Public Act 90-0490 of the 90th General Assembly
Public Act 90-0490
SB795 Enrolled LRB9000820SMdv
AN ACT regarding natural resources.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Oil and Gas Wells on Public Lands Act is
amended by changing Sections 2 and 10 as follows:
(5 ILCS 615/2) (from Ch. 96 1/2, par. 5002)
Sec. 2. State issuance of extraction permits; prohibited
activities. The Department of Natural Resources shall be
empowered with respect to public lands to grant permits and
leases in the name of the State of Illinois, with the
approval of the Governor in writing, for the extraction of
oil, gas and other petroleum deposits, except that no surface
extraction activities shall be performed nor production
equipment located on lands owned by the Department of Natural
Resources if the State owns 100% of the underlying mineral
interests of those lands. Extraction activities underlying
lands owned by the Department of Natural Resources that
utilize directional drilling techniques may be permitted at
the discretion of the Department. However, the Department
shall not grant permits on leases for the extraction of oil,
gas, and other petroleum deposits from the following
classifications of lands if the State owns 100% of the
underlying mineral interests: (1) lands where threatened or
endangered species occur, as determined pursuant to the
federal Endangered Species Act or the Illinois Endangered
Species Protection Act, (2) Illinois Natural Area Inventory
sites, (3) nature preserves dedicated under the Illinois
Natural Areas Preservation Act, (4) lands containing a wild
and scenic river as designated under the Wild and Scenic
River Area Act, (5) lands registered under the Register of
Land and Water Reserves under Part 4010 of Title 17 of the
Illinois Administrative Code, and (6) lands on which federal
or State laws or regulations prohibit the surface extraction
or production facility activity. The grant of such permits or
leases shall be subject to the terms and conditions
hereinafter set forth in this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(5 ILCS 615/10) (from Ch. 96 1/2, par. 5010)
Sec. 10. Proceeds. Except as hereinafter provided, the
proceeds derived and bonuses, rentals and royalties from and
from other inducements and considerations for the execution
and operation of the oil and gas leases provided for in this
Act provided shall be disposed of as provided for by the
State Officers and Employees Money Disposition Act. However,
all bonuses, rentals and royalties received from the
permitting or leasing of lands which have been purchased by
the Department of Natural Resources (formerly designated the
Department of Conservation) from moneys appropriated from the
Wildlife and Fish Fund and which at the time of permitting or
leasing are under the control of the Department of Natural
Resources (formerly designated the Department of
Conservation), shall be paid into the Wildlife and Fish Fund
of the State Treasury. All proceeds, bonuses, rentals,
royalties, and other inducements and considerations received
from the permitting or leasing of Department of Natural
Resources lands that have not been purchased by the
Department of Natural Resources with moneys appropriated from
the Wildlife and Fish Fund shall be deposited as follows: at
least 50% of the amounts received shall be deposited into the
State Parks Fund and not more than 50% shall be deposited
into the Plugging and Restoration Fund.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 4. The Illinois Oil and Gas Act is amended by
changing Section 22.2 as follows:
(225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
Sec. 22.2. Integration of interests in drilling unit.
(a) As used in this Section, "owner" means any person
having an interest in the right to drill into and produce oil
or gas from any pool, and to appropriate the production for
such owner or others.
(b) Except as provided in subsection (b-5), when 2 or
more separately owned tracts of land are embraced within an
established drilling unit, or when there are separately owned
interests in all or a part of such units, the owners of all
oil and gas interests therein may validly agree to integrate
their interests and to develop their lands as a drilling
unit. Where, however, such owners have not agreed to
integrate their interests and where no action has been
commenced seeking permission to drill pursuant to the
provisions of "An Act in relation to oil and gas interests in
land", approved July 1, 1939, and where at least one of the
owners has drilled or has proposed to drill a well on an
established drilling unit the Department on the application
of an owner shall, for the prevention of waste or to avoid
the drilling of unnecessary wells, require such owners to do
so and to develop their lands as a drilling unit. The
Department, as a part of the order integrating interests, may
prescribe the terms and conditions upon which the royalty
interests in the unit or units shall, in the absence of
voluntary agreement, be determined to be integrated without
the necessity of a subsequent separate order integrating the
royalty interests. Each such integration order shall be upon
terms and conditions that are just and reasonable.
(b-5) When 2 or more separately owned tracts of land are
embraced within an established drilling unit, or when there
are separately owned interests in all or a part of the unit,
and one of the owners is the Department of Natural Resources,
integration of the separate tracts shall be allowed only if,
following a comprehensive environmental impact review
performed by the Department, the Department determines that
no substantial or irreversible detrimental harm will occur on
Department lands as a result of any proposed activities
relating to mineral extraction. The environmental impact
review shall include but shall not be limited to an
assessment of the potential destruction or depletion of flora
and fauna, wildlife and its supporting habitat, surface and
subsurface water supplies, aquatic life, and recreational
activities located on the land proposed to be integrated.
The Department shall adopt rules necessary to implement this
subsection.
(b-6) All proceeds, bonuses, rentals, royalties, and
other inducements and considerations received from the
integration of Department of Natural Resources lands that
have not been purchased by the Department of Natural
Resources with moneys appropriated from the Wildlife and Fish
Fund shall be deposited as follows: at least 50% of the
amounts received shall be deposited into the State Parks Fund
and not more than 50% shall be deposited into the Plugging
and Restoration Fund.
(c) All orders requiring such integration shall be made
after notice and hearing and shall be upon terms and
conditions that are just and reasonable and will afford to
the owners of all oil and gas interests in each tract in the
drilling unit the opportunity to recover or receive their
just and equitable share of oil or gas from the drilling unit
without unreasonable expense and will prevent or minimize
reasonably avoidable drainage from each integrated drilling
unit which is not equalized by counter drainage, but the
Department may not limit the production from any well under
this provision.
(d) All operations, including, but not limited to, the
commencement, drilling, or operation of a well upon any
portion of a drilling unit shall be deemed for all purposes
the conduct of such operations upon each separately owned
tract in the drilling unit by the several owners thereof.
That portion of the production allocated to a separately
owned tract included in a drilling unit shall, when produced,
be deemed, for all purposes, to have been actually produced
from such tract by a well drilled thereon.
(e) In making the determination of integrating
separately owned interests, and determining to whom the
permit should be issued, the Department may consider:
(1) the reasons requiring the integration of
separate interests;
(2) the respective interests of the parties in the
drilling unit sought to be established, and the pool or
pools in the field where the proposed drilling unit is
located;
(3) any parties' prior or present compliance with
the Act and the Department's rules; and
(4) any other information relevant to protect the
correlative rights of the parties sought to be affected
by the integration order.
(f) Each such integration order shall authorize the
drilling, testing, completing, equipping, and operation of a
well on the drilling unit; provide who may drill and operate
the well; prescribe the time and manner in which all the
owners in the drilling unit may elect to participate therein;
and make provision for the payment by all those who elect to
participate therein of the reasonable actual cost thereof,
plus a reasonable charge for supervision and interest. Should
an owner not elect to voluntarily participate in the risk and
costs of the drilling, testing, completing and operation of a
well as determined by the Department, the integration order
shall provide either that:
(1) the nonparticipating owner shall surrender a
leasehold interest to the participating owners on a basis
and for such terms and consideration the Department finds
fair and reasonable; or
(2) the nonparticipating owner shall share in a
proportionate part of the production of oil and gas from
the drilling unit determined by the Department, and pay a
proportionate part of operation cost after the
participating owners have recovered from the production
of oil or gas from a well all actual costs in the
drilling, testing, completing and operation of the well
plus a penalty to be determined by the Department of not
less than 100% nor more than 300% of such actual costs.
(g) For the purpose of this Section, the owner or owners
of oil and gas rights in and under an unleased tract of land
shall be regarded as a lessee to the extent of a 7/8 interest
in and to said rights and a lessor to the extent of the
remaining 1/8 interest therein.
(h) In the event of any dispute relative to costs and
expenses of drilling, testing, equipping, completing and
operating a well, the Department shall determine the proper
costs after due notice to interested parties and a hearing
thereon. The operator of such unit, in addition to any other
right provided by the integration order of the Department,
shall have a lien on the mineral leasehold estate or rights
owned by the other owners therein and upon their shares of
the production from such unit to the extent that costs
incurred in the development and operation upon said unit are
a charge against such interest by order of the Department or
by operation of law. Such liens shall be separable as to
each separate owner within such unit, and shall remain liens
until the owner or owners drilling or operating the well have
been paid the amount due under the terms of the integration
order. The Department is specifically authorized to provide
that the owner or owners drilling, or paying for the
drilling, or for the operation of a well for the benefit of
all shall be entitled to production from such well which
would be received by the owner or owners for whose benefit
the well was drilled or operated, after payment of royalty,
until the owner or owners drilling or operating the well have
been paid the amount due under the terms of the integration
order settling such dispute.
(Source: P.A. 85-1334; 86-1177.)
Section 5. The Personnel Code is amended by changing
Section 4c as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in
this Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court, and
Attorney General.
(3) Judges, and officers and employees of the
courts, and notaries public.
(4) All officers and employees of the Illinois
General Assembly, all employees of legislative
commissions, all officers and employees of the Illinois
Legislative Reference Bureau, the Legislative Research
Unit, and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard,
and Illinois State Guard, paid from federal funds or
positions in the State Military Service filled by
enlistment and paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by
the Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical
staff of the Illinois State Museum.
(9) All other employees except the presidents,
other principal administrative officers, and teaching,
research and extension faculties of the universities
under the jurisdiction of the Board of Regents and the
colleges and universities under the jurisdiction of the
Board of Governors of State Colleges and Universities,
Illinois Community College Board, Southern Illinois
University, Illinois Board of Higher Education, Board of
Governors of State Colleges and Universities, the Board
of Regents, University of Illinois, State Universities
Civil Service System, University Retirement System of
Illinois, so long as these are subject to the provisions
of the State Universities Civil Service Act.
(10) The State Police so long as they are subject
to the merit provisions of the State Police Act.
(11) The scientific staff of the State Scientific
Surveys and the Waste Management and Research Hazardous
Waste Research and Information Center.
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, and of the Illinois Commerce Commission, and the
technical and engineering staff providing architectural
and engineering services in the Department of Central
Management Services.
(13) All employees of the Illinois State Toll
Highway Commission.
(14) The Secretary of the Industrial Commission.
(15) All persons who are appointed or employed by
the Director of Insurance under authority of Section 202
of the Illinois Insurance Code to assist the Director of
Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan
Area Airport Authority.
(17) All investment officers employed by the
Illinois State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the "Comprehensive Employment and Training
Act of 1973", 29 USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley
Area Airport Authority.
(Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
Section 10. The Civil Administrative Code of Illinois is
amended by changing Section 46.13a as follows:
(20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
Sec. 46.13a. Environmental Regulatory Assistance Program.
(a) The following terms, whenever used or referred to in
this Section, shall have the following meanings ascribed to
them, except where the context clearly requires otherwise:
(1) "Small business stationary source" means a
business that is owned or operated by a person that
employs 100 or fewer individuals; is a small business; is
not a major stationary source as defined in Titles I and
III of the federal 1990 Clean Air Act Amendments; does
not emit 50 tons or more per year of any regulated
pollutant (as defined under the federal Clean Air Act);
and emits less than 75 tons per year of all regulated
pollutants.
(2) "Department" means the Illinois Department of
Commerce and Community Affairs.
(b) The Department may:
(1) Provide access to technical and compliance
information for Illinois firms, including small and
middle market companies, to facilitate local business
compliance with the federal, State and local
environmental regulations.
(2) Coordinate and enter into cooperative
agreements with a State ombudsman office, which shall be
established in accordance with the federal 1990 Clean Air
Act Amendments to provide direct oversight to the program
established under that Act.
(3) Enter into contracts, cooperative agreements,
and financing agreements and establish and collect
charges and fees necessary or incidental to the
performance of duties and the execution of powers under
this Section.
(4) Accept and expend, subject to appropriation,
gifts, grants, awards, funds, contributions, charges,
fees and other financial or nonfinancial aid from
federal, State and local governmental agencies,
businesses, educational agencies, not-for-profit
organizations, and other entities, for the purposes of
this Section.
(5) Establish, staff and administer programs and
services and adopt such rules and regulations as may be
necessary to carry out the intent of this Section and
Section 507, "Small Business Stationary Source Technical
and Environmental Compliance Assistance Program", of the
federal 1990 Clean Air Act Amendments.
(c) The Department's environmental compliance programs
and services for businesses may include, but need not be
limited to, the following:
(1) Communication and outreach services to or on
behalf of individual companies, including collection and
compilation of appropriate information on regulatory
compliance issues and control technologies, and
dissemination of such information through publications,
direct mailings, electronic communications, conferences,
workshops, one-on-one counseling and other means of
technical assistance.
(2) Provision of referrals and access to technical
assistance, pollution prevention and facility audits, and
otherwise serving as an information clearinghouse on
pollution prevention through the coordination of the
Waste Management and Research Hazardous Waste Research
and Information Center, a division of the Department of
Natural Resources. In addition, environmental and
regulatory compliance issues and techniques, which may
include business rights and responsibilities, applicable
permitting and compliance requirements, compliance
methods and acceptable control technologies, release
detection, and other applicable information may be
provided.
(3) Coordination with and provision of
administrative and logistical support to the State
Compliance Advisory Panel.
(d) There is hereby created a special fund in the State
Treasury to be known as the Small Business Environmental
Assistance Fund. Monies received under subdivision (b)(4) of
this Section shall be deposited into the Fund.
Monies in the Small Business Environmental Assistance
Fund may be used, subject to appropriation, only for the
purposes authorized by this Section.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 15. The Business Assistance and Regulatory Reform
Act is amended by changing Section 15 as follows:
(20 ILCS 608/15)
Sec. 15. Providing information and expediting permit
reviews.
(a) The office shall provide an information system using
a toll-free business assistance number. The number shall be
advertised throughout the State. If requested, the caller
will be sent a basic business kit, describing the basic
requirements and procedures for doing business in Illinois.
If requested, the caller shall be directed to one or more of
the additional services provided by the office. In addition,
the office shall have branches located throughout the State
to assist persons who prefer not (or who are unable) to use
the call system. All persons providing advice to callers on
behalf of the office and all persons responsible for directly
providing services to persons visiting the office or one of
its branches shall be persons with small business experience
in an administrative or managerial capacity.
(b) The office shall develop and implement a
computerized master application procedure to expedite the
identification and processing of permits for business
undertakings, projects and activities.
(1) The application shall be made on a form
prescribed by the office, designed primarily for the
convenience of applicants confronting requirements of
multiple permits from one or more State agencies. The
office shall assist any person requesting assistance in
completing the application.
(2) Upon receipt of a completed master application,
the office shall notify each State agency having a
possible interest in the proposed business activity.
Each agency so notified shall respond within 15 days and
advise the office whether one or more permits under its
jurisdiction may be required for the activity. The
response will also include the fees to be charged. The
requirements of this subdivision (b)(2) shall not apply
if the master application contained false, misleading or
deceptive information, or failed to include pertinent
information, the lack of which could reasonably lead a
State agency to misjudge the applicability of permits
under its jurisdiction, or if new permit requirements or
related standards subsequently became effective for which
a State agency had no discretion in establishing the
effective date. For purposes of this Act, "State agency"
means a department or agency of State government under
the jurisdiction and control of the Office of the
Governor.
(3) After the 15 day notice and response period,
the office shall promptly provide the applicant with the
necessary application forms and related information for
all permits specified by the interested State agencies.
Applications may be directly filed with the agencies or
with the office, together with the requisite fees. The
office may at the request of the applicant conduct a
pre-application conference with representatives of the
interested State agencies and agencies having
responsibilities for business promotion.
(c) Any applicant for permits required for a business
activity may confer with the office to obtain assistance in
the prompt and efficient processing and review of
applications. The office may designate an employee of the
office to act as a permit assistance manager to:
(1) facilitate contacts for the applicant with
responsible agencies;
(2) arrange conferences to clarify the requirements
of interested agencies;
(3) consider with State agencies the feasibility of
consolidating hearings and data required of the
applicant;
(4) assist the applicant in resolution of
outstanding issues identified by State agencies; and
(5) coordinate federal, State and local regulatory
procedures and permit review actions to the extent
possible.
(d) The office shall publish a directory of State
business permits and State programs to assist small
businesses.
(e) The office shall designate "economically distressed
areas", being State enterprise zones that have been
designated enterprise zones under the Illinois Enterprise
Zone Act because of their high unemployment rate, high
poverty rate, or low income. The office shall provide on-site
permit assistance in those areas and may require any
interested State agency to designate an employee who shall
coordinate the handling of permits in that area. Interested
State agencies shall, to the maximum extent feasible,
establish procedures to expedite applications in economically
distressed areas. The office shall attempt to establish
agreements with the local governments having jurisdiction in
these areas, to allow the office to provide assistance to
applicants for permits required by these local governments.
(f) The office shall designate permit assistance
managers to assist in obtaining the prompt and efficient
processing and review of applications for permits required by
businesses performing infrastructure projects. Interested
State agencies shall, to the maximum extent feasible,
establish procedures to expedite applications for
infrastructure projects. Applications for permits for
infrastructure projects shall be approved or disapproved
within 45 days of submission, unless law or regulations
specify a different period. If the interested agency is
unable to act within that period, the agency shall provide a
written notification to the office specifying reasons for its
inability to act and the date by which approval or
disapproval shall be determined. The office may require any
interested State agency to designate an employee who will
coordinate the handling of permits in that area.
(g) In addition to its responsibilities in connection
with permit assistance, the office shall provide general
regulatory information by directing businesses to appropriate
officers in State agencies to supply the information
requested.
(h) The office shall help businesses to locate and apply
to training programs available to train current employees in
particular skills, techniques or areas of knowledge relevant
to the employees' present or anticipated job duties. In
pursuit of this objective, the office shall provide
businesses with pertinent information about training programs
offered by State agencies, units of local government, public
universities and colleges, community colleges, and school
districts in Illinois.
(i) The office shall help businesses to locate and apply
to State programs offering to businesses grants, loans, loan
or bond guarantees, investment partnerships, technology or
productivity consultation, or other forms of business
assistance.
(j) To the extent authorized by federal law, the office
shall assist businesses in ascertaining and complying with
the requirements of the federal Americans with Disabilities
Act.
(k) The office shall provide confidential on-site
assistance in identifying problems and solutions in
compliance with requirements of the federal Occupational
Safety and Health Administration and other State and federal
environmental regulations. The office shall work through and
contract with the Waste Management and Research Hazardous
Waste Research and Information Center to provide confidential
on-site consultation audits that (i) assist regulatory
compliance and (ii) identify pollution prevention
opportunities.
(l) The office shall provide information on existing
loan and business assistance programs provided by the State.
(m) Each State agency having jurisdiction to approve or
deny a permit shall have the continuing power heretofore or
hereafter vested in it to make such determinations. The
provisions of this Act shall not lessen or reduce such powers
and shall modify the procedures followed in carrying out such
powers only to the extent provided in this Act.
(n) (1) Each State agency shall fully cooperate with the
office in providing information, documentation, personnel or
facilities requested by the office.
(2) Each State agency having jurisdiction of any permit
to which the master application procedure is applicable shall
designate an employee to act as permit liaison office with
the office in carrying out the provisions of this Act.
(o) (1) The office has authority, but is not required,
to keep and analyze appropriate statistical data regarding
the number of permits issued by State agencies, the amount of
time necessary for the permits to be issued, the cost of
obtaining such permits, the types of projects for which
specific permits are issued, a geographic distribution of
permits, and other pertinent data the office deems
appropriate.
The office shall make such data and any analysis of the
data available to the public.
(2) The office has authority, but is not required, to
conduct or cause to be conducted a thorough review of any
agency's permit requirements and the need by the State to
require such permits. The office shall draw on the review,
on its direct experience, and on its statistical analyses to
prepare recommendations regarding how to:
(i) eliminate unnecessary or antiquated permit
requirements;
(ii) consolidate duplicative or overlapping permit
requirements;
(iii) simplify overly complex or lengthy
application procedures;
(iv) expedite time-consuming agency review and
approval procedures; or
(v) otherwise improve the permitting processes in
the State.
The office shall submit copies of all recommendations
within 5 days of issuance to the affected agency, the
Governor, the General Assembly, and the Joint Committee on
Administrative Rules.
(p) The office has authority to review State forms on
its own initiative or upon the request of another State
agency to ascertain the burden, if any, of complying with
those forms. If the office determines that a form is unduly
burdensome to business, it may recommend to the agency
issuing the form either that the form be eliminated or that
specific changes be made in the form.
(q) Not later than March 1 of each year, beginning March
1, 1995, the office shall submit an annual report of its
activities during the preceding year to the Governor and
General Assembly. The report shall describe the activities
of the office during the preceding year and shall contain
statistical information on the permit assistance activities
of the office.
(Source: P.A. 88-404.)
Section 20. The Department of Natural Resources Act is
amended by changing Sections 15-5 and 20-5 as follows:
(20 ILCS 801/15-5)
Sec. 15-5. Office of Scientific Research and Analysis.
The Department of Natural Resources shall have within it an
Office of Scientific Research and Analysis. The Office shall
contain within it a Natural History Survey division, a State
Water Survey division, a State Geological Survey division, a
Waste Management and Research Hazardous Waste Research and
Information Center division, and such other related research
functions and responsibilities as may be appropriate provided
by law. The Board of Natural Resources and Conservation is
retained as the governing board for the Scientific Surveys
and Waste Management and Research Hazardous Waste Research
and Information Center.
(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
(20 ILCS 801/20-5)
Sec. 20-5. State Museum. The Department of Natural
Resources shall have within it a division consisting of the
Illinois State Museum, which shall be within the Office of
Scientific Research and Analysis. The Board of the Illinois
State Museum is retained as the governing board for the State
Museum.
(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
Section 25. The Civil Administrative Code of Illinois is
amended by changing Section 63a and by adding Sections 63b1.2
and 63b2.9 as follows:
(20 ILCS 805/63a) (from Ch. 127, par. 63a)
Sec. 63a. The Department of Natural Resources has the
powers enumerated in Sections 63a1 through 63b2.9 63b2.8.
(Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
(20 ILCS 805/63b1.2 new)
Sec. 63b1.2. Indirect cost reimbursements. Indirect
cost reimbursements applied for by the Department of Natural
Resources may be allocated as State matching funds. Any
indirect cost reimbursement applied for and received by the
Department shall be deposited to the same fund as the direct
cost and may be expended, subject to appropriation, for
support of programs administered by the Department of Natural
Resources.
(20 ILCS 805/63b2.9 new)
Sec. 63b2.9. Grants and contracts. To accept, receive,
expend, and administer, including by grant, agreement, or
contract, those funds that are made available to the
Department from the federal government and other public and
private sources in the exercise of its statutory powers and
duties.
The Department may make grants to other State agencies,
universities, not-for-profit organizations and local
governments, pursuant to an appropriation in the exercise of
its statutory powers and duties.
Section 30. The Energy Conservation and Coal Development
Act is amended by changing Section 16 as follows:
(20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
Sec. 16. Battery Task Force.
(a) Within the Department is created a Battery Task
Force to be comprised of (i) the Director of the Department
who shall serve as chair of the Task Force; (ii) the Director
of the Environmental Protection Agency; (iii) the Director
of the Waste Management and Research Hazardous Waste Research
and Information Center; and (iv) 15 persons who shall be
appointed by the Director of the Department, including 2
persons representing an environmental organization, 2 persons
representing the battery cell industry, 2 persons
representing the rechargeable powered tool/device industry, 3
representatives from local government with residential
recycling programs (including one from a municipality with
more than a million people), one person representing the
retail industry, one person representing a consumer group, 2
persons representing the waste management industry, one
person representing a recycling firm, and one person
representing a citizens' group active in local solid waste
issues.
(b) The Task Force shall prepare a report of its
findings and recommendations and shall present the report to
the Governor and the General Assembly on or before April 1,
1993. Among other things, the Task Force shall evaluate:
(1) collection, storage, and processing systems for
the recycling and proper management of common household
batteries and rechargeable battery products generated by
consumers, businesses, institutions, and governmental
units;
(2) public education programs that promote waste
reduction, reuse, and recycling strategies for household
batteries;
(3) disposal bans on specific household batteries
or rechargeable battery products;
(4) management options for rechargeable tools and
appliances;
(5) technical and financial assistance programs for
local governments;
(6) guidelines and regulations for the storage,
transportation, and disposal of household batteries;
(7) labeling requirements for household batteries
and battery packaging;
(8) metal content limits and sale restrictions for
carbon-zinc, nickel-cadmium, and button batteries;
(9) market development options for materials
recovered from household batteries;
(10) industry waste reduction developments,
including substitution of longer-life, rechargeable and
recyclable batteries, substitution of alternative
products which do not require batteries, increased use of
power-source adapters, and use of replaceable batteries
in battery-powered appliances; and
(11) the feasibility of reverse distribution of
batteries.
The Task Force shall review, evaluate, and compare
existing battery management and collection systems and
studies including those used from other states, the European
Community, and other major industrial nations. The Task Force
shall consult with manufacturers and the public to determine
the most cost effective and efficient means for battery
management.
(Source: P.A. 87-1250; 88-45.)
Section 35. The Hazardous Waste Technology Exchange
Service Act is amended by changing Sections 3, 4, 5, and 6 as
follows:
(20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
Sec. 3. For the purposes of this Act, unless the context
otherwise requires:
(a) "Board" means the Board of Natural Resources and
Conservation of the Department of Natural Resources.
(b) "Center" means the Waste Management and Research
Hazardous Waste Research and Information Center of the
Department of Natural Resources.
(c) "Department" means the Department of Natural
Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
Sec. 4. Waste Management and Research Center. As soon as
may be practicable after the effective date of this Act, the
Department shall establish a Hazardous Waste Research and
Information Center. On and after the effective date of this
amendatory Act of 1997, that Center shall be known as the
Waste Management and Research Center.
(Source: P.A. 86-652.)
(20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
Sec. 5. Duties of Center; Industrial Advisory Committee.
(a) The Waste Management and Research Hazardous Waste
Research and Information Center shall:
(1) Conduct educational programs to further the
exchange of information to reduce the generation of
hazardous wastes or to treat or dispose of such wastes so
as to make them nonhazardous.
(2) Provide a technical information service for
industries involved in the generation, treatment, or
disposal of hazardous wastes.
(3) Disseminate information regarding advances in
hazardous waste management technology which could both
protect the environment and further industrial
productivity.
(4) Provide research in areas related to reduction
of the generation of hazardous wastes; treatment,
recycling and reuse; and other issues which the Board may
suggest.
(5) Provide other services as deemed necessary or
desirable by the Board.
(6) Submit a biennial report to the General
Assembly on Center activities.
(b) The Director of the Department shall be responsible
for the administration of the Center.
(c) The Department shall have the authority to accept,
receive and administer on behalf of the Center any grants,
gifts or other funds made available for purposes of this Act.
(d) The Board shall (1) provide policy guidelines and
goals for the Center; (2) approve the Center's budget; (3)
approve any reports; and (4) otherwise direct the Center in
accordance with its statutory powers and duties contained in
Section 6 of "An Act in relation to natural resources,
research, data collection and environmental studies",
approved July 14, 1978, as amended.
(e) The Director shall appoint an Industrial Advisory
Committee which shall be composed of representatives of
industries which are involved in the generation, treatment or
disposal of hazardous waste, or representatives of
organizations of such industries. To the extent possible,
the Director shall choose members representing large and
small industries from all geographical areas of the State.
Members of the Industrial Advisory Committee shall receive no
compensation but may be reimbursed for reasonable expenses
incurred in carrying out their duties.
The Industrial Advisory Committee shall advise the
Department on programs, services and activities necessary to
assist large and small businesses in economically reducing,
through source reduction, treatment and recycling, the amount
and toxicity of hazardous waste to be disposed of on or in
the land.
(Source: P.A. 86-652.)
(20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
Sec. 6. Appropriations. For the purpose of maintaining
the Waste Management and Research Hazardous Waste Research
and Information Center, paying the expenses and providing the
facilities and structures incident thereto, appropriations
shall be made to the Department, payable from the Hazardous
Waste Research Fund and other funds in the State Treasury.
(Source: P.A. 86-652.)
Section 40. The State Finance Act is amended by changing
Section 6z-32 as follows:
(30 ILCS 105/6z-32)
Sec. 6z-32. Conservation 2000.
(a) The Conservation 2000 Fund and the Conservation 2000
Projects Fund are created as special funds in the State
Treasury. These funds shall be used to establish a
comprehensive program to protect Illinois' natural resources
through cooperative partnerships between State government and
public and private landowners. Moneys in these Funds may be
used, subject to appropriation, by the Environmental
Protection Agency and the Departments of Agriculture,
Conservation, Energy and Natural Resources, and
Transportation for purposes relating to natural resource
protection, recreation, tourism, and compatible agricultural
and economic development activities. Without limiting these
general purposes, moneys in these Funds may be used, subject
to appropriation, for the following specific purposes:
(1) To foster sustainable agriculture practices and
control soil erosion and sedimentation, including grants
to Soil and Water Conservation Districts for conservation
practice cost-share grants and for personnel,
educational, and administrative expenses.
(2) To establish and protect a system of ecosystems
in public and private ownership through conservation
easements, incentives to public and private landowners,
including technical assistance and grants, and land
acquisition provided these mechanisms are all voluntary
on the part of the landowner and do not involve the use
of eminent domain.
(3) To develop a systematic and long-term program
to effectively measure and monitor natural resources and
ecological conditions through investments in technology
and involvement of scientific experts.
(4) To initiate strategies to enhance, use, and
maintain Illinois' inland lakes through education,
technical assistance, research, and financial incentives.
(5) To conduct an extensive review of existing
Illinois water laws.
(b) The State Comptroller and State Treasurer shall
automatically transfer on the last day of each month,
beginning on September 30, 1995 and ending on June 30, 2001,
from the General Revenue Fund to the Conservation 2000 Fund,
an amount equal to 1/10 of the amount set forth below in
fiscal year 1996 and an amount equal to 1/12 of the amount
set forth below in each of the other specified fiscal years:
Fiscal Year Amount
1996 $ 3,500,000
1997 $ 9,000,000
1998 $10,000,000
1999 $11,000,000
2000 $12,500,000
2001 $14,000,000
(c) There shall be deposited into the Conservation 2000
Projects Fund such bond proceeds and other moneys as may,
from time to time, be provided by law.
(Source: P.A. 89-49, eff. 6-29-95; 89-626, 8-9-96; revised
12-10-96.)
Section 45. The Illinois Pension Code is amended by
changing Section 15-106 as follows:
(40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
Sec. 15-106. Employer. "Employer": The University of
Illinois, Southern Illinois University, Chicago State
University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, the State Board of Higher Education, the Illinois
Mathematics and Science Academy, the State Geological Survey
Division of the Department of Natural Resources, the State
Natural History Survey Division of the Department of Natural
Resources, the State Water Survey Division of the Department
of Natural Resources, the Waste Management and Research
Hazardous Waste Research and Information Center of the
Department of Natural Resources, the University Civil Service
Merit Board, the Board of Trustees of the State Universities
Retirement System, the Illinois Community College Board,
State Community College of East St. Louis, community college
boards, any association of community college boards organized
under Section 3-55 of the Public Community College Act, and,
only during the period for which employer contributions
required under Section 15-155 are paid, the following
organizations: the alumni associations, the foundations and
the athletic associations which are affiliated with the
universities and colleges included in this Section as
employers. A department as defined in Section 14-103.04 is an
employer for any person appointed by the Governor under the
Civil Administrative Code of Illinois the State who is a
participating employee as defined in Section 15-109.
(Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
Section 50. The Civil Administrative Code of Illinois is
amended by changing Section 62 as follows:
(110 ILCS 355/62) (from Ch. 127, par. 62)
Sec. 62. Retention of duties by University of Illinois.
Unless otherwise provided by law, the functions and duties
formerly exercised by the State entomologist, the State
laboratory of natural history, the State water survey and the
State geological survey and vested in the Illinois Department
of Natural Resources, and the functions and duties of the
Waste Management and Research Hazardous Waste Research and
Information Center and its Hazardous Materials Laboratory as
authorized by the Hazardous Waste Technology Exchange Service
Act, approved September 16, 1984, as now or hereafter
amended, shall continue to be exercised at the University of
Illinois in buildings and places provided by the trustees
thereof.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 55. The Surface Coal Mining Land Conservation and
Reclamation Act is amended by changing Sections 1.03, 1.04,
1.05, 2.08, 6.07, 6.08, 7.03, 7.04, and 9.01 as follows:
(225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
Sec. 1.03. Definitions.
(a) Whenever used or referred to in this Act, unless a
different meaning clearly appears from the context;
(1) "Affected land" means:
(A) in the context of surface mining
operations, the areas described in Section
1.03(a)(24)(B), and
(B) in the context of underground mining
operations, surface areas on which such operations
occur or where such activities disturb the natural
land surface.
(2) "Approximate original contour" means that
surface configuration achieved by backfilling and grading
of the mined area so that the reclaimed area, including
any terracing or access roads, closely resembles the
general surface configuration of the land prior to mining
and blends into and compliments the drainage pattern of
the surrounding terrain, with all highwalls and spoil
piles eliminated.
(3) "Article" means an article of this Act.
(4) "Department" means the Department of Natural
Resources, or such department, bureau, or commission as
may lawfully succeed to the powers and duties of such
Department.
(5) "Director" means the Director of the Department
or such officer, bureau or commission as may lawfully
succeed to the powers and duties of such Director.
(6) "Federal Act" means the Federal Surface Mining
Control and Reclamation Act of 1977 (Public Law 95-87).
(7) "Imminent danger to the health and safety of
the public" means the existence of any condition or
practice, or any violation of a permit or other
requirement of this Act in a mining and reclamation
operation, which condition, practice, or violation could
reasonably be expected to cause substantial physical harm
to persons outside the permit area before such condition,
practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement
exists if a rational person, subjected to the same
conditions or practices giving rise to the peril, would
not expose himself to the danger during the time
necessary for abatement.
(8) (Blank).
(9) "Interagency Committee" means the Interagency
Committee on Surface Mining Control and Reclamation
created by Section 1.05.
(9-a) "Lands eligible for remining" means those
lands that would otherwise be eligible for expenditures
under the Abandoned Mined Lands and Water Reclamation
Act.
(10) "Mining and reclamation operations" means
mining operations and all activities necessary and
incident to the reclamation of such operations.
(11) "Mining operations" means both surface mining
operations and underground mining operations.
(12) "Operator" means any person engaged in coal
mining, and includes political subdivisions, units of
local government and instrumentalities of the State of
Illinois, and public utilities.
(13) "Permit" means a permit or a revised permit to
conduct mining operations and reclamation issued by the
Department under this Act.
(14) "Permit applicant" or "applicant" means a
person applying for a permit.
(15) "Permit application" or "application" means an
application for a permit under this Act.
(16) "Permit area" means the land described in the
permit.
(17) "Permittee" means a person holding a permit.
(18) "Permit term" means the period during which
the permittee may engage in mining operations under a
permit.
(19) "Person" means an individual, partnership,
copartnership, firm, joint venture, company, corporation,
association, joint stock company, trust, estate,
political subdivision, or any other public or private
legal entity, or their legal representative, agent or
assigns.
(20) "Reclamation" means conditioning areas
affected by mining operations to achieve the purposes of
this Act.
(21) "Reclamation plan" means a plan described in
Section 2.03.
(22) "Regulations" means regulations promulgated
under the Federal Act.
(23) "Section" means a section of this Act.
(24) "Surface mining operations" means (A)
activities conducted on the surface of lands in
connection with a surface coal mine or surface
operations. Such activities include excavation for the
purpose of obtaining coal including such common methods
as contour, strip, auger, mountaintop removal, box cut,
open pit, and area mining, coal recovery from coal waste
disposal areas, the uses of explosives and blasting, and
in situ distillation or retorting, leaching or other
chemical or physical processing, and the cleaning,
concentrating, or other processing or preparation,
loading of coal at or near the mine site; and (B) the
areas on which such activities occur or where such
activities disturb the natural land surface. Such areas
include any adjacent land the use of which is incidental
to any such activities, all lands affected by the
construction of new roads or the improvement or use of
existing roads to gain access to the site of such
activities and for haulage, and excavations, workings,
impoundments, dams, refuse banks, dumps, stockpiles,
overburden piles, spoil banks, culm banks, tailings,
holes or depressions, repair areas, storage areas,
processing areas, shipping areas and other areas upon
which are sited structures, facilities, or other property
or materials on the surface, resulting from or incident
to such activities.
(25) "Toxic conditions" and "toxic materials" mean
any conditions and materials that will not support higher
forms of plant or animal life in any place in connection
with or as a result of the completion of mining
operations.
(26) "Underground mining operations" means the
underground excavation of coal and (A) surface operations
incident to the underground extraction of coal, such as
construction, use, maintenance, and reclamation of roads,
above-ground repair areas, storage areas, processing
areas, shipping areas, areas on which are sited support
facilities including hoist and ventilation ducts, areas
used for the storage and disposal of waste, and areas on
which materials incident to underground mining operations
are placed, and (B) underground operations incident to
underground excavation of coal, such as underground
construction, operation, and reclamation of shafts,
adits, underground support facilities, in situ
processing, and underground mining, hauling, storage, or
blasting.
(27) "Unwarranted failure to comply" means the
failure of a permittee to prevent the occurrence of or to
abate any violation of his permit or any requirement of
this Act due to indifference, lack of diligence, or lack
of reasonable care.
The Department shall by rule define other terms used in
this Act if necessary or desirable to achieve the purposes of
this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04)
Sec. 1.04. Advisory Council on Reclamation.
(a) There is created the Surface Mining Advisory Council
to consist of 9 members, plus the Director or his or her
designee. Members of the Advisory Council shall be appointed
by the Governor, with the advice and consent of the Senate.
The members appointed to the Council shall represent the
following interests: conservation, agriculture, surface coal
mining industry, local government, environmental protection,
the colleges and universities, underground coal mining
industry, labor, and the general public. The members shall
be knowledgeable concerning the nature of problems of mining
operations and reclamation. The Council shall select from
its members a chairperson and such other officers as it deems
necessary. The term of membership on the Advisory Council
shall be 3 years, except that the Governor may make initial
appointments or fill vacancies for lesser terms so that at
least 3 memberships expire annually. Members may be
reappointed. Vacancies occurring on the Advisory Council
shall be filled, as nearly as possible, with a person
representing the interest of his or her predecessor on the
Advisory Council. Members of the Council shall be reimbursed
for ordinary and necessary expenses incurred in the
performance of the Council's duties. Members of the Council
shall, in addition, receive $100 a day for each day spent in
the performance of their duties as Advisory Council members.
(b) The Advisory Council shall meet at least 3 times in
each calendar year on a date specified at least one week in
advance of the meeting. A meeting may be called by the
Director or on the request of a majority of Advisory Council
members.
(c) The Council shall act solely as an advisory body to
the Director and to the Land Reclamation Division of the
Office of Mines and Minerals within the Department. The
recommendations of the Council shall have no binding effect
on the Director or on the Division of Land Reclamation. The
advice, findings and recommendations of the Advisory Council
shall be made public in a semi-annual report published by the
Department.
(d) The Department shall present proposed rules related
to this Act, and proposed changes in such rules, to the
Advisory Council for its comments before putting such rules
or changes into effect, except for circumstances of emergency
or other circumstances enumerated in subsection 5(b), (d) and
(e) of The Illinois Administrative Procedure Act.
(e) The Council shall review the Federal Act and the
development and implementation of an approved permanent State
program thereunder. The Council shall make its review and
written recommendations to the Director. The Council may
seek comment from affected persons and the public prior to
making its recommendations.
(f) If as a result of any final action by the Congress
of the United States, any agency of the United States, or any
court, any provision of the Federal Act or the Regulations is
amended, modified, construed, or rendered inapplicable to
mining and reclamation operations in this State, the Director
shall forthwith call a meeting of the Council. The Council
shall review such final action and its effect in this State.
The Council shall recommend changes in this Act and the rules
adopted under this Act which would cause application of this
Act to reflect such final action. Pending formal amendment
of this Act for reason stated in this subsection, the
Director may administer this Act by emergency regulations in
accordance with the purposes of this Act and in a manner
consistent with any such final action of Congress, a federal
agency or a court.
(Source: P.A. 81-1015.)
(225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
Sec. 1.05. Interagency Committee. There is created the
Interagency Committee on Surface Mining Control and
Reclamation, which shall consist of the Director (or Division
Head) of each of the following State agencies: (a) the
Department of Agriculture, (b) the Environmental Protection
Agency, (c) the Department of Commerce and Community Affairs,
and (d) any other State Agency designated by the Director as
having a programmatic role in the review or regulation of
mining operations and reclamation whose comments are expected
by the Director to be relevant and of material benefit to the
process of reviewing permit applications under this Act. The
Interagency Committee on Surface Mining Control and
Reclamation shall be abolished on June 30, 1997. Beginning
July 1, 1997, all programmatic functions formerly performed
by the Interagency Committee on Surface Mining Control and
Reclamation shall be performed by the Office of Mines and
Minerals within the Department of Natural Resources, except
as otherwise provided by Section 9.04 of this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08)
Sec. 2.08. Standards for approval of permits and
revisions.
(a) On the basis of a complete application, or a
revision thereof, and after completion of the procedures
required by Section 2.04, the Department shall grant, require
modification of, or deny the application. The applicant
shall have the burden of establishing that its application
complies with all the requirements of this Act.
(b) No permit or revised permit shall be issued unless
the application affirmatively demonstrates, and the
Department finds that (1) the application is accurate and
complete and that all the requirements of this Act have been
complied with; (2) the applicant has demonstrated that
reclamation as required by this Act can be accomplished under
this reclamation plan and that completion of the reclamation
plan will in fact comply with every applicable performance
standard of this Act; (3) the assessment of the probable
cumulative impact of all anticipated mining in the area on
the hydrologic balance specified by the Department by rule
has been made by the Department and the proposed mining
operation has been designed to prevent material damage to
hydrologic balance outside the permit area; and (4) the area
proposed to be mined is not included within an area
designated unsuitable for surface coal mining under Article
VII and is not within an area under study for such
designation in an administrative proceeding commenced under
Article VII. Except for operations subject to exemption by
Section 510(d)(2) of the Federal Act (PL95-87), a permit or
revised permit for mining operations on prime farmland may be
issued only if the Department also finds in writing that the
operator has the technological capability to restore such
mined area, within a reasonable time, to equivalent or higher
levels of yield as non-mined prime farmland in the
surrounding area under equivalent levels of management and
can meet the soil reconstruction standards in Section 3.07.
Such findings shall be made in accordance with standards and
procedures adopted by the Department by rule. The Department
shall make the findings required by this subsection in
writing on the basis of the information set forth in the
application, or from information otherwise available which is
described in the Department's findings and made available to
the applicant and the public.
(c) A permit or revised permit may be issued only after
the Department considers in writing any comments filed by
members of the Interagency Committee and County Boards. When
a complete application is received by the Department, a copy
of it shall be provided to each member of the Interagency
Committee. Members of the Interagency Committee shall review
and comment on protection of the hydrologic system, water
pollution control, the reclamation plan, soil handling
techniques, dams and impoundments and postmining land use.
Comments on the application shall be in writing and shall be
filed with the Department within 45 days. Each member's
comments shall be based on factual, legal and technical
considerations with respect to which his agency has
authority, and which shall be set forth in writing. A
member who does not comment within 45 days shall be deemed to
have waived his right to comment under this subsection. The
Department shall file comments received from Interagency
Committee members at the same locations at which the permit
application is available for public inspection in accordance
with Section 2.04.
(d) If information available to the Department indicates
that any mining operation owned or controlled by the
applicant is currently in violation of this Act or other laws
pertaining to air or water environmental protection, the
permit shall not be issued until the applicant submits proof
that such violation has been corrected or is in the process
of being corrected to the satisfaction of the Department, or
of the department or agency which has jurisdiction over such
violation. No permit shall be issued to an applicant after a
finding by the Department, after opportunity for hearing,
that the applicant, or the operator specified in the
application, controls or has controlled mining operations
with a demonstrated pattern of wilful violations of the
Federal Act or this Act of such nature and duration and with
such resulting irreparable damage to the environment as to
indicate an intent not to comply with the provisions of the
Federal Act or this Act.
(e) After the effective date of this amendatory Act of
1997, the prohibition of subsection (d) shall not apply to a
permit application due to any violation resulting from an
unanticipated event or condition at a surface coal mining
operation on lands eligible for remining under a permit held
by the person making such application.
As used in this subsection:
(1) "unanticipated event or condition" means an
event or condition encountered in a remining operation
that was not contemplated in the applicable surface coal
mining and reclamation permit; and
(2) "violation" has the same meaning as such term
has under subsection (d).
(Source: P.A. 81-1015.)
(225 ILCS 720/6.07) (from Ch. 96 1/2, par. 7906.07)
Sec. 6.07. Forfeiture.
(a) The Attorney General, on request of the Department,
shall institute proceedings to have the bond of the operator
forfeited for violation by the operator of any of the
provisions of this Act or for noncompliance with any lawful
rule or regulation promulgated by the Department thereunder.
Before making such request of the Attorney General, the
Department shall notify the operator in writing of the
alleged violation or non-compliance and shall afford the
operator the right to appear before the Department at a
hearing to be held not less than 30 days after the receipt of
such notice by the operator. At the hearing the operator may
present for the consideration of the Department statements,
documents and other information with respect to the alleged
violation. After the conclusion of the hearing, the
Department shall either withdraw the notice of violation or
shall request the Attorney General to institute proceedings
to have the bond of the operator forfeited as to the land
involved.
(b) The Department shall prescribe by rule the events
and conditions on the basis of which it may request the
Attorney General to institute bond forfeiture proceedings.
Such rules shall be no less stringent than the Regulations.
(c) In the event that the Department requests the
Attorney General to institute proceedings to have the bond
forfeited, the Department shall send written notification to
the permittee and, if applicable, the surety on the bond,
stating the reasons for its decision and the amount to be
forfeited.
(d) The amount of forfeiture shall be based on the
actual cost of the necessary work by a third party to remedy
the violation, except that the amount shall not exceed the
amount of the bond or deposit for the area in which the
violation occurred.
(e) Any operator against whom forfeiture proceedings
have been required shall not be issued a permit for further
mining in Illinois unless he provides additional assurances
satisfactory to the Department that such proceedings will not
again become necessary.
(f) In the event the bond or deposit for a surface coal
mining operation on lands eligible for remining is forfeited,
funds appropriated for expenditure under the Abandoned Mined
Lands and Water Reclamation Act may be used if the amount of
the bond or deposit is not sufficient to provide for adequate
reclamation or abatement.
(Source: P.A. 81-1015.)
(225 ILCS 720/6.08) (from Ch. 96 1/2, par. 7906.08)
Sec. 6.08. Release of bonds.
(a) A permittee may file a request with the Department
for the release of all or part of a performance bond or
deposit. Within 30 days after an application for such release
has been filed with the Department, the operator shall submit
a copy of a public notice placed at least once a week for 4
successive weeks in a newspaper of general circulation in the
locality of the mining operation. Such public notice shall
be considered part of the bond release application and shall
contain a notification of the precise location of the land
affected, the number of acres, the permit and the date it was
approved, the amount of the bond filed and the portion sought
to be released, the type and approximate dates of reclamation
work performed, and a description of the results achieved as
they relate to the operator's approved reclamation. In
addition, as part of any bond release application, the
applicant shall submit copies of letters which he has sent to
adjoining property owners, local governmental bodies, county
boards, planning agencies, and sewage and water treatment
authorities, or water companies in the locality in which the
mining and reclamation operations took place, notifying them
of his intention to seek release from the bond.
(b) Within 30 days after receipt of the notification and
request, the Department shall conduct an inspection and
evaluation of the reclamation work involved. Such evaluation
shall consider, among other things, the degree of difficulty
to complete any remaining reclamation, whether pollution of
surface and subsurface water is occurring, the probability of
continuance or future occurrence of such pollution, and the
estimated cost of abating such pollution.
(c) Any person with a valid legal interest which might
be adversely affected by release of the bond or deposit, or
the responsible officer or head of any Federal, State, or
local governmental agency which has jurisdiction by law or
special expertise with respect to any environmental, social,
or economic impact involved in the operation, or is
authorized to develop and enforce environmental standards
with respect to such operations, may file written objections
to the proposed release with the Department within 30 days
after the last publication of the notice provided in
subsection (a) of this Section. If written objections are
filed, and a hearing is requested, the Department shall
inform all interested parties of the time and place of the
hearing, and shall hold a public hearing in the locality of
the mining operation proposed for bond or deposit release
within 30 days after the request for such hearing. At the
option of an objector, hearings shall be held at the State
capital. The Department shall advertise the date, time and
location of such public hearings in a newspaper of general
circulation in the locality for 2 consecutive weeks.
(d) The Department may release in whole or in part said
bond or deposit if the Department is satisfied the
reclamation covered by the bond or deposit or portion thereof
has been accomplished as required by this Act according to
the following schedule:
(1) When the operator completes the backfilling,
regrading, and drainage control of a bonded area in
accordance with an approved reclamation plan, a maximum of 60
per cent of the bond or collateral for the applicable permit
area may be released.
(2) After revegetation has been established on the
regraded mined lands in accordance with the approved
reclamation plan, an additional amount of the bond or deposit
may be released. When determining the amount of bond or
deposit to be released after successful revegetation has been
established, the Department shall retain that amount of bond
or deposit for the revegetated area which would be sufficient
for a third party to pay the cost of reestablishing
revegetation and for the period specified for operator
responsibility. No part of the bond or deposit shall be
released under this paragraph so long as the lands to which
the release would be applicable are contributing suspended
solids to streamflow or runoff outside the permit area in
excess of the requirements set by this Act or until soil
productivity for prime farmlands has returned to equivalent
levels of yield as nonmined land of the same soil type in the
surrounding area under equivalent management practices.
(3) When the operator has successfully completed all
mining and reclamation activities, the remaining portion of
the bond may be released, but not before the expiration of
the period specified for operator responsibility.
(4) No bond shall be fully released until all
reclamation requirements of the permit and this Act are fully
met.
(e) The Department shall notify the permittee in writing
of its decision to release or not to release all or part of
the performance bond or deposit (1) within 60 days after the
filing of the request, if no public hearing is held under
subsection (c) of this Section, or (2) if a public hearing
has been held under subsection (c) of this Section, within 30
days thereafter.
(f) If the Department disapproves the application for
release of the bond or deposit or portion thereof, the
Department shall state in writing the reasons for disapproval
and shall recommend corrective actions necessary to secure
said release. An opportunity for a public hearing shall be
provided.
(g) If the Department approves the application, it shall
notify the municipality and county in which the mining
operation is located by certified mail at least 30 days prior
to the release of all or a portion of the bond or deposit.
(h) The Department may by rule provide procedures for
the administration of this Section, including procedures for
hearings and informal conferences.
(i) Surface coal mining operations on lands eligible for
remining shall not affect the eligibility of those lands for
reclamation and restoration under the Abandoned Mined Lands
and Water Reclamation Act after the release of the bond or
deposit for any such operation under this Section.
(Source: P.A. 81-1509.)
(225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03)
Sec. 7.03. Procedure for designation.
(a) Any person having an interest which is or may be
adversely affected shall have the right to petition the
Department to have an area designated as unsuitable for all
or certain types of mining operations, or to have such a
designation terminated. Such a petition shall contain
allegations of facts with supporting evidence which would
tend to establish the allegations.
(b) Immediately after a petition under this Section is
received, the Department shall prepare a land report in
accordance with Section 7.04, unless the petition is rejected
by the Department as incomplete, frivolous, or submitted by a
person lacking an interest which is or may be adversely
affected by surface coal mining operations.
(c) Within 10 months after receipt of the petition, the
Department shall hold a public hearing in the locality of the
affected area, after appropriate notice and publication of
the date, time, and location of such hearing. Such notice
and publication shall state that a Land Report is available
for public inspection and the locations at which it may be
inspected. Such a hearing shall be held not less than 30
days after the Land Report has been prepared by the
Department in accordance with Section 7.04. After petition
is filed under this Section and before the hearing, any
person may intervene by filing allegations of facts with
supporting evidence which would tend to establish the
allegations.
(d) Within 60 days after such hearing, the Department
shall issue and furnish to the petitioner and all other
parties to the hearing, a written decision regarding the
petition, and the reasons therefor.
(e) In the event that all the petitioners stipulate
agreement prior to the requested hearing, and withdraw their
request, such hearing need not be held.
(f) The Department may by rule adopt additional
procedures for designation of lands under this Article. The
Department shall adopt rules to prevent the filing of
repetitive or frivolous petitions with respect to particular
lands, and prescribing procedures for expediting decisions on
repetitive or frivolous petitions.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04)
Sec. 7.04. Land Report.
(a) The Department shall prepare a Land Report with
respect to each petition filed with the Department under
Section 7.03. Each Land Report shall evaluate whether mining
operations on the land which is the subject of the petition
would have any or all of the effects described in subsection
(b) of Section 7.02. Each Land Report shall also contain a
detailed statement on (1) the potential coal resources of the
area, (2) the demand for coal resources, and (3) the impact
of a designation of such lands as unsuitable for mining on
the environment, the economy, and the supply of coal. The
Land Report shall state objectively the information which the
Department has, but shall not contain a recommendation with
respect to whether the petition should be granted or denied.
Each Land Report shall be completed not later than eight
months after receipt of the petition filed under Section
7.03.
(b) Each Land Report shall be made available to the
public by the Department at least 30 days before the
Department holds a public hearing under Section 7.03.
(Source: P.A. 89-445, eff. 2-7-96.)
(225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01)
Sec. 9.01. Rules.
(a) The Department may propose, adopt and promulgate
reasonable rules in conformity with this Act. When it
proposes or adopts rules the Department shall consider the
terrain, the climate and other conditions of this State.
Rules shall reflect the distinct differences between surface
mining operations and underground mining operations.
(b) Any person may file a written petition with the
Department proposing the adoption, amendment or repeal of any
rule under this Act. Within 90 days after a receipt of a
petition, the Department shall initiate a rule-making
proceeding under this Section with respect to such proposal,
or deny such petition, setting forth in writing the reasons
for such denial.
(c) Prior to the adoption, amendment, or repeal of any
rule, the Department shall give at least 45 days notice of
its intended action. This notice period shall commence on the
first day the notice appears in the Illinois Register. The
notice shall include (1) a text of the proposed rule, or the
old and new materials of a proposed amendment, or the text of
the provision to be repealed; (2) the specific statutory
citation on which the proposed rule, the proposed amendment
to a rule or the proposed repeal of a rule is based and is
authorized; (3) a description of the subjects and issues
involved; and (4) the time, place and manner in which
interested persons may present their views and comments on
the intended action. The notice shall be mailed to all
persons who have filed a request with the Department for
advance notice of rule-making proceedings.
(d) All interested persons who submit a request within
30 days after notice of the proposed change is published in
the Illinois Register shall be afforded a reasonable
opportunity to submit data, views, arguments or comments,
either orally or in writing or both. The right to
cross-examine any witnesses shall be given to any interested
parties, if such right is requested. The Department shall
consider fully all written and oral submissions respecting
the proposed rule.
(e) No rule may be adopted unless substantial evidence
in support of such rule is submitted. When a rule is adopted,
the Department shall issue a concise statement of the
principal reasons for or against its adoption, and its
reasons for overruling the considerations urged against its
adoption.
(f) No rule is valid unless adopted in compliance with
this Section.
(g) The Department shall file in the office of the
Secretary of State and in the Department's principal office a
certified copy of each rule and modification or repeal of any
rule adopted by it.
(c) (h) Each adopted rule is effective 30 days after
filing, unless a later date is specified in the rule. No rule
adopted shall be retroactive. Any operator shall have the
right to proceed with operations under this Act until such
rules are adopted and no such rules shall be made applicable
to any operations prior to the effective date thereof.
(d) (i) In addition to the provisions of this Section,
and to the extent consistent with this Section, the
provisions of the Illinois Administrative Procedure Act apply
to the adoption of rules under this Act.
(Source: P.A. 81-1015.)
Section 60. The Toxic Pollution Prevention Act is amended
by changing Sections 3 and 5 as follows:
(415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
Sec. 3. Definitions. As used in this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Center" means the Waste Management and Research
Hazardous Waste Research and Information Center.
"Person" means any individual, partnership,
co-partnership, firm, company, corporation, association,
joint stock company, trust, political subdivision, State
agency, or any other legal entity, or its legal
representative, agent or assigns.
"Release" means emission to the air, discharge to surface
waters or off-site wastewater treatment facilities, or
on-site release to the land, including but not limited to
landfills, surface impoundments and injection wells.
"Toxic substance" means any substance listed by the
Agency pursuant to Section 4 of this Act.
"Toxic pollution prevention" means in-plant practices
that reduce, avoid or eliminate: (i) the use of toxic
substances, (ii) the generation of toxic constituents in
wastes, (iii) the disposal or release of toxic substances
into the environment, or (iv) the development or manufacture
of products with toxic constituents, through the application
of any of the following techniques:
(1) input substitution, which refers to replacing a
toxic substance or raw material used in a production
process with a nontoxic or less toxic substance;
(2) product reformulation, which refers to
substituting for an existing end product an end product
which is nontoxic or less toxic upon use, release or
disposal;
(3) production process redesign or modification,
which refers to developing and using production processes
of a different design than those currently used;
(4) production process modernization, which refers
to upgrading or replacing existing production process
equipment or methods with other equipment or methods
based on the same production process;
(5) improved operation and maintenance of existing
production process equipment and methods, which refers to
modifying or adding to existing equipment or methods,
including but not limited to such techniques as improved
housekeeping practices, system adjustments, product and
process inspections, and production process control
equipment or methods;
(6) recycling, reuse or extended use of toxic
substances by using equipment or methods which become an
integral part of the production process, including but
not limited to filtration and other closed loop methods.
However, "toxic pollution prevention" shall not include
or in any way be inferred to promote or require incineration,
transfer from one medium of release to another, off-site or
out of process waste recycling, or end of pipe treatment of
toxic substances.
"Trade secret" means any information concerning
production processes employed or substances manufactured,
processed or otherwise used within a facility which the
Agency determines to satisfy the criteria established under
Section 3.48 of the Environmental Protection Act, and to
which specific trade secret status has been granted by the
Agency.
(Source: P.A. 86-914.)
(415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
Sec. 5. Toxic Pollution Prevention Assistance Program.
There is hereby established a Toxic Pollution Prevention
Assistance Program at the Waste Management and Research
Hazardous Waste Research and Information Center. The Center
may establish cooperative programs with public and private
colleges and universities designed to augment the
implementation of this Section. The Center may establish
fees, tuition, or other financial charges for participation
in the Assistance Program. These monies shall be deposited in
the Toxic Pollution Prevention Fund established in Section 7
of this Act. Through the Assistance Program, the Center:
(1) Shall provide general information about and
actively publicize the advantages of and developments in
toxic pollution prevention.
(2) May establish courses, seminars, conferences
and other events, and reports, updates, guides and other
publications and other means of providing technical
information for industries, local governments and
citizens concerning toxic pollution prevention
strategies, and may, as appropriate, work in cooperation
with the Agency.
(3) Shall engage in research on toxic pollution
prevention methods. Such research shall include
assessments of the impact of adopting toxic pollution
prevention methods on the environment, the public health,
and worker exposure, and assessments of the impact on
profitability and employment within affected industries.
(4) Shall provide on-site technical consulting, to
the extent practicable, to help facilities to identify
opportunities for toxic pollution prevention, and to
develop toxic pollution prevention plans. To be eligible
for such consulting, the owner or operator of a facility
must agree to allow information regarding the results of
such consulting to be shared with the public, provided
that the identity of the facility shall be made available
only with its consent, and trade secret information shall
remain protected.
(5) May sponsor pilot projects in cooperation with
the Agency, or an institute of higher education to
develop and demonstrate innovative technologies and
methods for toxic pollution prevention. The results of
all such projects shall be available for use by the
public, but trade secret information shall remain
protected.
(6) May award grants for activities that further
the purposes of this Act, including but not limited to
the following:
(A) grants to not-for-profit organizations to
establish free or low-cost technical assistance or
educational programs to supplement the toxic
pollution prevention activities of the Center;
(B) grants to assist trade associations,
business organizations, labor organizations and
educational institutions in developing training
materials to foster toxic pollution prevention; and
(C) grants to assist industry, business
organizations, labor organizations, education
institutions and industrial hygienists to identify,
evaluate and implement toxic pollution prevention
measures and alternatives through audits, plans and
programs.
The Center may establish criteria and terms for such
grants, including a requirement that a grantee provide
matching funds. Grant money awarded under this Section
may not be spent for capital improvements or equipment.
In determining whether to award a grant, the
Director shall consider at least the following:
(i) the potential of the project to prevent
pollution;
(ii) the likelihood that the project will
develop techniques or processes that will minimize
the transfer of pollution from one environmental
medium to another;
(iii) the extent to which information to be
developed through the project will be applicable to
other persons in the State; and
(iv) the willingness of the grant applicant to
assist the Center in disseminating information about
the pollution prevention methods to be developed
through the project.
(7) Shall establish and operate a State information
clearinghouse that assembles, catalogues and disseminates
information about toxic pollution prevention and
available consultant services. Such clearinghouse shall
include a computer database containing information on
managerial, technical and operational approaches to
achieving toxic pollution prevention. The computer
database must be maintained on a system designed to
enable businesses, governmental agencies and the general
public readily to obtain information specific to
production technologies, materials, operations and
products. A business shall not be required to submit to
the clearinghouse any information that is a trade secret.
(8) May contract with an established institution of
higher education to assist the Center in carrying out the
provisions of this Section. The assistance provided by
such an institution may include, but need not be limited
to:
(A) engineering field internships to assist
industries in identifying toxic pollution prevention
opportunities;
(B) development of a toxic pollution
prevention curriculum for students and faculty; and
(C) applied toxic pollution prevention and
recycling research.
(9) Shall emphasize assistance to businesses that
have inadequate technical and financial resources to
obtain information and to assess and implement toxic
pollution prevention methods.
(10) Shall publish a biannual report on its toxic
pollution prevention activities, achievements, identified
problems and future goals.
(Source: P.A. 86-914; 86-1363.)
Section 65. The Illinois Pollution Prevention Act is
amended by changing Section 10 as follows:
(415 ILCS 115/10)
Sec. 10. Definitions. As used in this Act:
"Agency" means the Illinois Environmental Protection
Agency.
"Center" means the Waste Management and Research
Hazardous Waste Research and Information Center.
"Person" means any individual, partnership,
co-partnership, firm, company, corporation, association,
joint stock company, trust, political subdivision, State
agency, or any other legal entity, or its legal
representative, agent or assigns.
"Release" means emission to the air, discharge to surface
waters or off-site wastewater treatment facilities, or
on-site release to the land, including but not limited to
landfills, surface impoundments and injection wells.
"Toxic or hazardous materials" means (i) any materials
that are reported to the Agency as released in Illinois under
Section 313 of the federal Emergency Planning and Community
Right to Know Act of 1986; and (ii) those wastes that are
reported as hazardous wastes by hazardous waste generators in
Illinois.
(Source: P.A. 87-1213.)
Section 67. The Firearm Owners Identification Card Act
is amended by changing Section 3a as follows:
(430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
Sec. 3a. (a) Any resident of Illinois who has obtained a
firearm owner's identification card pursuant to this Act and
who is not otherwise prohibited from obtaining, possessing or
using a firearm may purchase or obtain a rifle or shotgun or
ammunition for a rifle or shotgun in Iowa, Missouri, Indiana,
Wisconsin or Kentucky.
(b) Any resident of Iowa, Missouri, Indiana, Wisconsin
or Kentucky or a non-resident with a valid non-resident
hunting license, who is 18 years of age or older and who is
not prohibited by the laws of Illinois, the state of his
domicile, or the United States from obtaining, possessing or
using a firearm, may purchase or obtain a rifle, shotgun or
ammunition for a rifle or shotgun in Illinois.
(c) Any transaction under this Section is subject to the
provisions of the Gun Control Act of 1968 (18 U.S.C. 922
(b)(3)).
(Source: P.A. 84-442; 84-819.)
Section 70. The Fish and Aquatic Life Code is amended by
changing Section 15-35 as follows:
(515 ILCS 5/15-35) (from Ch. 56, par. 15-35)
Sec. 15-35. Mussels; open season. Mussels may be taken
only during the period of April 1 15 to September 30, both
inclusive, and then only from sunrise to sunset and only by
means of crowfoot bars or hand picking, with or without the
aid of air breathing apparatus; except that in the Illinois
River and Mississippi River, including adjoining back water
lakes, mussels may be taken during the season by the
additional means of hand rakes, hand forks, or hand dredges.
Mussels may be taken from the Mississippi, Ohio, Wabash, and
Illinois rivers. Mussel fishing is permitted in other waters
only upon written authorization from the Department.
(Source: P.A. 87-833.)
Section 75. The Wildlife Code is amended by changing
Section 2.26 as follows:
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Any person attempting to take deer shall
first obtain a "Deer Hunting Permit" in accordance with
prescribed regulations set forth in an Administrative Rule.
Deer Hunting Permits shall be issued by the Department. The
fee for a Deer Hunting Permit to take deer with either bow
and arrow or gun shall not exceed $15.00 for residents of the
State. The Department may by administrative rule provide for
non-resident deer hunting permits for which the fee will not
exceed $100 except as provided below for non-resident
landowners. Permits shall be issued without charge to:
(a) Illinois landowners residing in Illinois who
own at least 40 acres of Illinois land and wish to hunt
their land only,
(b) resident tenants of at least 40 acres of
commercial agricultural land where they will hunt, and
(c) shareholders of a corporation which owns at
least 40 acres of land in a county in Illinois who wish
to hunt on the corporation's land only. One permit shall
be issued without charge to one shareholder for each 40
acres of land owned by the corporation in a county;
however, the number of permits issued without charge to
shareholders of any corporation in any county shall not
exceed 15.
Bona fide landowners or tenants who do not wish to hunt
only on the land they own, rent or lease or shareholders who
do not wish to hunt only on the land owned by the corporation
shall be charged the same fee as the applicant who is not a
landowner, tenant or shareholder. Nonresidents of Illinois
who own at least 40 acres of land and wish to hunt on their
land only shall be charged a fee set by administrative rule.
The method for obtaining these permits shall be prescribed by
administrative rule.
The deer hunting permit issued without fee shall be valid
on all farm lands which the person to whom it is issued owns,
leases or rents, except that in the case of a permit issued
to a shareholder, the permit shall be valid on all lands
owned by the corporation in the county.
The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his possession any other firearm or
sidearm when taking deer by the use of either a shotgun, bow
and arrow or muzzle loading rifle.
Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to sunset, and only during those days for
which an open season is established for the taking of deer by
use of shotgun or muzzle loading rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during
those days for which an open season is established for the
taking of deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use
of dogs, horses, automobiles, aircraft or other vehicles, or
by the use of salt or bait of any kind. An area is
considered as baited during the presence of and for 10
consecutive days following the removal of bait.
It shall be unlawful to possess or transport any wild
deer which has been injured or killed in any manner upon a
public highway or public right-of-way of this State unless
exempted by administrative rule.
Persons hunting deer must have gun unloaded and no or bow
and arrow cased, unstrung or otherwise made inoperable by a
locking device shall be carried with the arrow in the nocked
position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the
legal limit of deer by gun, to further participate with gun
in any deer hunting party.
It shall be unlawful for any person, having taken the
legal limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
The Department may prohibit upland game hunting during
the gun deer season by administrative rule.
It shall be legal for handicapped persons, as defined in
Section 2.33, to utilize a crossbow device, as defined in
Department rules, to take deer.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 87-1015; 87-1243; 87-1268; 88-45; 88-416;
88-670, eff. 12-2-94.)
Section 99. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
SEE INDEX
20 ILCS 415/4c from Ch. 127, par. 63b104c
20 ILCS 605/46.13a from Ch. 127, par. 46.13a
20 ILCS 608/15
20 ILCS 801/15-5
20 ILCS 801/20-5
20 ILCS 805/63a from Ch. 127, par. 63a
20 ILCS 805/63b1.2 new
20 ILCS 805/63b2.9 new
20 ILCS 1105/16 from Ch. 96 1/2, par. 7415
20 ILCS 1130/3 from Ch. 111 1/2, par. 6803
20 ILCS 1130/4 from Ch. 111 1/2, par. 6804
20 ILCS 1130/5 from Ch. 111 1/2, par. 6805
20 ILCS 1130/6 from Ch. 111 1/2, par. 6806
30 ILCS 105/6z-32
40 ILCS 5/15-106 from Ch. 108 1/2, par. 15-106
110 ILCS 355/62 from Ch. 127, par. 62
225 ILCS 720/1.03 from Ch. 96 1/2, par. 7901.03
225 ILCS 720/1.04 from Ch. 96 1/2, par. 7901.04
225 ILCS 720/1.05 from Ch. 96 1/2, par. 7901.05
225 ILCS 720/2.08 from Ch. 96 1/2, par. 7902.08
225 ILCS 720/6.07 from Ch. 96 1/2, par. 7906.07
225 ILCS 720/6.08 from Ch. 96 1/2, par. 7906.08
225 ILCS 720/7.03 from Ch. 96 1/2, par. 7907.03
225 ILCS 720/7.04 from Ch. 96 1/2, par. 7907.04
225 ILCS 720/9.01 from Ch. 96 1/2, par. 7909.01
415 ILCS 85/3 from Ch. 111 1/2, par. 7953
415 ILCS 85/5 from Ch. 111 1/2, par. 7955
415 ILCS 115/10
515 ILCS 5/15-35 from Ch. 56, par. 15-35
520 ILCS 5/2.26 from Ch. 61, par. 2.26