Sen. Terry Link
Filed: 5/19/2004
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1 | AMENDMENT TO HOUSE BILL 913
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2 | AMENDMENT NO. ______. Amend House Bill 913 on page 1, line | ||||||
3 | 5, by deleting "Illinois"; and | ||||||
4 | on page 1, immediately below line 5, by inserting the | ||||||
5 | following:
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6 | "Section 5. Scope. This Act does not apply to property | ||||||
7 | within a municipality
with a population greater than 500,000, | ||||||
8 | nor to property within the incorporated
or unincorporated area | ||||||
9 | of a county with a population greater than 3,000,000.
| ||||||
10 | Section 10. Definitions. For the purposes of this Act:
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11 | (a) "ADID" means those aquatic sites identified by the | ||||||
12 | United States
Environmental Protection Agency and the United | ||||||
13 | States Army Corps of Engineers
as areas generally unsuitable | ||||||
14 | for disposal of dredged or fill material in
accordance with 40 | ||||||
15 | C.F.R. Part 230.80.
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16 | (b) "Affected property" means any property upon which a | ||||||
17 | regulated activity
is conducted.
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18 | (c) "Agency" means the Illinois Environmental Protection | ||||||
19 | Agency.
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20 | (d) "Agricultural land" means land that is currently used | ||||||
21 | for normal farming
or ranching activities.
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22 | (e) "Avoidance" means any action taken in a manner such | ||||||
23 | that a regulated
activity will not occur.
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1 | (f) "Bog" means a peat-accumulating wetland that has no | ||||||
2 | significant inflows
or outflows and supports acidophilic | ||||||
3 | mosses, particularly sphagnum, resulting
in highly acidic | ||||||
4 | conditions.
| ||||||
5 | (g) "Commencing such a regulated activity" means any steps | ||||||
6 | taken in
preparation of conducting a regulated activity that | ||||||
7 | may impact the affected
property, such as cutting, filling, | ||||||
8 | pumping of water, and earth movement.
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9 | (h) "Committee" means the Wetlands Advisory Committee.
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10 | (i) "Contiguous wetland" means a wetland that is delineated | ||||||
11 | on the
affected property and extends beyond the boundary of | ||||||
12 | that property.
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13 | (j) "Converted wetland" means a wetland that has been | ||||||
14 | drained, dredged,
filled, leveled, or otherwise manipulated | ||||||
15 | (including the removal of woody
vegetation or any activity that | ||||||
16 | results in impairing or reducing the flow and
circulation of | ||||||
17 | water) for the purpose of or with the effect of making possible
| ||||||
18 | the production of an agricultural commodity without further | ||||||
19 | application of the
manipulations described herein if: (i) such | ||||||
20 | production would not have been
possible but for such action, | ||||||
21 | and (ii) before such action such land was
wetland, farmed | ||||||
22 | wetland, or farmed-wetland pasture and was neither highly
| ||||||
23 | erodible land nor highly erodible cropland.
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24 | (k) "Corps of Engineers" or "COE" means the United States | ||||||
25 | Army Corps of
Engineers.
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26 | (l) "Cypress swamp" means forested, permanent or | ||||||
27 | semi-permanent bodies of
water, with species assemblages | ||||||
28 | characteristic of the Gulf and Southeastern
Coastal Plains, | ||||||
29 | including bald cypress, which are restricted to extreme
| ||||||
30 | southern Illinois.
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31 | (m) "Department" means the Illinois Department of Natural | ||||||
32 | Resources.
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33 | (n) "Director" means the Director of Natural Resources.
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34 | (o) "Fen" means a wetland fed by an alkaline water source |
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1 | such as a
calcareous spring or seep.
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2 | (p) "Floristic quality index" means an index calculated | ||||||
3 | using the Floristic
Quality Assessment Method of assessing | ||||||
4 | floristic integrity (or quality) by
summing the numerical | ||||||
5 | quality ratings of all plant species present then
dividing the | ||||||
6 | total by the number of native species present (mean coefficient
| ||||||
7 | of conservatism) or by the square root of the number of native | ||||||
8 | species
(floristic quality index).
(Taft, J.B., G.S. Wilhelm, | ||||||
9 | D.M. Ladd, and L.A. Masters. 1997. Floristic
quality assessment | ||||||
10 | for vegetation in Illinois, a method for assessing
vegetation | ||||||
11 | integrity. Erigenia 15: 3-95.)
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12 | (q) "Incidentally created" means created as a result of any | ||||||
13 | normal or
routine
activity coincidental with the conduct of | ||||||
14 | legitimate business enterprises,
except that a wetland or | ||||||
15 | depression created as mitigation for any activity
affecting | ||||||
16 | wetlands is not "incidentally created."
| ||||||
17 | (r) "Incidental fallback" means the redeposit of small | ||||||
18 | volumes of dredged
material that is incidental to excavation | ||||||
19 | activity in waters of the State when
such material falls back | ||||||
20 | to substantially the same place as the initial
removal.
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21 | (s) "Isolated wetlands" means those areas that are | ||||||
22 | inundated or saturated
by surface or ground water at a | ||||||
23 | frequency or duration sufficient to support,
and that under | ||||||
24 | normal circumstances do support, a prevalence of vegetation
| ||||||
25 | typically adapted for life in saturated soil conditions, and | ||||||
26 | that are not
regulated under the federal Clean Water Act.
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27 | (t) "Panne" means wet interdunal flats located near Lake | ||||||
28 | Michigan.
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29 | (u) "Person" means an individual, partnership, | ||||||
30 | co-partnership, firm,
company, limited liability company, | ||||||
31 | corporation, association, joint stock
company, trust, estate, | ||||||
32 | political subdivision, State agency, or other legal
entity, or | ||||||
33 | its legal representative, agent, or assigns.
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34 | (v) "Prior converted cropland" means a converted wetland |
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1 | where the
conversion occurred prior to December 23, 1985, an | ||||||
2 | agricultural commodity has
been produced at least once before | ||||||
3 | December 23, 1985, and as of December 23,
1985, the converted | ||||||
4 | wetland did not support woody vegetation and met the
following | ||||||
5 | hydrologic criteria: (i) inundation was less than 15 | ||||||
6 | consecutive
days during the growing season or 10% of the | ||||||
7 | growing season, whichever is less,
in most years (50% chance or | ||||||
8 | more); and (ii) if a pothole, ponding was less
than 7 | ||||||
9 | consecutive days during the growing season in most years (50% | ||||||
10 | chance
or more) and saturation was less than 14 consecutive | ||||||
11 | days during the growing
season most years (50% chance or more).
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12 | (w) "Regulated activity" means the discharge of dredged or | ||||||
13 | fill material
into a wetland, the drainage of a wetland, or | ||||||
14 | excavation of a wetland that
results in more than incidental | ||||||
15 | fallback.
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16 | (x) "Threatened or endangered species" means those species | ||||||
17 | that have been
designated as threatened or endangered by the | ||||||
18 | Illinois Endangered Species
Protection Board pursuant to the | ||||||
19 | Illinois Endangered Species Protection Act
and those species | ||||||
20 | that have been designated as threatened or endangered by
the | ||||||
21 | U.S. Fish and Wildlife Service pursuant to the Endangered | ||||||
22 | Species Act.
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23 | (y) "Upland" means non-wetland, when used to describe a | ||||||
24 | particular land
use, or non-hydric, when used to describe a | ||||||
25 | soil type.
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26 | (z) "Wetlands" means those areas that are inundated or | ||||||
27 | saturated by
surface or ground water at a frequency or duration | ||||||
28 | sufficient to support,
and that under normal circumstances do | ||||||
29 | support, a prevalence of vegetation
typically adapted for life | ||||||
30 | in saturated soil conditions.
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31 | Section 20. Exemptions.
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32 | (a) As long as they do not have as their purpose bringing a | ||||||
33 | wetland into a
use to which it was not previously subject, the |
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1 | following are not prohibited
by or otherwise subject to | ||||||
2 | regulation under this Act:
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3 | (1) Normal farming, silviculture, and ranching | ||||||
4 | activities such
as plowing, seeding, cultivating, minor | ||||||
5 | drainage, harvesting for the
production of food, fiber, and | ||||||
6 | forest products, or upland soil and water
conservation | ||||||
7 | practices.
| ||||||
8 | (2) Maintenance, including emergency reconstruction of
| ||||||
9 | recently damaged parts, of currently serviceable | ||||||
10 | structures such as dikes,
dams, levees, groins, riprap, | ||||||
11 | breakwaters, causeways, and bridge
abutments or | ||||||
12 | approaches, and transportation structures.
| ||||||
13 | (3) Construction or maintenance of farm or stock ponds | ||||||
14 | or
irrigation canals or ditches, or the maintenance of | ||||||
15 | drainage ditches.
| ||||||
16 | (4) Construction of temporary sedimentation basins on | ||||||
17 | a
construction site that does not include any regulated | ||||||
18 | activities within a
wetland.
| ||||||
19 | (5) Construction or maintenance of farm roads or forest | ||||||
20 | roads,
or temporary roads for moving mining equipment, | ||||||
21 | where such roads are
constructed and maintained, in | ||||||
22 | accordance with best management
practices, to assure that | ||||||
23 | flow and circulation patterns and chemical and
biological | ||||||
24 | characteristics of the wetland are not impaired, that the | ||||||
25 | reach of
the wetland is not reduced, and that any adverse | ||||||
26 | effect on the aquatic
environment will be otherwise | ||||||
27 | minimized.
| ||||||
28 | (6) Except for Class IA and Class IB wetlands, | ||||||
29 | activities for the
placement of pilings for linear | ||||||
30 | projects, such as bridges, elevated walkways,
and power | ||||||
31 | line structures in accordance with best management | ||||||
32 | practices, to
assure that the flow and circulation patterns | ||||||
33 | and chemical and biological
characteristics of the wetland | ||||||
34 | are not impaired, that the reach of the wetland
is not |
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1 | reduced, and that any adverse effect on the aquatic | ||||||
2 | environment will be
otherwise minimized.
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3 | (7) Installation and maintenance of signs, lighting, | ||||||
4 | and fences
and the mowing of vegetation within existing | ||||||
5 | maintained rights-of-way.
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6 | (8) Repair and maintenance of existing buildings, | ||||||
7 | facilities,
lawns, and ornamental plantings.
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8 | (9) Construction projects that have obtained any | ||||||
9 | necessary
building permits from applicable local | ||||||
10 | jurisdictions prior to the effective
date of this Act.
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11 | (10) Application of media, including deicing media, on | ||||||
12 | the
surface of existing roads for purposes of public | ||||||
13 | safety.
| ||||||
14 | (11) Non-surface disturbing surveys and investigations | ||||||
15 | for
construction, planning, maintenance, or location of | ||||||
16 | environmental
resources.
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17 | (12) Wetland management practices on lands that are | ||||||
18 | used primarily for the
management of waterfowl, other | ||||||
19 | migratory water birds, or furbearers if such
practices took | ||||||
20 | place on these lands prior to the effective date of this | ||||||
21 | Act.
This includes vegetation management that may include | ||||||
22 | the use of fire, chemical,
or mechanical (hydro-axe, | ||||||
23 | bulldozer, rome disk, or similar equipment) removal
of | ||||||
24 | invading woody or herbaceous vegetation to maintain a | ||||||
25 | preferred successional
stage. Use of chemicals must be by a | ||||||
26 | certified applicator and chemicals must
be registered for | ||||||
27 | appropriate use. Clearing or removal of woody vegetation
| ||||||
28 | shall be limited to 4-inch dbh (diameter at breast height) | ||||||
29 | or smaller material
for the purpose of establishing or | ||||||
30 | maintaining the successional stage of a
wetland as an | ||||||
31 | herbaceous wetland vegetated by native moist soil plants or
| ||||||
32 | selected wildlife food plants.
| ||||||
33 | (b) Any exemption authorized by and pertaining to wetlands | ||||||
34 | that are
subject to regulation under the federal Clean Water |
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1 | Act, or regulations
promulgated thereunder, shall also be an | ||||||
2 | exemption for the purpose of this
Act.
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3 | (c) The following are not isolated wetlands for purposes of | ||||||
4 | this Act:
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5 | (1) Waste treatment systems, including treatment ponds | ||||||
6 | or
lagoons, designed to comply with water quality standards | ||||||
7 | of the State or to
remediate a site in accordance with an | ||||||
8 | approved Agency program, and former
waste treatment | ||||||
9 | systems that have ceased operation less than 33 years prior
| ||||||
10 | to commencement of the proposed activity or which are | ||||||
11 | undergoing remediation
in accordance with an approved | ||||||
12 | Agency program.
| ||||||
13 | (2) A drainage or irrigation ditch.
| ||||||
14 | (3) An artificially irrigated area that would revert to | ||||||
15 | upland if
the irrigation ceased.
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16 | (4) An artificial lake or pond created by excavating or | ||||||
17 | diking
upland to collect and retain water for the primary | ||||||
18 | purpose of stock
watering, irrigation, wildlife, fire | ||||||
19 | control, ornamentation or landscaping,
or as a settling | ||||||
20 | pond.
| ||||||
21 | (5) Except for isolated wetlands created pursuant to | ||||||
22 | mining activities
regulated in accordance with item (7) | ||||||
23 | below, an incidentally created
water-filled depression, | ||||||
24 | unless: (i) ownership of the property containing the
| ||||||
25 | depression has been transferred away from the party who | ||||||
26 | incidentally created
the water-filled depression, (ii) | ||||||
27 | that ownership transfer occurred more than 12
months prior | ||||||
28 | to the commencement of an otherwise regulated activity, | ||||||
29 | (iii) the
use of the property has changed from the use that | ||||||
30 | existed when the property was
transferred from the party | ||||||
31 | who incidentally created the water-filled
depression, and | ||||||
32 | (iv) the resulting body of water meets the definition in | ||||||
33 | this
Act of an isolated wetland; or if the ownership of the | ||||||
34 | property has not been
transferred from the party who |
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1 | created the incidentally created water-filled
depression, | ||||||
2 | the depression was not created more than 33 years before | ||||||
3 | the date
the application is received by the Department.
| ||||||
4 | (6) Stormwater or spill management systems, including
| ||||||
5 | retention and detention basins, ditches and channels, and | ||||||
6 | former
stormwater or spill management systems that have
| ||||||
7 | ceased operation less than 33 years prior to commencement | ||||||
8 | of the proposed
activity or which are undergoing | ||||||
9 | remediation in accordance with
an approved Agency program.
| ||||||
10 | (7) Waters that undergo mining activities conducted | ||||||
11 | pursuant to a
federal, State, regional, or local permit | ||||||
12 | that requires the reclamation
of the affected wetlands if | ||||||
13 | the reclamation will be completed within a
reasonable | ||||||
14 | period of time after completion of activities at the site | ||||||
15 | and,
upon completion of such reclamation, the wetlands will | ||||||
16 | support functions
generally equivalent to the functions | ||||||
17 | supported by the wetlands at the time
of commencement of | ||||||
18 | such activities.
| ||||||
19 | (8) Prior converted cropland.
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20 | (d) Any activity covered by the Interagency Wetland Policy | ||||||
21 | Act
of 1989 is exempt from all of the provisions of this Act.
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22 | Section 25. Applicability. Until June 30, 2007, the | ||||||
23 | requirements of this
Act apply to all isolated wetlands as that | ||||||
24 | term is defined in this Act. In
the event that an isolated | ||||||
25 | wetland ceases to meet that definition because it
becomes | ||||||
26 | subject to regulation under the federal Clean Water Act, such | ||||||
27 | wetland
shall no longer be subject to the provisions of this | ||||||
28 | Act.
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29 | Beginning July 1, 2007, the requirements of this Act apply | ||||||
30 | to all wetlands
as that term is defined in this Act, unless a | ||||||
31 | COE permit is required; provided,
however, that if an exemption | ||||||
32 | under Section 20 applies, that exemption shall
continue in | ||||||
33 | effect after July 1, 2007.
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1 | The Department on behalf of the State of Illinois may enter | ||||||
2 | into written
delegation agreements with the
Corps of Engineers | ||||||
3 | under which it may assume all or portions of COE authority
| ||||||
4 | under the federal Clean Water Act. Such delegation agreements | ||||||
5 | shall provide,
at a minimum, that all delineation, | ||||||
6 | classification, notification, and
permitting requirements | ||||||
7 | shall be at least as stringent as those contained in
this Act.
| ||||||
8 | Section 30. Wetlands delineation, classification, | ||||||
9 | notification, permits.
The requirements of this Section apply | ||||||
10 | upon the adoption of rules under
Section 45(c) of this Act, or | ||||||
11 | 270 days from the effective date of
this Act, whichever occurs | ||||||
12 | first.
| ||||||
13 | (a) The procedures and regulatory criteria for the | ||||||
14 | delineation,
classification, notification, and permitting for | ||||||
15 | wetlands shall be
conducted in accordance with the provisions | ||||||
16 | of this Section.
| ||||||
17 | (b) Any person who intends to conduct a regulated activity | ||||||
18 | within the State
may request a determination from the | ||||||
19 | Department as to the existence,
location, and surface area of | ||||||
20 | any wetlands on or contiguous to the affected
property. Nothing | ||||||
21 | in this Section shall require the person to seek such a
| ||||||
22 | determination; however, failure to seek and obtain a | ||||||
23 | determination shall not
be a defense against a violation of | ||||||
24 | this Act.
| ||||||
25 | The person seeking a determination shall provide the | ||||||
26 | Department with
sufficient information to render such a | ||||||
27 | determination. Such information shall
include a wetland | ||||||
28 | delineation made in accordance with the COE Wetlands
| ||||||
29 | Delineation Manual, Technical Report Y-87-1. Delineation of | ||||||
30 | the portion of a
contiguous wetland not on the affected | ||||||
31 | property shall be made to the extent
reasonably possible, and | ||||||
32 | methods other than physical onsite evaluations shall
be | ||||||
33 | considered by the Department.
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1 | The Department shall provide notice to the applicant as to | ||||||
2 | whether a
submitted application is complete. Unless the | ||||||
3 | Department notifies the
applicant that the application is | ||||||
4 | incomplete within 15 days of receipt of the
application, the | ||||||
5 | application shall be deemed complete. The Department
may
| ||||||
6 | request additional information as needed to make the | ||||||
7 | completeness
determination.
| ||||||
8 | The Department shall, upon receipt of a complete | ||||||
9 | determination
request, provide the person, within 30 days, with | ||||||
10 | a determination as to the
existence, location, and surface area | ||||||
11 | of wetlands located on or contiguous to
the affected property.
| ||||||
12 | If the Department determines that there are no wetlands on | ||||||
13 | the
affected property, any otherwise regulated activity | ||||||
14 | conducted on the property
shall not be subject to the | ||||||
15 | provisions of this Act.
| ||||||
16 | If the Department determines that there is one or more | ||||||
17 | wetlands on
or contiguous to the affected property, the person | ||||||
18 | may apply to the Department
for classification of such | ||||||
19 | wetlands.
| ||||||
20 | Any determination of a wetland by the Department is a final | ||||||
21 | decision
for purposes of appeal.
| ||||||
22 | (c) If any person intends to conduct a regulated activity, | ||||||
23 | such person may,
prior to commencing such a regulated activity, | ||||||
24 | request that the wetland be
classified as Class IA, IB, II, or | ||||||
25 | III in accordance with the provisions of
this Section. Nothing | ||||||
26 | in this Section shall require the person to seek such a
| ||||||
27 | classification; however, any wetlands not so classified shall | ||||||
28 | be considered
Class IA for the purposes of this Act.
| ||||||
29 | The person seeking a classification shall provide the | ||||||
30 | Department with
sufficient information to render such a | ||||||
31 | classification. Such information shall
include a wetland | ||||||
32 | delineation made in accordance with the COE Wetlands
| ||||||
33 | Delineation Manual, Technical Report Y-87-1.
| ||||||
34 | Unless the Department notifies the applicant that the |
| |||||||
| |||||||
1 | application is
incomplete within 15 days of receipt of the | ||||||
2 | application, the application shall
be deemed complete. The | ||||||
3 | Department may request additional information as
needed to make | ||||||
4 | the completeness determination. The Department shall,
upon | ||||||
5 | receipt of a complete classification request, provide the | ||||||
6 | person, within
30 days, with a classification of wetlands | ||||||
7 | located on or contiguous to the
affected property. If the | ||||||
8 | Department fails to provide the person with a
classification | ||||||
9 | within 30 days, the classification requested by the person | ||||||
10 | shall
be deemed granted.
| ||||||
11 | Wetlands shall be classified as follows:
| ||||||
12 | (1) The Department shall classify a wetland as
a Class | ||||||
13 | IA Wetland if and only if:
| ||||||
14 | (A) the wetland is or encompasses a bog;
| ||||||
15 | (B) the wetland is or encompasses a fen;
| ||||||
16 | (C) the wetland is or encompasses a panne;
| ||||||
17 | (D) the wetland is or encompasses a cypress swamp;
| ||||||
18 | (E) the wetland is or encompasses a Category I | ||||||
19 | Illinois Natural Areas
Inventory Site, provided that | ||||||
20 | the Department shall disclose within 5 working
days of | ||||||
21 | a request from an applicant, a prospective applicant, | ||||||
22 | or a qualified
professional on behalf of an applicant | ||||||
23 | or a prospective applicant whether a
site identified by | ||||||
24 | latitude and longitude includes a Category I Illinois
| ||||||
25 | Natural Areas Inventory Site; or
| ||||||
26 | (F) a threatened or endangered species has been | ||||||
27 | identified in the
wetland.
| ||||||
28 | (2) The Department shall classify a wetland as
a Class | ||||||
29 | IB Wetland if and only if the wetland:
| ||||||
30 | (A) is or encompasses an ADID site;
| ||||||
31 | (B) is or encompasses a Category VI Illinois | ||||||
32 | Natural Area Inventory
Site or regional equivalent; | ||||||
33 | provided that the Department shall disclose within
5 | ||||||
34 | working days of a request from an applicant, a |
| |||||||
| |||||||
1 | prospective applicant, or a
qualified professional on | ||||||
2 | behalf of an applicant or a prospective applicant
| ||||||
3 | whether a site identified by latitude and longitude | ||||||
4 | includes a Category VI
Illinois Natural Areas | ||||||
5 | Inventory Site; or
| ||||||
6 | (C) has a Floristic Quality Index (FQI) which is | ||||||
7 | equal to or greater
than 20 or a mean coefficient of | ||||||
8 | conservatism (Mean C) equal to or greater than
3.5, | ||||||
9 | determined in accordance with rules adopted by the | ||||||
10 | Department.
| ||||||
11 | (3) The Department shall classify a wetland as
a Class | ||||||
12 | II Wetland if and only if the wetland is not a Class I-A,
| ||||||
13 | Class I-B, or Class III wetland.
| ||||||
14 | (4) The Department shall classify a wetland as a Class | ||||||
15 | III Wetland
if and only if:
| ||||||
16 | (A) the wetland is not a Class IA or Class IB | ||||||
17 | wetland; and
| ||||||
18 | (B) the total size of the wetland, including | ||||||
19 | contiguous areas, is
| ||||||
20 | (i) less than 0.25 acre, or
| ||||||
21 | (ii) less than 0.5 acre if the wetland is in a | ||||||
22 | county that does
not have authority to establish a | ||||||
23 | stormwater management program under Section
5-1062 | ||||||
24 | of the Counties Code and the wetland is in | ||||||
25 | agricultural land.
| ||||||
26 | (d) Subject to the provisions of Section 40 regarding | ||||||
27 | general permits, no
person may conduct or cause to be conducted | ||||||
28 | a regulated activity within or
affecting a wetland in such a | ||||||
29 | manner that the biological or hydrological
integrity of the | ||||||
30 | wetland is impaired within the scope of this Act, except in
| ||||||
31 | accordance with the terms of an individual permit issued by the | ||||||
32 | Department or
authorization to proceed as applicable under this | ||||||
33 | Section.
| ||||||
34 | (1) Class IA Wetlands:
|
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| |||||||
1 | (A) A permit to conduct a regulated activity | ||||||
2 | affecting a Class IA
wetland within the scope of this | ||||||
3 | Act shall be granted if documentation is
submitted that | ||||||
4 | demonstrates that complete avoidance of impacts to the | ||||||
5 | Class
IA wetland precludes all economic use of the | ||||||
6 | entire parcel and that no
practicable alternative to | ||||||
7 | wetland modification exists.
| ||||||
8 | Based upon a review of the submitted documentation | ||||||
9 | and any other
available resources, the Department | ||||||
10 | shall make a determination as
to whether the proposed | ||||||
11 | modification represents the least amount of
wetland | ||||||
12 | impact required to restore an economic use to the | ||||||
13 | upland portion
of the parcel.
| ||||||
14 | Wetland losses shall be mitigated at a ratio of | ||||||
15 | 4.5:1 and
shall be mitigated in kind and within the | ||||||
16 | same watershed as the impacted
area restoring, to the | ||||||
17 | maximum degree practicable as determined by the
| ||||||
18 | Department, both the type and functions of the wetland | ||||||
19 | that will be
affected by the regulatory activity.
| ||||||
20 | The Director, for good cause shown and on a | ||||||
21 | case-by-case basis, may
authorize an upward or | ||||||
22 | downward departure from the mitigation ratio otherwise
| ||||||
23 | required under this subdivision (d)(1), but for a Class | ||||||
24 | IA wetland the Director
shall require a mitigation | ||||||
25 | ratio of at least 4:1 and shall not require a
| ||||||
26 | mitigation ratio greater than 5:1.
| ||||||
27 | (B) No permit under this subdivision (d)(1) may be | ||||||
28 | issued by the
Department without a public notice and a | ||||||
29 | public hearing.
| ||||||
30 | (2) Class IB Wetlands:
| ||||||
31 | (A) A permit to conduct a regulated activity | ||||||
32 | affecting a Class IB
wetland within the scope of this | ||||||
33 | Act shall be granted if documentation is
submitted that | ||||||
34 | demonstrates that no practicable alternative to |
| |||||||
| |||||||
1 | wetland
modification exists.
| ||||||
2 | Based upon a review of the submitted documentation | ||||||
3 | and any other
available resources, the Department | ||||||
4 | shall make a determination as
to whether the proposed | ||||||
5 | modification constitutes the least amount of
wetland | ||||||
6 | impact practicable and whether a permit should be | ||||||
7 | granted.
| ||||||
8 | Wetland losses shall be mitigated at a ratio of 3:1 | ||||||
9 | and shall
be mitigated in kind and within the same | ||||||
10 | watershed as the impacted area,
restoring both the type | ||||||
11 | and functions of the wetlands that will be affected
by | ||||||
12 | the regulated activity.
| ||||||
13 | The Director, for good cause shown and on a | ||||||
14 | case-by-case basis, may
authorize an upward or | ||||||
15 | downward departure from the mitigation ratio otherwise
| ||||||
16 | required under this subdivision (d)(2), but for a Class | ||||||
17 | IB wetland the Director
shall require a mitigation | ||||||
18 | ratio of at least 2.5:1 and shall not require a
| ||||||
19 | mitigation ratio greater than 3.5:1.
| ||||||
20 | (B) No permit under this subdivision (d)(2) may be | ||||||
21 | issued by the
Department without a public notice and | ||||||
22 | opportunity for public hearing
being afforded. The | ||||||
23 | Department shall hold a public hearing concerning a
| ||||||
24 | permit application if the proposed activity may have a | ||||||
25 | significant impact upon
wetland resources or if the | ||||||
26 | Department determines that a public hearing
is | ||||||
27 | otherwise appropriate.
| ||||||
28 | (3) Class II Wetlands:
| ||||||
29 | (A) A permit to conduct a regulated activity | ||||||
30 | affecting a Class II
wetland within the scope of this | ||||||
31 | Act shall be granted if documentation is
submitted | ||||||
32 | demonstrating that no reasonable alternative to | ||||||
33 | wetland
modification exists.
| ||||||
34 | Based upon a review of the submitted documentation |
| |||||||
| |||||||
1 | and any other
available resources, the Department | ||||||
2 | shall make a determination as
to whether the proposed | ||||||
3 | modification constitutes the least amount of
wetland | ||||||
4 | impact practicable and whether a permit should be | ||||||
5 | granted.
| ||||||
6 | Wetland losses shall be mitigated at a ratio of | ||||||
7 | 1.5:1 and shall
be mitigated in kind and within the | ||||||
8 | same watershed as the impacted area,
restoring both the | ||||||
9 | type and functions of the wetland that will be affected
| ||||||
10 | by the regulated activity.
| ||||||
11 | (B) No permit under this subdivision (d)(3) may be | ||||||
12 | issued by the
Department without a public notice and | ||||||
13 | opportunity for public hearing being
afforded. The | ||||||
14 | Department shall hold a public hearing concerning a
| ||||||
15 | permit application if the proposed activity may have a | ||||||
16 | significant impact
upon wetland resources or if the | ||||||
17 | Department determines that a
public hearing is | ||||||
18 | otherwise appropriate.
| ||||||
19 | (4) Class III Wetlands:
| ||||||
20 | (A) No regulated activity covered under this Act | ||||||
21 | that will
impact an area that has been classified as a | ||||||
22 | Class III wetland may be
undertaken without prior | ||||||
23 | notification to the Department.
| ||||||
24 | (B) Such notification shall include (1) a sketch | ||||||
25 | that reasonably
depicts the area that will be affected | ||||||
26 | by the regulated activity, including
wetland and water | ||||||
27 | boundaries for the areas affected and the existing land
| ||||||
28 | uses and structures; (2) a description of the proposed | ||||||
29 | activity, including its
purpose; (3) a description of | ||||||
30 | any public benefit to be derived from the
proposed | ||||||
31 | project; and (4) the names and addresses of adjacent | ||||||
32 | landowners
as determined by the current tax assessment | ||||||
33 | rolls.
| ||||||
34 | (C) Upon receipt of a notification of intent, the |
| |||||||
| |||||||
1 | Department shall
verify that the regulated activity | ||||||
2 | will affect a wetland that it
previously classified as | ||||||
3 | Class III.
| ||||||
4 | If the Department so verifies, the Department | ||||||
5 | shall
send the person, within 30 days of the receipt of | ||||||
6 | such notification, a
response stating that the | ||||||
7 | regulated activity may proceed.
| ||||||
8 | If the Department cannot so verify, the Department
| ||||||
9 | shall send the person, within 30 days of the receipt of | ||||||
10 | such notification,
a response stating that no | ||||||
11 | classification has been made by the Department, or
that | ||||||
12 | a Classification of IA, IB, or II was made and that the | ||||||
13 | regulated
activity may not proceed until either a | ||||||
14 | classification is made pursuant to
this Section, or a | ||||||
15 | permit is obtained, as applicable.
| ||||||
16 | Failure of the Department to respond to a | ||||||
17 | notification shall
be deemed an authorization to | ||||||
18 | proceed.
| ||||||
19 | (D) No permit shall be required for a regulated | ||||||
20 | activity covered
under this Act that will impact an | ||||||
21 | area that has been classified as a Class
III wetland.
| ||||||
22 | (e) Within 15 days of the receipt of a permit application, | ||||||
23 | the Department
shall determine if an application is complete. | ||||||
24 | To be deemed complete,
an application must provide all | ||||||
25 | information, as requested in Department
application forms, | ||||||
26 | sufficient to evaluate the application. Such information
shall | ||||||
27 | include, at a minimum: (1) a map of the area that will be | ||||||
28 | affected by the
activity, including wetland and water | ||||||
29 | boundaries for the areas affected and the
existing uses and | ||||||
30 | structures. Such information shall include a wetland
| ||||||
31 | delineation made in accordance with the COE Wetlands | ||||||
32 | Delineation Manual,
Technical Report Y-87-1; (2) a description | ||||||
33 | of the proposed activity, including
its purpose, the location | ||||||
34 | and dimensions of any structures, grading or fills,
drainage, |
| |||||||
| |||||||
1 | roads, sewers and water supply, parking lots, stormwater | ||||||
2 | facilities,
discharge of pollutants, and onsite waste | ||||||
3 | disposal; (3) a description of any
public benefit to be derived | ||||||
4 | from the proposed project; and (4) the names and
addresses of | ||||||
5 | adjacent landowners as determined by the current tax assessment
| ||||||
6 | rolls. The Department application forms shall be finalized and | ||||||
7 | made
available prior to the date on which any application is | ||||||
8 | required. The
Department shall provide notice to the applicant | ||||||
9 | as to whether a submitted
application is complete. Unless the | ||||||
10 | Department notifies the applicant
that the application is | ||||||
11 | incomplete within 20 days of receipt of the
application, the | ||||||
12 | application shall be deemed complete. The Department
may | ||||||
13 | request additional information as needed to make the | ||||||
14 | completeness
determination. The Department may, to the extent | ||||||
15 | practicable, provide
the applicant with a reasonable | ||||||
16 | opportunity to correct deficiencies prior to
a final | ||||||
17 | determination of completeness. Within 90 days from the receipt | ||||||
18 | of a
complete application for permit, the Department shall | ||||||
19 | either issue or
deny the permit or issue it with conditions. If | ||||||
20 | a public hearing is held on
the application, however, this | ||||||
21 | period shall be extended by 45 days.
| ||||||
22 | (f) The Department shall not issue a permit pursuant to | ||||||
23 | this
Section unless the Agency has certified that the proposed | ||||||
24 | activity will not
cause or contribute to a violation of any | ||||||
25 | State water quality standard. The
Agency will be deemed to have | ||||||
26 | certified that the proposed activity will not
cause or | ||||||
27 | contribute to a violation of any State water quality standard | ||||||
28 | if it
has not declined in writing to so certify within 80 days | ||||||
29 | of the filing of the
application unless the Agency has | ||||||
30 | requested that the applicant supply more
information relevant | ||||||
31 | to assessing the water quality impacts of the proposed
| ||||||
32 | activity. If a public hearing is held on the application, | ||||||
33 | however, this period
shall be extended by 45 days.
| ||||||
34 | (g) A person may submit concurrent requests for (i) |
| |||||||
| |||||||
1 | determination and
delineation, (ii) classification, and (iii) | ||||||
2 | issuance of a permit or
notification. The Department shall act | ||||||
3 | on such combined requests
concurrently in accordance with | ||||||
4 | expedited permitting procedures adopted by
the Department.
| ||||||
5 | (h) Any person may submit an application for an | ||||||
6 | after-the-fact permit
to be issued under this Act, and the | ||||||
7 | Department is authorized to issue such
an after-the-fact permit | ||||||
8 | if it determines that the activities covered by the
| ||||||
9 | after-the-fact permit application were undertaken and | ||||||
10 | conducted in response
to emergency circumstances where there | ||||||
11 | may be an imminent threat to persons,
public infrastructure, | ||||||
12 | personal property, or uninterrupted utility
service that made | ||||||
13 | it impracticable for the applicant to obtain prior
| ||||||
14 | authorization under this Act to undertake and conduct such | ||||||
15 | activities.
The applicant shall be required to demonstrate that | ||||||
16 | it provided notice to
the Department of the emergency | ||||||
17 | circumstances as soon as reasonably possible
following the | ||||||
18 | discovery of such circumstances.
| ||||||
19 | (i) The Department shall adopt rules to carry out the | ||||||
20 | provisions of this
Section in accordance with Section 45 of | ||||||
21 | this Act.
| ||||||
22 | Section 35. Surety. The Department may provide by rule for | ||||||
23 | any
requirements regarding bonds or letters of credit in favor | ||||||
24 | of the State,
including conditions sufficient to secure | ||||||
25 | compliance with conditions and
limitations of a permit.
| ||||||
26 | Section 40. General permits.
| ||||||
27 | (a) Notwithstanding Section 30, any person who intends to | ||||||
28 | conduct a
regulated activity within the State may do so in | ||||||
29 | accordance with a general
permit issued by the Department under | ||||||
30 | this Section.
| ||||||
31 | (b) Permits for all categories of activities, subject to | ||||||
32 | the same permit
limitations and conditions, that are the |
| |||||||
| |||||||
1 | subject of a nationwide permit issued
by the Corps of Engineers | ||||||
2 | in effect on the date of the enactment of this Act,
are adopted | ||||||
3 | as general permits covering regulated activities subject to | ||||||
4 | this
Act.
| ||||||
5 | (c) The Department may adopt general permits covering other
| ||||||
6 | activities that would be subject to the same permit limitations | ||||||
7 | and conditions,
if it determines that the activities in such | ||||||
8 | category will cause only minimal
adverse environmental effects | ||||||
9 | when performed separately, will have only minimal
cumulative | ||||||
10 | adverse effect on the environment, will not cause or contribute
| ||||||
11 | to a violation of State water quality standards when performed | ||||||
12 | separately,
and will have only a minimal cumulative adverse | ||||||
13 | effect on water quality.
The Department may prescribe best | ||||||
14 | management practices for any general permit
issued under this | ||||||
15 | Section. The Department shall consider any optional
mitigation | ||||||
16 | proposed by an applicant in determining whether the net adverse
| ||||||
17 | environmental effects of a proposed regulated activity are | ||||||
18 | minimal.
| ||||||
19 | Specifically, the Department must adopt general permits | ||||||
20 | for each of the
following:
| ||||||
21 | (1) The construction or maintenance of access roads for | ||||||
22 | utility lines,
substations or related equipment or | ||||||
23 | facilities.
| ||||||
24 | (2) Activities for the purpose of preserving and | ||||||
25 | enhancing
aviation safety or to prevent an airport hazard.
| ||||||
26 | (d) No general permit adopted under this Section shall be | ||||||
27 | for a period of
more than 5 years after the date of its | ||||||
28 | issuance. A general permit may be
revoked or modified by the | ||||||
29 | Department if, after opportunity for public
hearing, the | ||||||
30 | Department determines that the activities authorized by the
| ||||||
31 | general permit have an adverse impact on the environment, cause | ||||||
32 | or contribute
to a violation of State water quality standards, | ||||||
33 | or are more appropriately
authorized by individual permits.
| ||||||
34 | (e) Compliance with the terms of a general permit shall be |
| |||||||
| |||||||
1 | deemed
compliance with the provisions of this Act if the | ||||||
2 | applicant (i) files a
notice of intent to be covered under the | ||||||
3 | provisions of the general permit in
accordance with regulations | ||||||
4 | adopted pursuant to this Act and (ii) files any
reports | ||||||
5 | required by the general permit.
| ||||||
6 | (f) The Department shall respond to a notice of intent to | ||||||
7 | proceed
under a general permit issued under this Section within | ||||||
8 | 30 days after the
Department receives the notice. In the event | ||||||
9 | that the Department
fails to respond to a notice of intent to | ||||||
10 | proceed within 30 days as required
by this subsection (f), the | ||||||
11 | person submitting the notice shall be deemed fully
authorized | ||||||
12 | to conduct the activities described in the notice under the | ||||||
13 | terms
and conditions of the applicable general permit.
| ||||||
14 | Section 45. Wetlands Advisory Committee; duties; rules.
| ||||||
15 | (a) There is hereby established a Wetlands Advisory | ||||||
16 | Committee, which shall
consist of 17 members appointed by the | ||||||
17 | Governor and 2 non-voting members.
| ||||||
18 | The Committee shall include 5 members representing the | ||||||
19 | interests of
business, industry, real estate, and agriculture.
| ||||||
20 | The Committee shall include 5 members selected from the | ||||||
21 | membership of
environmental and conservation groups in the | ||||||
22 | State.
| ||||||
23 | The Committee shall include 2 members representing | ||||||
24 | counties exercising
authority under Section 5-1062 or 5-1062.1 | ||||||
25 | of the Counties Code to
establish stormwater management | ||||||
26 | programs.
| ||||||
27 | The Committee shall include one member representing | ||||||
28 | municipalities.
| ||||||
29 | The Committee shall include one member representing | ||||||
30 | building trades unions.
| ||||||
31 | The Committee shall include 3 other members as determined | ||||||
32 | by the Governor.
| ||||||
33 | The Director of Natural Resources, or his or her designee, |
| |||||||
| |||||||
1 | and the Director
of the Illinois Environmental Protection | ||||||
2 | Agency, or his or her designee, shall
be non-voting members of | ||||||
3 | the Committee.
| ||||||
4 | The Committee shall biannually elect from its membership a | ||||||
5 | Chair, who shall
not be an employee of the Illinois | ||||||
6 | Environmental Protection Agency or the
Illinois Department of | ||||||
7 | Natural Resources.
| ||||||
8 | Members of the Advisory Committee may organize themselves | ||||||
9 | as they deem
necessary and shall serve without compensation.
| ||||||
10 | The Department shall provide reasonable and necessary | ||||||
11 | staff support to the
Committee.
| ||||||
12 | (b) Within 120 days after the effective date of this Act, | ||||||
13 | the
Committee shall recommend rules to the Department. From | ||||||
14 | time to time
the Committee shall review, evaluate, and make | ||||||
15 | recommendations (i)
regarding State laws, rules, and | ||||||
16 | procedures that relate to this Act and
(ii) relating to the | ||||||
17 | State's efforts to implement this Act.
| ||||||
18 | (c) Within 6 months after the effective date of this Act, | ||||||
19 | the Department,
after consideration of the recommendations of | ||||||
20 | the Committee (or if the
Committee for any reason has not made | ||||||
21 | recommendations, the Department itself),
shall adopt any rules | ||||||
22 | required by this Act prescribing procedures and standards
for | ||||||
23 | its administration. Nothing in this Act shall preclude, at any | ||||||
24 | time, the
recommendation, proposal, or adoption of any other | ||||||
25 | rules deemed necessary for
the orderly implementation of this | ||||||
26 | Act.
| ||||||
27 | (d) The Committee shall develop a plan for statewide | ||||||
28 | wetlands protection
and shall submit such plan to the | ||||||
29 | Department. The Department may seek to
obtain a delegation of | ||||||
30 | COE authority under Section 404 of the federal Clean
Water Act | ||||||
31 | for all wetlands in Illinois on or before July 1, 2007 in | ||||||
32 | accordance
with Section 25 of this Act.
| ||||||
33 | (e) The Committee shall assist counties having stormwater | ||||||
34 | management
authority under Section 5-1062 or 5-1062.1 of the |
| |||||||
| |||||||
1 | Counties Code in coordinating
and unifying stormwater | ||||||
2 | management regulations adopted thereto, as required in
Section | ||||||
3 | 60(f) of this Act.
| ||||||
4 | Section 50. Appeal of final Department decision; judicial | ||||||
5 | review.
| ||||||
6 | (a) Any permit applicant who has been denied a permit in | ||||||
7 | whole or in part,
and any person who participated in the permit | ||||||
8 | proceeding and who is aggrieved
by a decision of the Department | ||||||
9 | to grant a permit in whole or in part,
may appeal the decision | ||||||
10 | to the Director within 35 days of the permit grant
or denial. | ||||||
11 | However, the 35-day period for appealing to the Director may be
| ||||||
12 | extended by the applicant for a period of time not to exceed 90 | ||||||
13 | days by written
notice provided to the Director. In all such | ||||||
14 | appeals, the burden of persuasion
shall be on the party | ||||||
15 | appealing the Department's decision.
| ||||||
16 | (b) A person aggrieved by a final decision made pursuant to | ||||||
17 | this Act may
seek judicial review of the decision pursuant to | ||||||
18 | the Administrative Review Law.
| ||||||
19 | Section 55. Investigation; enforcement.
| ||||||
20 | (a) In accordance with constitutional limitations, the | ||||||
21 | Department
shall have authority to enter at all reasonable | ||||||
22 | times upon any private or
public property for the purpose of | ||||||
23 | inspecting and investigating to ascertain
possible violations | ||||||
24 | of this Act or of rules adopted hereunder, or of permits
or | ||||||
25 | terms or conditions thereof.
| ||||||
26 | (b) The civil penalties provided for in this Section may be | ||||||
27 | recovered in a
civil action which may be instituted in a court | ||||||
28 | of competent jurisdiction. The
State's Attorney of the county | ||||||
29 | in which the alleged violation occurred, or the
Attorney | ||||||
30 | General, may, at the request of the Department or on his or her
| ||||||
31 | own motion, institute a civil action in a court of competent | ||||||
32 | jurisdiction to
recover civil penalties and to obtain an |
| |||||||
| |||||||
1 | injunction to restrain violations of
the Act.
| ||||||
2 | (c) Any person who violates any provision of this Act or | ||||||
3 | any rule adopted
hereunder, or any permit or term or condition | ||||||
4 | thereof, shall be liable for a
civil penalty of not to exceed | ||||||
5 | $10,000 per day of violation; such penalties
may be made | ||||||
6 | payable to the Wetlands Protection Fund and shall be deposited
| ||||||
7 | into that Fund as provided in subsection (j). In determining | ||||||
8 | the
appropriate civil penalty to be imposed under this Section, | ||||||
9 | the Court is
authorized to consider any matters of record in | ||||||
10 | mitigation or aggravation of
penalty, including but not limited | ||||||
11 | to the following factors:
| ||||||
12 | (1) The duration and gravity of the violation.
| ||||||
13 | (2) The presence or absence of due diligence on the | ||||||
14 | part of the violator
in attempting to comply with | ||||||
15 | requirements of this Act and rules adopted
hereunder or to | ||||||
16 | secure relief therefrom as provided by this Act.
| ||||||
17 | (3) Any economic benefits accrued by the violator | ||||||
18 | through the
violation.
| ||||||
19 | (4) The amount of monetary penalty which will serve to | ||||||
20 | deter further
violations by the violator and to otherwise | ||||||
21 | aid in enhancing voluntary
compliance with this Act by the | ||||||
22 | violator and other persons similarly
subject to this Act.
| ||||||
23 | (5) The number, proximity in time, and gravity of | ||||||
24 | previously
adjudicated violations of this Act by the | ||||||
25 | violator.
| ||||||
26 | (d) Any violation of any provision of this Act or any rule | ||||||
27 | adopted
hereunder, or any permit or term or condition thereof, | ||||||
28 | shall not be deemed
a criminal offense.
| ||||||
29 | (e) All final orders imposing civil penalties pursuant to | ||||||
30 | this Section
shall prescribe the time for payment of such | ||||||
31 | penalties. If any such penalty is
not paid within the time | ||||||
32 | prescribed, interest on such penalty at the rate set
forth in | ||||||
33 | subsection (a) of Section 1003 of the Illinois Income Tax Act | ||||||
34 | shall
be paid for the period from the date payment is due until |
| |||||||
| |||||||
1 | the date payment is
received. However, if the time for payment | ||||||
2 | is stayed during the pendency of
an appeal, interest shall not | ||||||
3 | accrue during such stay.
| ||||||
4 | (f) The Department may terminate a permit if the holder | ||||||
5 | substantially
violates any condition of the permit, obtains a | ||||||
6 | permit by misrepresentation, or
fails to disclose relevant | ||||||
7 | facts.
| ||||||
8 | (g) The Attorney General, or the State's Attorney of the | ||||||
9 | county where the
affected wetland is located, may, upon his or | ||||||
10 | her own motion or upon request
of the Department, institute a | ||||||
11 | civil action in circuit court for an
injunction or other | ||||||
12 | appropriate legal action to restrain a violation of this
Act or | ||||||
13 | of any rule adopted under this Act. In the proceeding the court | ||||||
14 | shall
determine whether a violation has been committed or is | ||||||
15 | likely to occur, and
shall enter any order it considers | ||||||
16 | necessary to remove the effects of the
violation and to prevent | ||||||
17 | the violation from occurring, continuing, or being
renewed in | ||||||
18 | the future. An order may include a requirement that the | ||||||
19 | violator
restore the affected wetland area, including a | ||||||
20 | provision that, if the violator
does not comply by restoring | ||||||
21 | the wetland within a reasonable time, the Department may | ||||||
22 | restore the wetland to its condition prior to the violation and
| ||||||
23 | the violator shall be liable to the Department for the cost of
| ||||||
24 | restoration.
| ||||||
25 | (h) Any penalty assessed pursuant to this Act, including | ||||||
26 | costs of wetland
restoration and any restoration requirement, | ||||||
27 | shall be recorded by the clerk of
the court as a lien against | ||||||
28 | the land and shall not be removed until the penalty
is paid or | ||||||
29 | the restoration is completed.
| ||||||
30 | (i) All costs, fees, and expenses in connection with an | ||||||
31 | enforcement or
restoration action shall be assessed as damages | ||||||
32 | against the violator.
| ||||||
33 | (j) All penalties collected under this Section shall be | ||||||
34 | deposited into the
Wetlands Protection Fund.
|
| |||||||
| |||||||
1 | (k) Enforcement actions under this Section may be | ||||||
2 | concurrent or separate.
| ||||||
3 | Section 60. County authority.
| ||||||
4 | (a) Nothing in this Act preempts or denies the right of any
| ||||||
5 | governmental body with a stormwater management program under | ||||||
6 | Section
5-1062 of the Counties Code to control
or regulate | ||||||
7 | activities in any wetlands within the jurisdiction of the
| ||||||
8 | governmental body.
| ||||||
9 | (b) Upon the request of a governmental body with a
| ||||||
10 | stormwater management program under Section 5-1062 of the
| ||||||
11 | Counties Code, the Director shall, within 30 calendar days
of | ||||||
12 | receiving the request, provide a letter recognizing whether
the | ||||||
13 | governmental body's stormwater management program:
| ||||||
14 | (1) provides wetlands protection consistent with the | ||||||
15 | intent of
this Act; and
| ||||||
16 | (2) has an administration and qualified staff to | ||||||
17 | implement the
governmental body's stormwater management | ||||||
18 | program.
| ||||||
19 | (b-5) After consultation with the Department of Natural | ||||||
20 | Resources, the
General Assembly finds and declares that the | ||||||
21 | stormwater management programs
implemented by DuPage, Lake, | ||||||
22 | and Kane Counties under Section 5-1062 of the
Counties Code, as | ||||||
23 | they exist at the time of the passage of this Act, meet the
| ||||||
24 | requirements of subsection (b), and therefore they shall be | ||||||
25 | deemed to have
received recognition and approval under that | ||||||
26 | subsection without further action
by the Department.
| ||||||
27 | (c) Activities within or affecting wetlands that occur | ||||||
28 | within the
jurisdiction of a governmental body with a | ||||||
29 | stormwater management
program under Section 5-1062 of the | ||||||
30 | Counties Code that meets the
provisions of subdivisions (b)(1) | ||||||
31 | and (b)(2) of this Section are
exempt from the requirements of | ||||||
32 | this Act, but must meet those county
stormwater management | ||||||
33 | requirements, at a minimum.
This exemption also applies during |
| |||||||
| |||||||
1 | the period that the Department is
considering a county's | ||||||
2 | request under subsection (b), but the requirements
of this Act | ||||||
3 | do apply until the county has requested recognition under
| ||||||
4 | subsection (b), unless the county has received immediate | ||||||
5 | recognition
under subsection (b-5) of this Section.
| ||||||
6 | (d) The Director may rescind recognition status in the | ||||||
7 | event that the
governmental body with a stormwater management | ||||||
8 | program under Section
5-1062 of the Counties Code no longer | ||||||
9 | meets the provisions of subdivisions
(b)(1) and (b)(2) of this | ||||||
10 | Section.
| ||||||
11 | (e) A governmental body with a stormwater management | ||||||
12 | program under Section
5-1062 of the Counties Code that has | ||||||
13 | obtained recognition by the Director under
subsection (b) of | ||||||
14 | this Section shall submit an annual report to the Director.
| ||||||
15 | (f) Counties having authority under Section 5-1062 of the
| ||||||
16 | Counties Code to adopt a stormwater management program shall | ||||||
17 | seek with the
assistance of the Northeastern Illinois Planning | ||||||
18 | Commission to coordinate and
unify regulations adopted | ||||||
19 | pursuant thereto.
| ||||||
20 | (g) Nothing in this Act shall be construed as a limitation | ||||||
21 | or preemption
of any home rule power.
| ||||||
22 | Section 65. Wetlands Protection Fund. All penalties | ||||||
23 | collected by
the Department pursuant to this Act shall be | ||||||
24 | deposited into the Wetlands
Protection Fund, which is hereby | ||||||
25 | created as a special fund in the State
Treasury. In addition to | ||||||
26 | any moneys that may be appropriated from the General
Revenue | ||||||
27 | Fund, the Illinois General Assembly shall appropriate moneys in | ||||||
28 | the
Wetlands Protection Fund to the Department in amounts | ||||||
29 | deemed necessary
to implement this Act.
| ||||||
30 | Section 90. Repeal. This Act is repealed on July 1, 2007. | ||||||
31 | Section 95. The State Finance Act is amended by adding |
| |||||||
| |||||||
1 | Section 5.625 as
follows:
| ||||||
2 | (30 ILCS 105/5.625 new)
| ||||||
3 | Sec. 5.625. The Wetlands Protection Fund.
| ||||||
4 | Section 97. Severability. The provisions of this Act are | ||||||
5 | severable under
Section 1.31 of the Statute on Statutes.
| ||||||
6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
|