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Public Act 099-0202 Public Act 0202 99TH GENERAL ASSEMBLY |
Public Act 099-0202 | SB0636 Enrolled | LRB099 03346 RJF 23354 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Illinois Aeronautics Act is amended by | changing Section 47 as follows:
| (620 ILCS 5/47) (from Ch. 15 1/2, par. 22.47)
| Sec. 47.
Operation without certificate of approval | unlawful;
applications.) An application for a certificate of | approval of an
airport or restricted landing area, or the | alteration or extension
thereof, shall set forth, among other | things, the location of all
railways, mains, pipes, conduits, | wires, cables, poles and other
facilities and structures of | public service corporations or municipal or
quasi-municipal | corporations, located within the area proposed to be
acquired | or restricted, and the names of persons owning the same, to the
| extent that such information can be reasonably ascertained by | the
applicant.
| It shall be unlawful for any municipality or other | political
subdivision, or officer or employee thereof, or for | any person, to make
any alteration or extension of an existing | airport or restricted landing
area, or to use or operate any | airport or restricted landing area, for
which a certificate of | approval has not been issued by the Department;
provided, that |
| no certificate of approval shall be required for an
airport or | restricted landing area which was in existence and approved
by | the Illinois Aeronautics Commission, whether or not being | operated,
on or before July 1, 1945, or for the O'Hare | Modernization Program as defined
in Section 10
of the O'Hare
| Modernization Act; except that a certificate of approval shall | be required
under this Section
for construction of a new runway | at O'Hare International Airport with a
geographical | orientation that varies from a geographical east-west | orientation
by more than 10 degrees, or for construction of a | new runway at that airport
that would result in more than 10 8 | runways being available for aircraft
operations at that | airport.
The Department shall supervise, monitor, and enforce
| compliance with the
O'Hare Modernization Act by all other | departments, agencies, and units of State
and local
government.
| Provisions of this Section do not apply to special purpose | aircraft
designated as such by the Department when
operating to | or
from uncertificated areas other than their principal base of | operations,
provided mutually acceptable arrangements are made | with the property
owner, and provided the owner or operator of | the aircraft assumes
liabilities which may arise out of such | operations.
| (Source: P.A. 93-450, eff. 8-6-03.)
| Section 10. The Permanent Noise Monitoring Act is amended | by changing Sections 5 and 15 as follows:
|
| (620 ILCS 35/5) (from Ch. 15 1/2, par. 755)
| Sec. 5. Definitions. As used in this Act:
| (a) "Airport" means an airport, as defined in Section 6 of | the Illinois
Aeronautics Act, that has more than 500,000 | aircraft operations (take-offs
and landings) per year. | (a-1) "Airport sponsor" means any municipality, as defined | in Section 20 of the Illinois
Aeronautics Act, that can own and | operate an airport.
| (a-3) "Annual community noise equivalent level" or "annual | CNEL" means the average sound level (on an energy basis), in | decibels, of the daily community noise equivalent level over a | 12-month period. The annual CNEL is calculated by the | following: | Annual CNEL = 10 log 10 [(1/365) SIGMA antilog (CNEL(i)/10)] | Where: | (1) CNEL(i) = the daily CNEL for each day in a | continuous 12-month period; and | (2) SIGMA means summation. | When the annual CNEL is approximated by measurements on a | statistical basis, the number 365 is replaced by the number of | days for which measurements are obtained. | (a-5) "Daily community noise equivalent level" or "CNEL" | means the 24-hour day average sound level,
in decibels, |
| adjusted to an equivalent level to account for the lower | tolerance of people to noise during evening and night time | periods relative to the daytime period. The daily community | noise equivalent level is calculated from the hourly noise | levels by the following: | CNEL = 10 log (1/24) [SIGMA antilog (HNLD/10) + 3 SIGMA antilog
| (HNLE/10) + 10 SIGMA antilog (HNLN/10)] | Where: | (1) HNLD means the hourly noise levels for the period | 7:00 a.m. through 6:59 p.m.; | (2) HNLE means the hourly noise levels for the period | 7:00 p.m. through 9:59 p.m.; | (3) HNLN means the hourly noise levels for the period | 10:00 p.m. through 6:59 a.m.; and | (4) SIGMA means summation. | (a-8) "Noise exposure level" means the level, in decibels, | of the time-integrated A-weighted squared sound pressure for a | stated time interval or event, based on the reference pressure | of 20 micronewtons per square meter and reference duration of | one second. | (a-9) "Noise level" means the sound level measure, in | decibels, of an A-weighted sound pressure level as measured | using the slow dynamic characteristic for sound level meters | specified in American National Standard Specification for |
| Sound Level Meters (ANSI S1.4-1983 as revised by ANSI | S1.4A-1985), which is hereby incorporated by reference. The | A-weighting characteristic modifies the frequency response of | the measuring instrument to account approximately for the | frequency characteristics of the human ear. The reference | pressure is 20 micronewtons/square meter (2 x 10 -4 microbar). | (b) "Permanent noise monitoring system" or "system" means a | system that
includes at least:
| (1) automated noise monitors capable of recording | noise levels 24
hours per day 365 days per year; and
| (2) computer equipment sufficient to process the data | from each noise
monitor so that permanent noise monitoring | reports in accordance with
Section 15 of this Act can be | generated.
| (c) "Division" means the Division of Aeronautics of the | Illinois
Department of Transportation.
| (d) (Blank). "Ldn" means day-night average sound level. | "Day-night average sound
level" has the meaning ascribed to it | in Section 150.7 of Part 150
of Title 14 of the Code of Federal | Regulations.
| (Source: P.A. 96-37, eff. 7-13-09.)
| (620 ILCS 35/15) (from Ch. 15 1/2, par. 765)
| Sec. 15. Permanent noise monitoring reports. Beginning in | 1993 and through 2008, the
Division shall, on June 30th and | December 31st of each
year, prepare a permanent noise |
| monitoring report and make the
report available to the public. | Beginning in 2009, the
airport sponsor shall, on June 30th and | December 31st of each
year, prepare a permanent noise | monitoring report and make the
report available to the public. | Copies of the report shall be
submitted to: the Office of the | Governor; the Office of the President of
the Senate; the Office | of the Senate Minority Leader; the Office of the
Speaker of the | House; the Office of the House Minority Leader; the United
| States Environmental Protection Agency, Region V; and the | Illinois
Environmental Protection Agency. Beginning in 2009, a | copy of the report shall also be submitted to the division. The | permanent noise monitoring report
shall contain all of the | following:
| (a) Copies of the actual data collected by each permanent | noise monitor
in the system.
| (b) A summary of the data collected by each permanent noise | monitor in
the system, showing the data organized by:
| (1) day of the week;
| (2) time of day;
| (3) week of the year;
| (4) type of aircraft; and
| (5) the single highest noise event recorded at each | monitor.
| (c) Noise contour maps showing the 65 annual CNEL Ldn , 70 | annual CNEL Ldn and 75 annual CNEL Ldn zones
around the | airport.
|
| (d) Noise contour maps showing the 65 decibel (dBA), 70 | dBA, and 75
dBA zones around the airport for:
| (1) 7:00 a.m. through 6:59 to 10:00 p.m.;
| (1.5) 7:00 p.m. through 9:59 p.m.;
| (2) 10:00 p.m. through 6:59 to 7:00 a.m.; and
| (3) types of aircraft.
| (e) The noise contour maps produced under subsections (c) | and (d)
shall also indicate:
| (1) residential areas (single and multi-family);
| (2) schools;
| (3) hospitals and nursing homes;
| (4) recreational areas, including but not limited to | parks and
forest preserves;
| (5) commercial areas;
| (6) industrial areas;
| (7) the boundary of the airport;
| (8) the number of residences (single and multi-family) | within each
contour;
| (9) the number of residents within each contour;
| (10) the number of schools within each contour; and
| (11) the number of school students within each contour.
| (f) Through 2008, a certification by the Division that the | system was in proper
working order during the period or, if it | was not, a specific description
of any and all problems with | the System during the period. | (g) Beginning in 2009, a certification by the airport |
| sponsor that the system was in proper
working order during the | period or, if it was not, a specific description
of any and all | problems with the system during the period.
| (Source: P.A. 96-37, eff. 7-13-09.)
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Effective Date: 1/1/2016
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