Illinois General Assembly - Bill Status for HB0033

Amends the Rivers, Lakes, and Streams Act. Requires the Department of Natural Resources to adopt emergency rules under the Illinois Administrative Procedure Act to require the immediate marking of each dam the Department considers dangerous with signs and buoys warning the public of the hazards posed by the dam. Provides that the rules shall require that warning signs be placed on the dam and that warning signs and buoys be placed in the areas above and below the dam and on the banks immediately adjacent to the dam. Provides that the Department shall examine each dam located on navigable waterways to determine the hazards that exist at each dam and that the Department shall require the establishment of specifications for signs and devices that provide warnings and information for persons using the waterways. Provides that, after conducting the required examination and within 90 days after the effective date of the amendatory Act, the Department shall issue an order, with completion dates, specifying additional warning signs and safety devices to be required at the dam. Provides that the Department shall require each dam to have localized safety plans to maximize the safety of persons visiting the dam. Provides that the Department may designate enforceable exclusion zones around dams. Provides that any low-head dam owned by the State shall be maintained so that any scour hole formed at the dam shall not exceed 2 feet below the riverbed in depth. Effective immediately.

Deletes everything after the enacting clause. Amends the Rivers, Lakes, and Streams Act. Requires the Department of Natural Resources to establish specifications, by administrative rule, for signs and devices that provide warnings of the presence of dams for persons using the public waters of the State. Provides that, for dams located in public waters (instead of navigable waterways) and that are not subject to federal regulation regarding safety standards, the Department of Natural Resources shall examine each dam to determine hazards that may exist at each dam. Removes the requirement that the Department issue an order, with completion dates, specifying additional warning signs and safety devices required at each dam within 90 days after the effective date of the amendatory Act and after the completion of the Department's examination to determine hazards that may exist at the dam. Provides that violation of the exclusion zones around a dam is a Class A misdemeanor. Provides that, except for willful and wanton misconduct, neither the Department of Natural Resources nor employees or agents of the Department shall be liable for damages, injuries, or deaths occurring at dams located in public waters by reason of the Department's regulations. Removes language requiring low-head State-owned dams to be maintained so that any scour hole formed at the dam shall not exceed 2 feet below the riverbed in depth. Makes other changes. Effective immediately.

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