SB2509 101ST GENERAL ASSEMBLY

LRB101 16080 AWJ 65443 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2509

Introduced 1/28/2020, by Sen. Paul Schimpf

SYNOPSIS AS INTRODUCED:

70 ILCS 1801/90
70 ILCS 1805/39 new
70 ILCS 1807/90
70 ILCS 1810/11	from Ch. 19, par. 162
70 ILCS 1815/29	from Ch. 19, par. 829
70 ILCS 1820/14	from Ch. 19, par. 864
70 ILCS 1825/13	from Ch. 19, par. 263
70 ILCS 1830/30	from Ch. 19, par. 530
70 ILCS 1831/90
70 ILCS 1832/90
70 ILCS 1835/18	from Ch. 19, par. 718
70 ILCS 1837/90
70 ILCS 1845/14	from Ch. 19, par. 364
70 ILCS 1850/14	from Ch. 19, par. 414
70 ILCS 1855/17	from Ch. 19, par. 467
70 ILCS 1860/14	from Ch. 19, par. 297
70 ILCS 1863/20
70 ILCS 1865/14	from Ch. 19, par. 192
70 ILCS 1870/39 new

Amends 19 Acts relating to port districts. Provides that if a port district has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the port district shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the port district paid when the permit was issued to have the permit reissued.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Alexander-Cairo Port District Act is amended by changing Section 90 as follows:

(70 ILCS 1801/90)

Sec. 90. Permits.

(a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and other data and information as may be required, to the Port District and receiving a permit. Any person, corporation, company, municipality, or other agency, that does any of the things prohibited in this Section, without securing a permit as provided in this Section, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District nor shall any such permit be required in the case of any project to be undertaken by any city, village, or incorporated town in the District, or any combination thereof, for which a permit is required from a governmental agency other than the District before the municipality can proceed with such project. And in such event, such municipalities, or any of them, shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to the application before the other governmental agency. Any structure, fill, or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this Section, is a purpresture and may be abated as such at the expense of the person, corporation, company, municipality, or other agency responsible. If in the discretion of the Port District it is decided that the structure, fill, or deposit may remain, the Port District may fix any rule, regulation, requirement, restrictions, or rentals or require and compel any changes, modifications, and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 96-1015, eff. 7-8-10.)

Section 10. The Havana Regional Port District Act is amended by adding Section 39 as follows:

(70 ILCS 1805/39 new)

Sec. 39. State permit fees. Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

Section 15. The Heart of Illinois Regional Port District Act is amended by changing Section 90 as follows:

(70 ILCS 1807/90)

Sec. 90. Permits.

(a) It shall be unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, in, or within 40 feet of any navigable waters within the district without first submitting the plans, profiles, and specifications for it, and any other data and information that may be required, to the district and receiving a permit. Any person, corporation, company, city or municipality, or other agency that does any of the things prohibited in this Section without securing a permit is guilty of a Class A misdemeanor. Any structure, fill, or deposit erected or made in any of the public bodies of water within the district in violation of the provisions of this Section is declared to be a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality, or other agency responsible for it. If in the discretion of the district it is decided that the structure, fill, or deposit may remain, the district may fix any rule, regulation, requirement, restrictions, or rentals or require and compel any changes, modifications, and repairs that shall be necessary to protect the interest of the district.

(b) Notwithstanding any other provision of law, if the district has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the district shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the district paid when the permit was issued to have the permit reissued.

(Source: P.A. 93-262, eff. 7-22-03.)

Section 20. The Illinois International Port District Act is amended by changing Section 11 as follows:

(70 ILCS 1810/11) (from Ch. 19, par. 162)

Sec. 11. (a) It shall be unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, in, or within forty (40) feet of any navigable waters within the said Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this section, is hereby declared to be purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality or other agency responsible therefor, or if, in the discretion of said Port District it be decided that said structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2331.)

Section 25. The Illinois Valley Regional Port District Act is amended by changing Section 29 as follows:

(70 ILCS 1815/29) (from Ch. 19, par. 829)

Sec. 29. (a) It is not lawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, in or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor and such other data and information as may be required, to the Port District and receiving a permit therefor. Any person, corporation, company, city or municipality or other agency, which shall do any of the things prohibited by this Section, without securing a permit shall be guilty of a Class A misdemeanor. Any structure, fill or deposit erected or made in any public body of water within the Port District, in violation of this Section, is declared to be a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality or other agency responsible therefor, or if the Port District decides that such structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions or rentals, or require and compel all changes, modifications and repairs which are deemed necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2830.)

Section 30. The Jackson-Union Counties Regional Port District Act is amended by changing Section 14 as follows:

(70 ILCS 1820/14) (from Ch. 19, par. 864)

Sec. 14. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District nor shall any such permit be required in the case of any project to be undertaken by any city, village or incorporated town in the District, or any combination thereof, for which a permit is required from a governmental agency other than the District before the municipality can proceed with such project. And in such event, such municipalities, or any of them, shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to such application before such other governmental agency. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this Section, is a purpresture and may be abated as such at the expense of the person, corporation, company, municipality or other agency responsible therefore, or if, in the discretion of the Port District, it is decided that such structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 79-1475.)

Section 35. The Joliet Regional Port District Act is amended by changing Section 13 as follows:

(70 ILCS 1825/13) (from Ch. 19, par. 263)

Sec. 13. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 50 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the erection of the Port District. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this section, is a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality or other agency responsible therefor, or if, in the discretion of the Port District, it is decided that said structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2333.)

Section 40. The Kaskaskia Regional Port District Act is amended by changing Section 30 as follows:

(70 ILCS 1830/30) (from Ch. 19, par. 530)

Sec. 30. (a) It is not lawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, in, or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor. Any person, corporation, company, city or municipality or other agency, which shall do any of the things prohibited by this Section, without securing a permit therefor shall be guilty of a Class A misdemeanor. Any structure, fill or deposit erected or made in any public body of water within the Port District, in violation of this Section is declared to be purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality or other agency responsible therefor, or if, the Port District decides that such structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions or rentals, or require and compel all changes, modifications and repairs which are deemed necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2338.)

Section 45. The Massac-Metropolis Port District Act is amended by changing Section 90 as follows:

(70 ILCS 1831/90)

Sec. 90. Permits. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District nor shall any such permit be required in the case of any project to be undertaken by any city, village, or incorporated town in the District, or any combination thereof, for which a permit is required from a governmental agency other than the District before the municipality can proceed with such project. And in such event, such municipalities, or any of them, shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to such application before such other governmental agency. Any structure, fill, or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this Section, is a purpresture and may be abated as such at the expense of the person, corporation, company, municipality, or other agency responsible therefor, or if, in the discretion of the Port District, it is decided that such structure, fill, or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications, and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 96-838, eff. 12-16-09.)

Section 50. The Mid-America Intermodal Authority Port District Act is amended by changing Section 90 as follows:

(70 ILCS 1832/90)

Sec. 90. Permits.

(a) It shall be unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, in, or within 40 feet of any navigable waters within the district without first submitting the plans, profiles, and specifications for it, and any other data and information that may be required, to the district and receiving a permit. Any person, corporation, company, city or municipality, or other agency that does any of the things prohibited in this Section without securing a permit is guilty of a Class A misdemeanor. Any structure, fill, or deposit erected or made in any of the public bodies of water within the district in violation of the provisions of this Section is declared to be a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality, or other agency responsible for it. If in the discretion of the district it is decided that the structure, fill, or deposit may remain, the district may fix any rule, regulation, requirement, restrictions, or rentals or require and compel any changes, modifications, and repairs that shall be necessary to protect the interest of the district.

(b) Notwithstanding any other provision of law, if the district has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the district shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the district paid when the permit was issued to have the permit reissued.

(Source: P.A. 90-636, eff. 7-24-98.)

Section 55. The Mt. Carmel Regional Port District Act is amended by changing Section 18 as follows:

(70 ILCS 1835/18) (from Ch. 19, par. 718)

Sec. 18. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor. However, no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District nor shall any such permit be required in the case of any project to be undertaken by any city, village or incorporated town in the District, or any combination thereof, for which a permit is required from a governmental agency other than District before the municipality can proceed with such project. In such event, the municipalities, or any of them, shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to such application before such other governmental agency. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this Section, is a purpresture and may be abated as such at the expense of the person, corporation, company, municipality or other agency responsible therefor, or if in the discretion of the Port District, it is decided that such structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2339.)

Section 60. The Ottawa Port District Act is amended by changing Section 90 as follows:

(70 ILCS 1837/90)

Sec. 90. Permits.

(a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 40 feet of any navigable waters within the District without first submitting the plans, profiles, and specifications therefor, and any other data and information as may be required, to the District and receiving a permit therefor; and any person, corporation, company, municipality, or other agency, that does any of the things prohibited in this Section, without securing a permit, shall be guilty of a Class A misdemeanor. No permit shall be required in the case of any project for which a permit has been secured from a proper governmental agency before the creation of the District nor shall any permit be required in the case of any project to be undertaken by one or more municipalities located within the District for which a permit is required from a governmental agency other than the District before the municipality can proceed with the project. And in such event, one or more of the municipalities shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to the application before the other governmental agency. Any structure, fill, or deposit erected or made in any of the public bodies of water within the District, in violation of the provisions of this Section, is a purpresture and may be abated as such at the expense of the person, corporation, company, municipality, or other agency responsible therefor, or if, in the discretion of the District, it is decided that the structure, fill, or deposit may remain, the District may fix such rule, regulation, requirement, restriction, or rental or require and compel any change, modification, or repair as shall be necessary to protect the interest of the District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 96-1522, eff. 2-14-11.)

Section 65. The Seneca Regional Port District Act is amended by changing Section 14 as follows:

(70 ILCS 1845/14) (from Ch. 19, par. 364)

Sec. 14. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District nor shall any such permit be required in the case of any project to be undertaken by any city, village or incorporated town in the District, or any combination thereof, for which a permit is required from a governmental agency other than the District before the municipality can proceed with such project. And in such event, such municipalities, or any of them, shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to such application before such other governmental agency. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this section is a purpresture and may be abated as such at the expense of the person, corporation, company, municipality or other agency responsible therefor, or if in the discretion of the Port District, it is decided that such structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2335.)

Section 70. The Shawneetown Regional Port District Act is amended by changing Section 14 as follows:

(70 ILCS 1850/14) (from Ch. 19, par. 414)

Sec. 14. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District nor shall any such permit be required in the case of any project to be undertaken by any city, village or incorporated town in the District, or any combination thereof, for which a permit is required from a governmental agency other than the District before the municipality can proceed with such project. And in such event, such municipalities, or any of them, shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to such application before such other governmental agency. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this section, is a purpresture and may be abated as such at the expense of the person, corporation, company, municipality or other agency responsible therefor, or if, in the discretion of the Port District, it is decided that such structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2336.)

Section 75. The Southwest Regional Port District Act is amended by changing Section 17 as follows:

(70 ILCS 1855/17) (from Ch. 19, par. 467)

Sec. 17. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District nor shall any such permit be required in the case of any project to be undertaken by any city, village or incorporated town in the District, or any combination thereof, for which a permit is required from a governmental agency other than the District before the municipality can proceed with such project. And in such event, such municipalities, or any of them, shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to such application before such other governmental agency. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this Section, is a purpresture and may be abated as such at the expense of the person, corporation, company, municipality or other agency responsible therefor, or if in the discretion of the Port District, it is decided that such structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2337.)

Section 80. The America's Central Port District Act is amended by changing Section 14 as follows:

(70 ILCS 1860/14) (from Ch. 19, par. 297)

Sec. 14. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, or within 50 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District nor shall any such permit be required in the case of any project to be undertaken by the City of Venice, the City of Madison, the City of Granite City or the Bi-State Development Agency, or any combination thereof, for which a permit is required from a governmental agency other than the District before the city or such agency can proceed with such project. And in such event, such cities and such agency, or any of them, shall give at least 10 days' notice to the District of the application for a permit for any such project from a governmental agency other than the District so that the District may be present and represent its position relative to such application before such other governmental agency. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this section, is a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality or other agency responsible therefor, or if, in the discretion of the Port District, it is decided that said structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2334.)

Section 85. The Upper Mississippi River International Port District Act is amended by changing Section 20 as follows:

(70 ILCS 1863/20)

Sec. 20. Permits.

(a) It shall be unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, in, or within 40 feet of any navigable waters within the District without first submitting the plans, profiles, and specifications for it, and any other data and information that may be required, to the District and receiving a permit. Any person, corporation, company, municipality, or other agency that does any of the things prohibited in this Section without securing a permit is guilty of a Class A misdemeanor. Any structure, fill, or deposit erected or made in any of the public bodies of water within the District in violation of the provisions of this Section is declared to be a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality, or other agency responsible for it. If in the discretion of the District it is decided that the structure, fill, or deposit may remain, the District may fix any rule, regulation, requirement, restrictions, or rentals or require and compel any changes, modifications, and repairs that shall be necessary to protect the interest of the District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 96-636, eff. 8-24-09.)

Section 90. The Waukegan Port District Act is amended by changing Section 14 as follows:

(70 ILCS 1865/14) (from Ch. 19, par. 192)

Sec. 14. (a) It is unlawful to make any fill or deposit of rock, earth, sand, or other material, or any refuse matter of any kind or description, or build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, bridge, or other structure over, under, in, or within 40 feet of any navigable waters within the Port District without first submitting the plans, profiles, and specifications therefor, and such other data and information as may be required, to the Port District and receiving a permit therefor; and any person, corporation, company, city or municipality or other agency, which shall do any of the things above prohibited, without securing a permit therefor as above provided, shall be guilty of a Class A misdemeanor; provided, however, that no such permit shall be required in the case of any project for which a permit shall have been secured from a proper governmental agency prior to the creation of the Port District. Any structure, fill or deposit erected or made in any of the public bodies of water within the Port District, in violation of the provisions of this section, is a purpresture and may be abated as such at the expense of the person, corporation, company, city, municipality or other agency responsible therefor, or if, in the discretion of the Port District, it is decided that said structure, fill or deposit may remain, the Port District may fix such rule, regulation, requirement, restrictions, or rentals or require and compel such changes, modifications and repairs as shall be necessary to protect the interest of the Port District.

(b) Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.

(Source: P.A. 77-2332.)

Section 95. The White County Port District Act is amended by adding Section 39 as follows:

(70 ILCS 1870/39 new)

Sec. 39. State permit fees. Notwithstanding any other provision of law, if the District has obtained a permit granted by the State and did not perform the activity that was allowed by the permit, the District shall pay, in the 12 months next following the month the permit expired, no more than half of the permit fee the District paid when the permit was issued to have the permit reissued.