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1 | AN ACT concerning wetlands.
| ||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as | ||||||||||||||||||||||||||
5 | the Wetlands Protection
Act.
| ||||||||||||||||||||||||||
6 | Section 5. This Act does not apply to property within a | ||||||||||||||||||||||||||
7 | municipality with a
population greater than 500,000 nor to | ||||||||||||||||||||||||||
8 | property within the incorporated or
unincorporated area of a | ||||||||||||||||||||||||||
9 | county with a population greater than 3,000,000.
| ||||||||||||||||||||||||||
10 | Section 10. Definitions. For the purposes of this Act:
| ||||||||||||||||||||||||||
11 | "ADID" means those aquatic sites identified by the United | ||||||||||||||||||||||||||
12 | States
Environmental
Protection Agency and the United States | ||||||||||||||||||||||||||
13 | Corps of Engineers as areas generally
unsuitable
for disposal | ||||||||||||||||||||||||||
14 | of dredged or fill material in accordance with 40 CFR Part
| ||||||||||||||||||||||||||
15 | 230.80.
| ||||||||||||||||||||||||||
16 | "Affected property" means any property upon which a | ||||||||||||||||||||||||||
17 | regulated activity is
conducted.
| ||||||||||||||||||||||||||
18 | "Agency" means the Illinois Environmental Protection | ||||||||||||||||||||||||||
19 | Agency.
| ||||||||||||||||||||||||||
20 | "Avoidance" means any action taken in a manner such that a | ||||||||||||||||||||||||||
21 | regulated activity
will not occur.
| ||||||||||||||||||||||||||
22 | "Board" means the Illinois Pollution Control Board.
| ||||||||||||||||||||||||||
23 | "Bog" means a peat-accumulating wetland that has no | ||||||||||||||||||||||||||
24 | significant inflows or
outflows and supports acidophilic | ||||||||||||||||||||||||||
25 | mosses, particularly sphagnum, resulting in
highly
acidic | ||||||||||||||||||||||||||
26 | conditions.
| ||||||||||||||||||||||||||
27 | "Commencing such a regulated activity" means any steps | ||||||||||||||||||||||||||
28 | taken in preparation
of
conducting a regulated activity that | ||||||||||||||||||||||||||
29 | may impact the affected property, such as
cutting,
filling, | ||||||||||||||||||||||||||
30 | pumping of water, and earth movement.
| ||||||||||||||||||||||||||
31 | "Committee" means the Illinois Wetlands Advisory |
| |||||||
| |||||||
1 | Committee.
| ||||||
2 | "Contiguous" means a wetland that is delineated on the | ||||||
3 | affected property and
extends beyond the boundary of that | ||||||
4 | property.
| ||||||
5 | "Converted wetland" means a wetland that has been drained, | ||||||
6 | dredged, filled,
leveled, or otherwise manipulated (including | ||||||
7 | the removal of woody vegetation or
any
activity that results in | ||||||
8 | impairing or reducing the flow and circulation of
water) for | ||||||
9 | the
purpose of or to have the effect of making possible the | ||||||
10 | production of an
agricultural
commodity without further | ||||||
11 | application of the manipulations described herein if:
(i) such
| ||||||
12 | production would not have been possible but for such action, | ||||||
13 | and (ii) before
such action
the land was a wetland, farmed | ||||||
14 | wetland, or farmed-wetland pasture and was
neither
highly | ||||||
15 | erodible land nor highly erodible cropland.
| ||||||
16 | "Corps of Engineers" or "COE" means the United States Army | ||||||
17 | Corps of
Engineers.
| ||||||
18 | "Cypress swamp" means forested, permanent or | ||||||
19 | semi-permanent bodies of water,
with species assemblages | ||||||
20 | characteristic of the Gulf and Southeastern Coastal
Plains and
| ||||||
21 | including bald cypress, and that are restricted to extreme | ||||||
22 | southern Illinois.
| ||||||
23 | "Delegation agreement" means a written document executed | ||||||
24 | between the COE
and the Agency that authorizes the Agency to | ||||||
25 | assume all of the COE's authority
under
the federal Clean Water | ||||||
26 | Act regarding activities in wetlands. Such delegation
| ||||||
27 | agreement
shall include federal funding sufficient to allow the | ||||||
28 | Agency to carry out its
responsibilities under such agreement.
| ||||||
29 | "Director" means the Director of the Illinois | ||||||
30 | Environmental Protection
Agency.
| ||||||
31 | "Fen" means a wetland fed by an alkaline water source such | ||||||
32 | as a calcareous
spring or seep.
| ||||||
33 | "Floristic quality index" means an index calculated using | ||||||
34 | the Floristic
Quality
Assessment Method of assessing floristic | ||||||
35 | integrity or quality.
| ||||||
36 | "Incidental fallback" means the redeposit of small volumes |
| |||||||
| |||||||
1 | of dredged
material
that is incidental to excavation activity | ||||||
2 | in waters of the State when such
material falls
back to | ||||||
3 | substantially the same place as the initial removal.
| ||||||
4 | "Incidentally created" means created as a result of any | ||||||
5 | normal or routine
activity
coincidental with the conduct of | ||||||
6 | legitimate business enterprises, except that a
wetland or
| ||||||
7 | depression created as mitigation for any activity affecting | ||||||
8 | wetlands is not
"incidentally
created".
| ||||||
9 | "Isolated wetlands" means those areas that are inundated or | ||||||
10 | saturated by
surface
or ground water at a frequency or duration | ||||||
11 | sufficient to support, and that
under normal
circumstances do | ||||||
12 | support, a prevalence of vegetation typically adapted for life
| ||||||
13 | in
saturated soil conditions, and that are not regulated under | ||||||
14 | the federal Clean
Water Act (33
U.S.C. 1251-1387).
| ||||||
15 | "Panne" means wet interdunal flats located near Lake | ||||||
16 | Michigan.
| ||||||
17 | "Person" means an individual, partnership, co-partnership, | ||||||
18 | firm, company,
limited
liability company, corporation, | ||||||
19 | association, joint stock company, trust,
estate, political
| ||||||
20 | subdivision, state agency, or other legal entity, or their | ||||||
21 | legal
representative, agent, or
assign.
| ||||||
22 | "Prior converted cropland" means a converted wetland where | ||||||
23 | the conversion
occurred prior to December 23, 1985, an | ||||||
24 | agricultural commodity has been
produced at
least once before | ||||||
25 | December 23, 1985, and as of December 23, 1985, the converted
| ||||||
26 | wetland did not support woody vegetation and met the following | ||||||
27 | hydrologic
criteria: (i)
inundation was less than 15 | ||||||
28 | consecutive days during the growing season or 10
percent of
the | ||||||
29 | growing season, whichever is less, in most years (50 percent | ||||||
30 | chance or
more); and (ii)
if a pothole, playa, or pocosin, | ||||||
31 | ponding was less than 7 consecutive days
during the
growing | ||||||
32 | season in most years (50 percent chance or more) and saturation | ||||||
33 | was
less than
14 consecutive days during the growing season | ||||||
34 | most years (50 percent chance or
more).
| ||||||
35 | "Regulated activity" means the discharge of dredged or fill | ||||||
36 | material into a
wetland, the drainage of a wetland, or |
| |||||||
| |||||||
1 | excavation of a wetland that results in
more than
incidental | ||||||
2 | fallback.
| ||||||
3 | "Threatened or endangered species" means those species | ||||||
4 | that have been
designated as threatened or endangered by the | ||||||
5 | Illinois Endangered Species
Protection
Board pursuant to the | ||||||
6 | Illinois Endangered Species Protection Act and those
species | ||||||
7 | that
have been designated as threatened or endangered by the | ||||||
8 | U.S. Fish and Wildlife
Service
pursuant to the Endangered | ||||||
9 | Species Act (35 U.S.C. 1531-1544).
| ||||||
10 | "Upland" means non-wetland, when used to describe a | ||||||
11 | particular land use, or
non-hydric, when used to describe a | ||||||
12 | soil type.
| ||||||
13 | "Wetlands" means those areas that are inundated or | ||||||
14 | saturated by surface or
ground water at a frequency or duration | ||||||
15 | sufficient to support, and that under
normal
circumstances do | ||||||
16 | support, a prevalence of vegetation typically adapted for life
| ||||||
17 | in
saturated soil conditions.
| ||||||
18 | Section 15. Exemptions.
| ||||||
19 | (a) As long as they do not have as their purpose bringing | ||||||
20 | a wetland into a
use
to which it was not previously subject, | ||||||
21 | the following are not prohibited by or
otherwise
subject to | ||||||
22 | regulation under this Act:
| ||||||
23 | (1) Normal farming, silviculture, and ranching | ||||||
24 | activities, such as
plowing, seeding, cultivating, minor | ||||||
25 | drainage, harvesting for the production of
food, fiber, and | ||||||
26 | forest products, or upland soil and water conservation
| ||||||
27 | practices.
| ||||||
28 | (2) Maintenance, including emergency reconstruction of | ||||||
29 | recently
damaged parts, of currently serviceable | ||||||
30 | structures, such as dikes, dams,
levees,
groins, riprap, | ||||||
31 | breakwaters, causeways, and bridge abutments or | ||||||
32 | approaches, and
transportation structures.
| ||||||
33 | (3) Construction or maintenance of farm or stock ponds | ||||||
34 | or irrigation
ditches or the maintenance of drainage | ||||||
35 | ditches.
|
| |||||||
| |||||||
1 | (4) Construction of temporary sedimentation basins on | ||||||
2 | a construction
site that does not include any regulated | ||||||
3 | activities within a wetland.
| ||||||
4 | (5) Construction or maintenance of farm roads, forest | ||||||
5 | roads, or
temporary roads for moving mining equipment, | ||||||
6 | where such roads are constructed
and maintained, in | ||||||
7 | accordance with best management practices, to assure that
| ||||||
8 | flow and circulation patterns and chemical and biological | ||||||
9 | characteristics of
the
wetland are not impaired, that the | ||||||
10 | reach of the wetland is not reduced, and that
any adverse | ||||||
11 | effect on the aquatic environment will be otherwise | ||||||
12 | minimized.
| ||||||
13 | (6) Unless they are to be conducted in Class IA or | ||||||
14 | Class IB wetlands,
activities for the placement of pilings | ||||||
15 | for linear projects, such as bridges,
elevated
walkways, | ||||||
16 | and power line structures.
| ||||||
17 | (7) Installation and maintenance of signs, lighting, | ||||||
18 | and fences and the
mowing of vegetation within existing | ||||||
19 | maintained rights-of-way.
| ||||||
20 | (8) Repair and maintenance of existing buildings, | ||||||
21 | facilities, lawns, and
ornamental plantings.
| ||||||
22 | (9) Construction projects that have obtained any | ||||||
23 | necessary building
permits from applicable local | ||||||
24 | jurisdictions prior to the effective date of this
Act.
| ||||||
25 | (10) Application of media, including deicing media, on | ||||||
26 | the surface of
existing roads for purposes of public | ||||||
27 | safety.
| ||||||
28 | (11) Non-surface-disturbing surveys and investigations | ||||||
29 | for construction,
planning, maintenance, or location of | ||||||
30 | environmental resources.
| ||||||
31 | (12) Wetland management practices on lands that are | ||||||
32 | used primarily for
the management of waterfowl or other | ||||||
33 | migratory water birds or furbearers if
such
practices took | ||||||
34 | place on these lands prior to the effective date of this | ||||||
35 | Act.
This
includes vegetation management that may include | ||||||
36 | the use of fire, chemical, or
mechanical (hydro-axe, |
| |||||||
| |||||||
1 | bulldozer, rome disk, or similar equipment) removal of
| ||||||
2 | invading woody or herbaceous vegetation to maintain a | ||||||
3 | preferred successional
stage. Use of chemicals must be by a | ||||||
4 | certified applicator and chemicals must be
registered for | ||||||
5 | appropriate use.
Clearing or removal of woody vegetation | ||||||
6 | shall be limited to 4-inch dbh or
smaller material for the | ||||||
7 | purpose of establishing or maintaining the
successional
| ||||||
8 | stage of a wetland as a herbaceous wetland vegetated by | ||||||
9 | native moist soil
plants
or selected wildlife food plants.
| ||||||
10 | (b) Any exemption authorized by and pertaining to wetlands | ||||||
11 | that are subject
to regulation under the federal Clean Water | ||||||
12 | Act (33 U.S.C. 1251-1387) or
rules adopted thereunder shall | ||||||
13 | also be an exemption for the purpose of this
Act.
| ||||||
14 | (c) The following are not wetlands for purposes of this | ||||||
15 | Act:
| ||||||
16 | (1) Waste treatment systems, including treatment ponds | ||||||
17 | or lagoons,
designed to comply with water quality standards | ||||||
18 | of the State or to remediate a
site
in accordance with an | ||||||
19 | approved Agency program, and former waste treatment
| ||||||
20 | systems that have ceased operations less than 33 years | ||||||
21 | before the date the
permit application is received by the | ||||||
22 | Agency or that are undergoing
remediation in accordance | ||||||
23 | with an approved Agency program.
| ||||||
24 | (2) A drainage or irrigation ditch.
| ||||||
25 | (3) An artificially irrigated area that would revert to | ||||||
26 | upland if the
irrigation ceased.
| ||||||
27 | (4) An artificial lake or pond created by excavating or | ||||||
28 | diking upland to
collect and retain water for the primary | ||||||
29 | purpose of stock watering, irrigation,
wildlife, fire | ||||||
30 | control, or ornamentation or landscaping or as a settling | ||||||
31 | pond.
| ||||||
32 | (5) Except for wetlands created pursuant to mining | ||||||
33 | activities described in
item (7), an incidentally created | ||||||
34 | water-filled depression,
unless
(i) ownership of the | ||||||
35 | property containing the depression has been transferred
| ||||||
36 | away from the party who incidentally created the |
| |||||||
| |||||||
1 | water-filled depression, (ii)
the
ownership transfer | ||||||
2 | occurred more than 12 months prior to the commencement of
| ||||||
3 | an otherwise regulated activity, (iii) the use of the | ||||||
4 | property has changed from
the
use that existed when the | ||||||
5 | property was transferred from the party who
incidentally
| ||||||
6 | created the water-filled depression, (iv) the resulting | ||||||
7 | body of water meets the
definition in this Act of a | ||||||
8 | wetland, (v) the ownership of the property
has not
| ||||||
9 | transferred from the party who created the incidentally | ||||||
10 | created water-filled
depression, and (vi) the depression | ||||||
11 | was not created more than 33 years before
the date the | ||||||
12 | permit
application is received by the Agency.
| ||||||
13 | (6) Stormwater or spill management systems, including | ||||||
14 | retention and
detention basins, ditches and channels, and | ||||||
15 | former stormwater or spill
management systems that have | ||||||
16 | ceased operations less than 33 years before the
date the
| ||||||
17 | permit application is received by the Agency or that are | ||||||
18 | undergoing
remediation in accordance with an approved | ||||||
19 | Agency program.
| ||||||
20 | (7) Waters that undergo mining activities conducted | ||||||
21 | pursuant to a
federal, State, regional, or local permit | ||||||
22 | that requires the reclamation of the
affected
wetlands if | ||||||
23 | the reclamation will be completed within a reasonable | ||||||
24 | period of
time
after completion of activities at the site | ||||||
25 | and, upon completion of such
reclamation,
the wetlands will | ||||||
26 | support functions generally equivalent to the functions
| ||||||
27 | supported by the wetlands at the time of commencement of | ||||||
28 | such activities.
| ||||||
29 | (8) Prior converted cropland.
| ||||||
30 | Section 20. Applicability. The requirements of this Act | ||||||
31 | shall apply to all
isolated wetlands as that term is defined in | ||||||
32 | this Act. In the event that an
isolated wetland
ceases to meet | ||||||
33 | that definition because it becomes subject to regulation under
| ||||||
34 | the federal
Clean Water Act, the wetland shall no longer be | ||||||
35 | subject to the provisions of
this Act.
|
| |||||||
| |||||||
1 | On and after July 1, 2007, the requirements of this Act | ||||||
2 | shall apply to
wetlands, if and only if by that date the COE | ||||||
3 | has
entered into a
delegation agreement with the Agency; | ||||||
4 | provided, however, that the provisions of
this Act
shall | ||||||
5 | continue in full force and effect as applied to isolated | ||||||
6 | wetlands. The
delegation
agreement shall provide, at a minimum, | ||||||
7 | that all delineation, classification,
notification,
and | ||||||
8 | permitting requirements shall be at least as stringent as those | ||||||
9 | contained
in this Act.
| ||||||
10 | Section 25. Wetland delineation; classification; | ||||||
11 | notification; permits.
| ||||||
12 | (a) The requirements of this Section apply beginning on the | ||||||
13 | effective date
of
the rules required under Section 40 or 18 | ||||||
14 | months from the effective date of
this
Act,
whichever occurs | ||||||
15 | earlier. The procedures and regulatory criteria for the
| ||||||
16 | delineation,
classification, notification, and permitting for | ||||||
17 | wetlands shall be conducted in
accordance
with the provisions | ||||||
18 | of this Section.
| ||||||
19 | (b) Any person who intends to conduct a regulated activity | ||||||
20 | within the State
may request a determination from the Agency as | ||||||
21 | to the existence, location, and
surface
area of any wetlands on | ||||||
22 | or contiguous to the affected property. Nothing in this
Section
| ||||||
23 | shall require the person to seek such a determination, however, | ||||||
24 | failure to seek
and obtain
a determination shall not be a | ||||||
25 | defense against a violation of this Act.
| ||||||
26 | The person seeking a determination shall provide the Agency | ||||||
27 | with sufficient
information to render such a determination. The | ||||||
28 | information shall include a
wetland
delineation made in | ||||||
29 | accordance with the COE Wetlands Delineation Manual,
Technical
| ||||||
30 | Report Y-87-1. Delineation of the portion of a contiguous | ||||||
31 | wetland not on the
affected
property shall be made to the | ||||||
32 | extent reasonably possible, and methods other
than physical
| ||||||
33 | on-site evaluations shall be considered by the Agency.
| ||||||
34 | The Agency shall provide notice to the applicant as to | ||||||
35 | whether a submitted
application is complete. Unless the Agency |
| |||||||
| |||||||
1 | notifies the applicant that the
application is
incomplete | ||||||
2 | within 15 days of receipt of the application, the application | ||||||
3 | shall
be deemed
complete. The Agency may request additional | ||||||
4 | information as needed to make the
completeness determination. | ||||||
5 | The Agency shall, within 30 days after receipt of a
complete
| ||||||
6 | determination
request, provide the person with a determination | ||||||
7 | as to the
existence,
location, and surface area of wetlands | ||||||
8 | located on or contiguous to the affected
property.
| ||||||
9 | If the Agency determines that there are no wetlands on the | ||||||
10 | affected property,
any
otherwise regulated activity conducted | ||||||
11 | on the property shall not be subject to
the
provisions of this | ||||||
12 | Act.
| ||||||
13 | If the Agency determines that there is one or more wetlands | ||||||
14 | on or contiguous
to
the affected property, the person may apply | ||||||
15 | to the Agency for classification of
such
wetlands.
| ||||||
16 | Any determination of a wetland by the Agency is a final | ||||||
17 | decision for purposes
of
appeal to the Board.
| ||||||
18 | (c) If a person intends to conduct a regulated activity, | ||||||
19 | the person may,
prior to commencing the regulated activity, | ||||||
20 | request that the wetland be
classified as a
Class IA, Class IB, | ||||||
21 | Class II, or Class III wetland in accordance with the
| ||||||
22 | provisions of this Section.
Nothing in this
Section shall | ||||||
23 | require the person to seek such a classification, however any
| ||||||
24 | wetlands not
so classified shall be considered Class IA | ||||||
25 | wetlands for purposes of this Act.
| ||||||
26 | The person seeking a classification shall provide the | ||||||
27 | Agency with sufficient
information to render such a | ||||||
28 | classification. The information shall include a
wetland
| ||||||
29 | delineation made in accordance with the COE Wetlands | ||||||
30 | Delineation Manual,
Technical
Report Y-87-1.
| ||||||
31 | Unless the Agency notifies the applicant that the request | ||||||
32 | for classification
is incomplete
within
15 days after receipt | ||||||
33 | of the request, the application shall be deemed
complete.
| ||||||
34 | The
Agency may request additional information as needed to | ||||||
35 | make the completeness
determination.
The Agency shall, within | ||||||
36 | 30 days after receipt of classification request,
provide the |
| |||||||
| |||||||
1 | person with a classification of wetlands located
on or
| ||||||
2 | contiguous to the affected property. If the Agency fails to | ||||||
3 | provide the person
with a
classification within 30 days, the | ||||||
4 | classification requested by the person shall
be deemed
granted.
| ||||||
5 | The Agency shall classify a wetland as:
| ||||||
6 | (1) A Class IA wetland if and only if
(A) the wetland | ||||||
7 | is or encompasses a bog;
(B) the wetland is or encompasses | ||||||
8 | a fen;
(C) the wetland is or encompasses a panne;
(D) the | ||||||
9 | wetland is or encompasses a cypress swamp; or
(E) a | ||||||
10 | threatened or endangered species has been identified in the
| ||||||
11 | wetland, provided that a wetland will not be classified as | ||||||
12 | Class IA based
solely on the presence of an endangered | ||||||
13 | plant and the owner of the
wetland authorizes the taking of | ||||||
14 | that plant pursuant to the Illinois
Endangered Species | ||||||
15 | Protection Act.
| ||||||
16 | (2) A Class IB wetland if and only if the wetland
(A) | ||||||
17 | is or encompasses an ADID site; or
(B) has a Floristic | ||||||
18 | Quality Index (FQI) that is equal to or greater
than 20 or | ||||||
19 | a mean coefficient of conservatism (Mean C) equal to or | ||||||
20 | greater
than 3.5, determined in accordance with rules | ||||||
21 | adopted by the Agency.
| ||||||
22 | (3) A Class II wetland if and only if the wetland is | ||||||
23 | not a Class IA,
Class IB, or Class III wetland.
| ||||||
24 | (4) A Class III wetland if and only if
(A) the wetland | ||||||
25 | is not a Class IA or Class IB wetland, and
(B) the total | ||||||
26 | size of the wetland, including contiguous areas, is (i)
| ||||||
27 | less than one-quarter acre or (ii) less than one-half acre | ||||||
28 | if the wetland is in
a county that does not have authority | ||||||
29 | to establish stormwater management
programs under Section | ||||||
30 | 5-1062 or Section 5-1062.1 of the Counties Code.
| ||||||
31 | Any classification of a wetland by the Agency is a final | ||||||
32 | decision for
purposes
of
appeal to the Board.
| ||||||
33 | (d) Subject to the provisions of Section 35 regarding | ||||||
34 | general permits, no
person may conduct or cause to be conducted | ||||||
35 | a regulated activity within or
affecting a
wetland in such a | ||||||
36 | manner that the biologic or hydrologic integrity of the
wetland |
| |||||||
| |||||||
1 | is
impaired within the scope of this Act, except in accordance | ||||||
2 | with the terms of
an
individual permit issued by the Agency or | ||||||
3 | authorization to proceed as
applicable under
this Section.
| ||||||
4 | (1) Class IA.
| ||||||
5 | (A) A permit to conduct a regulated activity | ||||||
6 | affecting a Class
IA wetland within the scope of this | ||||||
7 | Act shall be granted if documentation
is submitted that | ||||||
8 | demonstrates that avoidance of impacts to a Class IA
| ||||||
9 | wetland precludes the reasonable economic use of the | ||||||
10 | entire parcel and
that no practicable alternative to | ||||||
11 | wetland modification exists.
| ||||||
12 | (B) No permit under this item (1) may be issued by | ||||||
13 | the Agency
without a public notice and opportunity for | ||||||
14 | public hearing being afforded.
In the event that an | ||||||
15 | affected party requests a public hearing, a public
| ||||||
16 | hearing shall be held.
| ||||||
17 | (C) Wetland losses under this item (1) shall be | ||||||
18 | mitigated at a
ratio of no greater than 3.5:1 and shall | ||||||
19 | be mitigated in kind and within the
same watershed as | ||||||
20 | the impacted area restoring, to the maximum degree
| ||||||
21 | practicable as determined by the Agency, both the type | ||||||
22 | and functions of
the wetland that will be affected by | ||||||
23 | the regulatory activity. When the type
and functions of | ||||||
24 | the wetland that will be affected by the activity | ||||||
25 | cannot be
adequately restored to the maximum degree | ||||||
26 | practicable by the ratio
allowed in this paragraph, the | ||||||
27 | Agency may, on a case-by-case basis,
increase this | ||||||
28 | ratio based on site-specific criteria to be developed | ||||||
29 | by rule.
The mitigation shall be consistent with rules | ||||||
30 | adopted by the Board and
may consist of actual | ||||||
31 | replacement or participation in a mitigation banking
| ||||||
32 | program or other compensation program approved by the | ||||||
33 | Agency.
| ||||||
34 | (2) Class IB.
| ||||||
35 | (A) A permit to conduct a regulated activity | ||||||
36 | affecting a Class
IB wetland within the scope of this |
| |||||||
| |||||||
1 | Act shall be granted if documentation
is submitted that | ||||||
2 | demonstrates that no practicable alternative to | ||||||
3 | wetland
modification exists.
| ||||||
4 | (B) No permit under this item (2) may be issued by | ||||||
5 | the Agency
without a public notice and opportunity for | ||||||
6 | public hearing being afforded.
In the event that an | ||||||
7 | affected party requests a public hearing, a public
| ||||||
8 | hearing shall be held.
| ||||||
9 | (C) Wetland losses under this item (2) shall be | ||||||
10 | mitigated at a
ratio of no greater than 3:1 and shall | ||||||
11 | be mitigated in kind and within the
same watershed as | ||||||
12 | the impacted area restoring, to the maximum degree
| ||||||
13 | practicable as determined by the Agency, both the type | ||||||
14 | and functions of
the wetland that will be affected by | ||||||
15 | the regulatory activity. When the type
and functions of | ||||||
16 | the wetland that will be affected by the activity | ||||||
17 | cannot be
adequately restored to the maximum degree | ||||||
18 | practicable by the ratio
allowed in this paragraph, the | ||||||
19 | Agency may, on a case-by-case basis,
increase this | ||||||
20 | ratio based on site-specific criteria to be developed | ||||||
21 | by rule.
The mitigation shall be consistent with rules | ||||||
22 | adopted by the Board and
may consist of actual | ||||||
23 | replacement or participation in a mitigation banking
| ||||||
24 | program or other compensation program approved by the | ||||||
25 | Agency.
| ||||||
26 | (3) Class II.
| ||||||
27 | (A) A permit to conduct a regulated activity | ||||||
28 | affecting a Class II
wetland within the scope of this | ||||||
29 | Act shall be granted if documentation is
submitted | ||||||
30 | demonstrating that a minimization plan to minimize or | ||||||
31 | alleviate
the impact on the wetland has been developed | ||||||
32 | and applied as reasonably
appropriate.
| ||||||
33 | (B)No permit under this item (3) may be issued by | ||||||
34 | the Agency
without a public notice and opportunity for | ||||||
35 | public hearing being afforded.
In the event that an | ||||||
36 | affected party requests a public hearing, the Agency
|
| |||||||
| |||||||
1 | may at its discretion hold a public hearing on the | ||||||
2 | proposed regulated
activity.
| ||||||
3 | (C) Wetland losses under this item (3) shall be | ||||||
4 | mitigated at a
ratio of no greater than 1.5:1, and | ||||||
5 | shall be mitigated in kind and within the
same | ||||||
6 | watershed as the impacted area restoring, to the | ||||||
7 | maximum degree
practicable as determined by the | ||||||
8 | Agency, both the type and functions of
the wetland that | ||||||
9 | will be affected by the regulatory activity. When the | ||||||
10 | type
and functions of the wetland that will be affected | ||||||
11 | by the activity cannot be
adequately restored to the | ||||||
12 | maximum degree practicable by the ratio
allowed in this | ||||||
13 | paragraph, the Agency may, on a case-by-case basis,
| ||||||
14 | increase this ratio based on site-specific criteria to | ||||||
15 | be developed by rule.
The mitigation shall be | ||||||
16 | consistent with rules adopted by the Board and
may | ||||||
17 | consist of actual replacement, participation in a | ||||||
18 | mitigation banking
program or other compensation | ||||||
19 | programs approved by the Agency,
education or research | ||||||
20 | programs, or other appropriate programs.
| ||||||
21 | (4) Class III.
| ||||||
22 | (A) No regulated activity covered under this Act | ||||||
23 | that will
impact an area that has been classified as a | ||||||
24 | Class III wetland may be
undertaken without prior | ||||||
25 | notification to the Agency.
| ||||||
26 | (B) The notification shall include (i) a sketch | ||||||
27 | that reasonably
depicts the area that will be affected | ||||||
28 | by the regulated activity, including
wetland and water | ||||||
29 | boundaries for the areas affected and the existing land
| ||||||
30 | uses and structures; (ii) a description of the proposed | ||||||
31 | activity, including its
purpose; (iii) a description | ||||||
32 | of any public benefit to be derived from the
proposed | ||||||
33 | project; and (iv) the names and addresses of adjacent | ||||||
34 | landowners
as determined by the current tax assessment | ||||||
35 | roles.
| ||||||
36 | (C)Upon receipt of a notification of intent, the |
| |||||||
| |||||||
1 | Agency shall
verify that the regulated activity will | ||||||
2 | affect a wetland that it previously
classified as Class | ||||||
3 | III.
If the Agency so verifies, the Agency shall send | ||||||
4 | the person, within
30 days of the receipt of the | ||||||
5 | notification, a response stating that the
regulated | ||||||
6 | activity may proceed.
If the Agency cannot so verify, | ||||||
7 | the Agency shall send the person,
within 30 days of the | ||||||
8 | receipt of the notification, a response stating that
no | ||||||
9 | classification has been made by the Agency or that a | ||||||
10 | classification of
IA, IB, or II was made and that the | ||||||
11 | regulated activity may not proceed
until either a | ||||||
12 | classification is made pursuant to this Section, or a | ||||||
13 | permit is
obtained, as applicable.
Failure of the | ||||||
14 | Agency to respond to a notification shall be deemed
as | ||||||
15 | an authorization to proceed.
| ||||||
16 | (D) No permit shall be required for a regulated | ||||||
17 | activity covered
under this Act that will impact an | ||||||
18 | area that has been classified as a Class
III wetland.
| ||||||
19 | (e) Within 15 days of the receipt of a permit application, | ||||||
20 | the Agency shall
determine if an application is complete. To be | ||||||
21 | deemed complete, an application
must
provide all information, | ||||||
22 | as requested in Agency application forms, sufficient
to | ||||||
23 | evaluate
the application. The information shall include, at a | ||||||
24 | minimum, the following:
| ||||||
25 | (1) A sketch that
reasonably depicts the area that will | ||||||
26 | be affected by the regulated activity,
including
wetland | ||||||
27 | and water boundaries for the areas affected and the | ||||||
28 | existing land
uses and
structures.
| ||||||
29 | (2) A description of the proposed activity, including | ||||||
30 | its purpose.
| ||||||
31 | (3) A
description of any public benefit to be derived | ||||||
32 | from the proposed project.
| ||||||
33 | (4) The
names and addresses of adjacent landowners as | ||||||
34 | determined by the current tax
assessment
roles.
| ||||||
35 | (5) A wetland delineation made in
accordance with
the | ||||||
36 | COE Wetlands Delineation Manual, Technical Report Y-87-1.
|
| |||||||
| |||||||
1 | The Agency application forms shall be finalized and made | ||||||
2 | available prior to
the
date on which any application is | ||||||
3 | required. The Agency shall provide notice to
the
applicant as | ||||||
4 | to whether a submitted application is complete. Unless the | ||||||
5 | Agency
notifies
the applicant that the application is | ||||||
6 | incomplete within 20 days of receipt of
the
application, the | ||||||
7 | application shall be deemed complete. The Agency may request
| ||||||
8 | additional information as needed to make the completeness | ||||||
9 | determination. The
Agency
may, to the extent practicable, | ||||||
10 | provide the applicant with a reasonable
opportunity to
correct | ||||||
11 | deficiencies prior to a final determination of completeness. | ||||||
12 | Within 90
days after the receipt of a complete application for | ||||||
13 | permit, the Agency shall
issue, deny, or issue
with conditions | ||||||
14 | a permit. If a public hearing is held on the application,
| ||||||
15 | however, this
period shall be extended by 45 days.
| ||||||
16 | (f) The Agency shall not issue any permit pursuant to this | ||||||
17 | Section unless
the
Agency has certified that the proposed | ||||||
18 | activity will not cause or contribute to
a violation
of any | ||||||
19 | State water quality standard. The Agency will be deemed to have
| ||||||
20 | certified that the
proposed activity will not cause or | ||||||
21 | contribute to a violation of any State
water quality
standard | ||||||
22 | if it has not declined in writing to so certify within 80 days | ||||||
23 | of the
filing of the
application, unless the Agency has | ||||||
24 | requested that the applicant supply more
information
relevant | ||||||
25 | to assessing the water quality impacts of the proposed | ||||||
26 | activity.
| ||||||
27 | (g) Any person may submit concurrent requests for | ||||||
28 | determination and
delineation, classification, and a permit | ||||||
29 | application or provision of notification. The
Agency shall act | ||||||
30 | on such combined requests concurrently in accordance with | ||||||
31 | expedited
permitting procedures proposed by the Agency and | ||||||
32 | adopted by the Board.
| ||||||
33 | (h) Any person may submit an application for an | ||||||
34 | after-the-fact permit to be
issued under this Act, and the | ||||||
35 | Agency is authorized to issue such an after-the-fact permit
if | ||||||
36 | it determines that the activities covered by the after-the-fact |
| |||||||
| |||||||
1 | permit application were
undertaken and conducted in response to | ||||||
2 | emergency circumstances where there may be
an imminent threat | ||||||
3 | to persons, public infrastructure, personal property, or
| ||||||
4 | uninterrupted
utility service that made it impracticable for | ||||||
5 | the applicant to obtain prior
authorization
under this Act to | ||||||
6 | undertake and conduct such activities. The applicant shall be
| ||||||
7 | required
to demonstrate that it provided notice to the Agency | ||||||
8 | of the emergency
circumstances as
soon as reasonably possible | ||||||
9 | following the discovery of such circumstances.
| ||||||
10 | (i) The Board shall adopt rules to carry out the provisions | ||||||
11 | of this Section
in
accordance with Section 40 of this Act.
| ||||||
12 | Section 35. General permits.
| ||||||
13 | (a) Notwithstanding Section 25, any person who intends to | ||||||
14 | conduct a
regulated activity within the State may do so in | ||||||
15 | accordance with a general
permit issued
by the Agency under | ||||||
16 | this Section.
| ||||||
17 | (b) Permits for all categories of activities, subject to | ||||||
18 | the same permit
limitations and conditions that are the subject | ||||||
19 | of a nationwide permit issued
by the COE,
in effect on the date | ||||||
20 | of the enactment of this Act are adopted as general
permits | ||||||
21 | covering
regulated activities subject to this Act.
| ||||||
22 | (c) The Agency may adopt general permits covering other | ||||||
23 | activities that
would be subject to the same permit limitations | ||||||
24 | and conditions if it
determines that the
activities in that | ||||||
25 | category will cause only minimal adverse environmental
effects | ||||||
26 | when
performed separately, will have only minimal cumulative | ||||||
27 | adverse effect on the
environment, will not cause or contribute | ||||||
28 | to a violation of State water quality
standards
when performed | ||||||
29 | separately, and will have only a minimal cumulative adverse
| ||||||
30 | effect on
water quality. The Agency may prescribe the best | ||||||
31 | management practices for any
general
permit issued under this | ||||||
32 | Section. The Agency shall consider any optional
mitigation
| ||||||
33 | proposed by an applicant in determining whether the net adverse | ||||||
34 | environmental
effects of
a proposed regulated activity are | ||||||
35 | minimal.
Specifically, the Agency must adopt a general permit |
| |||||||
| |||||||
1 | for:
| ||||||
2 | (1) the construction or maintenance of access roads for | ||||||
3 | utility lines,
substations, or related equipment or | ||||||
4 | facilities; and
| ||||||
5 | (2) activities for the purpose of preserving and | ||||||
6 | enhancing aviation safety
or
preventing an airport hazard.
| ||||||
7 | (d) No general permit adopted under this Section shall be | ||||||
8 | for a period of
more
than 5 years after the date of its | ||||||
9 | adoption and the general permit may be
revoked or
modified by | ||||||
10 | the Agency if, after opportunity for public hearing, the Agency
| ||||||
11 | determines
that the activities authorized by the general permit | ||||||
12 | have an adverse impact on
the
environment, cause or contribute | ||||||
13 | to a violation of State water quality
standards, or are
more | ||||||
14 | appropriately authorized by individual permits.
| ||||||
15 | (e) Compliance with the terms of the general permits shall | ||||||
16 | be deemed
compliance with the provisions of this Act if the | ||||||
17 | applicant (i) files a notice
of intent to be
covered under the | ||||||
18 | provisions of the general permit in accordance with rules
| ||||||
19 | adopted pursuant to this Act and (ii) files any reports | ||||||
20 | required by the general
permit.
| ||||||
21 | (f) The Agency shall respond to a notice of intent to | ||||||
22 | proceed under general
permits issued under this Section within | ||||||
23 | 30 days after the Agency receives the
notice. In
the event that | ||||||
24 | the Agency fails to respond to a notice of intent to proceed
| ||||||
25 | within 30 days
as required by this subsection (f), the person | ||||||
26 | submitting the notice shall be
deemed fully
authorized to | ||||||
27 | conduct the activities described in the notice under the terms
| ||||||
28 | and conditions
of the applicable general permit.
| ||||||
29 | Section 40. Illinois Wetlands Advisory Committee; duties; | ||||||
30 | rules.
| ||||||
31 | (a) There is hereby established the Illinois Wetlands | ||||||
32 | Advisory
Committee consisting of 13 members appointed by the | ||||||
33 | Governor.
The Committee shall include 5 members selected from | ||||||
34 | among the following
organizations:
| ||||||
35 | (1) The Illinois State Chamber of Commerce.
|
| |||||||
| |||||||
1 | (2) The Illinois Association of Realtors.
| ||||||
2 | (3) The Consulting Engineers Council of Illinois.
| ||||||
3 | (4) The Illinois Association of Aggregate Producers.
| ||||||
4 | (5) The Illinois Association of Home Builders.
| ||||||
5 | (6) The National Solid Waste Management Association.
| ||||||
6 | (7) The Illinois Farm Bureau.
| ||||||
7 | The Committee shall include 3 members selected from the | ||||||
8 | membership of
environmental and conservation groups in the | ||||||
9 | State.
| ||||||
10 | The Committee shall include 2 persons representing | ||||||
11 | counties exercising
authority
under Section 5-1062 or Section | ||||||
12 | 5-1062.1 of the Counties Code to establish
stormwater
| ||||||
13 | management programs.
| ||||||
14 | The Committee shall include 3 other members as determined | ||||||
15 | by the Governor.
| ||||||
16 | Members of the Committee may organize themselves as they | ||||||
17 | deem
necessary and shall serve without compensation.
| ||||||
18 | (b) The Committee shall review, evaluate, and make | ||||||
19 | recommendations (i)
regarding State laws, rules, and | ||||||
20 | procedures that relate to this Act and (ii)
relating to the
| ||||||
21 | State's efforts to implement this Act.
| ||||||
22 | (c) Within 6 months after the effective date of this Act, | ||||||
23 | the Agency, after
consideration of the recommendations of the | ||||||
24 | Committee, shall propose to the
Board any
rules required by | ||||||
25 | this Act prescribing procedures and standards for its
| ||||||
26 | administration.
Within 6 months of the proposal of such rules | ||||||
27 | to the Board, the Board shall
adopt,
pursuant to Sections 27 | ||||||
28 | and 28 of the Environmental Protection Act and any
rules
| ||||||
29 | adopted thereunder, rules that are consistent with this Act. | ||||||
30 | Nothing in this
Act shall
preclude, at any time, the | ||||||
31 | recommendation, proposal, or adoption of any other
rules
deemed | ||||||
32 | necessary for the orderly implementation of this Act.
| ||||||
33 | (d) The Committee shall develop a plan for Statewide | ||||||
34 | wetlands protection and
shall submit the plan to the State. The | ||||||
35 | State shall seek to obtain a delegation
of COE
authority under | ||||||
36 | Section 404 of the federal Clean Water Act for all wetlands in
|
| |||||||
| |||||||
1 | Illinois on
or before July 1, 2007, in accordance with Section | ||||||
2 | 20 of this Act.
| ||||||
3 | Section 45. Appeal of final agency decision; judicial | ||||||
4 | review.
| ||||||
5 | (a) If the Agency rejects a proposed determination and | ||||||
6 | delineation, refuses
to
approve a classification, or approves a | ||||||
7 | classification other than that supplied
by the
applicant, or | ||||||
8 | refuses to grant or grants with conditions a permit under
| ||||||
9 | Sections 25 or 35
of this Act, the applicant may, within 35 | ||||||
10 | days after receipt of the decision,
petition for a hearing | ||||||
11 | before
the Board to
contest the decision of the Agency. | ||||||
12 | However, the 35-day period for petitioning
for a
hearing may be | ||||||
13 | extended by the applicant for a period of time not to exceed 90
| ||||||
14 | days by
written notice provided to the Board from the applicant | ||||||
15 | and the Agency within
the initial
period. The applicant and the | ||||||
16 | Agency must jointly file a request for extension
within 35
days | ||||||
17 | after the date of service of the Agency's final decision. The | ||||||
18 | joint
request may seek
an appeal period not exceeding 125 days | ||||||
19 | from the date of service of the
Agency's final
decision to file | ||||||
20 | a petition for review under this Section. The Board shall
| ||||||
21 | publish notice in
a newspaper of general circulation in that | ||||||
22 | county where the regulated activity
at issue is
located for a | ||||||
23 | period of 21 days. The Agency shall appear as respondent in the
| ||||||
24 | hearing.
At the hearing the rules prescribed in Section 32 and | ||||||
25 | subsection (a) of Section
33 of the
Environmental Protection | ||||||
26 | Act shall apply and the burden of proof shall be on
the
| ||||||
27 | petitioner.
| ||||||
28 | (b) The applicant or the Agency, when adversely affected by | ||||||
29 | a final order or
determination of the Board, may obtain | ||||||
30 | judicial review by filing a petition for
review
within 35 days | ||||||
31 | from the date that a copy of the order or other final action
| ||||||
32 | sought to be
reviewed was served upon the party affected by the | ||||||
33 | order or other final Board
action
complained of, under the | ||||||
34 | provisions of the Administrative Review Law
and
the rules | ||||||
35 | adopted pursuant thereto, except that review shall be afforded
|
| |||||||
| |||||||
1 | directly in the
appellate court for the district in which the | ||||||
2 | cause of action arose and not in
the circuit
court.
| ||||||
3 | Section 50. Investigation; enforcement.
| ||||||
4 | (a) In accordance with constitutional limitations, the | ||||||
5 | Agency shall have
authority to enter at all reasonable times | ||||||
6 | upon any private or public property
for the
purpose of | ||||||
7 | inspecting and investigating to ascertain possible violations | ||||||
8 | of
this Act or of
rules adopted hereunder or permits or terms | ||||||
9 | or conditions thereof.
| ||||||
10 | (b) The Agency shall conduct
investigations
and pursue | ||||||
11 | enforcement of alleged violations of this Act, any rule adopted
| ||||||
12 | pursuant to this Act, a
permit granted by the Agency, or a term | ||||||
13 | or condition of a
permit as prescribed in Section 30 and | ||||||
14 | subsections (a), (b), and (c) of Section
31 of the
| ||||||
15 | Environmental Protection Act and any rules adopted pursuant to | ||||||
16 | this Act.
| ||||||
17 | (c) The Agency shall have the duty to administer the permit | ||||||
18 | and
certification
systems as may be established by this Act or | ||||||
19 | by rules adopted pursuant to this
Act.
| ||||||
20 | (d) In hearings before the Board to enforce provisions of | ||||||
21 | this Act, the
burden
shall be on the Agency to show either that | ||||||
22 | the respondent has violated or
threatens to
violate any | ||||||
23 | provision of this Act or any rule adopted pursuant to this Act | ||||||
24 | or a
permit or term or
condition of a permit. If such proof has | ||||||
25 | been made, the burden shall be on the
respondent to
show that | ||||||
26 | compliance with the Board's rules would impose an arbitrary or
| ||||||
27 | unreasonable hardship.
| ||||||
28 | (e) Hearings in enforcement proceedings shall be held in | ||||||
29 | accordance with
Section 32 of the Environmental Protection Act | ||||||
30 | and any rules adopted
thereunder.
| ||||||
31 | (f) Board determinations and orders shall be made in | ||||||
32 | accordance with Section
33 of the Environmental Protection Act | ||||||
33 | and any rules adopted thereunder.
| ||||||
34 | (g) The civil penalties provided for in this Section may be | ||||||
35 | recovered in a
civil
action, which may be instituted in a court |
| |||||||
| |||||||
1 | of competent jurisdiction or by
determination or
order of the | ||||||
2 | Board. The State's Attorney of the county in which the alleged
| ||||||
3 | violation
occurred, or the Attorney General, may, at the | ||||||
4 | request of the Agency or on his
or her own
motion, institute a | ||||||
5 | civil action in a court of competent jurisdiction to
recover | ||||||
6 | civil
penalties and an injunction to restrain violations of the | ||||||
7 | Act.
| ||||||
8 | (h) Any person who violates any provision of this Act or | ||||||
9 | any rule adopted
pursuant to this Act, or any permit or term or | ||||||
10 | condition thereof, or that
violates any determination
or order | ||||||
11 | of the Board pursuant to this Act, shall be liable for a civil | ||||||
12 | penalty
of not to
exceed $10,000 per day of violation; such | ||||||
13 | penalties may, upon order of the
Board or a
court of competent | ||||||
14 | jurisdiction, be made payable to the Environmental
Protection | ||||||
15 | Trust
Fund, to be used in accordance with the provisions of the | ||||||
16 | Environmental
Protection Trust
Fund Act.
| ||||||
17 | (i) In determining the appropriate civil penalty to be | ||||||
18 | imposed under this
Section, the Board is authorized to consider | ||||||
19 | any matters of record in
mitigation or
aggravation of penalty, | ||||||
20 | including but not limited to the following factors:
| ||||||
21 | (1) The duration and gravity of the violation.
| ||||||
22 | (2) The presence or absence of due diligence on the | ||||||
23 | part of the person
in attempting to comply with | ||||||
24 | requirements of this Act and rules adopted
hereunder or to | ||||||
25 | secure relief therefrom as provided by this Act.
| ||||||
26 | (3) Any economic benefits accrued by the person because | ||||||
27 | of delay in
compliance with requirements.
| ||||||
28 | (4) The amount of monetary penalty which will serve to | ||||||
29 | deter further
violations by the person and to otherwise aid | ||||||
30 | in enhancing voluntary compliance
with this Act by the | ||||||
31 | person and other persons similarly subject to the Act.
| ||||||
32 | (5) The number, proximity in time, and gravity of | ||||||
33 | previously
adjudicated violations of this Act by the | ||||||
34 | person.
| ||||||
35 | (j) A violation of any provision of this Act or any rule | ||||||
36 | adopted
pursuant to this Act,
or any permit or term or |
| |||||||
| |||||||
1 | condition thereof, or any violation of any
determination or | ||||||
2 | order
of the Board pursuant to this Act, shall not be deemed a | ||||||
3 | criminal offense.
| ||||||
4 | (k) All final orders imposing civil penalties pursuant to | ||||||
5 | this Section shall
prescribe the time for payment of such | ||||||
6 | penalties. If any such penalty is not
paid within
the time | ||||||
7 | prescribed, interest on the penalty at the rate set forth in
| ||||||
8 | subsection (a) of
Section 1003 of the Illinois Income Tax Act | ||||||
9 | shall be paid for the period from
the date
payment is due until | ||||||
10 | the date payment is received. However, if the time for
payment | ||||||
11 | is
stayed during the pendency of an appeal, interest shall not | ||||||
12 | accrue during such
stay.
| ||||||
13 | Section 55. Fees.
| ||||||
14 | (a) Any person seeking a permit, coverage under a general | ||||||
15 | permit, or filing
a
notification of activities to be conducted | ||||||
16 | on a Class III wetland from the
Agency shall
pay a fee to the | ||||||
17 | Agency at the time of filing an application or notification.
| ||||||
18 | The following
fee amounts shall apply:
| ||||||
19 | (1) The fee for a Class IA or Class IB wetland is $400 | ||||||
20 | if the site is less
than
1 acre; $500 if the site is equal | ||||||
21 | to or greater than 1 acre but less than 10
acres; $750 if | ||||||
22 | the site is equal to or greater than 10 acres but less than | ||||||
23 | 50
acres; and $1,000 if the site is equal to or greater | ||||||
24 | than 50 acres. In the
event that the
Agency is required to | ||||||
25 | review a mitigation plan for any such site, an additional
| ||||||
26 | fee
will be required at the time the applicant is notified | ||||||
27 | that such a review is
required.
The additional mitigation | ||||||
28 | review fee shall be: $750 if the affected wetland is
less
| ||||||
29 | than 0.5 acres; $1000 if the affected wetland is equal to | ||||||
30 | or greater than 0.5
acres but less than 2 acres; $1250
if
| ||||||
31 | the site is equal to or greater than 2 acres but less than | ||||||
32 | 5 acres; and $1,500
if the site is equal to or greater than | ||||||
33 | 5 acres.
| ||||||
34 | (2) The fee for a Class II wetland shall be calculated | ||||||
35 | at 50% of the fee
charged to a Class IA or Class IB |
| |||||||
| |||||||
1 | wetland.
| ||||||
2 | (3) The fee for filing a notice of intent to be covered | ||||||
3 | under a general
permit shall be $200.
| ||||||
4 | (4) The fee for filing a notification of activities to | ||||||
5 | be conducted on a
Class III wetland shall be $150.
| ||||||
6 | (b) The Agency shall establish procedures for the | ||||||
7 | collection of fees
required
under this Act.
| ||||||
8 | (c) There is hereby created in the State
Treasury a special | ||||||
9 | fund to be known as the Wetlands Management Fund. There
shall | ||||||
10 | be
deposited into the Fund all monies received from the fees | ||||||
11 | collected under
subsection (a)
of this Section. Pursuant to | ||||||
12 | appropriation, monies from the Fund shall be
allocated in
| ||||||
13 | amounts deemed necessary to implement this Act and, if | ||||||
14 | sufficient funds are
available,
for the administration of other | ||||||
15 | permit programs administered by the Agency.
| ||||||
16 | (d) For the purposes of this Section, "site" means the area | ||||||
17 | of land that
will be disturbed or altered as a result of the | ||||||
18 | project or development that may
affect a wetland.
| ||||||
19 | Section 60. Home rule; delegation of authority.
| ||||||
20 | (a) A home rule unit may not regulate wetlands except as | ||||||
21 | provided in
subsection (b) and (c) of this Section. This | ||||||
22 | Section is a limitation under
subsection (i) of
Section 6 of | ||||||
23 | Article VII of the Illinois Constitution on the concurrent
| ||||||
24 | exercise by home
rule units of powers in functions exercised by | ||||||
25 | the State.
| ||||||
26 | (b) In cases where a county government has implemented a | ||||||
27 | wetlands
regulation program prior to March 1, 2003, that county | ||||||
28 | will be permitted to
regulate
wetlands until July 1, 2007. | ||||||
29 | Beginning on July 1, 2007, the limitation in
subsection (a) of
| ||||||
30 | this Section shall take effect.
| ||||||
31 | (c) The provisions of any ordinance or resolution adopted | ||||||
32 | before, on, or
after
the effective date of this Act of the 93d | ||||||
33 | General Assembly by any unit of local
government that impose | ||||||
34 | restrictions or limitations on the identification,
| ||||||
35 | classification,
notification, permitting, or regulatory |
| |||||||
| |||||||
1 | criteria for wetlands are invalid,
except as
authorized by | ||||||
2 | subsection (d) of this Section, and all those existing | ||||||
3 | ordinances
and
resolutions are declared null and void. This | ||||||
4 | subsection shall not be deemed to
be a
limitation on any | ||||||
5 | legitimate statutory authority of any unit of local
government | ||||||
6 | to
regulate flood control or stormwater management, so long as | ||||||
7 | those rules are not
more stringent than the rules adopted under | ||||||
8 | Section 40 of this Act.
| ||||||
9 | (d) The Agency may enter into written delegation agreements | ||||||
10 | with any county
government under which it may delegate all or | ||||||
11 | portions of its inspecting,
investigating,
and enforcement | ||||||
12 | functions under this Act. In cases where a county government
| ||||||
13 | has
implemented a wetlands regulation program prior to March 1, | ||||||
14 | 2003, the Agency
shall,
upon the receipt of a request for | ||||||
15 | delegation by such county government,
delegate all or
portions | ||||||
16 | of its functions under this Act, as requested. Such delegation
| ||||||
17 | agreements shall,
at a minimum, require that:
| ||||||
18 | (1) All of the administrative procedures and | ||||||
19 | operations performed by
the delegated county government | ||||||
20 | shall be performed in accordance with
the provisions of | ||||||
21 | this Act and with rules adopted pursuant to
Section
40 of | ||||||
22 | this Act.
| ||||||
23 | (2) The general permits issued under Section 35 of this | ||||||
24 | Act shall be
administered by the delegated county | ||||||
25 | government for those activities covered
under the general | ||||||
26 | permits.
| ||||||
27 | (3) At the time of filing a permit application or | ||||||
28 | notification with a
delegated county government, the | ||||||
29 | person shall file a certification with the
Agency
attesting | ||||||
30 | to such filing.
| ||||||
31 | (4) Within 30 days after the delegated county | ||||||
32 | government takes final
action on a permit or notification, | ||||||
33 | a copy of the permit or notice action shall
be
filed with | ||||||
34 | the Agency.
| ||||||
35 | (5) Any final action taken by a delegated county | ||||||
36 | government may be
appealed in accordance with the |
| |||||||
| |||||||
1 | provisions of Section 45 of this Act.
| ||||||
2 | (e) Notwithstanding any other provision of law to the | ||||||
3 | contrary, no unit of
local government shall be liable for any | ||||||
4 | injury resulting from the exercise of
its authority
pursuant to | ||||||
5 | such a delegation agreement, unless the injury is proximately
| ||||||
6 | caused by the
willful and wanton negligence of an agent or | ||||||
7 | employee of the unit of local
government,
and any policy of | ||||||
8 | insurance coverage issued to a unit of local government may
| ||||||
9 | provide
for the denial of liability and the nonpayment of | ||||||
10 | claims based upon injuries
for which the
unit of local | ||||||
11 | government is not liable pursuant to this subsection.
| ||||||
12 | Section 90. The State Finance Act is amended by adding | ||||||
13 | Section 5.625 as
follows:
| ||||||
14 | (30 ILCS 105/5.625 new)
| ||||||
15 | Sec. 5.625. The Wetlands Management Fund.
| ||||||
16 | Section 97. Severability. The provisions of this Act are | ||||||
17 | severable under
Section
1.31 of the Statute on Statutes.
|