Public Act 0142 104TH GENERAL ASSEMBLY

SB2309 Enrolled LRB104 10958 LNS 21040 b

Public Act 104-0142

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Rivers, Lakes, and Streams Act is amended by changing Sections 26a and 35 as follows:

(615 ILCS 5/26a) (from Ch. 19, par. 74)

Sec. 26a. The Department of Natural Resources may issue orders requiring all necessary remedial actions to correct violations of this Act and impose the civil penalties provided in this Section. All orders entered by the Department of Natural Resources shall be made only upon giving reasonable notice to persons to be affected by such orders; or having any interest in the subject matter of such orders and after a hearing in relation thereto. Any person who violates any provision of this Act; any rule or regulation adopted by the Department; any permit, term, or condition of this Act; or any order of the Department under this Act, shall be liable for a civil penalty of up to 2 times the applicable permit fee, but not to exceed $5,000 for a violation. The penalty fee may, upon order of the Department of Natural Resources or a court of competent jurisdiction, be made payable to the Department and deposited into the Water Resources State Boating Act Fund and may be used for the purposes as authorized under Section 59.14 of the Environmental Protection Act. The moneys deposited into the Water Resources Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act for use by the Department for ordinary and contingent expenses.

(Source: P.A. 99-73, eff. 1-1-16.)

(615 ILCS 5/35)

Sec. 35. Permit fees. The Department of Natural Resources shall collect a fee of up to $5,000 per application for permits issued under this Act. The Department of Natural Resources shall set the specific fee applicable to different permits issued under this Act by administrative rule, provided that no fee exceeds $5,000. All fees collected pursuant to this Section shall be deposited in the Water Resources Fund and may be used for the purposes as authorized under Section 59.14 of the Environmental Protection Act. State Boating Act Fund for use by the Department of Natural Resources for the ordinary and contingent expenses of the Department of Natural Resources. No permit application shall be processed until the application fee is paid to the Department of Natural Resources. The monies deposited into the Water Resources State Boating Act Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)