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| Public Act 096-0388 |
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AN ACT concerning waterways.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Rivers, Lakes, and Streams Act is amended by | ||||
changing Section 23a as follows:
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(615 ILCS 5/23a) (from Ch. 19, par. 70a)
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Sec. 23a. The Department is authorized to carry out | ||||
inspections of any
dam within the State, and to establish | ||||
standards and issue permits for the
safe construction of new | ||||
dams and the reconstruction, repair, operation
and maintenance | ||||
of all existing dams. If any inspection carried out
by the | ||||
Department or by a federal agency in which the Department | ||||
concurs
determines that a dam is in an unsafe condition, the | ||||
Department shall
so notify the appropriate public officials of | ||||
the affected city or county,
the State's Attorney of the county | ||||
in which the dam is located, and the
Illinois Emergency | ||||
Management Agency.
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The Department may compel the installation of fishways in | ||||
dams wherever
deemed necessary.
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The Department may establish by rule minimum water levels | ||||
for water behind
dams on streams and rivers as necessary to | ||||
preserve the fish and other aquatic
life and to safeguard the | ||||
health of the community.
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Upon a determination of the Department that a dam | ||
constitutes a serious
threat to life or a threat of substantial | ||
property damage, the Department
may issue orders to require | ||
changes in the structure or its operation or
maintenance | ||
necessary for proper control of water levels at normal stages
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and for the disposal of flood waters and for the protection of | ||
navigation
and any persons or property situated downstream from | ||
the dam or to otherwise
remove the threat provided, however, | ||
that no existing dam, based solely
upon the enactment by any | ||
governmental unit of any new rule, regulation,
ordinance, law, | ||
or other requirement passed after the construction of the
dam, | ||
shall be deemed to constitute a serious threat to life or a | ||
threat of
substantial property damage if it was designed and | ||
constructed under a
permit from the State of Illinois in | ||
conformance with all applicable
standards existing at the time | ||
of its construction and is in good repair.
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The Department shall be required, prior to taking any | ||
action to compel
alteration or breaching of any dam, to furnish | ||
in writing to the owner of
the dam (1) a detailed and specific | ||
list of defects discovered in the course
of inspection of the | ||
dam, including the specific nature of any inadequacies
in the | ||
capacity of the spillway system and any indications of seepage, | ||
erosion,
or other evidence of structural deficiency in the dam | ||
or spillway; and (2)
a statement of the applicable standards | ||
that if complied with by the owner
of the dam would put the dam | ||
into compliance with the State's requirements.
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No order shall be issued requiring alteration of any | ||
existing dam until after
notice and opportunity for hearing has | ||
been provided by the Department to the
dam owners. If the owner | ||
or owners of the dam are unknown, notice will be
provided by | ||
publication in a newspaper of general circulation in the county | ||
in
which the structure is located. Any order issued under this | ||
Section shall
include a statement of the findings supporting | ||
the order.
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Opportunity for hearing is not required in emergency | ||
situations when the
Department finds there is imminent hazard | ||
to personal public safety of people.
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The Department may enforce the provisions of this Section | ||
and of rules
and orders issued hereunder by injunction or other
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appropriate action.
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Neither the Department of Natural Resources nor
employees | ||
or agents of the Department shall be liable for damages | ||
sustained
through the partial or total failure of any dam or | ||
the operation or maintenance
of any dam by reason of the | ||
Department's regulation thereof. Nothing in this
Act shall | ||
relieve an owner or operator of a dam from the legal duties,
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obligations, and liabilities arising from ownership or | ||
operation.
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The Department shall review and update its operations | ||
manuals for the Algonquin Dam and the William G. Stratton Lock | ||
and Dam on an annual basis. | ||
(Source: P.A. 89-445, eff. 2-7-96.)
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