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90_HB2072
415 ILCS 5/42 from Ch. 111 1/2, par. 1042
415 ILCS 5/Title XVIII heading new
415 ILCS 5/60 new
415 ILCS 5/60.1 new
415 ILCS 5/60.2 new
415 ILCS 5/60.3 new
415 ILCS 5/60.4 new
415 ILCS 5/60.5 new
415 ILCS 5/60.6 new
415 ILCS 5/60.7 new
415 ILCS 5/60.8 new
415 ILCS 5/60.9 new
Amends the Environmental Protection Act to create a title
that establishes erosion or sediment, and storm water control
requirements for land development projects that may cause
erosion or sediment movement or change the intensity of storm
water run-off. Sets forth permit requirements for specified
development projects. Requires the Pollution Control Board to
adopt standards for erosion and sediment control and for
stormwater design analysis. Preempts home rule units from
regulating in a manner inconsistent with the new Title.
LRB9001975DPmg
LRB9001975DPmg
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 42 and adding Title XVIII.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended by
6 changing Section 42 and adding Title XVIII as follows:
7 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
8 Sec. 42. Civil penalties.
9 (a) Except as provided in this Section, any person that
10 violates any provision of this Title or any regulation
11 adopted by the Board, or any permit or term or condition
12 thereof, or that violates any determination or order of the
13 Board pursuant to this Title, shall be liable to a civil
14 penalty of not to exceed $50,000 for the violation and an
15 additional civil penalty of not to exceed $10,000 for each
16 day during which the violation continues; such penalties may,
17 upon order of the Board or a court of competent jurisdiction,
18 be made payable to the Environmental Protection Trust Fund,
19 to be used in accordance with the provisions of the
20 Environmental Protection Trust Fund Act.
21 (b) Notwithstanding the provisions of subsection (a) of
22 this Section:
23 (1) Any person that violates Section 12(f) of this
24 Title or any NPDES permit or term or condition thereof,
25 or any filing requirement, regulation or order relating
26 to the NPDES permit program, shall be liable to a civil
27 penalty of not to exceed $10,000 per day of violation.
28 (2) Any person that violates Section 12(g) of this
29 Title or any UIC permit or term or condition thereof, or
30 any filing requirement, regulation or order relating to
31 the State UIC program for all wells, except Class II
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1 wells as defined by the Board under this Title, shall be
2 liable to a civil penalty not to exceed $2,500 per day of
3 violation; provided, however, that any person who commits
4 such violations relating to the State UIC program for
5 Class II wells, as defined by the Board under this Title,
6 shall be liable to a civil penalty of not to exceed
7 $10,000 for the violation and an additional civil penalty
8 of not to exceed $1,000 for each day during which the
9 violation continues.
10 (3) Any person that violates Sections 21(f), 21(g),
11 21(h) or 21(i) of this Title, or any RCRA permit or term
12 or condition thereof, or any filing requirement,
13 regulation or order relating to the State RCRA program,
14 shall be liable to a civil penalty of not to exceed
15 $25,000 per day of violation.
16 (3-5) A person who violates a provision of Section
17 60.4, 60.5, or 60.6 shall be liable for a civil penalty
18 not to exceed $500 for the violation and for each day
19 that the violation continues.
20 (4) In an administrative citation action under
21 Section 31.1 of this Title, any person found to have
22 violated any provision of subsection (o) or (p) of
23 Section 21 of this Title shall pay a civil penalty of
24 $500 for each violation of each such provision, plus any
25 hearing costs incurred by the Board and the Agency. Such
26 penalties shall be made payable to the Environmental
27 Protection Trust Fund, to be used in accordance with the
28 provisions of the Environmental Protection Trust Fund
29 Title; except that if a unit of local government issued
30 the administrative citation, 50% of the civil penalty
31 shall be payable to the unit of local government.
32 (5) Any person who violates subsection 6 of Section
33 39.5 of this Title or any CAAPP permit, or term or
34 condition thereof, or any fee or filing requirement, or
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1 any duty to allow or carry out inspection, entry or
2 monitoring activities, or any regulation or order
3 relating to the CAAPP shall be liable for a civil penalty
4 not to exceed $10,000 per day of violation.
5 (b.5) In lieu of the penalties set forth in subsections
6 (a) and (b) of this Section, any person who fails to file, in
7 a timely manner, a toxic chemical release form with the
8 Agency pursuant to Section 25b-2 of this Title shall be
9 liable for a civil penalty of $100 per day for each day the
10 form is late. This daily penalty shall begin accruing on the
11 thirty-first day after the date that the person receives the
12 warning notice issued by the Agency pursuant to Section 25b-6
13 of this Title; and the penalty shall be paid to the Agency.
14 The daily accrual of penalties shall cease as of January 1 of
15 the following year. All penalties collected by the Agency
16 pursuant to this subsection shall be deposited into the
17 Environmental Protection Permit and Inspection Fund.
18 (c) Any person that violates this Title, or an order or
19 other determination of the Board under this Title and causes
20 the death of fish or aquatic life shall, in addition to the
21 other penalties provided by this Title, be liable to pay to
22 the State an additional sum for the reasonable value of the
23 fish or aquatic life destroyed. Any money so recovered shall
24 be placed in the Wildlife and Fish Fund in the State
25 Treasury.
26 (d) The penalties provided for in this Section may be
27 recovered in a civil action.
28 (e) The State's Attorney of the county in which the
29 violation occurred, or the Attorney General, may, at the
30 request of the Agency or on his own motion, institute a civil
31 action for an injunction to restrain violations of this
32 Title.
33 (f) The State's Attorney of the county in which the
34 violation occurred, or the Attorney General, shall bring such
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1 actions in the name of the people of the State of Illinois.
2 Without limiting any other authority which may exist for the
3 awarding of attorney's fees and costs, the Board or a court
4 of competent jurisdiction may award costs and reasonable
5 attorney's fees, including the reasonable costs of expert
6 witnesses and consultants, to the State's Attorney or the
7 Attorney General in a case where he has prevailed against a
8 person who has committed a wilful, knowing or repeated
9 violation of the Title.
10 Any funds collected under this subsection (f) in which
11 the Attorney General has prevailed shall be deposited in the
12 Hazardous Waste Fund created in Section 22.2 of this Title.
13 Any funds collected under this subsection (f) in which a
14 State's Attorney has prevailed shall be retained by the
15 county in which he serves.
16 (g) All final orders imposing civil penalties pursuant
17 to this Section shall prescribe the time for payment of such
18 penalties. If any such penalty is not paid within the time
19 prescribed, interest on such penalty at the rate set forth in
20 subsection (a) of Section 1003 of the Illinois Income Tax
21 Title, shall be paid for the period from the date payment is
22 due until the date payment is received. However, if the time
23 for payment is stayed during the pendency of an appeal,
24 interest shall not accrue during such stay.
25 (h) In determining the appropriate civil penalty to be
26 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
27 (b)(5) of this Section, the Board is authorized to consider
28 any matters of record in mitigation or aggravation of
29 penalty, including but not limited to the following factors:
30 (1) the duration and gravity of the violation;
31 (2) the presence or absence of due diligence on the
32 part of the violator in attempting to comply with
33 requirements of this Title and regulations thereunder or
34 to secure relief therefrom as provided by this Title;
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1 (3) any economic benefits accrued by the violator
2 because of delay in compliance with requirements;
3 (4) the amount of monetary penalty which will serve
4 to deter further violations by the violator and to
5 otherwise aid in enhancing voluntary compliance with this
6 Title by the violator and other persons similarly subject
7 to the Title; and
8 (5) the number, proximity in time, and gravity of
9 previously adjudicated violations of this Title by the
10 violator.
11 (Source: P.A. 87-1213; 88-45; 88-106; 88-496; 88-670, eff.
12 12-2-94.)
13 (415 ILCS 5/Title XVIII heading new)
14 TITLE XVIII: EROSION, SEDIMENT, AND
15 STORMWATER CONTROL PROGRAM
16 (415 ILCS 5/60 new)
17 Sec. 60. Definitions. As used in this Title:
18 "Adjacent land" means an area within 50 feet of a project
19 area, including all surrounding land that may either impact a
20 site or be impacted by potential soil erosion, sediment, or
21 storm water run-off as a result of land disturbing activities
22 conducted on a site.
23 "Areas of concentrated flow or bodies of water" means
24 areas where water may accumulate or flow, whether continual
25 or as the result of a storm event, including but not limited
26 to lakes, rivers, streams, creeks, ponds, ditches, swales,
27 gullies, ravines, street gutters, and other similar features.
28 "Control measure" means a proposed temporary or permanent
29 measure to be installed to control erosion, sediment, and
30 storm water run-off from a project area.
31 "Development" means the division of a parcel of land into
32 2 or more parcels; the construction, reconstruction,
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1 conversion, structural alteration, relocation, or enlargement
2 of any structure; a mining, excavation, landfill, or land
3 disturbance; or any use or extension of the use of land.
4 "Disturbed area" means an area of land on which the
5 pre-development ground surface will be affected or altered by
6 the development activities, including but not limited to
7 grading, clearing, stockpiling, tracking, and other similar
8 activities.
9 "Drainage area" means land over which water flows toward
10 a point where water leaves a site.
11 "Flood Insurance Rate Maps (FIRM)" means maps prepared by
12 the Federal Emergency Management Agency (FEMA) that depict
13 the special flood hazard areas (SFHAs) within a community,
14 insurance rate zones, and floodplains and may depict
15 floodways.
16 "Five-year frequency storm event" means that the storm
17 event rainfall depth during a 24-hour period is exceeded, on
18 the average, once every 5 years.
19 "Institutional use" means a religious or public use,
20 including but not limited to a church, library, public or
21 private school, hospital, or government-owned or
22 government-operated building, structure, or land used for a
23 public purpose.
24 "Land disturbing activity" means a change in land that
25 may result in soil erosion from water or wind and the
26 movement of sediments into waters or onto lands within this
27 State or a change in the amount or intensity of storm water
28 run-off, including but not limited to covering with an
29 impervious surface, stockpiling, clearing, grading,
30 excavating, rehabilitating, transporting, depositing, or
31 filling of land.
32 "Normal agricultural practices" means activities
33 associated with the preparation and tilling of land for the
34 purposes of growing crops or raising livestock, which may
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1 include, but are not limited to, the construction of
2 conservation measures, plowing, disking, and cultivating.
3 "Perimeter control" means any control measure installed
4 between the down slope side of a disturbed area and the
5 property line or between the down slope side of a disturbed
6 area and an area of concentrated flow.
7 "Pre-project condition" means a condition that impacts
8 erosion, sediment, or storm water run-off characteristics of
9 a site before the start of construction activity. The
10 pre-project condition shall be based on the predominant land
11 use for the past 5 years. For example, if a site has been
12 cropland for 4 of the past 5 years, and in grass just prior
13 to development, the pre-project condition is considered
14 cropland.
15 "Project" means a development involving a land disturbing
16 activity.
17 "Regional storm water management system" means a system
18 that is designed, constructed, and maintained to provide
19 storm water control for multiple land owners.
20 "Road" means a right-of-way that has been improved for
21 the purposes of providing a surface for vehicle traffic.
22 "Single-family dwelling" means a building designed for or
23 occupied by one family.
24 "Site" means a lot or parcel on which a project is to be
25 developed.
26 "Site-specific plan" means a general erosion and
27 sediment control permit for projects where the slope is 10%
28 or greater and there are no areas of concentrated flow or
29 bodies of water on or immediately adjacent to the site.
30 "Slope" means the maximum slope indicated on the site
31 according to the USDA Soil Survey or topographic survey as
32 prepared by an Illinois Registered Surveyor.
33 "Standard plan" means a general erosion and sediment
34 control permit for projects where the slope is less than 10%
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1 and there are no areas of concentrated flow or bodies of
2 water on or immediately adjacent to the site.
3 "Substantial completion" means the point in time at which
4 all exterior work is completed and a site can be used for the
5 use intended.
6 "Twenty-five year frequency storm event" means that the
7 storm event rainfall depth during a 24-hour period is
8 exceeded, on the average, once every 25 years.
9 "Utility service line" means a method by which utility
10 service is provided to service users, including but not
11 limited to electric, telephone, or television cable or gas,
12 water, or sewer pipes.
13 "Working day" does not mean Saturday, Sunday, or any
14 holiday when State offices are closed.
15 (415 ILCS 5/60.1 new)
16 Sec. 60.1. Permit requirement; applicability of Title.
17 (a) Except as provided in subsection (b), no land
18 surface within the boundaries and jurisdiction of the State
19 of Illinois shall be disturbed unless an erosion and sediment
20 control permit or an erosion, sediment, and storm water
21 control permit has first been issued for that project in
22 accordance with Section 60.4 or 60.5, as appropriate.
23 (b) This Title does not apply to the following:
24 (1) Land disturbing activities that do not involve
25 the construction of a new single-family or 2-family
26 dwelling and for which the disturbed area is less than
27 5,000 square feet.
28 (2) Routine maintenance of roads, access ways, and
29 utility service lines.
30 However, the Agency has the authority to require a
31 non-agricultural construction development activity,
32 regardless of the disturbed area or type of activity, to
33 comply with this Title if it is determined to be the cause of
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1 or a contributor to an existing or potential erosion,
2 sediment, or storm water impact.
3 (c) Land on which there is located a permanent storm
4 water control measure that was installed pursuant to this
5 Title shall be subject to this Act.
6 (415 ILCS 5/60.2 new)
7 Sec. 60.2. Standards for design and maintenance.
8 (a) Within 180 days of the effective date of this
9 amendatory Act of 1997, the Agency shall propose, and the
10 Board shall adopt, rules setting erosion and sediment control
11 criteria and specifications and standards for stormwater
12 design analysis to implement this Title. The rules may
13 incorporate, to the extent appropriate, the standards and
14 criteria set forth in the Agency's Illinois Urban Manual, A
15 Technical Manual Designed for Urban Ecosystem Protection and
16 Enhancement (1995) and the Urban Committee of the Association
17 of Illinois Soil and Water Conservation District's Illinois
18 Procedures and Standards for Urban Soil Erosion and
19 Sedimentation Control.
20 (b) All erosion and sediment control measures required
21 under this Title shall conform to the design criteria,
22 standards, and specifications adopted by the Board under
23 subsection (a). All erosion and sediment control measures
24 installed shall be sufficient to prevent sediment from
25 leaving the permit site during a 5-year frequency storm
26 event. Measures shall be taken to prevent sediment from
27 leaving the site, including but not limited to installing a
28 road construction drive or cleaning tires to minimize
29 tracking of sediment onto public roads. When sediment does
30 leave the site, the owner, developer, or contractor shall
31 remove the sediment within 4 hours or by the end of that work
32 day.
33 (c) All storm water controls shall be designed so that
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1 the peak discharge rate from the permitted area resulting
2 from the 2-year and 25-year frequency storm events for the
3 post-project condition do not exceed the corresponding storm
4 event peak discharges for the pre-project condition.
5 Evaluation of submitted plans shall be based on the storm
6 water design analysis standards adopted by the Board under
7 subsection (a).
8 (d) To allow for the beneficial development and
9 maintenance of regional storm water management systems, an
10 applicant may submit, and the Agency shall review, a design
11 for the development of a regional storm water management
12 system. The applicant shall submit documentation of (i)
13 approval for the use of the regional storm water management
14 facility from the local government agency having jurisdiction
15 over it and (ii) proof that there will be no adverse flooding
16 impact to a receiving stream between the point of discharge
17 and the regional storm water facility. If an application to
18 use a regional storm water management system is approved by
19 the Agency, the applicant shall be exempt from the
20 requirements of this Section for permanent on-site storm
21 water controls. An exemption under this Section shall not
22 apply to temporary storm water control measures required by
23 this Title.
24 (415 ILCS 5/60.3 new)
25 Sec. 60.3. Maintenance of control measures.
26 (a) On-site erosion and sediment control measures shall
27 be constructed and functional prior to initiating clearing,
28 grading, stripping, excavating, or fill activities on a site.
29 (b) Erosion and sediment control measures and temporary
30 storm water control measures shall be maintained so they are
31 operating effectively until permanent ground surface
32 protection and permanent storm water control measures are
33 established in a manner specified in the applicable permit
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1 issued under this Title.
2 (c) Fully functioning temporary sediment control
3 measures, including but not limited to perimeter sediment
4 controls, shall remain in place until the ground is
5 stabilized with permanent ground cover. The intent of this
6 Section is to protect the sites at all times until the ground
7 is permanently stabilized. In cases where it is not
8 practicable to leave the temporary sediment control measures
9 in place before establishing permanent ground cover,
10 including but not limited to occasions when control measures
11 need to be removed in order to grade the area or install
12 pavement or sod, an exception will be made only if one of the
13 conditions following is met:
14 (1) Permanent ground cover shall be established
15 with pavement, aggregate, or sod within 3 days of the
16 removal of sediment barriers.
17 (2) Permanent vegetation shall be established by
18 seeding with anchored mulch within 3 days of removal of
19 sediment barriers during the spring or fall seeding
20 periods. However, on project areas with slopes not
21 exceeding 5%, permanent vegetation shall be established
22 by seeding within 3 days of the removal of sediment
23 barriers during the spring or fall seeding periods.
24 Summer seeding is acceptable on project areas that will
25 be watered. This item does not apply to concentrated
26 flow areas.
27 In no way does adhering to a condition in item (1) or (2)
28 relieve the owner of responsibility to clean up or repair
29 damage caused from sediment or storm water run-off leaving
30 the site.
31 (d) The Agency may require additional control measures
32 pursuant to the standards if determined necessary by the
33 Agency after site inspection and prior to issuing the permit.
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1 (415 ILCS 5/60.4 new)
2 Sec. 60.4. General erosion and sediment control permits.
3 (a) Beginning 180 days after the effective date of this
4 amendatory Act of 1997, before commencing a project involving
5 the construction of a new single-family or two-family
6 dwelling or commencing a project involving an area of 5,000
7 square feet or greater, the owner of the land, or his or her
8 representative, shall be required to file an application for
9 a general erosion and sediment control permit, as either a
10 standard plan or site specific plan, except as otherwise
11 provided in Section 60.1 and Section 60.5. For the purpose of
12 determining acreage under this subsection, a fractional acre
13 shall be rounded to the nearest whole acre.
14 (b) An applicant for a permit under this Section shall
15 file an application with the Agency on forms provided by the
16 Agency. The fee for a standard plan application shall be $100
17 for each permit and the fee for a site-specific plan
18 application shall be $150 for each permit. However, no fee
19 shall be required for a project to be performed by a unit of
20 local government. No application shall be accepted for filing
21 unless the fee has been paid in full. All fees shall be
22 nonrefundable.
23 (c) Review by the Agency of a general erosion and
24 sediment control permit application shall be limited to
25 verifying that the required information and permit fee have
26 been provided and that the project meets applicable
27 standards. The Agency shall issue or deny an application by
28 (1) approving the permit for a standard plan within 20
29 working days of the filing of a complete application or (2)
30 initiating the review process for a site-specific plan and
31 approving the site-specific plan within 45 working days of
32 the filing of a completed application. If the permit is
33 denied, it shall be returned to the applicant with a written
34 explanation of its denial. The application shall be deemed
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1 approved if an Agency response is not timely made.
2 (d) A general erosion and sediment control permit shall
3 be issued for a period not to exceed 2 years.
4 (e) A general erosion and sediment control permit shall
5 contain, at a minimum, the following conditions:
6 (1) that written approval be obtained from the
7 Agency prior to making a modification to an approved
8 erosion and sediment control plan as set forth in the
9 permit application;
10 (2) that all control measures identified in the
11 permit and applicable control measures set forth in this
12 Title shall be installed;
13 (3) that control measures shall be maintained
14 during construction; and
15 (4) any other conditions that the Agency deems
16 appropriate to ensure compliance with the requirements
17 and intent of this Title.
18 (f) A permit holder shall maintain temporary control
19 measures in accordance with Section 60.3 under all
20 circumstances. In addition, all disturbed areas must have
21 permanent ground cover within 6 months of project completion,
22 or within 6 months of occupancy, whichever comes first.
23 (415 ILCS 5/60.5 new)
24 Sec. 60.5. Erosion, sediment, and storm water control
25 permits.
26 (a) Beginning 180 days after the effective date of this
27 amendatory Act of 1997, before commencing a commercial,
28 institutional, multi-family, or industrial project on an area
29 of more than one-half acre, the owner of the land, or his or
30 her representative, shall be required to file an application
31 for an erosion, sediment, and storm water control permit. For
32 the purpose of determining acreage under this subsection, a
33 fractional acre shall be rounded to the nearest whole acre.
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1 (b) An applicant shall file the application with the
2 Agency on forms provided by the Agency. Each application
3 shall include the following information:
4 (1) A map of existing site conditions showing the
5 project area, immediately adjacent areas, and the
6 locations of the following site information:
7 (A) site boundaries and adjacent lands that
8 accurately identify the site location;
9 (B) lakes, streams, wetlands, channels,
10 ditches, and other water courses on and immediately
11 adjacent to the site;
12 (C) floodways or Zone A areas of a floodplain,
13 as determined on the Flood Insurance Rate Map
14 (FIRM), and the appropriate map panel number;
15 (D) all off-site drainage onto or through the
16 project site;
17 (E) the location and dimensions of storm water
18 management components on or adjacent to the site;
19 (F) the locations and dimensions of
20 structures, roads, highways, easements, and paved
21 areas; and
22 (G) site topography showing contours at
23 vertical intervals as follows:
24 (I) slope of 6% or less, 2-foot
25 intervals;
26 (II) slope of 6% or more but less than
27 15%, 5-foot intervals;
28 (III) slope of 15% or more, 10-foot or
29 20-foot intervals.
30 The map shall be scaled so that one inch equals
31 100 feet.
32 (2) A plan of final site conditions drawn to the
33 same scale as the existing site map submitted under item
34 (1) and which includes information to accurately depict
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1 post-construction appearance of the site, including but
2 not limited to paved areas, buildings, landscaping, and
3 other changes to the site, and accurately depict
4 predominate site features, including but not limited to
5 open areas and bodies of water.
6 (3) A site construction plan including:
7 (A) locations and dimensions of all proposed
8 land disturbing activities;
9 (B) locations and dimensions of all temporary
10 soil and aggregate stockpiles;
11 (C) location, dimension, and construction
12 details of all construction site management control
13 measures necessary to meet the requirements of this
14 Title, including but not limited to proposed
15 revegetation of disturbed areas; and
16 (D) a statement regarding provisions for
17 meeting maintenance requirements of the construction
18 site management control measures during
19 construction.
20 (4) The following storm water management
21 information:
22 (A) Design calculations and a permanent storm
23 water management system for a project with a net
24 increase of impervious area greater than one-half
25 acre. For purposes of this subdivision, "net
26 increase" means the cumulative change since the
27 effective date of this amendatory Act of 1997. For
28 example, in year 1, a commercial site increases a
29 parking lot by 20,000 square feet. In year 2, the
30 same commercial site adds a building with an area of
31 20,000 square feet. In year 1, no permanent storm
32 water control measures or calculations are required
33 under this Title. In year 2, storm water
34 calculations shall be submitted and shall be based
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1 on the total increase of 40,000 square feet of
2 impervious area.
3 (B) a map showing the drainage area
4 boundaries, including off-site drainage areas that
5 drain into or onto the site;
6 (C) location and identification of soil types
7 for all drainage areas;
8 (D) location and identification of vegetative
9 cover for all drainage areas;
10 (E) run-off curve number calculations for
11 pre-project and post-project conditions for each
12 drainage area;
13 (F) time-of-concentration calculations for
14 pre-project and post-project conditions for each
15 drainage area and a map showing hydraulic flow
16 lengths used;
17 (G) peak flow-rate calculations for 2-year and
18 25-year storms for pre-project and post-project
19 conditions;
20 (H) design calculations for detention basin
21 outlets for 2-year and 25-year storms, include
22 stage-storage table and discharge rating curve data
23 or outflow calculations;
24 (I) location dimensions and construction
25 details of proposed detention basins and outlets;
26 (J) detention volume calculations; and
27 (K) a summary of peak flow rates for
28 pre-project and post-project conditions with
29 detention showing that the requirements of this
30 Title are met.
31 (5) A schedule or sequence of development or
32 installation of the elements of the site management
33 control measures proposed by the applicant.
34 (6) A detailed estimate, prepared by a licensed
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1 professional engineer, of quantities and estimated costs
2 of all control measures required under this Title.
3 (7) A plan for the continued management and
4 maintenance of permanent control measures.
5 (c) An applicant fee of $50 per acre, with a minimum fee
6 of $250 and a maximum fee of $2,000, shall be submitted at
7 the time of application. However, no fee shall be required
8 for a project to be performed by a unit of local government.
9 No application shall be accepted for filing unless the fee
10 has been paid in full. All fees shall be nonrefundable.
11 (d) Within 20 working days of submittal of the
12 application, the Agency shall respond in writing to the
13 sediment and erosion control practices portion of an
14 application submitted under this Section. Within 45 working
15 days of submittal of an application, the Agency shall respond
16 to the storm water management plans and control portion of
17 the application by either issuing a permit, issuing a request
18 for additional information, or issuing a statement denying
19 the permit with an explanation of cause. The application
20 shall be deemed approved if an Agency response is not timely
21 made.
22 (e) Before an erosion, sediment, and storm water control
23 permit is issued, an applicant shall deliver to the Agency a
24 surety bond, an irrevocable letter of credit, or an executed
25 escrow agreement in the name of the State of Illinois for
26 100% of the applicant's professional engineer's estimated
27 cost for all control measures required under this Title. A
28 signed contractor's bid that meets the specifications of the
29 engineer's estimate for the work may be used to establish the
30 amount of security required, if the estimate is accepted by
31 the Agency.
32 (f) An erosion, sediment, and storm water control permit
33 shall be issued for a period not to exceed 2 years. However,
34 the Agency may extend a permit for good cause.
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1 (g) An erosion, sediment, and storm water control permit
2 shall contain, at a minimum, the conditions set forth in
3 subsection (e) of Section 60.4.
4 (h) Without exception, all disturbed areas must have
5 permanent ground cover within 6 months of project completion,
6 or within 6 months of occupancy, whichever comes first.
7 (i) Within 14 days after completion of construction, an
8 applicant shall notify the Agency that the permanent storm
9 water control measures are ready for final inspection. If
10 the inspection shows that the control measures and
11 maintenance plan comply with the standards adopted by the
12 Agency under subsection (a) of Section 60.2, the Agency shall
13 issue a Notice of Permanent Storm Water Control Measures to
14 the applicant.
15 (415 ILCS 5/60.6 new)
16 Sec. 60.6. Maintenance of permanent storm water control
17 measures. A person owning property with a permanent storm
18 water control measure on his or her property installed
19 pursuant to this Title shall maintain the control measure so
20 that it functions in compliance with the standards adopted by
21 the Department under subsection (a) of Section 60.2.
22 (415 ILCS 5/60.7 new)
23 Sec. 60.7. Inspections; stop work order. This Title shall
24 be administered and enforced by the Agency. The Agency shall
25 make, or cause to be made, periodic inspections of all work
26 authorized by permits issued in accordance with this Title to
27 insure that construction is in compliance with the provisions
28 of this Title. In addition, the Agency shall make or cause to
29 be made investigations of violations of this Title and shall
30 require that violations be corrected.
31 A permit issued under this Title shall be revoked and a
32 stop-work order shall be issued by the Agency if it finds,
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1 from personal inspection or from competent evidence, that the
2 rules or standards under which the permit was issued have
3 been violated. The Agency shall not issue a stop-work order
4 until the Board adopts precise standards under subsection (a)
5 of Section 60.2. To defray the costs of administering stop
6 work orders posted by the field inspectors as a result of a
7 violation of a provision of this Title, a fee of $100 per
8 stop work order will be charged to the violator.
9 (415 ILCS 5/60.8 new)
10 Sec. 60.8. Appeal of Agency decision. A person directly
11 aggrieved by a decision, order, requirement, or determination
12 of the Agency made pursuant to this Title shall have the
13 right to appeal the Agency action to the Board. The appeal
14 shall be made within 35 days from the date of the action
15 appealed from, shall be filed in writing, and shall include a
16 concise statement of why the action is being appealed. The
17 Board shall afford the aggrieved person a hearing and
18 reasonable notice of the hearing in accordance with the
19 Illinois Administrative Procedure Act.
20 (415 ILCS 5/60.9 new)
21 Sec. 60.9. Deposit of moneys. All fees and fines
22 collected under this Title shall be deposited into the
23 Environmental Protection Permit and Inspection Fund. Moneys
24 collected under this Title and deposited into the Fund may be
25 used by the Agency to administer this Title.
26 (415 ILCS 5/60.10 new)
27 Sec. 60.10. Regulation by units of local government. A
28 unit of local government, including a home rule unit, may not
29 regulate erosion, sediment, and storm water control measures
30 in a manner inconsistent with the regulation by the State
31 under this Title. This Section is a limitation under
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1 subsection (i) of Section 6 of Article VII of the Illinois
2 Constitution on the concurrent exercise by home rule units of
3 powers and functions exercised by the State.