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1     AN ACT concerning conservation.
 
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 the
5 University of Illinois Scientific Surveys Act.
 
6     Section 5. Purposes. The purposes of this Act are to
7 establish at the University of Illinois an institute for
8 natural resources sustainability and to transfer to it all
9 rights, powers, duties, property, and functions currently
10 vested in the Department of Natural Resources pertaining to its
11 Natural History Survey division, State Water Survey division,
12 State Geological Survey division, and Waste Management and
13 Research Center division (which may also be referred to as the
14 Illinois Sustainable Technology Center).
 
15     Section 10. Definitions. For the purposes of this Act,
16 unless the context otherwise requires:
17     "Board of Trustees" means the Board of Trustees of the
18 University of Illinois.
19     "Scientific Surveys" means, collectively, the State
20 Natural History Survey division, the State Water Survey
21 division, the State Geological Survey division, and the Waste
22 Management and Research Center division transferred by this Act

 

 

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1 from the Department of Natural Resources to the Board of
2 Trustees.
 
3     Section 15. Organization. The Board of Trustees shall
4 establish and operate an institute for natural sciences and
5 sustainability. The institute shall contain within it the State
6 Natural History Survey division, the State Water Survey
7 division, the State Geological Survey division, the Waste
8 Management and Research Center division, and such other related
9 entities, research functions, and responsibilities as may be
10 appropriate. The institute shall be under the governance and
11 control of the Board of Trustees.
 
12     Section 20. General powers and duties. In addition to its
13 other powers and duties, the Board of Trustees shall have the
14 power to provide for the management and operation of the
15 Scientific Surveys including, but not limited to, the following
16 powers and duties which shall be performed by the Scientific
17 Surveys:
18     (1) To investigate and study the natural resources of the
19 State and to prepare reports and furnish information
20 fundamental to the conservation and development of natural
21 resources and, for that purpose, the officers and employees
22 thereof shall have the authority to enter and cross all lands
23 in this State, doing no damage to private property.
24     (2) To collaborate with and advise departments having

 

 

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1 administrative powers and duties relating to the natural
2 resources of the State, and to collaborate with similar
3 departments in other states and with the United States
4 Government.
5     (3) To conduct a natural history survey of the State,
6 giving preference to subjects of educational and economical
7 importance.
8     (4) To investigate the entomology of the State.
9     (5) To investigate all insects dangerous or injurious to
10 agricultural or horticultural plants and crops, to livestock,
11 to nursery trees and plants, to the products of the truck farm
12 and vegetable garden, to shade trees and other ornamental
13 vegetation of cities and villages, and to the products of the
14 mills and the contents of warehouses, and all insects injurious
15 or dangerous to the public health.
16     (6) To study the geological formation of the State with
17 reference to its resources of coal, ores, clays, building
18 stones, cement, materials suitable for use in the construction
19 of the roads, gas, oil, mineral and artesian water, aquifers
20 and aquitards, and other resources and products.
21     (7) To cooperate with United States federal agencies in the
22 preparation and completion of a contour topographic map and the
23 collection, recording, and printing of water and atmospheric
24 resource data including stream flow measurements and to collect
25 facts and data concerning the volumes and flow of underground,
26 surface, and atmospheric waters of the State and to determine

 

 

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1 the mineral and chemical qualities of water from different
2 geological formations and surface and atmospheric waters for
3 the various sections of the State.
4     (8) To act as the central data repository and research
5 coordinator for the State in matters related to water and
6 atmospheric resources. The State Water Survey of the University
7 of Illinois may monitor and evaluate all weather modification
8 operations in Illinois.
9     (9) To collaborate with the Illinois State Academy of
10 Science and to publish the results of the investigations and
11 research in the field of natural science to the end that the
12 same may be distributed to the interested public.
13     (10) To perform all other duties and assume all obligations
14 of the Department of Natural Resources pertaining to the State
15 Water Survey, the State Geological Survey, the State Natural
16 History Survey, and the Waste Management and Research Center.
17     (11) To maintain all previously existing relationships
18 between the State Water Survey, the State Geological Survey,
19 the State Natural History Survey, and the Illinois Sustainable
20 Technology Center and the public and private colleges and
21 universities in Illinois.
22     (12) To participate in federal geologic mapping programs.
23     (13) To conduct educational programs to further the
24 exchange of information to reduce the generation of hazardous
25 wastes or to treat or dispose of such wastes so as to make them
26 nonhazardous.

 

 

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1     (14) To provide a technical information service for
2 industries involved in the generation, treatment, or disposal
3 of hazardous wastes.
4     (15) To disseminate information regarding advances in
5 hazardous waste management technology that could both protect
6 the environment and further industrial productivity.
7     (16) To provide research in areas related to reduction of
8 the generation of hazardous wastes; treatment, recycling and
9 reuse; and other issues that the Board may suggest.
 
10     Section 25. Transfer of powers. All of the rights, powers,
11 and duties vested by law in the Department of Natural
12 Resources, or in any office, division, or bureau thereof, and
13 pertaining in any way to the operation, management, control,
14 and maintenance of the Scientific Surveys, including but not
15 limited to, the authority to impose and collect fees and
16 service charges, as deemed appropriate and necessary by the
17 Board of Trustees, for the services performed or provided by
18 the Scientific Surveys, are hereby transferred to and vested in
19 the Board of Trustees.
 
20     Section 30. Transfer of personnel. The employment of all
21 scientific and nonscientific personnel employed by the
22 Department of Natural Resources on behalf of the Scientific
23 Surveys is hereby transferred to the Board of Trustees. The
24 transfer shall not affect the status and rights of any person

 

 

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1 under the State Universities Retirement System or the State
2 Universities Civil Service System.
 
3     Section 35. Transfer of property.
4     (a) All books, records, papers, documents, property (real
5 and personal), contracts, grants, and pending business in any
6 way pertaining to the Scientific Surveys and to the rights,
7 powers, and duties transferred by this Act from the Department
8 of Natural Resources to the Board of Trustees, including but
9 not limited to material in electronic or magnetic format and
10 necessary computer hardware and software, shall be delivered
11 and transferred to the Board of Trustees.
12     (b) The Board of Trustees shall succeed to, assume, and
13 exercise all rights, powers, duties, property, and
14 responsibilities formerly exercised by the Department of
15 Natural Resources on behalf of the Scientific Surveys prior to
16 the effective date of this Section. All contracts, grants, and
17 agreements entered into by any of the Scientific Surveys or the
18 Department of Natural Resources on behalf of any of the
19 Scientific Surveys, prior to the effective date of this Section
20 shall subsist notwithstanding the transfer of the functions of
21 the Department of Natural Resources with respect to Scientific
22 Surveys to the Board of Trustees. All bonds, notes, and other
23 evidences of indebtedness outstanding on the effective date of
24 this Section issued by the Department of Natural Resources on
25 behalf of the Scientific Surveys, or any of them, shall become

 

 

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1 the bonds, notes, or other evidences of indebtedness of the
2 University of Illinois and shall be otherwise unaffected by the
3 transfer of functions to the Board of Trustees.
4     (c) The title to all patents, trademarks, and copyrights
5 issued to any of the Scientific Surveys prior to the effective
6 date of this Section is hereby transferred to and vested in the
7 Board of Trustees. Any income received from those patents,
8 trademarks, and copyrights and any funds received in connection
9 with the retention, receipt, assignment, license, sale, or
10 transfer of interest in, rights to, or income from discoveries,
11 inventions, patents, trademarks, or copyrightable works of any
12 of the Scientific Surveys shall become the property of the
13 Board of Trustees on behalf of the University of Illinois.
14     (d) The title to all other property, whether real,
15 personal, or mixed, and all accounts receivable belonging to or
16 under the jurisdiction of the Department of Natural Resources
17 in any way pertaining to the Scientific Surveys, or any of
18 them, prior to the effective date of this Section is hereby
19 transferred to and vested in the Board of Trustees on behalf of
20 the University of Illinois.
 
21     Section 40. Unexpended moneys transferred.
22     (a) The right of custody, possession, and control over all
23 items of income, funds, or deposits in any way pertaining to
24 the Scientific Surveys prior to the effective date of this
25 Section that are held or retained by, or under the jurisdiction

 

 

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1 of, the Department of Natural Resources is hereby transferred
2 to and vested in the Board of Trustees to be retained by the
3 University in its treasury, or deposited with a bank or savings
4 and loan association, all in accordance with the provisions of
5 paragraph (2) of Section 6d of the State Finance Act.
6     (b) All unexpended appropriations and balances and other
7 moneys available for use in connection with any of the
8 functions transferred to the Board of Trustees under this Act,
9 including but not limited to all unexpended grant proceeds
10 pertaining in any way to the Scientific Surveys, is hereby
11 transferred from the Department of Natural Resources to the
12 Board of Trustees for use by the Board of Trustees in the
13 exercise of those functions transferred. Unexpended balances
14 so transferred shall be retained by the University of Illinois
15 in its own treasury, or deposited with a bank or savings and
16 loan association, and expended only for the purpose for which
17 the appropriations or grants were originally made, all in
18 accordance with the provisions of paragraph (2) of Section 6d
19 of the State Finance Act.
 
20     Section 45. Funds retained and disbursed. The University of
21 Illinois may retain in its treasury any funds derived from
22 contracts, grants, fees, service charges, rentals, or other
23 sources, assessed or obtained for or arising out of the
24 operation of the Scientific Surveys. Those funds shall be
25 disbursed from time to time pursuant to the order and direction

 

 

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1 of the Board of Trustees, and in accordance with any contracts,
2 pledges, trusts, or agreements heretofore or hereafter made by
3 the Board of Trustees.
 
4     Section 50. Savings provisions.
5     (a) The rights, powers and duties retained in the
6 Department of Natural Resources and not transferred under this
7 Act shall remain vested in and shall be exercised by the
8 Department subject to the provisions of this Act.
9     (b) The transfer of rights, powers, and duties to the Board
10 of Trustees under this Act does not invalidate any previous
11 action taken by or in respect to any of its predecessor
12 departments or divisions or their officers or employees.
13 References to these predecessor departments or divisions or
14 their officers or employees in any document, contract,
15 agreement, or law shall, in appropriate contexts, be deemed to
16 refer to the successor department, agency, officer, or
17 employee. The Scientific Surveys shall continue to be eligible
18 to receive sponsored funding from the Department of Natural
19 Resources or any other State agency.
20     (c) The transfer of powers and duties to the Board of
21 Trustees under this Act does not affect any person's rights,
22 obligations, or duties, including any civil or criminal
23 penalties applicable thereto, arising out of those transferred
24 powers and duties.
25     (d) Whenever reports or notices are now required to be made

 

 

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1 or given or documents furnished or served by any person to or
2 upon the departments or divisions, officers, and employees
3 transferred by this Act, they shall be made, given, furnished,
4 or served in the same manner to or upon the successor
5 department or agency, officer, or employee.
6     (e) This Act does not affect any act done, ratified, or
7 cancelled, any right occurring or established, or any action or
8 proceeding had or commenced in an administrative, civil, or
9 criminal cause before this Act takes effect. Any such action or
10 proceeding still pending may be prosecuted and continued by the
11 Department of Natural Resources.
 
12     Section 55. Successor agency. For purposes of the Successor
13 Agency Act and Section 9b of the State Finance Act, the Board
14 of Trustees is the successor to the Department of Natural
15 Resources with respect to the rights, powers, duties, property,
16 functions, and other matters transferred by this Act.
 
17     Section 800. The Personnel Code is amended by changing
18 Section 4c as follows:
 
19     (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
20     Sec. 4c. General exemptions. The following positions in
21 State service shall be exempt from jurisdictions A, B, and C,
22 unless the jurisdictions shall be extended as provided in this
23 Act:

 

 

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1         (1) All officers elected by the people.
2         (2) All positions under the Lieutenant Governor,
3     Secretary of State, State Treasurer, State Comptroller,
4     State Board of Education, Clerk of the Supreme Court,
5     Attorney General, and State Board of Elections.
6         (3) Judges, and officers and employees of the courts,
7     and notaries public.
8         (4) All officers and employees of the Illinois General
9     Assembly, all employees of legislative commissions, all
10     officers and employees of the Illinois Legislative
11     Reference Bureau, the Legislative Research Unit, and the
12     Legislative Printing Unit.
13         (5) All positions in the Illinois National Guard and
14     Illinois State Guard, paid from federal funds or positions
15     in the State Military Service filled by enlistment and paid
16     from State funds.
17         (6) All employees of the Governor at the executive
18     mansion and on his immediate personal staff.
19         (7) Directors of Departments, the Adjutant General,
20     the Assistant Adjutant General, the Director of the
21     Illinois Emergency Management Agency, members of boards
22     and commissions, and all other positions appointed by the
23     Governor by and with the consent of the Senate.
24         (8) The presidents, other principal administrative
25     officers, and teaching, research and extension faculties
26     of Chicago State University, Eastern Illinois University,

 

 

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1     Governors State University, Illinois State University,
2     Northeastern Illinois University, Northern Illinois
3     University, Western Illinois University, the Illinois
4     Community College Board, Southern Illinois University,
5     Illinois Board of Higher Education, University of
6     Illinois, State Universities Civil Service System,
7     University Retirement System of Illinois, and the
8     administrative officers and scientific and technical staff
9     of the Illinois State Museum.
10         (9) All other employees except the presidents, other
11     principal administrative officers, and teaching, research
12     and extension faculties of the universities under the
13     jurisdiction of the Board of Regents and the colleges and
14     universities under the jurisdiction of the Board of
15     Governors of State Colleges and Universities, Illinois
16     Community College Board, Southern Illinois University,
17     Illinois Board of Higher Education, Board of Governors of
18     State Colleges and Universities, the Board of Regents,
19     University of Illinois, State Universities Civil Service
20     System, University Retirement System of Illinois, so long
21     as these are subject to the provisions of the State
22     Universities Civil Service Act.
23         (10) The State Police so long as they are subject to
24     the merit provisions of the State Police Act.
25         (11) (Blank). The scientific staff of the State
26     Scientific Surveys and the Waste Management and Research

 

 

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1     Center.
2         (12) The technical and engineering staffs of the
3     Department of Transportation, the Department of Nuclear
4     Safety, the Pollution Control Board, and the Illinois
5     Commerce Commission, and the technical and engineering
6     staff providing architectural and engineering services in
7     the Department of Central Management Services.
8         (13) All employees of the Illinois State Toll Highway
9     Authority.
10         (14) The Secretary of the Illinois Workers'
11     Compensation Commission.
12         (15) All persons who are appointed or employed by the
13     Director of Insurance under authority of Section 202 of the
14     Illinois Insurance Code to assist the Director of Insurance
15     in discharging his responsibilities relating to the
16     rehabilitation, liquidation, conservation, and dissolution
17     of companies that are subject to the jurisdiction of the
18     Illinois Insurance Code.
19         (16) All employees of the St. Louis Metropolitan Area
20     Airport Authority.
21         (17) All investment officers employed by the Illinois
22     State Board of Investment.
23         (18) Employees of the Illinois Young Adult
24     Conservation Corps program, administered by the Illinois
25     Department of Natural Resources, authorized grantee under
26     Title VIII of the Comprehensive Employment and Training Act

 

 

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1     of 1973, 29 USC 993.
2         (19) Seasonal employees of the Department of
3     Agriculture for the operation of the Illinois State Fair
4     and the DuQuoin State Fair, no one person receiving more
5     than 29 days of such employment in any calendar year.
6         (20) All "temporary" employees hired under the
7     Department of Natural Resources' Illinois Conservation
8     Service, a youth employment program that hires young people
9     to work in State parks for a period of one year or less.
10         (21) All hearing officers of the Human Rights
11     Commission.
12         (22) All employees of the Illinois Mathematics and
13     Science Academy.
14         (23) All employees of the Kankakee River Valley Area
15     Airport Authority.
16         (24) The commissioners and employees of the Executive
17     Ethics Commission.
18         (25) The Executive Inspectors General, including
19     special Executive Inspectors General, and employees of
20     each Office of an Executive Inspector General.
21         (26) The commissioners and employees of the
22     Legislative Ethics Commission.
23         (27) The Legislative Inspector General, including
24     special Legislative Inspectors General, and employees of
25     the Office of the Legislative Inspector General.
26         (28) The Auditor General's Inspector General and

 

 

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1     employees of the Office of the Auditor General's Inspector
2     General.
3 (Source: P.A. 93-617, eff. 12-9-03; 93-721, eff. 1-1-05;
4 93-1091, eff. 3-29-05.)
 
5     Section 805. The Department of Commerce and Economic
6 Opportunity Law of the Civil Administrative Code of Illinois is
7 amended by changing Section 605-515 as follows:
 
8     (20 ILCS 605/605-515)  (was 20 ILCS 605/46.13a)
9     Sec. 605-515. Environmental Regulatory Assistance Program.
10     (a) In this Section, except where the context clearly
11 requires otherwise, "small business stationary source" means a
12 business that is owned or operated by a person that employs 100
13 or fewer individuals; is a small business; is not a major
14 stationary source as defined in Titles I and III of the federal
15 1990 Clean Air Act Amendments; does not emit 50 tons or more
16 per year of any regulated pollutant (as defined under the
17 federal Clean Air Act); and emits less than 75 tons per year of
18 all regulated pollutants.
19     (b) The Department may:
20         (1) Provide access to technical and compliance
21     information for Illinois firms, including small and middle
22     market companies, to facilitate local business compliance
23     with the federal, State, and local environmental
24     regulations.

 

 

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1         (2) Coordinate and enter into cooperative agreements
2     with a State ombudsman office, which shall be established
3     in accordance with the federal 1990 Clean Air Act
4     Amendments to provide direct oversight to the program
5     established under that Act.
6         (3) Enter into contracts, cooperative agreements, and
7     financing agreements and establish and collect charges and
8     fees necessary or incidental to the performance of duties
9     and the execution of powers under this Section.
10         (4) Accept and expend, subject to appropriation,
11     gifts, grants, awards, funds, contributions, charges,
12     fees, and other financial or nonfinancial aid from federal,
13     State, and local governmental agencies, businesses,
14     educational agencies, not-for-profit organizations, and
15     other entities, for the purposes of this Section.
16         (5) Establish, staff, and administer programs and
17     services and adopt such rules and regulations necessary to
18     carry out the intent of this Section and Section 507,
19     "Small Business Stationary Source Technical and
20     Environmental Compliance Assistance Program", of the
21     federal 1990 Clean Air Act Amendments.
22     (c) The Department's environmental compliance programs and
23 services for businesses may include, but need not be limited
24 to, the following:
25         (1) Communication and outreach services to or on behalf
26     of individual companies, including collection and

 

 

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1     compilation of appropriate information on regulatory
2     compliance issues and control technologies, and
3     dissemination of that information through publications,
4     direct mailings, electronic communications, conferences,
5     workshops, one-on-one counseling, and other means of
6     technical assistance.
7         (2) Provision of referrals and access to technical
8     assistance, pollution prevention and facility audits, and
9     otherwise serving as an information clearinghouse on
10     pollution prevention through the coordination of the Waste
11     Management and Research Center, a division of the
12     University of Illinois Department of Natural Resources. In
13     addition, environmental and regulatory compliance issues
14     and techniques, which may include business rights and
15     responsibilities, applicable permitting and compliance
16     requirements, compliance methods and acceptable control
17     technologies, release detection, and other applicable
18     information may be provided.
19         (3) Coordination with and provision of administrative
20     and logistical support to the State Compliance Advisory
21     Panel.
22     (d) There is hereby created a special fund in the State
23 Treasury to be known as the Small Business Environmental
24 Assistance Fund. Monies received under subdivision (b)(4) of
25 this Section shall be deposited into the Fund.
26     Monies in the Small Business Environmental Assistance Fund

 

 

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1 may be used, subject to appropriation, only for the purposes
2 authorized by this Section.
3 (Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
 
4     Section 810. The Department of Natural Resources Act is
5 amended by changing Sections 1-25 and 20-5 as follows:
 
6     (20 ILCS 801/1-25)
7     Sec. 1-25. Powers of the scientific surveys and State
8 Museum. In addition to its other powers and duties, the
9 Department shall have the following powers and duties which
10 shall be performed by the scientific surveys and the State
11 Museum:
12         (1) To investigate and study the natural resources of
13     the State and to prepare printed reports and furnish
14     information fundamental to the conservation and
15     development of natural resources and for that purpose the
16     officers and employees thereof may, pursuant to rule
17     adopted by the Department, enter and cross all lands in
18     this State, doing no damage to private property.
19         (2) To cooperate with and advise departments having
20     administrative powers and duties relating to the natural
21     resources of the State, and to cooperate with similar
22     departments in other states and with the United States
23     Government.
24         (3) To conduct a natural history survey of the State,

 

 

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1     giving preference to subjects of educational and
2     economical importance.
3         (4) To publish, from time to time, reports covering the
4     entire field of zoology and botany of the State.
5         (5) To supply natural history specimens to the State
6     educational institutions and to the public schools.
7         (6) To investigate the entomology of the State.
8         (7) To investigate all insects dangerous or injurious
9     to agricultural or horticultural plants and crops,
10     livestock, to nursery trees and plants, to the products of
11     the truck farm and vegetable garden, to shade trees and
12     other ornamental vegetation of cities and villages, to the
13     products of the mills and the contents of warehouses, and
14     all insects injurious or dangerous to the public health.
15         (8) To conduct experiments with methods for the
16     prevention, arrest, abatement and control of insects
17     injurious to persons or property.
18         (9) To instruct the people, by lecture, demonstration
19     or bulletin, in the best methods of preserving and
20     protecting their property and health against injuries by
21     insects.
22         (10) To publish, from time to time, articles on the
23     injurious and beneficial insects of the State.
24         (11) To study the geological formation of the State
25     with reference to its resources of coal, ores, clays,
26     building stones, cement, materials suitable for use in the

 

 

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1     construction of roads, gas, mineral and artesian water and
2     other products.
3         (12) To publish, from time to time, topographical,
4     geological and other maps to illustrate resources of the
5     State.
6         (13) To publish, from time to time, bulletins giving a
7     general and detailed description of the geological and
8     mineral resources, including water resources, of the
9     State.
10         (14) To cooperate with United States federal agencies
11     in the preparation and completion of a contour topographic
12     map and the collection, recording and printing of water and
13     atmospheric resource data including stream flow
14     measurements and to collect facts and data concerning the
15     volumes and flow of underground, surface and atmospheric
16     waters of the State and to determine the mineral qualities
17     of water from different geological formations and surface
18     and atmospheric waters for the various sections of the
19     State.
20         (15) To publish, from time to time, the results of its
21     investigations of the mineral qualities, volumes and flow
22     of underground and surface waters of the State to the end
23     that the available water resources of the State may be
24     better known and to make mineral analyses of samples of
25     water from municipal or private sources giving no opinion
26     from those analyses of the hygienic, physiological or

 

 

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1     medicinal qualities of such waters.
2         (16) To act as the central data repository and research
3     coordinator for the State in matters related to water and
4     atmospheric resources. The State Water Survey Division of
5     the Department may monitor and evaluate all weather
6     modification operations in Illinois.
7         (17) To distribute, in its discretion, to the various
8     educational institutions of the State, specimens, samples,
9     and materials collected by it after the same have served
10     the purposes of the Department.
11         (3) (18) To cooperate with the Illinois State Academy
12     of Science and to publish a suitable number of the results
13     of the investigations and research in the field of natural
14     science to the end that the same may be distributed to the
15     interested public.
16         (4) (19) To maintain a State Museum, and to collect and
17     preserve objects of scientific and artistic value,
18     representing past and present fauna and flora, the life and
19     work of man, geological history, natural resources, and the
20     manufacturing and fine arts; to interpret for and educate
21     the public concerning the foregoing.
22         (5) (20) To cooperate with the Illinois State Museum
23     Society for the mutual benefit of the Museum and the
24     Society, with the Museum furnishing necessary space for the
25     Society to carry on its functions and keep its records,
26     and, upon the recommendation of the Museum Director with

 

 

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1     the approval of the Board of State Museum Advisors and the
2     Director of the Department, to enter into agreements with
3     the Illinois State Museum Society for the operation of a
4     sales counter and other concessions for the mutual benefit
5     of the Museum and the Society.
6         (6) (21) To accept grants of property and to hold
7     property to be administered as part of the State Museum for
8     the purpose of preservation, research of interpretation of
9     significant areas within the State for the purpose of
10     preserving, studying and interpreting archaeological and
11     natural phenomena.
12         (7) (22) To contribute to and support the operations,
13     programs and capital development of public museums in this
14     State. For the purposes of this Section, "public museum"
15     means a facility: (A) that is operating for the purposes of
16     promoting cultural development through special activities
17     or programs or through performing arts that are performed
18     in an indoor setting, and acquiring, conserving,
19     preserving, studying, interpreting, enhancing, and in
20     particular, organizing and continuously exhibiting
21     specimens, artifacts, articles, documents and other things
22     of historical, anthropological, archaeological,
23     industrial, scientific or artistic import, to the public
24     for its instruction and enjoyment, and (B) that either (i)
25     is operated by or located upon land owned by a unit of
26     local government or (ii) is a museum that has an annual

 

 

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1     attendance of at least 150,000 and offers educational
2     programs to school groups during school hours. A museum is
3     eligible to receive funds for capital development under
4     this subdivision (7) (22) only if it is operated by or
5     located upon land owned by a unit of local government or if
6     it is certified by a unit of local government in which it
7     is located as a public museum meeting the criteria of this
8     Section. Recipients of funds for capital development under
9     this subdivision (7) (22) shall match State funds with
10     local or private funding according to the following:
11             (a) for a public museum with an attendance of
12         300,000 or less during the preceding calendar year, no
13         match is required;
14             (b) for a public museum with an attendance of over
15         300,000 but less than 600,000 during the preceding
16         calendar year, the match must be at a ratio of $1 from
17         local and private funds for every $1 in State funds;
18         and
19             (c) for a public museum with an attendance of over
20         600,000 during the preceding calendar year, the match
21         must be at a ratio of $2 from local and private funds
22         for every $1 in State funds.
23         The Department shall formulate rules and regulations
24     relating to the allocation of any funds appropriated by the
25     General Assembly for the purpose of contributing to the
26     support of public museums in this State.

 

 

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1         (8) (23) To perform all other duties and assume all
2     obligations of the former Department of Energy and Natural
3     Resources and the former Department of Registration and
4     Education pertaining to the State Water Survey, the State
5     Geological Survey, the State Natural History Survey, and
6     the State Museum.
7         (24) To maintain all previously existing relationships
8     between the State Water Survey, State Geological Survey,
9     and State Natural History Survey and the public and private
10     colleges and universities in Illinois.
11         (25) To participate in federal geologic mapping
12     programs.
13 (Source: P.A. 92-606, eff. 6-28-02; 93-872, eff. 1-1-05.)
 
14     (20 ILCS 801/20-5)
15     Sec. 20-5. State Museum. The Department of Natural
16 Resources shall have within it the office a division consisting
17 of the Illinois State Museum, which shall be within the Office
18 of Scientific Research and Analysis. The Board of the Illinois
19 State Museum is retained as the governing board for the State
20 Museum.
21 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96; 90-490,
22 eff. 8-17-97.)
 
23     (20 ILCS 801/15-5 rep.)
24     (20 ILCS 801/15-10 rep.)

 

 

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1     Section 815. The Department of Natural Resources Act is
2 amended by repealing Sections 15-5 and 15-10.
 
3     Section 820. The Energy Conservation and Coal Development
4 Act is amended by changing Section 8 as follows:
 
5     (20 ILCS 1105/8)  (from Ch. 96 1/2, par. 7408)
6     Sec. 8. Illinois Coal Development Board.
7     (a) There shall be established as an advisory board to the
8 Department, the Illinois Coal Development Board, hereinafter
9 in this Section called the Board. The Board shall be composed
10 of the following voting members: the Director of the
11 Department, who shall be Chairman thereof; the Deputy Director
12 of the Bureau of Business Development within the Department of
13 Commerce and Economic Opportunity; the President of the
14 University of Illinois or his or her designee; the Director of
15 Natural Resources or that Director's designee; the Director of
16 the Office of Mines and Minerals within the Department of
17 Natural Resources; 4 members of the General Assembly (one each
18 appointed by the President of the Senate, the Senate Minority
19 Leader, the Speaker of the House, and the House Minority
20 Leader); and 8 persons appointed by the Governor, with the
21 advice and consent of the Senate, including representatives of
22 Illinois industries that are involved in the extraction,
23 utilization or transportation of Illinois coal, persons
24 representing financial or banking interests in the State, and

 

 

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1 persons experienced in international business and economic
2 development. These members shall be chosen from persons of
3 recognized ability and experience in their designated field.
4 The members appointed by the Governor shall serve for terms of
5 4 years, unless otherwise provided in this subsection. The
6 initial terms of the original appointees shall expire on July
7 1, 1985, except that the Governor shall designate 3 of the
8 original appointees to serve initial terms that shall expire on
9 July 1, 1983. The initial term of the member appointed by the
10 Governor to fill the office created after July 1, 1985 shall
11 expire on July 1, 1989. The initial terms of the members
12 appointed by the Governor to fill the offices created by this
13 amendatory Act of 1993 shall expire on July 1, 1995, and July
14 1, 1997, as determined by the Governor. A member appointed by a
15 Legislative Leader shall serve for the duration of the General
16 Assembly for which he or she is appointed, so long as the
17 member remains a member of that General Assembly.
18     The Board shall meet at least annually or at the call of
19 the Chairman. At any time the majority of the Board may
20 petition the Chairman for a meeting of the Board. Nine members
21 of the Board shall constitute a quorum. Members of the Board
22 shall be reimbursed for actual and necessary expenses incurred
23 while performing their duties as members of the Board from
24 funds appropriated to the Department for such purpose.
25     (b) The Board shall provide advice and make recommendations
26 on the following Department powers and duties:

 

 

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1         (1) To develop an annual agenda which may include but
2     is not limited to research and methodologies conducted for
3     the purpose of increasing the utilization of Illinois' coal
4     and other fossil fuel resources, with emphasis on high
5     sulfur coal, in the following areas: coal extraction,
6     preparation and characterization; coal technologies
7     (combustion, gasification, liquefaction, and related
8     processes); marketing; public awareness and education, as
9     those terms are used in the Illinois Coal Technology
10     Development Assistance Act; transportation; procurement of
11     sites and issuance of permits; and environmental impacts.
12         (2) To support and coordinate Illinois coal research,
13     and to approve projects consistent with the annual agenda
14     and budget for coal research and the purposes of this Act
15     and to approve the annual budget and operating plan for
16     administration of the Board.
17         (3) To promote the coordination of available research
18     information on the production, preparation, distribution
19     and uses of Illinois coal. The Board shall advise the
20     existing research institutions within the State on areas
21     where research may be necessary.
22         (4) To cooperate to the fullest extent possible with
23     State and federal agencies and departments, independent
24     organizations, and other interested groups, public and
25     private, for the purposes of promoting Illinois coal
26     resources.

 

 

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1         (5) To submit an annual report to the Governor and the
2     General Assembly outlining the progress and
3     accomplishments made in the year, providing an accounting
4     of funds received and disbursed, reviewing the status of
5     research contracts, and furnishing other relevant
6     information.
7         (6) To focus on existing coal research efforts in
8     carrying out its mission; to make use of existing research
9     facilities in Illinois or other institutions carrying out
10     research on Illinois coal; as far as practicable, to make
11     maximum use of the research facilities available at the
12     Illinois State Geological Survey of the University of
13     Illinois, the Coal Extraction and Utilization Research
14     Center, the Illinois Coal Development Park and
15     universities and colleges located within the State of
16     Illinois; and to create a consortium or center which
17     conducts, coordinates and supports coal research
18     activities in the State of Illinois. Programmatic
19     activities of such a consortium or center shall be subject
20     to approval by the Department and shall be consistent with
21     the purposes of this Act. The Department may authorize
22     expenditure of funds in support of the administrative and
23     programmatic operations of such a center or consortium
24     consistent with its statutory authority. Administrative
25     actions undertaken by or for such a center or consortium
26     shall be subject to the approval of the Department.

 

 

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1         (7) To make a reasonable attempt, before initiating any
2     research under this Act, to avoid duplication of effort and
3     expense by coordinating the research efforts among various
4     agencies, departments, universities or organizations, as
5     the case may be.
6         (8) To adopt, amend and repeal rules, regulations and
7     bylaws governing the Board's organization and conduct of
8     business.
9         (9) To authorize the expenditure of monies from the
10     Coal Technology Development Assistance Fund, the Public
11     Utility Fund and other funds in the State Treasury
12     appropriated to the Department, consistent with the
13     purposes of this Act.
14         (10) To seek, accept, and expend gifts or grants in any
15     form, from any public agency or from any other source. Such
16     gifts and grants may be held in trust by the Department and
17     expended at the direction of the Department and in the
18     exercise of the Department's powers and performance of the
19     Department's duties.
20         (11) To publish, from time to time, the results of
21     Illinois coal research projects funded through the
22     Department.
23         (12) To authorize loans from appropriations from the
24     Build Illinois Bond Purposes Fund, the Build Illinois Bond
25     Fund and the Illinois Industrial Coal Utilization Fund.
26         (13) To authorize expenditures of monies for coal

 

 

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1     development projects under the authority of Section 13 of
2     the General Obligation Bond Act.
3     (c) The Board shall also provide advice and make
4 recommendations on the following Department powers and duties:
5         (1) To create and maintain thorough, current and
6     accurate records on all markets for and actual uses of coal
7     mined in Illinois, and to make such records available to
8     the public upon request.
9         (2) To identify all current and anticipated future
10     technical, economic, institutional, market, environmental,
11     regulatory and other impediments to the utilization of
12     Illinois coal.
13         (3) To monitor and evaluate all proposals and plans of
14     public utilities related to compliance with the
15     requirements of Title IV of the federal Clean Air Act
16     Amendments of 1990, or with any other law which might
17     affect the use of Illinois coal, for the purposes of (i)
18     determining the effects of such proposals or plans on the
19     use of Illinois coal, and (ii) identifying alternative
20     plans or actions which would maintain or increase the use
21     of Illinois coal.
22         (4) To develop strategies and to propose policies to
23     promote environmentally responsible uses of Illinois coal
24     for meeting electric power supply requirements and for
25     other purposes.
26         (5) (Blank).

 

 

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1 (Source: P.A. 94-793, eff. 5-19-06.)
 
2     Section 825. The Clean Coal FutureGen for Illinois Act is
3 amended by changing Section 20 as follows:
 
4     (20 ILCS 1107/20)
5     (Section scheduled to be repealed on December 31, 2010)
6     Sec. 20. Title to sequestered gas. If the FutureGen Project
7 locates at either the Tuscola or Mattoon site in the State of
8 Illinois, then the FutureGen Alliance agrees that the Operator
9 shall transfer and convey and the State of Illinois shall
10 accept and receive, with no payment due from the State of
11 Illinois, all rights, title, and interest in and to and any
12 liabilities associated with the sequestered gas, including any
13 current or future environmental benefits, marketing claims,
14 tradable credits, emissions allocations or offsets (voluntary
15 or compliance based) associated therewith, upon such gas
16 reaching the status of post-injection, which shall be verified
17 by the Agency or other designated State of Illinois agency. The
18 Operator shall retain all rights, title, and interest in and to
19 and any liabilities associated with the pre-injection
20 sequestered gas. The Illinois State Geological Survey of the
21 University of Illinois Department of Natural Resources shall
22 monitor, measure, and verify the permanent status of
23 sequestered carbon dioxide and co-sequestered gases in which
24 the State has acquired the right, title, and interest under

 

 

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1 this Section.
2 (Source: P.A. 95-18, eff. 7-30-07.)
 
3     Section 830. The Hazardous Waste Technology Exchange
4 Service Act is amended by changing Sections 3, 4, and 6 as
5 follows:
 
6     (20 ILCS 1130/3)  (from Ch. 111 1/2, par. 6803)
7     Sec. 3. For the purposes of this Act, unless the context
8 otherwise requires:
9     (a) "Board" means the Board of Trustees of the University
10 of Illinois Natural Resources and Conservation of the
11 Department of Natural Resources.
12     (b) "Center" means the Waste Management and Research Center
13 of the University of Illinois Department of Natural Resources.
14     (c) "Department" means the Department of Natural
15 Resources.
16 (Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)
 
17     (20 ILCS 1130/4)  (from Ch. 111 1/2, par. 6804)
18     Sec. 4. Waste Management and Research Center. The As soon
19 as may be practicable after the effective date of this Act, the
20 Department shall establish a Hazardous Waste Research and
21 Information Center. On and after the effective date of this
22 amendatory Act of 1997, that Center shall be known as the Waste
23 Management and Research Center is transferred to the University

 

 

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1 of Illinois.
2 (Source: P.A. 90-490, eff. 8-17-97.)
 
3     (20 ILCS 1130/6)  (from Ch. 111 1/2, par. 6806)
4     Sec. 6. Appropriations. For the purpose of maintaining the
5 Waste Management and Research Center, paying the expenses and
6 providing the facilities and structures incident thereto,
7 appropriations shall be made to the University of Illinois
8 Department, payable from the Hazardous Waste Research Fund and
9 other funds in the State Treasury.
10 (Source: P.A. 90-490, eff. 8-17-97.)
 
11     (20 ILCS 1130/5 rep.)
12     Section 831. The Hazardous Waste Technology Exchange
13 Service Act is amended by repealing Section 5.
 
14     Section 835. The Green Governments Illinois Act is amended
15 by changing Section 15 as follows:
 
16     (20 ILCS 3954/15)
17     Sec. 15. Composition of the Council. The Council shall be
18 comprised of representatives from various State agencies and
19 State universities with specific fiscal, procurement,
20 educational, and environmental policy expertise. The
21 Lieutenant Governor is the chair of the Council. The director
22 or President, respectively, of each of the following State

 

 

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1 agencies and State universities, or his or her designee, is a
2 member of the Council: the Department of Commerce and Economic
3 Opportunity, the Environmental Protection Agency, the
4 University of Illinois; the Department of Natural Resources,
5 the Department of Natural Resources Waste Management and
6 Research Center, the Department of Central Management
7 Services, the Governor's Office of Management and Budget, the
8 Department of Agriculture, the Department of Transportation,
9 the Department of Corrections, the Department of Human
10 Services, the Department of Public Health, the State Board of
11 Education, the Board of Higher Education, and the Capital
12 Development Board. The Office of the Lieutenant Governor shall
13 provide administrative support to the Council. A minimum of one
14 staff position in the Office of the Lieutenant Governor shall
15 be dedicated to the Green Governments Illinois program.
16 (Source: P.A. 95-657, eff. 10-10-07.)
 
17     Section 840. The State Finance Act is amended by changing
18 Sections 6z-14 and 8.24 as follows:
 
19     (30 ILCS 105/6z-14)  (from Ch. 127, par. 142z-14)
20     Sec. 6z-14. The following items of income received by the
21 University of Illinois Department of Natural Resources from
22 patents and copyrights of the Illinois Scientific Surveys shall
23 be retained by the University of Illinois in its treasury
24 deposited into the General Revenue Fund: funds received in

 

 

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1 connection with the retention, receipt, assignment, license,
2 sale or transfer of interests in, rights to or income from
3 discoveries, inventions, patents or copyrightable works. All
4 interest earned shall be deposited in the University of
5 Illinois Income General Revenue Fund. The University Pursuant
6 to appropriation, the Department may use those moneys for the
7 purpose of appropriated for that purpose for patenting or
8 copyrighting discoveries, inventions or copyrightable works or
9 supporting other programs of the Illinois Scientific Surveys.
10 (Source: P.A. 94-91, eff. 7-1-05.)
 
11     (30 ILCS 105/8.24)  (from Ch. 127, par. 144.24)
12     Sec. 8.24. One hundred percent of the revenues received by
13 the University of Illinois Department of Natural Resources from
14 the sale of publications, bulletins, circulars, maps, reports,
15 catalogues and other data and information presented in
16 documents shall be deposited into the University of Illinois
17 Income Natural Resources Information Fund. Appropriations from
18 the Natural Resources Information Fund shall be made to the
19 University of Illinois Department for the (1) expenses
20 connected with the production of such documents and (2)
21 purchase of U.S. Geological Survey topographic maps and other
22 documents. The Board of Trustees of the University of Illinois
23 of Natural Resources and Conservation shall establish
24 guidelines governing fee schedules, conditions of sale, and
25 administration of the Natural Resources Information Fund.

 

 

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1 (Source: P.A. 89-445, eff. 2-7-96.)
 
2     Section 845. The Illinois Pension Code is amended by
3 changing Section 15-106 as follows:
 
4     (40 ILCS 5/15-106)  (from Ch. 108 1/2, par. 15-106)
5     Sec. 15-106. Employer. "Employer": The University of
6 Illinois, Southern Illinois University, Chicago State
7 University, Eastern Illinois University, Governors State
8 University, Illinois State University, Northeastern Illinois
9 University, Northern Illinois University, Western Illinois
10 University, the State Board of Higher Education, the Illinois
11 Mathematics and Science Academy, the State Geological Survey
12 Division of the Department of Natural Resources, the State
13 Natural History Survey Division of the Department of Natural
14 Resources, the State Water Survey Division of the Department of
15 Natural Resources, the Waste Management and Research Center of
16 the Department of Natural Resources, the University Civil
17 Service Merit Board, the Board of Trustees of the State
18 Universities Retirement System, the Illinois Community College
19 Board, community college boards, any association of community
20 college boards organized under Section 3-55 of the Public
21 Community College Act, the Board of Examiners established under
22 the Illinois Public Accounting Act, and, only during the period
23 for which employer contributions required under Section 15-155
24 are paid, the following organizations: the alumni

 

 

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1 associations, the foundations and the athletic associations
2 which are affiliated with the universities and colleges
3 included in this Section as employers.
4     A department as defined in Section 14-103.04 is an employer
5 for any person appointed by the Governor under the Civil
6 Administrative Code of Illinois who is a participating employee
7 as defined in Section 15-109. The Department of Central
8 Management Services is an employer with respect to persons
9 employed by the State Board of Higher Education in positions
10 with the Illinois Century Network as of June 30, 2004 who
11 remain continuously employed after that date by the Department
12 of Central Management Services in positions with the Illinois
13 Century Network, the Bureau of Communication and Computer
14 Services, or, if applicable, any successor bureau.
15     The cities of Champaign and Urbana shall be considered
16 employers, but only during the period for which contributions
17 are required to be made under subsection (b-1) of Section
18 15-155 and only with respect to individuals described in
19 subsection (h) of Section 15-107.
20 (Source: P.A. 95-369, eff. 8-23-07.)
 
21     Section 850. The Illinois Drainage Code is amended by
22 changing Section 12-19 as follows:
 
23     (70 ILCS 605/12-19)  (from Ch. 42, par. 12-19)
24     Sec. 12-19. Cooperation with other public agencies.

 

 

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1 Commissioners of a district shall cooperate in the exchange of
2 information pertaining to drainage with the commissioners of
3 other districts and with local, State and Federal governments,
4 officers and agencies operating in fields affecting or related
5 to drainage, including, but not restricted to, the Department
6 of Natural Resources, the State Water Resources and Flood
7 Control Board, the State Soil Conservation Advisory Board, the
8 State Geological Survey of the University of Illinois Division,
9 and the State Water Survey of the University of Illinois
10 Division.
11 (Source: P.A. 89-445, eff. 2-7-96.)
 
12     Section 855. The Solid Waste Disposal District Act is
13 amended by changing Section 24 as follows:
 
14     (70 ILCS 3105/24)  (from Ch. 85, par. 1674)
15     Sec. 24. After the effective date of this Act, no district,
16 person, firm or corporation, public or private, may establish a
17 new solid waste disposal site or facility without first
18 obtaining a permit from the Environmental Protection Agency
19 under the provisions of the Environmental Protection Act.
20 Application for such permit shall be on forms provided by the
21 Agency and shall be accompanied by such supporting documents as
22 the Agency shall require. Prior to issuing a permit to
23 establish a new solid waste disposal site or facility the
24 Agency shall review the application and supporting documents

 

 

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1 and make an on-site inspection of the proposed site. The Agency
2 may request the Chief of the Illinois State Geological Survey
3 of the University of Illinois to prepare a report concerning
4 the soil characteristics, water table, and other appropriate
5 physical characteristics of the proposed site. If the proposed
6 new solid waste disposal site or facility conforms to the
7 minimum standards provided in such Act, the Agency shall issue
8 a permit for the operation of such site or facility. If the
9 proposed new solid waste disposal site or facility does not
10 conform to the minimum standards provided by such Act, no
11 permit shall be issued and the solid waste disposal site or
12 facility shall not be constructed or operated.
13 (Source: P.A. 87-650.)
 
14     Section 860. The University of Illinois Exercise of
15 Functions and Duties Law of the Civil Administrative Code of
16 Illinois is amended by changing Section 3000-5 as follows:
 
17     (110 ILCS 355/3000-5)  (was 110 ILCS 355/62)
18     Sec. 3000-5. Retention of duties by University of Illinois.
19 Unless otherwise provided by law, the functions and duties
20 formerly exercised by the State entomologist, the State
21 laboratory of natural history, the State water survey, and the
22 State geological survey and vested in the Illinois Department
23 of Natural Resources and the functions and duties of the Waste
24 Management and Research Center and its Hazardous Materials

 

 

SB0970 Engrossed - 40 - LRB095 05812 CMK 25902 b

1 Laboratory as authorized by the Hazardous Waste Technology
2 Exchange Service Act shall continue to be exercised at the
3 University of Illinois in buildings and places provided by the
4 trustees of the University.
5 (Source: P.A. 90-490, eff. 8-17-97; 91-239, eff. 1-1-00.)
 
6     Section 865. The Well Abandonment Act is amended by
7 changing Section 1 as follows:
 
8     (225 ILCS 730/1)  (from Ch. 96 1/2, par. 5201)
9     Sec. 1. It is the duty of the permittee of any well drilled
10 or deepened for oil or gas, to file all geophysical logs and a
11 well drilling report of said well in the office of the State
12 Geological Survey Division of the University of Illinois
13 Department of Natural Resources within 90 days after drilling
14 ceases.
15     The well drilling report: (1) shall show the character and
16 depth of the formations passed through or encountered in the
17 drilling of the well, particularly showing the depth and
18 thickness of oil-bearing strata, and gas-bearing strata, (2)
19 shall show the position and thickness of coal beds and deposits
20 of mineral materials of economic value, and (3) shall give the
21 location of the hole.
22     The Department of Natural Resources shall supply to the
23 Geological Survey a copy of each permit, showing the location
24 of the well.

 

 

SB0970 Engrossed - 41 - LRB095 05812 CMK 25902 b

1 (Source: P.A. 89-445, eff. 2-7-96.)
 
2     Section 870. The Environmental Protection Act is amended by
3 changing Section 22.2 as follows:
 
4     (415 ILCS 5/22.2)  (from Ch. 111 1/2, par. 1022.2)
5     Sec. 22.2. Hazardous waste; fees; liability.
6     (a) There are hereby created within the State Treasury 2
7 special funds to be known respectively as the "Hazardous Waste
8 Fund" and the "Hazardous Waste Research Fund", constituted from
9 the fees collected pursuant to this Section. In addition to the
10 fees collected under this Section, the Hazardous Waste Fund
11 shall include other moneys made available from any source for
12 deposit into the Fund.
13     (b) (1) On and after January 1, 1989, the Agency shall
14     collect from the owner or operator of each of the following
15     sites a fee in the amount of:
16             (A) 9 cents per gallon or $18.18 per cubic yard, if
17         the hazardous waste disposal site is located off the
18         site where such waste was produced. The maximum amount
19         payable under this subdivision (A) with respect to the
20         hazardous waste generated by a single generator and
21         deposited in monofills is $30,000 per year. If, as a
22         result of the use of multiple monofills, waste fees in
23         excess of the maximum are assessed with respect to a
24         single waste generator, the generator may apply to the

 

 

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1         Agency for a credit.
2             (B) 9 cents or $18.18 per cubic yard, if the
3         hazardous waste disposal site is located on the site
4         where such waste was produced, provided however the
5         maximum amount of fees payable under this paragraph (B)
6         is $30,000 per year for each such hazardous waste
7         disposal site.
8             (C) If the hazardous waste disposal site is an
9         underground injection well, $6,000 per year if not more
10         than 10,000,000 gallons per year are injected, $15,000
11         per year if more than 10,000,000 gallons but not more
12         than 50,000,000 gallons per year are injected, and
13         $27,000 per year if more than 50,000,000 gallons per
14         year are injected.
15             (D) 3 cents per gallon or $6.06 per cubic yard of
16         hazardous waste received for treatment at a hazardous
17         waste treatment site, if the hazardous waste treatment
18         site is located off the site where such waste was
19         produced and if such hazardous waste treatment site is
20         owned, controlled and operated by a person other than
21         the generator of such waste. After treatment at such
22         hazardous waste treatment site, the waste shall not be
23         subject to any other fee imposed by this subsection
24         (b). For purposes of this subsection (b), the term
25         "treatment" is defined as in Section 3.505 but shall
26         not include recycling, reclamation or reuse.

 

 

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1         (2) The General Assembly shall annually appropriate to
2     the Fund such amounts as it deems necessary to fulfill the
3     purposes of this Act.
4         (3) The Agency shall have the authority to accept,
5     receive, and administer on behalf of the State any moneys
6     made available to the State from any source for the
7     purposes of the Hazardous Waste Fund set forth in
8     subsection (d) of this Section.
9         (4) Of the amount collected as fees provided for in
10     this Section, the Agency shall manage the use of such funds
11     to assure that sufficient funds are available for match
12     towards federal expenditures for response action at sites
13     which are listed on the National Priorities List; provided,
14     however, that this shall not apply to additional monies
15     appropriated to the Fund by the General Assembly, nor shall
16     it apply in the event that the Director finds that revenues
17     in the Hazardous Waste Fund must be used to address
18     conditions which create or may create an immediate danger
19     to the environment or public health or to the welfare of
20     the people of the State of Illinois.
21         (5) Notwithstanding the other provisions of this
22     subsection (b), sludge from a publicly-owned sewage works
23     generated in Illinois, coal mining wastes and refuse
24     generated in Illinois, bottom boiler ash, flyash and flue
25     gas desulphurization sludge from public utility electric
26     generating facilities located in Illinois, and bottom

 

 

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1     boiler ash and flyash from all incinerators which process
2     solely municipal waste shall not be subject to the fee.
3         (6) For the purposes of this subsection (b), "monofill"
4     means a facility, or a unit at a facility, that accepts
5     only wastes bearing the same USEPA hazardous waste
6     identification number, or compatible wastes as determined
7     by the Agency.
8     (c) The Agency shall establish procedures, not later than
9 January 1, 1984, relating to the collection of the fees
10 authorized by this Section. Such procedures shall include, but
11 not be limited to: (1) necessary records identifying the
12 quantities of hazardous waste received or disposed; (2) the
13 form and submission of reports to accompany the payment of fees
14 to the Agency; and (3) the time and manner of payment of fees
15 to the Agency, which payments shall be not more often than
16 quarterly.
17     (d) Beginning July 1, 1996, the Agency shall deposit all
18 such receipts in the State Treasury to the credit of the
19 Hazardous Waste Fund, except as provided in subsection (e) of
20 this Section. All monies in the Hazardous Waste Fund shall be
21 used by the Agency for the following purposes:
22         (1) Taking whatever preventive or corrective action is
23     necessary or appropriate, in circumstances certified by
24     the Director, including but not limited to removal or
25     remedial action whenever there is a release or substantial
26     threat of a release of a hazardous substance or pesticide;

 

 

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1     provided, the Agency shall expend no more than $1,000,000
2     on any single incident without appropriation by the General
3     Assembly.
4         (2) To meet any requirements which must be met by the
5     State in order to obtain federal funds pursuant to the
6     Comprehensive Environmental Response, Compensation and
7     Liability Act of 1980, (P.L. 96-510).
8         (3) In an amount up to 30% of the amount collected as
9     fees provided for in this Section, for use by the Agency to
10     conduct groundwater protection activities, including
11     providing grants to appropriate units of local government
12     which are addressing protection of underground waters
13     pursuant to the provisions of this Act.
14         (4) To fund the development and implementation of the
15     model pesticide collection program under Section 19.1 of
16     the Illinois Pesticide Act.
17         (5) To the extent the Agency has received and deposited
18     monies in the Fund other than fees collected under
19     subsection (b) of this Section, to pay for the cost of
20     Agency employees for services provided in reviewing the
21     performance of response actions pursuant to Title XVII of
22     this Act.
23         (6) In an amount up to 15% of the fees collected
24     annually under subsection (b) of this Section, for use by
25     the Agency for administration of the provisions of this
26     Section.

 

 

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1     (e) The Agency shall deposit 10% of all receipts collected
2 under subsection (b) of this Section, but not to exceed
3 $200,000 per year, in the State Treasury to the credit of the
4 Hazardous Waste Research Fund established by this Act. Pursuant
5 to appropriation, all monies in such Fund shall be used by the
6 University of Illinois Department of Natural Resources for the
7 purposes set forth in this subsection.
8     The University of Illinois Department of Natural Resources
9 may enter into contracts with business, industrial,
10 university, governmental or other qualified individuals or
11 organizations to assist in the research and development
12 intended to recycle, reduce the volume of, separate, detoxify
13 or reduce the hazardous properties of hazardous wastes in
14 Illinois. Monies in the Fund may also be used by the University
15 of Illinois Department of Natural Resources for technical
16 studies, monitoring activities, and educational and research
17 activities which are related to the protection of underground
18 waters. Monies in the Hazardous Waste Research Fund may be used
19 to administer the Illinois Health and Hazardous Substances
20 Registry Act. Monies in the Hazardous Waste Research Fund shall
21 not be used for any sanitary landfill or the acquisition or
22 construction of any facility. This does not preclude the
23 purchase of equipment for the purpose of public demonstration
24 projects. The University of Illinois Department of Natural
25 Resources shall adopt guidelines for cost sharing, selecting,
26 and administering projects under this subsection.

 

 

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1     (f) Notwithstanding any other provision or rule of law, and
2 subject only to the defenses set forth in subsection (j) of
3 this Section, the following persons shall be liable for all
4 costs of removal or remedial action incurred by the State of
5 Illinois or any unit of local government as a result of a
6 release or substantial threat of a release of a hazardous
7 substance or pesticide:
8         (1) the owner and operator of a facility or vessel from
9     which there is a release or substantial threat of release
10     of a hazardous substance or pesticide;
11         (2) any person who at the time of disposal, transport,
12     storage or treatment of a hazardous substance or pesticide
13     owned or operated the facility or vessel used for such
14     disposal, transport, treatment or storage from which there
15     was a release or substantial threat of a release of any
16     such hazardous substance or pesticide;
17         (3) any person who by contract, agreement, or otherwise
18     has arranged with another party or entity for transport,
19     storage, disposal or treatment of hazardous substances or
20     pesticides owned, controlled or possessed by such person at
21     a facility owned or operated by another party or entity
22     from which facility there is a release or substantial
23     threat of a release of such hazardous substances or
24     pesticides; and
25         (4) any person who accepts or accepted any hazardous
26     substances or pesticides for transport to disposal,

 

 

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1     storage or treatment facilities or sites from which there
2     is a release or a substantial threat of a release of a
3     hazardous substance or pesticide.
4     Any monies received by the State of Illinois pursuant to
5 this subsection (f) shall be deposited in the State Treasury to
6 the credit of the Hazardous Waste Fund.
7     In accordance with the other provisions of this Section,
8 costs of removal or remedial action incurred by a unit of local
9 government may be recovered in an action before the Board
10 brought by the unit of local government under subsection (i) of
11 this Section. Any monies so recovered shall be paid to the unit
12 of local government.
13     (g)(1) No indemnification, hold harmless, or similar
14     agreement or conveyance shall be effective to transfer from
15     the owner or operator of any vessel or facility or from any
16     person who may be liable for a release or substantial
17     threat of a release under this Section, to any other person
18     the liability imposed under this Section. Nothing in this
19     Section shall bar any agreement to insure, hold harmless or
20     indemnify a party to such agreements for any liability
21     under this Section.
22         (2) Nothing in this Section, including the provisions
23     of paragraph (g)(1) of this Section, shall bar a cause of
24     action that an owner or operator or any other person
25     subject to liability under this Section, or a guarantor,
26     has or would have, by reason of subrogation or otherwise

 

 

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1     against any person.
2     (h) For purposes of this Section:
3         (1) The term "facility" means:
4             (A) any building, structure, installation,
5         equipment, pipe or pipeline including but not limited
6         to any pipe into a sewer or publicly owned treatment
7         works, well, pit, pond, lagoon, impoundment, ditch,
8         landfill, storage container, motor vehicle, rolling
9         stock, or aircraft; or
10             (B) any site or area where a hazardous substance
11         has been deposited, stored, disposed of, placed, or
12         otherwise come to be located.
13         (2) The term "owner or operator" means:
14             (A) any person owning or operating a vessel or
15         facility;
16             (B) in the case of an abandoned facility, any
17         person owning or operating the abandoned facility or
18         any person who owned, operated, or otherwise
19         controlled activities at the abandoned facility
20         immediately prior to such abandonment;
21             (C) in the case of a land trust as defined in
22         Section 2 of the Land Trustee as Creditor Act, the
23         person owning the beneficial interest in the land
24         trust;
25             (D) in the case of a fiduciary (other than a land
26         trustee), the estate, trust estate, or other interest

 

 

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1         in property held in a fiduciary capacity, and not the
2         fiduciary. For the purposes of this Section,
3         "fiduciary" means a trustee, executor, administrator,
4         guardian, receiver, conservator or other person
5         holding a facility or vessel in a fiduciary capacity;
6             (E) in the case of a "financial institution",
7         meaning the Illinois Housing Development Authority and
8         that term as defined in Section 2 of the Illinois
9         Banking Act, that has acquired ownership, operation,
10         management, or control of a vessel or facility through
11         foreclosure or under the terms of a security interest
12         held by the financial institution or under the terms of
13         an extension of credit made by the financial
14         institution, the financial institution only if the
15         financial institution takes possession of the vessel
16         or facility and the financial institution exercises
17         actual, direct, and continual or recurrent managerial
18         control in the operation of the vessel or facility that
19         causes a release or substantial threat of a release of
20         a hazardous substance or pesticide resulting in
21         removal or remedial action;
22             (F) In the case of an owner of residential
23         property, the owner if the owner is a person other than
24         an individual, or if the owner is an individual who
25         owns more than 10 dwelling units in Illinois, or if the
26         owner, or an agent, representative, contractor, or

 

 

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1         employee of the owner, has caused, contributed to, or
2         allowed the release or threatened release of a
3         hazardous substance or pesticide. The term
4         "residential property" means single family residences
5         of one to 4 dwelling units, including accessory land,
6         buildings, or improvements incidental to those
7         dwellings that are exclusively used for the
8         residential use. For purposes of this subparagraph
9         (F), the term "individual" means a natural person, and
10         shall not include corporations, partnerships, trusts,
11         or other non-natural persons.
12             (G) In the case of any facility, title or control
13         of which was conveyed due to bankruptcy, foreclosure,
14         tax delinquency, abandonment, or similar means to a
15         unit of State or local government, any person who
16         owned, operated, or otherwise controlled activities at
17         the facility immediately beforehand.
18             (H) The term "owner or operator" does not include a
19         unit of State or local government which acquired
20         ownership or control through bankruptcy, tax
21         delinquency, abandonment, or other circumstances in
22         which the government acquires title by virtue of its
23         function as sovereign. The exclusion provided under
24         this paragraph shall not apply to any State or local
25         government which has caused or contributed to the
26         release or threatened release of a hazardous substance

 

 

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1         from the facility, and such a State or local government
2         shall be subject to the provisions of this Act in the
3         same manner and to the same extent, both procedurally
4         and substantively, as any nongovernmental entity,
5         including liability under Section 22.2(f).
6     (i) The costs and damages provided for in this Section may
7 be imposed by the Board in an action brought before the Board
8 in accordance with Title VIII of this Act, except that Section
9 33(c) of this Act shall not apply to any such action.
10     (j) (1) There shall be no liability under this Section for
11 a person otherwise liable who can establish by a preponderance
12 of the evidence that the release or substantial threat of
13 release of a hazardous substance and the damages resulting
14 therefrom were caused solely by:
15         (A) an act of God;
16         (B) an act of war;
17         (C) an act or omission of a third party other than an
18     employee or agent of the defendant, or other than one whose
19     act or omission occurs in connection with a contractual
20     relationship, existing directly or indirectly, with the
21     defendant (except where the sole contractual arrangement
22     arises from a published tariff and acceptance for carriage
23     by a common carrier by rail), if the defendant establishes
24     by a preponderance of the evidence that (i) he exercised
25     due care with respect to the hazardous substance concerned,
26     taking into consideration the characteristics of such

 

 

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1     hazardous substance, in light of all relevant facts and
2     circumstances, and (ii) he took precautions against
3     foreseeable acts or omissions of any such third party and
4     the consequences that could foreseeably result from such
5     acts or omissions; or
6         (D) any combination of the foregoing paragraphs.
7     (2) There shall be no liability under this Section for any
8 release permitted by State or federal law.
9     (3) There shall be no liability under this Section for
10 damages as a result of actions taken or omitted in the course
11 of rendering care, assistance, or advice in accordance with
12 this Section or the National Contingency Plan pursuant to the
13 Comprehensive Environmental Response, Compensation and
14 Liability Act of 1980 (P.L. 96-510) or at the direction of an
15 on-scene coordinator appointed under such plan, with respect to
16 an incident creating a danger to public health or welfare or
17 the environment as a result of any release of a hazardous
18 substance or a substantial threat thereof. This subsection
19 shall not preclude liability for damages as the result of gross
20 negligence or intentional misconduct on the part of such
21 person. For the purposes of the preceding sentence, reckless,
22 willful, or wanton misconduct shall constitute gross
23 negligence.
24     (4) There shall be no liability under this Section for any
25 person (including, but not limited to, an owner of residential
26 property who applies a pesticide to the residential property or

 

 

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1 who has another person apply a pesticide to the residential
2 property) for response costs or damages as the result of the
3 storage, handling and use, or recommendation for storage,
4 handling and use, of a pesticide consistent with:
5         (A) its directions for storage, handling and use as
6     stated in its label or labeling;
7         (B) its warnings and cautions as stated in its label or
8     labeling; and
9         (C) the uses for which it is registered under the
10     Federal Insecticide, Fungicide and Rodenticide Act and the
11     Illinois Pesticide Act.
12     (4.5) There shall be no liability under subdivision (f)(1)
13 of this Section for response costs or damages as the result of
14 a release of a pesticide from an agrichemical facility site if
15 the Agency has received notice from the Department of
16 Agriculture pursuant to Section 19.3 of the Illinois Pesticide
17 Act, the owner or operator of the agrichemical facility is
18 proceeding with a corrective action plan under the Agrichemical
19 Facility Response Action Program implemented under that
20 Section, and the Agency has provided a written endorsement of a
21 corrective action plan.
22     (4.6) There shall be no liability under subdivision (f)(1)
23 of this Section for response costs or damages as the result of
24 a substantial threat of a release of a pesticide from an
25 agrichemical facility site if the Agency has received notice
26 from the Department of Agriculture pursuant to Section 19.3 of

 

 

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1 the Illinois Pesticide Act and the owner or operator of the
2 agrichemical facility is proceeding with a corrective action
3 plan under the Agrichemical Facility Response Action Program
4 implemented under that Section.
5     (5) Nothing in this subsection (j) shall affect or modify
6 in any way the obligations or liability of any person under any
7 other provision of this Act or State or federal law, including
8 common law, for damages, injury, or loss resulting from a
9 release or substantial threat of a release of any hazardous
10 substance or for removal or remedial action or the costs of
11 removal or remedial action of such hazardous substance.
12     (6)(A) The term "contractual relationship", for the
13 purpose of this subsection includes, but is not limited to,
14 land contracts, deeds or other instruments transferring title
15 or possession, unless the real property on which the facility
16 concerned is located was acquired by the defendant after the
17 disposal or placement of the hazardous substance on, in, or at
18 the facility, and one or more of the circumstances described in
19 clause (i), (ii), or (iii) of this paragraph is also
20 established by the defendant by a preponderance of the
21 evidence:
22         (i) At the time the defendant acquired the facility the
23     defendant did not know and had no reason to know that any
24     hazardous substance which is the subject of the release or
25     threatened release was disposed of on, in or at the
26     facility.

 

 

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1         (ii) The defendant is a government entity which
2     acquired the facility by escheat, or through any other
3     involuntary transfer or acquisition, or through the
4     exercise of eminent domain authority by purchase or
5     condemnation.
6         (iii) The defendant acquired the facility by
7     inheritance or bequest.
8     In addition to establishing the foregoing, the defendant
9 must establish that he has satisfied the requirements of
10 subparagraph (C) of paragraph (l) of this subsection (j).
11     (B) To establish the defendant had no reason to know, as
12 provided in clause (i) of subparagraph (A) of this paragraph,
13 the defendant must have undertaken, at the time of acquisition,
14 all appropriate inquiry into the previous ownership and uses of
15 the property consistent with good commercial or customary
16 practice in an effort to minimize liability. For purposes of
17 the preceding sentence, the court shall take into account any
18 specialized knowledge or experience on the part of the
19 defendant, the relationship of the purchase price to the value
20 of the property if uncontaminated, commonly known or reasonably
21 ascertainable information about the property, the obviousness
22 of the presence or likely presence of contamination at the
23 property, and the ability to detect such contamination by
24 appropriate inspection.
25     (C) Nothing in this paragraph (6) or in subparagraph (C) of
26 paragraph (1) of this subsection shall diminish the liability

 

 

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1 of any previous owner or operator of such facility who would
2 otherwise be liable under this Act. Notwithstanding this
3 paragraph (6), if the defendant obtained actual knowledge of
4 the release or threatened release of a hazardous substance at
5 such facility when the defendant owned the real property and
6 then subsequently transferred ownership of the property to
7 another person without disclosing such knowledge, such
8 defendant shall be treated as liable under subsection (f) of
9 this Section and no defense under subparagraph (C) of paragraph
10 (1) of this subsection shall be available to such defendant.
11     (D) Nothing in this paragraph (6) shall affect the
12 liability under this Act of a defendant who, by any act or
13 omission, caused or contributed to the release or threatened
14 release of a hazardous substance which is the subject of the
15 action relating to the facility.
16     (E) (i) Except as provided in clause (ii) of this
17 subparagraph (E), a defendant who has acquired real property
18 shall have established a rebuttable presumption against all
19 State claims and a conclusive presumption against all private
20 party claims that the defendant has made all appropriate
21 inquiry within the meaning of subdivision (6)(B) of this
22 subsection (j) if the defendant proves that immediately prior
23 to or at the time of the acquisition:
24         (I) the defendant obtained a Phase I Environmental
25     Audit of the real property that meets or exceeds the
26     requirements of this subparagraph (E), and the Phase I

 

 

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1     Environmental Audit did not disclose the presence or likely
2     presence of a release or a substantial threat of a release
3     of a hazardous substance or pesticide at, on, to, or from
4     the real property; or
5         (II) the defendant obtained a Phase II Environmental
6     Audit of the real property that meets or exceeds the
7     requirements of this subparagraph (E), and the Phase II
8     Environmental Audit did not disclose the presence or likely
9     presence of a release or a substantial threat of a release
10     of a hazardous substance or pesticide at, on, to, or from
11     the real property.
12     (ii) No presumption shall be created under clause (i) of
13 this subparagraph (E), and a defendant shall be precluded from
14 demonstrating that the defendant has made all appropriate
15 inquiry within the meaning of subdivision (6)(B) of this
16 subsection (j), if:
17         (I) the defendant fails to obtain all Environmental
18     Audits required under this subparagraph (E) or any such
19     Environmental Audit fails to meet or exceed the
20     requirements of this subparagraph (E);
21         (II) a Phase I Environmental Audit discloses the
22     presence or likely presence of a release or a substantial
23     threat of a release of a hazardous substance or pesticide
24     at, on, to, or from real property, and the defendant fails
25     to obtain a Phase II Environmental Audit;
26         (III) a Phase II Environmental Audit discloses the

 

 

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1     presence or likely presence of a release or a substantial
2     threat of a release of a hazardous substance or pesticide
3     at, on, to, or from the real property;
4         (IV) the defendant fails to maintain a written
5     compilation and explanatory summary report of the
6     information reviewed in the course of each Environmental
7     Audit under this subparagraph (E); or
8         (V) there is any evidence of fraud, material
9     concealment, or material misrepresentation by the
10     defendant of environmental conditions or of related
11     information discovered during the course of an
12     Environmental Audit.
13     (iii) For purposes of this subparagraph (E), the term
14 "environmental professional" means an individual (other than a
15 practicing attorney) who, through academic training,
16 occupational experience, and reputation (such as engineers,
17 industrial hygienists, or geologists) can objectively conduct
18 one or more aspects of an Environmental Audit and who either:
19         (I) maintains at the time of the Environmental Audit
20     and for at least one year thereafter at least $500,000 of
21     environmental consultants' professional liability
22     insurance coverage issued by an insurance company licensed
23     to do business in Illinois; or
24         (II) is an Illinois licensed professional engineer or
25     an Illinois licensed industrial hygienist.
26     An environmental professional may employ persons who are

 

 

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1 not environmental professionals to assist in the preparation of
2 an Environmental Audit if such persons are under the direct
3 supervision and control of the environmental professional.
4     (iv) For purposes of this subparagraph (E), the term "real
5 property" means any interest in any parcel of land, and
6 includes, but is not limited to, buildings, fixtures, and
7 improvements.
8     (v) For purposes of this subparagraph (E), the term "Phase
9 I Environmental Audit" means an investigation of real property,
10 conducted by environmental professionals, to discover the
11 presence or likely presence of a release or a substantial
12 threat of a release of a hazardous substance or pesticide at,
13 on, to, or from real property, and whether a release or a
14 substantial threat of a release of a hazardous substance or
15 pesticide has occurred or may occur at, on, to, or from the
16 real property. Until such time as the United States
17 Environmental Protection Agency establishes standards for
18 making appropriate inquiry into the previous ownership and uses
19 of the facility pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii), the
20 investigation shall comply with the procedures of the American
21 Society for Testing and Materials, including the document known
22 as Standard E1527-97, entitled "Standard Procedures for
23 Environmental Site Assessment: Phase 1 Environmental Site
24 Assessment Process". Upon their adoption, the standards
25 promulgated by USEPA pursuant to 42 U.S.C. Sec. 9601(35)(B)(ii)
26 shall govern the performance of Phase I Environmental Audits.

 

 

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1 In addition to the above requirements, the Phase I
2 Environmental Audit shall include a review of recorded land
3 title records for the purpose of determining whether the real
4 property is subject to an environmental land use restriction
5 such as a No Further Remediation Letter, Environmental Land Use
6 Control, or Highway Authority Agreement.
7     (vi) For purposes of subparagraph (E), the term "Phase II
8 Environmental Audit" means an investigation of real property,
9 conducted by environmental professionals, subsequent to a
10 Phase I Environmental Audit. If the Phase I Environmental Audit
11 discloses the presence or likely presence of a hazardous
12 substance or a pesticide or a release or a substantial threat
13 of a release of a hazardous substance or pesticide:
14         (I) In or to soil, the defendant, as part of the Phase
15     II Environmental Audit, shall perform a series of soil
16     borings sufficient to determine whether there is a presence
17     or likely presence of a hazardous substance or pesticide
18     and whether there is or has been a release or a substantial
19     threat of a release of a hazardous substance or pesticide
20     at, on, to, or from the real property.
21         (II) In or to groundwater, the defendant, as part of
22     the Phase II Environmental Audit, shall: review
23     information regarding local geology, water well locations,
24     and locations of waters of the State as may be obtained
25     from State, federal, and local government records,
26     including but not limited to the United States Geological

 

 

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1     Survey Service, the State Geological Survey Division of the
2     University of Illinois Department of Natural Resources,
3     and the State Water Survey Division of the University of
4     Illinois Department of Natural Resources; and perform
5     groundwater monitoring sufficient to determine whether
6     there is a presence or likely presence of a hazardous
7     substance or pesticide, and whether there is or has been a
8     release or a substantial threat of a release of a hazardous
9     substance or pesticide at, on, to, or from the real
10     property.
11         (III) On or to media other than soil or groundwater,
12     the defendant, as part of the Phase II Environmental Audit,
13     shall perform an investigation sufficient to determine
14     whether there is a presence or likely presence of a
15     hazardous substance or pesticide, and whether there is or
16     has been a release or a substantial threat of a release of
17     a hazardous substance or pesticide at, on, to, or from the
18     real property.
19     (vii) The findings of each Environmental Audit prepared
20 under this subparagraph (E) shall be set forth in a written
21 audit report. Each audit report shall contain an affirmation by
22 the defendant and by each environmental professional who
23 prepared the Environmental Audit that the facts stated in the
24 report are true and are made under a penalty of perjury as
25 defined in Section 32-2 of the Criminal Code of 1961. It is
26 perjury for any person to sign an audit report that contains a

 

 

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1 false material statement that the person does not believe to be
2 true.
3     (viii) The Agency is not required to review, approve, or
4 certify the results of any Environmental Audit. The performance
5 of an Environmental Audit shall in no way entitle a defendant
6 to a presumption of Agency approval or certification of the
7 results of the Environmental Audit.
8     The presence or absence of a disclosure document prepared
9 under the Responsible Property Transfer Act of 1988 shall not
10 be a defense under this Act and shall not satisfy the
11 requirements of subdivision (6)(A) of this subsection (j).
12     (7) No person shall be liable under this Section for
13 response costs or damages as the result of a pesticide release
14 if the Agency has found that a pesticide release occurred based
15 on a Health Advisory issued by the U.S. Environmental
16 Protection Agency or an action level developed by the Agency,
17 unless the Agency notified the manufacturer of the pesticide
18 and provided an opportunity of not less than 30 days for the
19 manufacturer to comment on the technical and scientific
20 justification supporting the Health Advisory or action level.
21     (8) No person shall be liable under this Section for
22 response costs or damages as the result of a pesticide release
23 that occurs in the course of a farm pesticide collection
24 program operated under Section 19.1 of the Illinois Pesticide
25 Act, unless the release results from gross negligence or
26 intentional misconduct.

 

 

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1     (k) If any person who is liable for a release or
2 substantial threat of release of a hazardous substance or
3 pesticide fails without sufficient cause to provide removal or
4 remedial action upon or in accordance with a notice and request
5 by the Agency or upon or in accordance with any order of the
6 Board or any court, such person may be liable to the State for
7 punitive damages in an amount at least equal to, and not more
8 than 3 times, the amount of any costs incurred by the State of
9 Illinois as a result of such failure to take such removal or
10 remedial action. The punitive damages imposed by the Board
11 shall be in addition to any costs recovered from such person
12 pursuant to this Section and in addition to any other penalty
13 or relief provided by this Act or any other law.
14     Any monies received by the State pursuant to this
15 subsection (k) shall be deposited in the Hazardous Waste Fund.
16     (l) Beginning January 1, 1988, the Agency shall annually
17 collect a $250 fee for each Special Waste Hauling Permit
18 Application and, in addition, shall collect a fee of $20 for
19 each waste hauling vehicle identified in the annual permit
20 application and for each vehicle which is added to the permit
21 during the annual period. The Agency shall deposit 85% of such
22 fees collected under this subsection in the State Treasury to
23 the credit of the Hazardous Waste Research Fund; and shall
24 deposit the remaining 15% of such fees collected in the State
25 Treasury to the credit of the Environmental Protection Permit
26 and Inspection Fund. The majority of such receipts which are

 

 

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1 deposited in the Hazardous Waste Research Fund pursuant to this
2 subsection shall be used by the University of Illinois
3 Department of Natural Resources for activities which relate to
4 the protection of underground waters. Persons engaged in the
5 offsite transportation of hazardous waste by highway and
6 participating in the Uniform Program under subsection (l-5) are
7 not required to file a Special Waste Hauling Permit
8 Application.
9     (l-5) (1) As used in this subsection:
10         "Base state" means the state selected by a transporter
11     according to the procedures established under the Uniform
12     Program.
13         "Base state agreement" means an agreement between
14     participating states electing to register or permit
15     transporters.
16         "Participating state" means a state electing to
17     participate in the Uniform Program by entering into a base
18     state agreement.
19         "Transporter" means a person engaged in the offsite
20     transportation of hazardous waste by highway.
21         "Uniform application" means the uniform registration
22     and permit application form prescribed under the Uniform
23     Program.
24         "Uniform Program" means the Uniform State Hazardous
25     Materials Transportation Registration and Permit Program
26     established in the report submitted and amended pursuant to

 

 

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1     49 U.S.C. Section 5119(b), as implemented by the Agency
2     under this subsection.
3         "Vehicle" means any self-propelled motor vehicle,
4     except a truck tractor without a trailer, designed or used
5     for the transportation of hazardous waste subject to the
6     hazardous waste manifesting requirements of 40 U.S.C.
7     Section 6923(a)(3).
8         (2) Beginning July 1, 1998, the Agency shall implement
9     the Uniform State Hazardous Materials Transportation
10     Registration and Permit Program. On and after that date, no
11     person shall engage in the offsite transportation of
12     hazardous waste by highway without registering and
13     obtaining a permit under the Uniform Program. A transporter
14     with its principal place of business in Illinois shall
15     register with and obtain a permit from the Agency. A
16     transporter that designates another participating state in
17     the Uniform Program as its base state shall likewise
18     register with and obtain a permit from that state before
19     transporting hazardous waste in Illinois.
20         (3) Beginning July 1, 1998, the Agency shall annually
21     collect no more than a $250 processing and audit fee from
22     each transporter of hazardous waste who has filed a uniform
23     application and, in addition, the Agency shall annually
24     collect an apportioned vehicle registration fee of $20. The
25     amount of the apportioned vehicle registration fee shall be
26     calculated consistent with the procedures established

 

 

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1     under the Uniform Program.
2         All moneys received by the Agency from the collection
3     of fees pursuant to the Uniform Program shall be deposited
4     into the Hazardous Waste Transporter account hereby
5     created within the Environmental Protection Permit and
6     Inspection Fund. Moneys remaining in the account at the
7     close of the fiscal year shall not lapse to the General
8     Revenue Fund. The State Treasurer may receive money or
9     other assets from any source for deposit into the account.
10     The Agency may expend moneys from the account, upon
11     appropriation, for the implementation of the Uniform
12     Program, including the costs to the Agency of fee
13     collection and administration. In addition, funds not
14     expended for the implementation of the Uniform Program may
15     be utilized for emergency response and cleanup activities
16     related to hazardous waste transportation that are
17     initiated by the Agency.
18         Whenever the amount of the Hazardous Waste Transporter
19 account exceeds by 115% the amount annually appropriated by the
20 General Assembly, the Agency shall credit participating
21 transporters an amount, proportionately based on the amount of
22 the vehicle fee paid, equal to the excess in the account, and
23 shall determine the need to reduce the amount of the fee
24 charged transporters in the subsequent fiscal year by the
25 amount of the credit.
26         (4) (A) The Agency may propose and the Board shall

 

 

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1     adopt rules as necessary to implement and enforce the
2     Uniform Program. The Agency is authorized to enter into
3     agreements with other agencies of this State as necessary
4     to carry out administrative functions or enforcement of the
5     Uniform Program.
6         (B) The Agency shall recognize a Uniform Program
7     registration as valid for one year from the date a notice
8     of registration form is issued and a permit as valid for 3
9     years from the date issued or until a transporter fails to
10     renew its registration, whichever occurs first.
11         (C) The Agency may inspect or examine any motor vehicle
12     or facility operated by a transporter, including papers,
13     books, records, documents, or other materials to determine
14     if a transporter is complying with the Uniform Program. The
15     Agency may also conduct investigations and audits as
16     necessary to determine if a transporter is entitled to a
17     permit or to make suspension or revocation determinations
18     consistent with the standards of the Uniform Program.
19         (5) The Agency may enter into agreements with federal
20     agencies, national repositories, or other participating
21     states as necessary to allow for the reciprocal
22     registration and permitting of transporters pursuant to
23     the Uniform Program. The agreements may include procedures
24     for determining a base state, the collection and
25     distribution of registration fees, dispute resolution, the
26     exchange of information for reporting and enforcement

 

 

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1     purposes, and other provisions necessary to fully
2     implement, administer, and enforce the Uniform Program.
3     (m) (Blank).
4     (n) (Blank).
5 (Source: P.A. 92-574, eff. 6-26-02; 93-152, eff. 7-10-03.)
 
6     Section 875. The Illinois Pesticide Act is amended by
7 changing Section 19 as follows:
 
8     (415 ILCS 60/19)  (from Ch. 5, par. 819)
9     Sec. 19. Interagency Committee on Pesticides. The Director
10 is authorized to create an interagency committee on pesticides.
11 Its purpose is to study and advise on the use of pesticides on
12 State property. Also, its purpose is to advise any State agency
13 in connection with quarantine programs or the protection of the
14 public health and welfare, and to recommend needed legislation
15 concerning pesticides.
16     1. An interagency committee on pesticides shall consist of:
17 (1) the Director of the Department of Agriculture, (2) the
18 Director of Natural Resources, (3) the Director of the
19 Environmental Protection Agency, (4) the Director of the
20 Department of Public Health, (5) the Secretary of the
21 Department of Transportation, (6) the President Chief of the
22 University of Illinois or his or her designee representing the
23 State Natural History Survey and (7) the Dean of the College of
24 Agriculture, University of Illinois. Each member of the

 

 

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1 committee may designate some person in his department to serve
2 on the committee in his stead. Other State agencies may, at the
3 discretion of the Director, be asked to serve on the
4 interagency committee on pesticides. The Director of the
5 Department of Agriculture shall be chairman of this committee.
6     2. The interagency committee shall: (1) Review the current
7 status of the sales and use of pesticides within the State of
8 Illinois. (2) Review pesticide programs to be sponsored or
9 directed by a governmental agency. (3) Consider the problems
10 arising from pesticide use with particular emphasis on the
11 possible adverse effects on human health, livestock, crops,
12 fish, and wildlife, business, industry, agriculture, or the
13 general public. (4) Recommend legislation to the Governor, if
14 appropriate, which will prohibit the irresponsible use of
15 pesticides. (5) Review rules and regulations pertaining to the
16 regulation or prohibition of the sale, use or application of
17 pesticides and labeling of pesticides for approval prior to
18 promulgation and adoption. (6) Contact various experts and lay
19 groups, such as the Illinois Pesticide Control Committee, to
20 obtain their views and cooperation. (7) Advise on and approve
21 of all programs involving the use of pesticides on State owned
22 property, state controlled property, or administered by State
23 agencies. This shall not be construed to include research
24 programs, or the generally accepted and approved practices
25 essential to good farm and institutional management on the
26 premises of the various State facilities.

 

 

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1     3. Members of this committee shall receive no compensation
2 for their services as members of this committee other than that
3 provided by law for their respective positions with the State
4 of Illinois. All necessary expenses for travel of the committee
5 members shall be paid out of regular appropriations of their
6 respective agencies.
7     4. The committee shall meet at least once each quarter of
8 the calendar year, and may hold additional meetings upon the
9 call of the chairman. Four members shall constitute a quorum.
10     5. The committee shall make a detailed report of its
11 findings and recommendations to the Governor of Illinois prior
12 to each General Assembly Session.
13     6. The Interagency Committee on Pesticides shall, at a
14 minimum, annually, during the spring, conduct a statewide
15 public education campaign and agriculture chemical safety
16 campaign to inform the public about pesticide products, uses
17 and safe disposal techniques. A toll-free hot line number shall
18 be made available for the public to report misuse cases.
19     The Committee shall include in its educational program
20 information and advice about the effects of various pesticides
21 and application techniques upon the groundwater and drinking
22 water of the State.
23     7. The Interagency Committee on Pesticides shall conduct a
24 special study of the effects of chemigation and other
25 agricultural applications of pesticides upon the groundwater
26 of this State. The results of such study shall be reported to

 

 

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1 the General Assembly by March 1, 1989. The members of the
2 Committee may utilize the technical and clerical resources of
3 their respective departments and agencies as necessary or
4 useful in the conduct of the study.
5     8. In consultation with the Interagency Committee, the
6 Department shall develop, and the Interagency Committee shall
7 approve, procedures, methods, and guidelines for addressing
8 agrichemical pesticide contamination at agrichemical
9 facilities in Illinois. In developing those procedures,
10 methods, and guidelines, the following shall be considered and
11 addressed: (1) an evaluation and assessment of site conditions
12 and operational practices at agrichemical facilities where
13 agricultural pesticides are handled; (2) what constitutes
14 pesticide contamination; (3) cost effective procedures for
15 site assessments and technologies for remedial action; and (4)
16 achievement of adequate protection of public health and the
17 environment from such actual or potential hazards. In
18 consultation with the Interagency Committee, the Department
19 shall develop, and the Interagency Committee shall approve,
20 guidelines and recommendations regarding long term financial
21 resources which may be necessary to remediate pesticide
22 contamination at agrichemical facilities in Illinois. The
23 Department, in consultation with the Interagency Committee,
24 shall present a report on those guidelines and recommendations
25 to the Governor and the General Assembly on or before January
26 1, 1993. The Department and the Interagency Committee shall

 

 

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1 consult with the Illinois Pesticide Control Committee and other
2 appropriate parties during this development process.
3     9. As part of the consideration of cost effective
4 technologies pursuant to subsection 8 of this Section, the
5 Department may, upon request, provide a written authorization
6 to the owner or operator of an agrichemical facility for land
7 application of agrichemical contaminated soils at agronomic
8 rates. As used in this Section, "agrichemical" means pesticides
9 or commercial fertilizers, at an agrichemical facility, in
10 transit from an agrichemical facility to the field of
11 application, or at the field of application. The written
12 authorization may also provide for use of groundwater
13 contaminated by the release of an agrichemical, provided that
14 the groundwater is not also contaminated due to the release of
15 a petroleum product or hazardous substance other than an
16 agrichemical. The uses of agrichemical contaminated
17 groundwater authorized by the Department shall be limited to
18 supervised application or irrigation onto farmland and
19 blending as make-up water in the preparation of agrichemical
20 spray solutions that are to be applied to farmland. In either
21 case, the use of the agrichemical contaminated water shall not
22 cause (i) the total annual application amounts of a pesticide
23 to exceed the respective pesticide label application rate on
24 any authorized sites or (ii) the total annual application
25 amounts of a fertilizer to exceed the generally accepted annual
26 application rate on any authorized sites. All authorizations

 

 

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1 shall prescribe appropriate operational control practices to
2 protect the site of application and shall identify each site or
3 sites where land application or irrigation take place. Where
4 agrichemical contaminated groundwater is used on farmland, the
5 prescribed practices shall be designed to prevent off-site
6 runoff or conveyance through underground tile systems. The
7 Department shall periodically advise the Interagency Committee
8 regarding the issuance of such authorizations and the status of
9 compliance at the application sites.
10 (Source: P.A. 92-113, eff. 7-20-01.)
 
11     Section 880. The Toxic Pollution Prevention Act is amended
12 by changing Section 5 as follows:
 
13     (415 ILCS 85/5)  (from Ch. 111 1/2, par. 7955)
14     Sec. 5. Toxic Pollution Prevention Assistance Program.
15 There is hereby established a Toxic Pollution Prevention
16 Assistance Program at the Waste Management and Research Center.
17 The Center may establish cooperative programs with public and
18 private colleges and universities designed to augment the
19 implementation of this Section. The Center may establish fees,
20 tuition, or other financial charges for participation in the
21 Assistance Program. These monies shall be deposited in the
22 Toxic Pollution Prevention Fund established in Section 7 of
23 this Act. Through the Assistance Program, the Center:
24     (1) Shall provide general information about and actively

 

 

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1 publicize the advantages of and developments in toxic pollution
2 prevention.
3     (2) May establish courses, seminars, conferences and other
4 events, and reports, updates, guides and other publications and
5 other means of providing technical information for industries,
6 local governments and citizens concerning toxic pollution
7 prevention strategies, and may, as appropriate, work in
8 cooperation with the Agency.
9     (3) Shall engage in research on toxic pollution prevention
10 methods. Such research shall include assessments of the impact
11 of adopting toxic pollution prevention methods on the
12 environment, the public health, and worker exposure, and
13 assessments of the impact on profitability and employment
14 within affected industries.
15     (4) Shall provide on-site technical consulting, to the
16 extent practicable, to help facilities to identify
17 opportunities for toxic pollution prevention, and to develop
18 toxic pollution prevention plans. To be eligible for such
19 consulting, the owner or operator of a facility must agree to
20 allow information regarding the results of such consulting to
21 be shared with the public, provided that the identity of the
22 facility shall be made available only with its consent, and
23 trade secret information shall remain protected.
24     (5) May sponsor pilot projects in cooperation with the
25 Agency, or an institute of higher education to develop and
26 demonstrate innovative technologies and methods for toxic

 

 

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1 pollution prevention. The results of all such projects shall be
2 available for use by the public, but trade secret information
3 shall remain protected.
4     (6) May award grants for activities that further the
5 purposes of this Act, including but not limited to the
6 following:
7         (A) grants to not-for-profit organizations to
8     establish free or low-cost technical assistance or
9     educational programs to supplement the toxic pollution
10     prevention activities of the Center;
11         (B) grants to assist trade associations, business
12     organizations, labor organizations and educational
13     institutions in developing training materials to foster
14     toxic pollution prevention; and
15         (C) grants to assist industry, business organizations,
16     labor organizations, education institutions and industrial
17     hygienists to identify, evaluate and implement toxic
18     pollution prevention measures and alternatives through
19     audits, plans and programs.
20         The Center may establish criteria and terms for such
21     grants, including a requirement that a grantee provide
22     matching funds. Grant money awarded under this Section may
23     not be spent for capital improvements or equipment.
24         In determining whether to award a grant, the Center
25     Director shall consider at least the following:
26             (i) the potential of the project to prevent

 

 

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1         pollution;
2             (ii) the likelihood that the project will develop
3         techniques or processes that will minimize the
4         transfer of pollution from one environmental medium to
5         another;
6             (iii) the extent to which information to be
7         developed through the project will be applicable to
8         other persons in the State; and
9             (iv) the willingness of the grant applicant to
10         assist the Center in disseminating information about
11         the pollution prevention methods to be developed
12         through the project.
13     (7) Shall establish and operate a State information
14 clearinghouse that assembles, catalogues and disseminates
15 information about toxic pollution prevention and available
16 consultant services. Such clearinghouse shall include a
17 computer database containing information on managerial,
18 technical and operational approaches to achieving toxic
19 pollution prevention. The computer database must be maintained
20 on a system designed to enable businesses, governmental
21 agencies and the general public readily to obtain information
22 specific to production technologies, materials, operations and
23 products. A business shall not be required to submit to the
24 clearinghouse any information that is a trade secret.
25     (8) May contract with an established institution of higher
26 education to assist the Center in carrying out the provisions

 

 

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1 of this Section. The assistance provided by such an institution
2 may include, but need not be limited to:
3         (A) engineering field internships to assist industries
4     in identifying toxic pollution prevention opportunities;
5         (B) development of a toxic pollution prevention
6     curriculum for students and faculty; and
7         (C) applied toxic pollution prevention and recycling
8     research.
9     (9) Shall emphasize assistance to businesses that have
10 inadequate technical and financial resources to obtain
11 information and to assess and implement toxic pollution
12 prevention methods.
13     (10) Shall publish a biannual report on its toxic pollution
14 prevention activities, achievements, identified problems and
15 future goals.
16 (Source: P.A. 90-490, eff. 8-17-97.)
 
17     Section 885. The Illinois Low-Level Radioactive Waste
18 Management Act is amended by changing Section 3 as follows:
 
19     (420 ILCS 20/3)  (from Ch. 111 1/2, par. 241-3)
20     Sec. 3. Definitions.
21     (a) "Broker" means any person who takes possession of
22 low-level waste for purposes of consolidation and shipment.
23     (b) "Compact" means the Central Midwest Interstate
24 Low-Level Radioactive Waste Compact.

 

 

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1     (c) "Decommissioning" means the measures taken at the end
2 of a facility's operating life to assure the continued
3 protection of the public from any residual radioactivity or
4 other potential hazards present at a facility.
5     (d) "Department" means the Department of Nuclear Safety.
6     (e) "Director" means the Director of the Department of
7 Nuclear Safety.
8     (f) "Disposal" means the isolation of waste from the
9 biosphere in a permanent facility designed for that purpose.
10     (g) "Facility" means a parcel of land or site, together
11 with structures, equipment and improvements on or appurtenant
12 to the land or site, which is used or is being developed for
13 the treatment, storage or disposal of low-level radioactive
14 waste. "Facility" does not include lands, sites, structures or
15 equipment used by a generator in the generation of low-level
16 radioactive wastes.
17     (h) "Generator" means any person who produces or possesses
18 low-level radioactive waste in the course of or incident to
19 manufacturing, power generation, processing, medical diagnosis
20 and treatment, research, education or other activity.
21     (i) "Hazardous waste" means a waste, or combination of
22 wastes, which because of its quantity, concentration, or
23 physical, chemical, or infectious characteristics may cause or
24 significantly contribute to an increase in mortality or an
25 increase in serious, irreversible, or incapacitating
26 reversible, illness; or pose a substantial present or potential

 

 

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1 hazard to human health or the environment when improperly
2 treated, stored, transported, or disposed of, or otherwise
3 managed, and which has been identified, by characteristics or
4 listing, as hazardous under Section 3001 of the Resource
5 Conservation and Recovery Act of 1976, P.L. 94-580 or under
6 regulations of the Pollution Control Board.
7     (j) "High-level radioactive waste" means:
8         (1) the highly radioactive material resulting from the
9     reprocessing of spent nuclear fuel including liquid waste
10     produced directly in reprocessing and any solid material
11     derived from the liquid waste that contains fission
12     products in sufficient concentrations; and
13         (2) the highly radioactive material that the Nuclear
14     Regulatory Commission has determined, on the effective
15     date of this Amendatory Act of 1988, to be high-level
16     radioactive waste requiring permanent isolation.
17     (k) "Low-level radioactive waste" or "waste" means
18 radioactive waste not classified as high-level radioactive
19 waste, transuranic waste, spent nuclear fuel or byproduct
20 material as defined in Section 11e(2) of the Atomic Energy Act
21 of 1954 (42 U.S.C. 2014).
22     (l) "Mixed waste" means waste that is both "hazardous
23 waste" and "low-level radioactive waste" as defined in this
24 Act.
25     (m) "Person" means an individual, corporation, business
26 enterprise or other legal entity either public or private and

 

 

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1 any legal successor, representative, agent or agency of that
2 individual, corporation, business enterprise, or legal entity.
3     (n) "Post-closure care" means the continued monitoring of
4 the regional disposal facility after closure for the purposes
5 of detecting a need for maintenance, ensuring environmental
6 safety, and determining compliance with applicable licensure
7 and regulatory requirements, and includes undertaking any
8 remedial actions necessary to protect public health and the
9 environment from radioactive releases from the facility.
10     (o) "Regional disposal facility" or "disposal facility"
11 means the facility established by the State of Illinois under
12 this Act for disposal away from the point of generation of
13 waste generated in the region of the Compact.
14     (p) "Release" means any spilling, leaking, pumping,
15 pouring, emitting, emptying, discharging, injecting, escaping,
16 leaching, dumping or disposing into the environment of
17 low-level radioactive waste.
18     (q) "Remedial action" means those actions taken in the
19 event of a release or threatened release of low-level
20 radioactive waste into the environment, to prevent or minimize
21 the release of the waste so that it does not migrate to cause
22 substantial danger to present or future public health or
23 welfare or the environment. The term includes, but is not
24 limited to, actions at the location of the release such as
25 storage, confinement, perimeter protection using dikes,
26 trenches or ditches, clay cover, neutralization, cleanup of

 

 

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1 released low-level radioactive wastes, recycling or reuse,
2 dredging or excavations, repair or replacement of leaking
3 containers, collection of leachate and runoff, onsite
4 treatment or incineration, provision of alternative water
5 supplies and any monitoring reasonably required to assure that
6 these actions protect human health and the environment.
7     (q-5) "Scientific Surveys" means, collectively, the State
8 Geological Survey Division and the State Water Survey Division
9 of the University of Illinois Department of Natural Resources.
10     (r) "Shallow land burial" means a land disposal facility in
11 which radioactive waste is disposed of in or within the upper
12 30 meters of the earth's surface. However, this definition
13 shall not include an enclosed, engineered, structurally
14 re-enforced and solidified bunker that extends below the
15 earth's surface.
16     (s) "Storage" means the temporary holding of waste for
17 treatment or disposal for a period determined by Department
18 regulations.
19     (t) "Treatment" means any method, technique or process,
20 including storage for radioactive decay, designed to change the
21 physical, chemical or biological characteristics or
22 composition of any waste in order to render the waste safer for
23 transport, storage or disposal, amenable to recovery,
24 convertible to another usable material or reduced in volume.
25     (u) "Waste management" means the storage, transportation,
26 treatment or disposal of waste.

 

 

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1 (Source: P.A. 90-29, eff. 6-26-97.)
 
2     Section 890. The Wildlife Code is amended by changing
3 Section 1.3 as follows:
 
4     (520 ILCS 5/1.3)
5     Sec. 1.3. The Department shall have the authority to manage
6 wildlife and regulate the taking of wildlife for the purposes
7 of providing public recreation and controlling wildlife
8 populations. The seasons during which wildlife may be taken,
9 the methods for taking wildlife, the daily bag limits, and the
10 possession limits shall be established by the Department
11 through administrative rule, but the Department may not provide
12 for a longer season, a larger daily bag limit, or a larger
13 possession limit than is provided in this Code.
14     The Natural Resources Advisory Board may also recommend to
15 the Director of Natural Resources any reductions or increases
16 of seasons and bag or possession limits or the closure of any
17 season when research and inventory data indicate the need for
18 such changes.
19     The Department is authorized to establish seasons for the
20 taking of migratory birds within the dates established annually
21 by Proclamation of the Secretary, United States Department of
22 the Interior, known as the "Rules and Regulations for Migratory
23 Bird Hunting" (50 CFR 20 et seq.). When the biological balance
24 of any species is affected, the Director may with the approval

 

 

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1 of the Conservation Advisory Board, by administrative rule,
2 lengthen, shorten or close the season during which waterfowl
3 may be taken within the federal limitations prescribed. If the
4 Department does not adopt an administrative rule establishing a
5 season, then the season shall be as set forth in the current
6 "Rules and Regulations for Migratory Bird Hunting". The
7 Department shall advise the public by reasonable means of the
8 dates of the various seasons.
9     The Department may utilize the services of the staff of the
10 Illinois State Natural History Survey of the University of
11 Illinois Division in the Department of Natural Resources for
12 making investigations as to the population status of the
13 various species of wildlife.
14     Employees or agents of any state, federal, or municipal
15 government or body when engaged in investigational work and law
16 enforcement, may with prior approval of the Director, be
17 exempted from the provisions of this Act.
18 (Source: P.A. 89-445, eff. 2-7-96; 90-435, eff. 1-1-98.)
 
19     Section 895. The Rivers, Lakes, and Streams Act is amended
20 by changing Section 18g as follows:
 
21     (615 ILCS 5/18g)  (from Ch. 19, par. 65g)
22     Sec. 18g. (a) The Department of Natural Resources shall
23 define the 100-year floodway within metropolitan counties
24 located in the area served by the Northeastern Illinois

 

 

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1 Planning Commission, except for the part of that area which is
2 within any city with a population exceeding 1,500,000. In
3 defining the 100-year floodway, the Department may rely on
4 published data and maps which have been prepared by the
5 Department itself, by the Illinois State Water Survey of the
6 University of Illinois, by federal, State or local governmental
7 agencies, or by any other private or public source which it
8 determines to be reliable and appropriate.
9     (b) The Department may issue permits for construction that
10 is an appropriate use of the designated 100-year floodway in
11 such metropolitan counties. If a unit of local government has
12 adopted an ordinance that establishes minimum standards for
13 appropriate use of the floodway that are at least as
14 restrictive as those established by the Department and this
15 Section, and the unit of local government has adequate staff to
16 enforce the ordinance, the Department may delegate to such unit
17 of local government the authority to issue permits for
18 construction that is an appropriate use of the floodway within
19 its jurisdiction.
20     (c) No person may engage in any new construction within the
21 100-year floodway as designated by the Department in such
22 metropolitan counties, unless such construction relates to an
23 appropriate use of the floodway. No unit of local government,
24 including home rule units, in such metropolitan counties may
25 issue any building permit or other apparent authorization for
26 any prohibited new construction within the 100-year floodway.

 

 

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1     (d) For the purpose of this Section:
2         (1) "100-year floodway" means the channel and that
3     portion of the floodplain adjacent to a stream or
4     watercourse which is needed to store and convey the
5     100-year frequency flood discharge without a significant
6     increase in stage.
7         (2) "New construction" means the construction of any
8     new building or structure or the placement of any fill or
9     material, but does not include the repair, remodeling or
10     maintenance of buildings or structures in existence on the
11     effective date of this amendatory Act of 1987.
12         (3) "Appropriate use of the floodway" means use for (i)
13     flood control structures, dikes, dams and other public
14     works or private improvements relating to the control of
15     drainage, flooding or erosion; (ii) structures or
16     facilities relating to the use of, or requiring access to,
17     the water or shoreline, including pumping and treatment
18     facilities, and facilities and improvements related to
19     recreational boats, commercial shipping and other
20     functionally dependent uses; and (iii) any other purposes
21     which the Department determines, by rule, to be appropriate
22     to the 100-year floodway, and the periodic inundation of
23     which will not pose a danger to the general health and
24     welfare of the user, or require the expenditure of public
25     funds or the provision of public resources or disaster
26     relief services. Appropriate use of the floodway does not

 

 

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1     include construction of a new building unless such building
2     is a garage, storage shed or other structure accessory to
3     an existing building and such building does not increase
4     flood stages.
5         (4) "Person" includes natural persons, corporations,
6     associations, governmental entities, and all other legal
7     entities.
8     (e) All construction undertaken on a designated 100-year
9 floodway in such metropolitan counties, without benefit of a
10 permit from the Department of Natural Resources, shall be
11 unlawful and the Department or any affected unit of local
12 government may, in its discretion, proceed to obtain injunctive
13 relief for abatement or removal of such unlawful construction.
14 The Department, in its discretion, may make such investigations
15 and conduct such hearings and adopt such rules as may be
16 necessary to the performance of its duties under this Section.
17     (f) This Section does not limit any power granted to the
18 Department by any other Act.
19     (g) This Section does not limit the concurrent exercise by
20 any unit of local government of any power consistent herewith.
21     (h) This Section does not apply to any city with a
22 population exceeding 1,500,000.
23 (Source: P.A. 89-445, eff. 2-7-96.)
 
24     Section 998. The State Finance Act is amended by adding
25 Section 8o as follows:
 

 

 

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1     (30 ILCS 105/8o new)
2     Sec. 8o. Transfer to the University of Illinois Income
3 Fund. Immediately upon the effective date of this Section, the
4 State Comptroller shall direct and the State Treasurer shall
5 transfer $15,826,499 from the General Revenue Fund to the
6 University of Illinois Income Fund.
 
7     Section 999. Effective date. This Section and Section 998
8 take effect on July 1, 2008. The other provisions of this Act
9 take effect on July 1, 2008 or on the date the transfer from
10 the General Revenue Fund to the University of Illinois Income
11 Fund is made as required by Section 8o of the State Finance
12 Act, whichever is later.