center  of  the
 3    Department of Natural Resources, the University Civil Service
 4    Merit  Board, the Board of Trustees of the State Universities
 5    Retirement System,  the  Illinois  Community  College  Board,
 6    State  Community College of East St. Louis, community college
 7    boards, any association of community college boards organized
 8    under Section 3-55 of the Public Community College Act,  and,
 9    only  during  the  period  for  which  employer contributions
10    required  under  Section  15-155  are  paid,  the   following
11    organizations:  the  alumni associations, the foundations and
12    the athletic  associations  which  are  affiliated  with  the
13    universities   and  colleges  included  in  this  Section  as
14    employers. A department as defined in Section 14-103.04 is an
15    employer for any person appointed by the Governor  under  the
16    Civil  Administrative  Code  of  Illinois  the State who is a
17    participating employee as defined in Section 15-109.
18    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
19        Section 50. The Civil Administrative Code of Illinois  is
20    amended by changing Section 62 as follows:
21        (110 ILCS 355/62) (from Ch. 127, par. 62)
22        Sec.  62.  Retention of duties by University of Illinois.
23    Unless otherwise provided by law, the  functions  and  duties
24    formerly  exercised  by  the  State  entomologist,  the State
25    laboratory of natural history, the State water survey and the
26    State geological survey and vested in the Illinois Department
27    of Natural Resources, and the functions  and  duties  of  the
28    Waste  Management  and  Research Hazardous Waste Research and
29    Information Center and its Hazardous Materials Laboratory  as
30    authorized by the Hazardous Waste Technology Exchange Service
31    Act,  approved  September  16,  1984,  as  now  or  hereafter
32    amended,  shall continue to be exercised at the University of
                            -22-               LRB9000820SMdv
 1    Illinois in buildings and places  provided  by  the  trustees
 2    thereof.
 3    (Source: P.A. 89-445, eff. 2-7-96.)
 4        Section 55. The Surface Coal Mining Land Conservation and
 5    Reclamation  Act  is amended by changing Sections 1.03, 1.04,
 6    1.05, 2.08, 6.07, 6.08, 7.03, 7.04, and 9.01 as follows:
 7        (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
 8        Sec. 1.03.  Definitions.
 9        (a)  Whenever used or referred to in this Act,  unless  a
10    different meaning clearly appears from the context;
11             (1)  "Affected land" means:
12                  (A)  in   the   context   of   surface   mining
13             operations,   the   areas   described   in   Section
14             1.03(a)(24)(B), and
15                  (B)  in   the  context  of  underground  mining
16             operations, surface areas on which  such  operations
17             occur  or  where such activities disturb the natural
18             land surface.
19             (2)  "Approximate  original  contour"   means   that
20        surface configuration achieved by backfilling and grading
21        of  the  mined area so that the reclaimed area, including
22        any terracing or  access  roads,  closely  resembles  the
23        general surface configuration of the land prior to mining
24        and  blends into and compliments  the drainage pattern of
25        the surrounding terrain, with  all  highwalls  and  spoil
26        piles eliminated.
27             (3)  "Article" means an article of this Act.
28             (4)  "Department"  means  the  Department of Natural
29        Resources, or such department, bureau, or  commission  as
30        may  lawfully  succeed  to  the powers and duties of such
31        Department.
32             (5)  "Director" means the Director of the Department
                            -23-               LRB9000820SMdv
 1        or such officer, bureau or  commission  as  may  lawfully
 2        succeed to the powers and duties of such Director.
 3             (6)  "Federal  Act" means the Federal Surface Mining
 4        Control and Reclamation Act of 1977 (Public Law 95-87).
 5             (7)  "Imminent danger to the health  and  safety  of
 6        the  public"  means  the  existence  of  any condition or
 7        practice,  or  any  violation  of  a  permit   or   other
 8        requirement  of  this  Act  in  a  mining and reclamation
 9        operation, which condition, practice, or violation  could
10        reasonably be expected to cause substantial physical harm
11        to persons outside the permit area before such condition,
12        practice,  or  violation  can  be  abated.   A reasonable
13        expectation of death or serious injury  before  abatement
14        exists  if  a  rational  person,  subjected  to  the same
15        conditions or practices giving rise to the  peril,  would
16        not   expose  himself  to  the  danger  during  the  time
17        necessary for abatement.
18             (8)  (Blank).
19             (9)  "Interagency Committee" means  the  Interagency
20        Committee  on  Surface    Mining  Control and Reclamation
21        created by Section 1.05.
22             (9-a)  "Lands eligible  for  remining"  means  those
23        lands  that  would otherwise be eligible for expenditures
24        under the Abandoned Mined  Lands  and  Water  Reclamation
25        Act.
26             (10)  "Mining   and  reclamation  operations"  means
27        mining  operations  and  all  activities  necessary   and
28        incident to the reclamation of such operations.
29             (11)  "Mining  operations" means both surface mining
30        operations and underground mining operations.
31             (12)  "Operator" means any person  engaged  in  coal
32        mining,  and  includes  political  subdivisions, units of
33        local government and instrumentalities of  the  State  of
34        Illinois, and public utilities.
                            -24-               LRB9000820SMdv
 1             (13)  "Permit" means a permit or a revised permit to
 2        conduct  mining  operations and reclamation issued by the
 3        Department under this Act.
 4             (14)  "Permit  applicant"  or  "applicant"  means  a
 5        person applying for a permit.
 6             (15)  "Permit application" or "application" means an
 7        application for a permit under this Act.
 8             (16)  "Permit area" means the land described in  the
 9        permit.
10             (17)  "Permittee" means a person holding a permit.
11             (18)  "Permit  term"  means  the period during which
12        the permittee may engage in  mining  operations  under  a
13        permit.
14             (19)  "Person"  means  an  individual,  partnership,
15        copartnership, firm, joint venture, company, corporation,
16        association,   joint   stock   company,   trust,  estate,
17        political subdivision, or any  other  public  or  private
18        legal  entity,  or  their  legal representative, agent or
19        assigns.
20             (20)  "Reclamation"   means    conditioning    areas
21        affected  by mining operations to achieve the purposes of
22        this Act.
23             (21)  "Reclamation plan" means a plan  described  in
24        Section 2.03.
25             (22)  "Regulations"  means  regulations  promulgated
26        under the Federal Act.
27             (23)  "Section" means a section of this Act.
28             (24)  "Surface    mining   operations"   means   (A)
29        activities  conducted  on  the  surface   of   lands   in
30        connection   with   a   surface   coal  mine  or  surface
31        operations.  Such activities include excavation  for  the
32        purpose  of  obtaining coal including such common methods
33        as contour, strip, auger, mountaintop removal,  box  cut,
34        open  pit, and area mining, coal recovery from coal waste
                            -25-               LRB9000820SMdv
 1        disposal areas, the uses of explosives and blasting,  and
 2        in  situ  distillation  or  retorting,  leaching or other
 3        chemical  or  physical  processing,  and  the   cleaning,
 4        concentrating,   or   other  processing  or  preparation,
 5        loading of coal at or near the mine  site;  and  (B)  the
 6        areas  on  which  such  activities  occur  or  where such
 7        activities disturb the natural land surface.  Such  areas
 8        include  any adjacent land the use of which is incidental
 9        to  any  such  activities,  all  lands  affected  by  the
10        construction of new roads or the improvement  or  use  of
11        existing  roads  to  gain  access  to  the  site  of such
12        activities and for haulage,  and  excavations,  workings,
13        impoundments,  dams,  refuse  banks,  dumps,  stockpiles,
14        overburden  piles,  spoil  banks,  culm  banks, tailings,
15        holes  or  depressions,  repair  areas,  storage   areas,
16        processing  areas,  shipping  areas  and other areas upon
17        which are sited structures, facilities, or other property
18        or materials on the surface, resulting from  or  incident
19        to such activities.
20             (25)  "Toxic  conditions" and "toxic materials" mean
21        any conditions and materials that will not support higher
22        forms of plant or animal life in any place in  connection
23        with   or  as  a  result  of  the  completion  of  mining
24        operations.
25             (26)  "Underground  mining  operations"  means   the
26        underground excavation of coal and (A) surface operations
27        incident  to  the underground extraction of coal, such as
28        construction, use, maintenance, and reclamation of roads,
29        above-ground  repair  areas,  storage  areas,  processing
30        areas, shipping areas, areas on which are  sited  support
31        facilities  including  hoist and ventilation ducts, areas
32        used for the storage and disposal of waste, and areas  on
33        which materials incident to underground mining operations
34        are  placed,  and  (B) underground operations incident to
                            -26-               LRB9000820SMdv
 1        underground  excavation  of  coal,  such  as  underground
 2        construction,  operation,  and  reclamation  of   shafts,
 3        adits,    underground   support   facilities,   in   situ
 4        processing, and underground mining, hauling, storage,  or
 5        blasting.
 6             (27)  "Unwarranted  failure  to  comply"  means  the
 7        failure of a permittee to prevent the occurrence of or to
 8        abate  any  violation of his permit or any requirement of
 9        this Act due to indifference, lack of diligence, or  lack
10        of reasonable care.
11        The  Department  shall by rule define other terms used in
12    this Act if necessary or desirable to achieve the purposes of
13    this Act.
14    (Source: P.A. 89-445, eff. 2-7-96.)
15        (225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04)
16        Sec. 1.04.  Advisory Council on Reclamation.
17        (a)  There is created the Surface Mining Advisory Council
18    to consist of 9 members, plus the  Director  or  his  or  her
19    designee.  Members of the Advisory Council shall be appointed
20    by the Governor, with the advice and consent of  the  Senate.
21    The  members  appointed  to  the  Council shall represent the
22    following interests: conservation, agriculture, surface  coal
23    mining  industry, local government, environmental protection,
24    the  colleges  and  universities,  underground  coal   mining
25    industry,  labor,  and the general public.  The members shall
26    be knowledgeable concerning the nature of problems of  mining
27    operations  and  reclamation.   The Council shall select from
28    its members a chairperson and such other officers as it deems
29    necessary.  The term of membership on  the  Advisory  Council
30    shall  be  3 years, except that the Governor may make initial
31    appointments or fill vacancies for lesser terms  so  that  at
32    least   3  memberships  expire  annually.    Members  may  be
33    reappointed. Vacancies  occurring  on  the  Advisory  Council
                            -27-               LRB9000820SMdv
 1    shall  be  filled,  as  nearly  as  possible,  with  a person
 2    representing the interest of his or her  predecessor  on  the
 3    Advisory Council.  Members of the Council shall be reimbursed
 4    for   ordinary   and   necessary  expenses  incurred  in  the
 5    performance of the Council's duties.  Members of the  Council
 6    shall,  in addition, receive $100 a day for each day spent in
 7    the performance of their duties as Advisory Council members.
 8        (b)  The Advisory Council shall meet at least 3 times  in
 9    each  calendar  year on a date specified at least one week in
10    advance of the meeting.  A  meeting  may  be  called  by  the
11    Director  or on the request of a majority of Advisory Council
12    members.
13        (c)  The Council shall act solely as an advisory body  to
14    the  Director  and  to  the  Land Reclamation Division of the
15    Office of Mines and  Minerals  within  the  Department.   The
16    recommendations  of  the Council shall have no binding effect
17    on the Director or on the Division of Land Reclamation.   The
18    advice,  findings and recommendations of the Advisory Council
19    shall be made public in a semi-annual report published by the
20    Department.
21        (d)  The Department shall present proposed rules  related
22    to  this  Act,  and  proposed  changes  in such rules, to the
23    Advisory Council for its comments before putting  such  rules
24    or changes into effect, except for circumstances of emergency
25    or other circumstances enumerated in subsection 5(b), (d) and
26    (e) of The Illinois Administrative Procedure Act.
27        (e)  The  Council  shall  review  the Federal Act and the
28    development and implementation of an approved permanent State
29    program thereunder.  The Council shall make  its  review  and
30    written  recommendations  to  the  Director.  The Council may
31    seek comment from affected persons and the  public  prior  to
32    making its recommendations.
33        (f)  If  as  a result of any final action by the Congress
34    of the United States, any agency of the United States, or any
                            -28-               LRB9000820SMdv
 1    court, any provision of the Federal Act or the Regulations is
 2    amended, modified, construed,  or  rendered  inapplicable  to
 3    mining and reclamation operations in this State, the Director
 4    shall  forthwith  call a meeting of the Council.  The Council
 5    shall review such final action and its effect in this  State.
 6    The Council shall recommend changes in this Act and the rules
 7    adopted  under this Act which would cause application of this
 8    Act to reflect such final action.  Pending  formal  amendment
 9    of  this  Act  for  reason  stated  in  this  subsection, the
10    Director may administer this Act by emergency regulations  in
11    accordance  with  the  purposes  of  this Act and in a manner
12    consistent with any such final action of Congress, a  federal
13    agency or a court.
14    (Source: P.A. 81-1015.)
15        (225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
16        Sec.  1.05.  Interagency Committee.  There is created the
17    Interagency  Committee  on   Surface   Mining   Control   and
18    Reclamation, which shall consist of the Director (or Division
19    Head)  of  each  of  the  following  State agencies:  (a) the
20    Department of Agriculture, (b) the  Environmental  Protection
21    Agency, (c) the Department of Commerce and Community Affairs,
22    and  (d) any other State Agency designated by the Director as
23    having a programmatic role in the  review  or  regulation  of
24    mining operations and reclamation whose comments are expected
25    by the Director to be relevant and of material benefit to the
26    process  of reviewing permit applications under this Act. The
27    Interagency  Committee  on   Surface   Mining   Control   and
28    Reclamation  shall  be  abolished on June 30, 1997. Beginning
29    July 1, 1997, all programmatic functions  formerly  performed
30    by  the  Interagency  Committee on Surface Mining Control and
31    Reclamation shall be performed by the  Office  of  Mines  and
32    Minerals  within  the Department of Natural Resources, except
33    as otherwise provided by Section 9.04 of this Act.
                            -29-               LRB9000820SMdv
 1    (Source: P.A. 89-445, eff. 2-7-96.)
 2        (225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08)
 3        Sec.  2.08.   Standards  for  approval  of  permits   and
 4    revisions.
 5        (a)  On  the  basis  of  a  complete  application,  or  a
 6    revision  thereof,  and  after  completion  of the procedures
 7    required by Section 2.04, the Department shall grant, require
 8    modification of, or  deny  the  application.   The  applicant
 9    shall  have  the  burden of establishing that its application
10    complies with all the requirements of this Act.
11        (b)  No permit or revised permit shall be  issued  unless
12    the   application   affirmatively   demonstrates,   and   the
13    Department  finds  that  (1)  the application is accurate and
14    complete and that all the requirements of this Act have  been
15    complied  with;  (2)  the  applicant  has  demonstrated  that
16    reclamation as required by this Act can be accomplished under
17    this  reclamation plan and that completion of the reclamation
18    plan will in fact comply with  every  applicable  performance
19    standard  of  this  Act;  (3)  the assessment of the probable
20    cumulative impact of all anticipated mining in  the  area  on
21    the  hydrologic  balance  specified by the Department by rule
22    has been made by  the  Department  and  the  proposed  mining
23    operation  has  been  designed  to prevent material damage to
24    hydrologic balance outside the permit area; and (4) the  area
25    proposed   to  be  mined  is  not  included  within  an  area
26    designated unsuitable for surface coal mining  under  Article
27    VII   and  is  not  within  an  area  under  study  for  such
28    designation in an administrative proceeding  commenced  under
29    Article  VII.   Except for operations subject to exemption by
30    Section 510(d)(2) of the Federal Act (PL95-87), a  permit  or
31    revised permit for mining operations on prime farmland may be
32    issued  only if the Department also finds in writing that the
33    operator has the technological  capability  to  restore  such
                            -30-               LRB9000820SMdv
 1    mined area, within a reasonable time, to equivalent or higher
 2    levels   of   yield   as  non-mined  prime  farmland  in  the
 3    surrounding area under equivalent levels  of  management  and
 4    can  meet  the soil reconstruction standards in Section 3.07.
 5    Such findings shall be made in accordance with standards  and
 6    procedures adopted by the Department by rule.  The Department
 7    shall  make  the  findings  required  by  this  subsection in
 8    writing on the basis of the  information  set  forth  in  the
 9    application, or from information otherwise available which is
10    described  in the Department's findings and made available to
11    the applicant and the public.
12        (c)  A permit or revised permit may be issued only  after
13    the  Department  considers  in  writing any comments filed by
14    members of the Interagency Committee and County Boards.  When
15    a complete application is received by the Department, a  copy
16    of  it  shall  be  provided to each member of the Interagency
17    Committee.  Members of the Interagency Committee shall review
18    and comment on protection of  the  hydrologic  system,  water
19    pollution   control,  the  reclamation  plan,  soil  handling
20    techniques, dams and impoundments and  postmining  land  use.
21    Comments  on the application shall be in writing and shall be
22    filed with the Department  within  45  days.   Each  member's
23    comments  shall  be  based  on  factual,  legal and technical
24    considerations  with  respect  to  which   his   agency   has
25    authority,  and  which  shall  be  set  forth  in writing.  A
26    member who does not comment within 45 days shall be deemed to
27    have waived his right to comment under this subsection.   The
28    Department  shall  file  comments  received  from Interagency
29    Committee members at the same locations at which  the  permit
30    application  is available for public inspection in accordance
31    with Section 2.04.
32        (d)  If information available to the Department indicates
33    that  any  mining  operation  owned  or  controlled  by   the
34    applicant is currently in violation of this Act or other laws
                            -31-               LRB9000820SMdv
 1    pertaining  to  air  or  water  environmental protection, the
 2    permit shall not be issued until the applicant submits  proof
 3    that  such  violation has been corrected or is in the process
 4    of being corrected to the satisfaction of the Department,  or
 5    of  the department or agency which has jurisdiction over such
 6    violation.  No permit shall be issued to an applicant after a
 7    finding by the Department,  after  opportunity  for  hearing,
 8    that   the  applicant,  or  the  operator  specified  in  the
 9    application, controls or  has  controlled  mining  operations
10    with  a    demonstrated  pattern  of wilful violations of the
11    Federal Act or this Act of such nature and duration and  with
12    such  resulting  irreparable  damage to the environment as to
13    indicate an intent not to comply with the provisions  of  the
14    Federal Act or this Act.
15        (e)  After  the  effective date of this amendatory Act of
16    1997, the prohibition of subsection (d) shall not apply to  a
17    permit  application  due  to  any violation resulting from an
18    unanticipated event or condition at  a  surface  coal  mining
19    operation  on lands eligible for remining under a permit held
20    by the person making such application.
21        As used in this subsection:
22             (1)  "unanticipated event  or  condition"  means  an
23        event  or  condition  encountered in a remining operation
24        that was not contemplated in the applicable surface  coal
25        mining and reclamation permit; and
26             (2)  "violation"  has  the same meaning as such term
27        has under subsection (d).
28    (Source: P.A. 81-1015.)
29        (225 ILCS 720/6.07) (from Ch. 96 1/2, par. 7906.07)
30        Sec. 6.07.  Forfeiture.
31        (a)  The Attorney General, on request of the  Department,
32    shall  institute proceedings to have the bond of the operator
33    forfeited for  violation  by  the  operator  of  any  of  the
                            -32-               LRB9000820SMdv
 1    provisions  of  this Act or for noncompliance with any lawful
 2    rule or regulation promulgated by the Department  thereunder.
 3    Before  making  such  request  of  the  Attorney General, the
 4    Department shall  notify  the  operator  in  writing  of  the
 5    alleged  violation  or  non-compliance  and  shall afford the
 6    operator the right to  appear  before  the  Department  at  a
 7    hearing to be held not less than 30 days after the receipt of
 8    such notice by the operator.  At the hearing the operator may
 9    present  for  the consideration of the Department statements,
10    documents and other information with respect to  the  alleged
11    violation.    After   the  conclusion  of  the  hearing,  the
12    Department shall either withdraw the notice of  violation  or
13    shall  request  the Attorney General to institute proceedings
14    to have the bond of the operator forfeited  as  to  the  land
15    involved.
16        (b)  The  Department  shall  prescribe by rule the events
17    and conditions on the basis  of  which  it  may  request  the
18    Attorney  General  to  institute bond forfeiture proceedings.
19    Such rules shall be no less stringent than the Regulations.
20        (c)  In  the  event  that  the  Department  requests  the
21    Attorney General to institute proceedings to  have  the  bond
22    forfeited,  the Department shall send written notification to
23    the permittee and, if applicable, the  surety  on  the  bond,
24    stating  the  reasons  for  its decision and the amount to be
25    forfeited.
26        (d)  The amount of  forfeiture  shall  be  based  on  the
27    actual  cost of the necessary work by a third party to remedy
28    the violation, except that the amount shall  not  exceed  the
29    amount  of  the  bond  or  deposit  for the area in which the
30    violation occurred.
31        (e)  Any operator  against  whom  forfeiture  proceedings
32    have  been  required shall not be issued a permit for further
33    mining in Illinois unless he provides  additional  assurances
34    satisfactory to the Department that such proceedings will not
                            -33-               LRB9000820SMdv
 1    again become necessary.
 2        (f)  In  the event the bond or deposit for a surface coal
 3    mining operation on lands eligible for remining is forfeited,
 4    funds appropriated for expenditure under the Abandoned  Mined
 5    Lands  and Water Reclamation Act may be used if the amount of
 6    the bond or deposit is not sufficient to provide for adequate
 7    reclamation or abatement.
 8    (Source: P.A. 81-1015.)
 9        (225 ILCS 720/6.08) (from Ch. 96 1/2, par. 7906.08)
10        Sec. 6.08.  Release of bonds.
11        (a)  A permittee may file a request with  the  Department
12    for  the  release  of  all  or  part of a performance bond or
13    deposit.
14    Within 30 days after an application for such release has been
15    filed with the Department, the operator shall submit  a  copy
16    of  a  public  notice  placed  at  least  once  a  week for 4
17    successive weeks in a newspaper of general circulation in the
18    locality of the mining operation.  Such public  notice  shall
19    be  considered part of the bond release application and shall
20    contain a notification of the precise location  of  the  land
21    affected, the number of acres, the permit and the date it was
22    approved, the amount of the bond filed and the portion sought
23    to be released, the type and approximate dates of reclamation
24    work  performed, and a description of the results achieved as
25    they relate  to  the  operator's  approved  reclamation.   In
26    addition,  as  part  of  any  bond  release  application, the
27    applicant shall submit copies of letters which he has sent to
28    adjoining property owners, local governmental bodies,  county
29    boards,  planning  agencies,  and  sewage and water treatment
30    authorities, or water companies in the locality in which  the
31    mining  and reclamation operations took place, notifying them
32    of his intention to seek release from the bond.
                            -34-               LRB9000820SMdv
 1        (b)  Within 30 days after receipt of the notification and
 2    request, the  Department  shall  conduct  an  inspection  and
 3    evaluation of the reclamation work involved.  Such evaluation
 4    shall  consider, among other things, the degree of difficulty
 5    to complete any remaining reclamation, whether  pollution  of
 6    surface and subsurface water is occurring, the probability of
 7    continuance  or  future occurrence of such pollution, and the
 8    estimated cost of abating such pollution.
 9        (c)  Any person with a valid legal interest  which  might
10    be  adversely  affected by release of the bond or deposit, or
11    the responsible officer or head of  any  Federal,  State,  or
12    local  governmental  agency  which has jurisdiction by law or
13    special expertise with respect to any environmental,  social,
14    or   economic   impact  involved  in  the  operation,  or  is
15    authorized to develop  and  enforce  environmental  standards
16    with  respect to such operations, may file written objections
17    to the proposed release with the Department  within  30  days
18    after   the  last  publication  of  the  notice  provided  in
19    subsection (a) of this Section.  If  written  objections  are
20    filed,  and  a  hearing  is  requested,  the Department shall
21    inform all interested parties of the time and  place  of  the
22    hearing,  and  shall hold a public hearing in the locality of
23    the mining operation proposed for  bond  or  deposit  release
24    within  30  days  after the request for such hearing.  At the
25    option of an objector, hearings shall be held  at  the  State
26    capital.   The  Department shall advertise the date, time and
27    location of such public hearings in a  newspaper  of  general
28    circulation in the locality for 2 consecutive weeks.
29        (d)  The  Department may release in whole or in part said
30    bond  or  deposit  if  the  Department   is   satisfied   the
31    reclamation covered by the bond or deposit or portion thereof
32    has  been  accomplished  as required by this Act according to
33    the following schedule:
34        (1)  When  the  operator   completes   the   backfilling,
                            -35-               LRB9000820SMdv
 1    regrading,   and   drainage  control  of  a  bonded  area  in
 2    accordance with an approved reclamation plan, a maximum of 60
 3    per cent of the bond or collateral for the applicable  permit
 4    area may be released.
 5        (2)  After  revegetation  has  been  established  on  the
 6    regraded   mined   lands  in  accordance  with  the  approved
 7    reclamation plan, an additional amount of the bond or deposit
 8    may be released.  When determining  the  amount  of  bond  or
 9    deposit to be released after successful revegetation has been
10    established,  the Department shall retain that amount of bond
11    or deposit for the revegetated area which would be sufficient
12    for  a  third  party  to  pay  the  cost  of   reestablishing
13    revegetation  and  for  the  period  specified  for  operator
14    responsibility.    No  part  of  the bond or deposit shall be
15    released under this paragraph so long as the lands  to  which
16    the  release  would  be applicable are contributing suspended
17    solids to streamflow or runoff outside  the  permit  area  in
18    excess  of  the  requirements  set  by this Act or until soil
19    productivity for prime farmlands has returned  to  equivalent
20    levels of yield as nonmined land of the same soil type in the
21    surrounding area under equivalent management practices.
22        (3)  When  the  operator  has  successfully completed all
23    mining and reclamation activities, the remaining  portion  of
24    the  bond  may  be released, but not before the expiration of
25    the period specified for operator responsibility.
26        (4)  No  bond  shall  be   fully   released   until   all
27    reclamation requirements of the permit and this Act are fully
28    met.
29        (e)  The Department shall notify the permittee in writing
30    of  its  decision to release or not to release all or part of
31    the performance bond or deposit (1) within 60 days after  the
32    filing  of  the  request,  if no public hearing is held under
33    subsection (c) of this Section, or (2) if  a  public  hearing
34    has been held under subsection (c) of this Section, within 30
                            -36-               LRB9000820SMdv
 1    days thereafter.
 2        (f)  If  the  Department  disapproves the application for
 3    release of the  bond  or  deposit  or  portion  thereof,  the
 4    Department shall state in writing the reasons for disapproval
 5    and  shall  recommend  corrective actions necessary to secure
 6    said release.  An opportunity for a public hearing  shall  be
 7    provided.
 8        (g)  If the Department approves the application, it shall
 9    notify  the  municipality  and  county  in  which  the mining
10    operation is located by certified mail at least 30 days prior
11    to the release of all or a portion of the bond or deposit.
12        (h)  The Department may by rule  provide  procedures  for
13    the  administration of this Section, including procedures for
14    hearings and informal conferences.
15        (i)  Surface coal mining operations on lands eligible for
16    remining shall not affect the eligibility of those lands  for
17    reclamation  and  restoration under the Abandoned Mined Lands
18    and Water Reclamation Act after the release of  the  bond  or
19    deposit for any such operation under this Section.
20    (Source: P.A. 81-1509.)
21        (225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03)
22        Sec. 7.03.  Procedure for designation.
23        (a)  Any  person  having  an  interest which is or may be
24    adversely affected shall  have  the  right  to  petition  the
25    Department  to  have an area designated as unsuitable for all
26    or certain types of mining operations,  or  to  have  such  a
27    designation   terminated.   Such  a  petition  shall  contain
28    allegations of facts with  supporting  evidence  which  would
29    tend to establish the allegations.
30        (b)  Immediately  after  a petition under this Section is
31    received, the Department  shall  prepare  a  land  report  in
32    accordance with Section 7.04, unless the petition is rejected
33    by the Department as incomplete, frivolous, or submitted by a
                            -37-               LRB9000820SMdv
 1    person  lacking  an  interest  which  is  or may be adversely
 2    affected by surface coal mining operations.
 3        (c)  Within 10 months after receipt of the petition,  the
 4    Department shall hold a public hearing in the locality of the
 5    affected  area,  after  appropriate notice and publication of
 6    the date, time, and location of such hearing.    Such  notice
 7    and  publication  shall state that a Land Report is available
 8    for public inspection and the locations at which  it  may  be
 9    inspected.   Such  a  hearing  shall be held not less than 30
10    days  after  the  Land  Report  has  been  prepared  by   the
11    Department  in  accordance with Section 7.04.  After petition
12    is filed under this  Section  and  before  the  hearing,  any
13    person  may  intervene  by  filing  allegations of facts with
14    supporting  evidence  which  would  tend  to  establish   the
15    allegations.
16        (d)  Within  60  days  after such hearing, the Department
17    shall issue and furnish  to  the  petitioner  and  all  other
18    parties  to  the  hearing,  a  written decision regarding the
19    petition, and the reasons therefor.
20        (e)  In the event  that  all  the  petitioners  stipulate
21    agreement  prior to the requested hearing, and withdraw their
22    request, such hearing need not be held.
23        (f)  The  Department  may  by   rule   adopt   additional
24    procedures  for designation of lands under this Article.  The
25    Department  shall  adopt  rules  to  prevent  the  filing  of
26    repetitive or frivolous petitions with respect to  particular
27    lands, and prescribing procedures for expediting decisions on
28    repetitive or frivolous petitions.
29    (Source: P.A. 89-445, eff. 2-7-96.)
30        (225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04)
31        Sec. 7.04.  Land Report.
32        (a)  The  Department  shall  prepare  a  Land Report with
33    respect to each petition  filed  with  the  Department  under
                            -38-               LRB9000820SMdv
 1    Section 7.03.  Each Land Report shall evaluate whether mining
 2    operations  on  the land which is the subject of the petition
 3    would have any or all of the effects described in  subsection
 4    (b)  of  Section 7.02.  Each Land Report shall also contain a
 5    detailed statement on (1) the potential coal resources of the
 6    area, (2) the demand for coal resources, and (3)  the  impact
 7    of  a  designation  of such lands as unsuitable for mining on
 8    the environment, the economy, and the supply  of  coal.   The
 9    Land Report shall state objectively the information which the
10    Department  has,  but shall not contain a recommendation with
11    respect to whether the petition should be granted or  denied.
12    Each  Land  Report  shall  be  completed not later than eight
13    months after receipt of  the  petition  filed  under  Section
14    7.03.
15        (b)  Each  Land  Report  shall  be  made available to the
16    public  by  the  Department  at  least  30  days  before  the
17    Department holds a public hearing under Section 7.03.
18    (Source: P.A. 89-445, eff. 2-7-96.)
19        (225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01)
20        Sec. 9.01. Rules.
21        (a)  The Department may  propose,  adopt  and  promulgate
22    reasonable  rules  in  conformity  with  this  Act.   When it
23    proposes or adopts rules the Department  shall  consider  the
24    terrain,  the  climate  and  other  conditions of this State.
25    Rules shall reflect the distinct differences between  surface
26    mining operations and underground mining operations.
27        (b)  Any  person  may  file  a  written petition with the
28    Department proposing the adoption, amendment or repeal of any
29    rule under this Act.  Within 90 days after  a  receipt  of  a
30    petition,   the   Department  shall  initiate  a  rule-making
31    proceeding under this Section with respect to such  proposal,
32    or  deny  such petition, setting forth in writing the reasons
33    for such denial.
                            -39-               LRB9000820SMdv
 1        (c)  Prior to the adoption, amendment, or repeal  of  any
 2    rule,  the  Department  shall give at least 45 days notice of
 3    its intended action. This notice period shall commence on the
 4    first day the notice appears in the  Illinois  Register.  The
 5    notice  shall include (1) a text of the proposed rule, or the
 6    old and new materials of a proposed amendment, or the text of
 7    the provision to be  repealed;  (2)  the  specific  statutory
 8    citation  on  which the proposed rule, the proposed amendment
 9    to a rule or the proposed repeal of a rule is  based  and  is
10    authorized;  (3)  a  description  of  the subjects and issues
11    involved; and  (4)  the  time,  place  and  manner  in  which
12    interested  persons  may  present their views and comments on
13    the intended action.  The  notice  shall  be  mailed  to  all
14    persons  who  have  filed  a  request with the Department for
15    advance notice of rule-making proceedings.
16        (d)  All interested persons who submit a  request  within
17    30  days  after notice of the proposed change is published in
18    the  Illinois  Register  shall  be  afforded   a   reasonable
19    opportunity  to  submit  data,  views, arguments or comments,
20    either  orally  or  in  writing  or  both.   The   right   to
21    cross-examine  any witnesses shall be given to any interested
22    parties, if such right is  requested.  The  Department  shall
23    consider  fully  all  written and oral submissions respecting
24    the proposed rule.
25        (e)  No rule may be adopted unless  substantial  evidence
26    in support of such rule is submitted. When a rule is adopted,
27    the  Department  shall  issue  a  concise  statement  of  the
28    principal  reasons  for  or  against  its  adoption,  and its
29    reasons for overruling the considerations urged  against  its
30    adoption.
31        (f)  No  rule  is valid unless adopted in compliance with
32    this Section.
33        (g)  The Department shall  file  in  the  office  of  the
34    Secretary of State and in the Department's principal office a
                            -40-               LRB9000820SMdv
 1    certified copy of each rule and modification or repeal of any
 2    rule adopted by it.
 3        (c)  (h)  Each  adopted  rule  is effective 30 days after
 4    filing, unless a later date is specified in the rule. No rule
 5    adopted shall be retroactive. Any  operator  shall  have  the
 6    right  to  proceed  with operations under this Act until such
 7    rules are adopted and no such rules shall be made  applicable
 8    to any operations prior to the effective date thereof.
 9        (d)  (i)  In  addition to the provisions of this Section,
10    and  to  the  extent  consistent  with  this   Section,   the
11    provisions of the Illinois Administrative Procedure Act apply
12    to the adoption of rules under this Act.
13    (Source: P.A. 81-1015.)
14        Section 60. The Toxic Pollution Prevention Act is amended
15    by changing Sections 3 and 5 as follows:
16        (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
17        Sec. 3.  Definitions.  As used in this Act:
18        "Agency"  means  the  Illinois  Environmental  Protection
19    Agency.
20        "Center"   means   the   Waste  Management  and  Research
21    Hazardous Waste Research and Information Center.
22        "Person"    means    any     individual,     partnership,
23    co-partnership,   firm,  company,  corporation,  association,
24    joint stock  company,  trust,  political  subdivision,  State
25    agency,   or   any   other   legal   entity,   or  its  legal
26    representative, agent or assigns.
27        "Release" means emission to the air, discharge to surface
28    waters  or  off-site  wastewater  treatment  facilities,   or
29    on-site  release  to  the  land, including but not limited to
30    landfills, surface impoundments and injection wells.
31        "Toxic substance"  means  any  substance  listed  by  the
32    Agency pursuant to Section 4 of this Act.
                            -41-               LRB9000820SMdv
 1        "Toxic  pollution  prevention"  means  in-plant practices
 2    that reduce, avoid  or  eliminate:   (i)  the  use  of  toxic
 3    substances,  (ii)  the  generation  of  toxic constituents in
 4    wastes, (iii) the disposal or  release  of  toxic  substances
 5    into  the environment, or (iv) the development or manufacture
 6    of products with toxic constituents, through the  application
 7    of any of the following techniques:
 8             (1)  input substitution, which refers to replacing a
 9        toxic  substance  or  raw  material  used in a production
10        process with a nontoxic or less toxic substance;
11             (2)  product   reformulation,   which   refers    to
12        substituting  for  an existing end product an end product
13        which is nontoxic or less  toxic  upon  use,  release  or
14        disposal;
15             (3)  production  process  redesign  or modification,
16        which refers to developing and using production processes
17        of a different design than those currently used;
18             (4)  production process modernization, which  refers
19        to  upgrading  or  replacing  existing production process
20        equipment or methods  with  other  equipment  or  methods
21        based on the same production process;
22             (5)  improved  operation and maintenance of existing
23        production process equipment and methods, which refers to
24        modifying or adding to  existing  equipment  or  methods,
25        including  but not limited to such techniques as improved
26        housekeeping practices, system adjustments,  product  and
27        process   inspections,  and  production  process  control
28        equipment or methods;
29             (6)  recycling,  reuse  or  extended  use  of  toxic
30        substances by using equipment or methods which become  an
31        integral  part  of  the production process, including but
32        not limited to filtration and other closed loop methods.
33        However, "toxic pollution prevention" shall  not  include
34    or in any way be inferred to promote or require incineration,
                            -42-               LRB9000820SMdv
 1    transfer  from  one medium of release to another, off-site or
 2    out of process waste recycling, or end of pipe  treatment  of
 3    toxic substances.
 4        "Trade   secret"   means   any   information   concerning
 5    production  processes  employed  or  substances manufactured,
 6    processed or otherwise  used  within  a  facility  which  the
 7    Agency  determines  to satisfy the criteria established under
 8    Section 3.48 of the  Environmental  Protection  Act,  and  to
 9    which  specific  trade  secret status has been granted by the
10    Agency.
11    (Source: P.A. 86-914.)
12        (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
13        Sec. 5.  Toxic Pollution Prevention  Assistance  Program.
14    There  is  hereby  established  a  Toxic Pollution Prevention
15    Assistance Program  at  the  Waste  Management  and  Research
16    Hazardous  Waste  Research and Information Center. The Center
17    may establish cooperative programs with  public  and  private
18    colleges   and   universities   designed   to   augment   the
19    implementation  of  this  Section.   The Center may establish
20    fees, tuition, or other financial charges  for  participation
21    in the Assistance Program. These monies shall be deposited in
22    the  Toxic Pollution Prevention Fund established in Section 7
23    of this Act.  Through the Assistance Program, the Center:
24             (1)  Shall provide  general  information  about  and
25        actively  publicize the advantages of and developments in
26        toxic pollution prevention.
27             (2)  May establish  courses,  seminars,  conferences
28        and  other events, and reports, updates, guides and other
29        publications  and  other  means  of  providing  technical
30        information  for  industries,   local   governments   and
31        citizens    concerning    toxic    pollution   prevention
32        strategies, and may, as appropriate, work in  cooperation
33        with the Agency.
                            -43-               LRB9000820SMdv
 1             (3)  Shall  engage  in  research  on toxic pollution
 2        prevention  methods.    Such   research   shall   include
 3        assessments  of  the  impact  of adopting toxic pollution
 4        prevention methods on the environment, the public health,
 5        and worker exposure, and assessments  of  the  impact  on
 6        profitability and employment within affected industries.
 7             (4)  Shall  provide on-site technical consulting, to
 8        the extent practicable, to help  facilities  to  identify
 9        opportunities  for  toxic  pollution  prevention,  and to
10        develop toxic pollution prevention plans.  To be eligible
11        for such consulting, the owner or operator of a  facility
12        must  agree to allow information regarding the results of
13        such consulting to be shared with  the  public,  provided
14        that the identity of the facility shall be made available
15        only with its consent, and trade secret information shall
16        remain protected.
17             (5)  May  sponsor pilot projects in cooperation with
18        the Agency,  or  an  institute  of  higher  education  to
19        develop   and  demonstrate  innovative  technologies  and
20        methods for toxic pollution prevention.  The  results  of
21        all  such  projects  shall  be  available  for use by the
22        public,  but  trade  secret  information   shall   remain
23        protected.
24             (6)  May  award  grants  for activities that further
25        the purposes of this Act, including but  not  limited  to
26        the following:
27                  (A)  grants  to not-for-profit organizations to
28             establish free or low-cost technical  assistance  or
29             educational   programs   to   supplement  the  toxic
30             pollution prevention activities of the Center;
31                  (B)  grants  to  assist   trade   associations,
32             business   organizations,  labor  organizations  and
33             educational  institutions  in  developing   training
34             materials to foster toxic pollution prevention; and
                            -44-               LRB9000820SMdv
 1                  (C)  grants   to   assist   industry,  business
 2             organizations,   labor   organizations,    education
 3             institutions  and industrial hygienists to identify,
 4             evaluate and implement  toxic  pollution  prevention
 5             measures  and alternatives through audits, plans and
 6             programs.
 7             The Center may establish criteria and terms for such
 8        grants, including a requirement that  a  grantee  provide
 9        matching  funds.   Grant money awarded under this Section
10        may not be spent for capital improvements or equipment.
11                  In determining whether to award  a  grant,  the
12        Director shall consider at least the following:
13                  (i)  the  potential  of  the project to prevent
14             pollution;
15                  (ii)  the  likelihood  that  the  project  will
16             develop techniques or processes that  will  minimize
17             the  transfer  of  pollution  from one environmental
18             medium to another;
19                  (iii)  the extent to which  information  to  be
20             developed  through the project will be applicable to
21             other persons in the State; and
22                  (iv)  the willingness of the grant applicant to
23             assist the Center in disseminating information about
24             the pollution prevention  methods  to  be  developed
25             through the project.
26             (7)  Shall establish and operate a State information
27        clearinghouse that assembles, catalogues and disseminates
28        information   about   toxic   pollution   prevention  and
29        available consultant services.  Such clearinghouse  shall
30        include  a  computer  database  containing information on
31        managerial,  technical  and  operational  approaches   to
32        achieving   toxic  pollution  prevention.   The  computer
33        database must be  maintained  on  a  system  designed  to
34        enable  businesses, governmental agencies and the general
                            -45-               LRB9000820SMdv
 1        public  readily  to  obtain   information   specific   to
 2        production   technologies,   materials,   operations  and
 3        products.  A business shall not be required to submit  to
 4        the clearinghouse any information that is a trade secret.
 5             (8)  May contract with an established institution of
 6        higher education to assist the Center in carrying out the
 7        provisions  of  this Section.  The assistance provided by
 8        such an institution may include, but need not be  limited
 9        to:
10                  (A)  engineering  field  internships  to assist
11             industries in identifying toxic pollution prevention
12             opportunities;
13                  (B)  development   of   a    toxic    pollution
14             prevention curriculum for students and faculty; and
15                  (C)  applied  toxic  pollution  prevention  and
16             recycling research.
17             (9)  Shall  emphasize  assistance to businesses that
18        have inadequate  technical  and  financial  resources  to
19        obtain  information  and  to  assess  and implement toxic
20        pollution prevention methods.
21             (10)  Shall publish a biannual report on  its  toxic
22        pollution prevention activities, achievements, identified
23        problems and future goals.
24    (Source: P.A. 86-914; 86-1363.)
25        Section  65.  The  Illinois  Pollution  Prevention Act is
26    amended by changing Section 10 as follows:
27        (415 ILCS 115/10)
28        Sec. 10.  Definitions.  As used in this Act:
29        "Agency"  means  the  Illinois  Environmental  Protection
30    Agency.
31        "Center"  means  the  Waste   Management   and   Research
32    Hazardous Waste Research and Information Center.
                            -46-               LRB9000820SMdv
 1        "Person"     means     any    individual,    partnership,
 2    co-partnership,  firm,  company,  corporation,   association,
 3    joint  stock  company,  trust,  political  subdivision, State
 4    agency,  or  any   other   legal   entity,   or   its   legal
 5    representative, agent or assigns.
 6        "Release" means emission to the air, discharge to surface
 7    waters   or  off-site  wastewater  treatment  facilities,  or
 8    on-site release to the land, including  but  not  limited  to
 9    landfills, surface impoundments and injection wells.
10        "Toxic  or  hazardous  materials" means (i) any materials
11    that are reported to the Agency as released in Illinois under
12    Section 313 of the federal Emergency Planning  and  Community
13    Right  to  Know  Act  of 1986; and (ii) those wastes that are
14    reported as hazardous wastes by hazardous waste generators in
15    Illinois.
16    (Source: P.A. 87-1213.)
17        Section 70.  The Fish and Aquatic Life Code is amended by
18    changing Section 15-35 as follows:
19        (515 ILCS 5/15-35) (from Ch. 56, par. 15-35)
20        Sec. 15-35.  Mussels; open season. Mussels may  be  taken
21    only  during  the  period of April 1 15 to September 30, both
22    inclusive, and then only from sunrise to sunset and  only  by
23    means  of  crowfoot bars or hand picking, with or without the
24    aid of air breathing apparatus; except that in  the  Illinois
25    River  and  Mississippi River, including adjoining back water
26    lakes,  mussels  may  be  taken  during  the  season  by  the
27    additional means of hand rakes, hand forks, or hand  dredges.
28    Mussels  may be taken from the Mississippi, Ohio, Wabash, and
29    Illinois rivers.  Mussel fishing is permitted in other waters
30    only upon written authorization from the Department.
31    (Source: P.A. 87-833.)
                            -47-               LRB9000820SMdv
 1        Section 75.  The Wildlife Code  is  amended  by  changing
 2    Section 2.26 as follows:
 3        (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
 4        Sec.  2.26.  Any  person  attempting  to  take deer shall
 5    first obtain a  "Deer  Hunting  Permit"  in  accordance  with
 6    prescribed  regulations  set forth in an Administrative Rule.
 7    Deer Hunting Permits shall be issued by the Department.   The
 8    fee  for  a  Deer Hunting Permit to take deer with either bow
 9    and arrow or gun shall not exceed $15.00 for residents of the
10    State.  The Department may by administrative rule provide for
11    non-resident deer hunting permits for which the fee will  not
12    exceed   $100  except  as  provided  below  for  non-resident
13    landowners.  Permits shall be issued without charge to:
14             (a)  Illinois landowners residing  in  Illinois  who
15        own  at  least 40 acres of Illinois land and wish to hunt
16        their land only,
17             (b)  resident  tenants  of  at  least  40  acres  of
18        commercial agricultural land where they will hunt, and
19             (c)  shareholders of a  corporation  which  owns  at
20        least  40  acres of land in a county in Illinois who wish
21        to hunt on the corporation's land only.  One permit shall
22        be issued without charge to one shareholder for  each  40
23        acres  of  land  owned  by  the  corporation in a county;
24        however, the number of permits issued without  charge  to
25        shareholders  of  any corporation in any county shall not
26        exceed 15.
27        Bona fide landowners or tenants who do not wish  to  hunt
28    only  on the land they own, rent or lease or shareholders who
29    do not wish to hunt only on the land owned by the corporation
30    shall be charged the same fee as the applicant who is  not  a
31    landowner,  tenant  or  shareholder. Nonresidents of Illinois
32    who own at least 40 acres of land and wish to hunt  on  their
33    land  only shall be charged a fee set by administrative rule.
                            -48-               LRB9000820SMdv
 1    The method for obtaining these permits shall be prescribed by
 2    administrative rule.
 3        The deer hunting permit issued without fee shall be valid
 4    on all farm lands which the person to whom it is issued owns,
 5    leases or rents, except that in the case of a  permit  issued
 6    to  a  shareholder,  the  permit  shall be valid on all lands
 7    owned by the corporation in the county.
 8        The standards and specifications for use of guns and  bow
 9    and   arrow   for   deer  hunting  shall  be  established  by
10    administrative rule.
11        No person may have in his possession any other firearm or
12    sidearm when taking deer by the use of either a shotgun,  bow
13    and arrow or muzzle loading rifle.
14        Persons  having  a  firearm  deer hunting permit shall be
15    permitted to take deer only during the period from  1/2  hour
16    before  sunrise  to  sunset,  and  only during those days for
17    which an open season is established for the taking of deer by
18    use of shotgun or muzzle loading rifle.
19        Persons having an archery deer hunting  permit  shall  be
20    permitted  to  take deer only during the period from 1/2 hour
21    before sunrise to 1/2 hour  after  sunset,  and  only  during
22    those  days  for  which an open season is established for the
23    taking of deer by use of bow and arrow.
24        It shall be unlawful for any person to take deer  by  use
25    of  dogs, horses, automobiles, aircraft or other vehicles, or
26    by the use  of  salt  or  bait  of  any  kind.   An  area  is
27    considered  as  baited  during  the  presence  of  and for 10
28    consecutive days following the removal of bait.
29        It shall be unlawful to possess  or  transport  any  wild
30    deer  which  has  been injured or killed in any manner upon a
31    public highway or public right-of-way of  this  State  unless
32    exempted by administrative rule.
33        Persons hunting deer must have gun unloaded and no or bow
34    and  arrow  cased, unstrung or otherwise made inoperable by a
                            -49-               LRB9000820SMdv
 1    locking device shall be carried with the arrow in the  nocked
 2    position during hours when deer hunting is unlawful.
 3        It  shall  be  unlawful  for any person, having taken the
 4    legal limit of deer by gun, to further participate  with  gun
 5    in any deer hunting party.
 6        It  shall  be  unlawful  for any person, having taken the
 7    legal limit of deer by bow and arrow, to further  participate
 8    with bow and arrow in any deer hunting party.
 9        The  Department  may  prohibit upland game hunting during
10    the gun deer season by administrative rule.
11        It shall be legal for handicapped persons, as defined  in
12    Section  2.33,  to  utilize  a crossbow device, as defined in
13    Department rules, to take deer.
14        Any person who violates any of  the  provisions  of  this
15    Section, including administrative rules, shall be guilty of a
16    Class B misdemeanor.
17    (Source: P.A.   87-1015;  87-1243;  87-1268;  88-45;  88-416;
18    88-670, eff. 12-2-94.)
19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.
                            -50-               LRB9000820SMdv
 1                                INDEX
 2               Statutes amended in order of appearance
 3                              SEE INDEX
 4    20 ILCS 415/4c            from Ch. 127, par. 63b104c
 5    20 ILCS 605/46.13a        from Ch. 127, par. 46.13a
 6    20 ILCS 608/15
 7    20 ILCS 801/15-5
 8    20 ILCS 801/20-5
 9    20 ILCS 805/63a           from Ch. 127, par. 63a
10    20 ILCS 805/63b1.2 new
11    20 ILCS 805/63b2.9 new
12    20 ILCS 1105/16           from Ch. 96 1/2, par. 7415
13    20 ILCS 1130/3            from Ch. 111 1/2, par. 6803
14    20 ILCS 1130/4            from Ch. 111 1/2, par. 6804
15    20 ILCS 1130/5            from Ch. 111 1/2, par. 6805
16    20 ILCS 1130/6            from Ch. 111 1/2, par. 6806
17    30 ILCS 105/6z-32
18    40 ILCS 5/15-106          from Ch. 108 1/2, par. 15-106
19    110 ILCS 355/62           from Ch. 127, par. 62
20    225 ILCS 720/1.03         from Ch. 96 1/2, par. 7901.03
21    225 ILCS 720/1.04         from Ch. 96 1/2, par. 7901.04
22    225 ILCS 720/1.05         from Ch. 96 1/2, par. 7901.05
23    225 ILCS 720/2.08         from Ch. 96 1/2, par. 7902.08
24    225 ILCS 720/6.07         from Ch. 96 1/2, par. 7906.07
25    225 ILCS 720/6.08         from Ch. 96 1/2, par. 7906.08
26    225 ILCS 720/7.03         from Ch. 96 1/2, par. 7907.03
27    225 ILCS 720/7.04         from Ch. 96 1/2, par. 7907.04
28    225 ILCS 720/9.01         from Ch. 96 1/2, par. 7909.01
29    415 ILCS 85/3             from Ch. 111 1/2, par. 7953
30    415 ILCS 85/5             from Ch. 111 1/2, par. 7955
31    415 ILCS 115/10
32    515 ILCS 5/15-35          from Ch. 56, par. 15-35
33    520 ILCS 5/2.26           from Ch. 61, par. 2.26

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