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90_SB0169
New Act
615 ILCS 5/5.1 new
615 ILCS 5/14a from Ch. 19, par. 61a
615 ILCS 5/18 from Ch. 19, par. 65
615 ILCS 50/1.1 from Ch. 19, par. 119.1
615 ILCS 50/1.2 from Ch. 19, par. 119.2
615 ILCS 50/2 from Ch. 19, par. 120
615 ILCS 50/3 from Ch. 19, par. 120.1
615 ILCS 50/4 from Ch. 19, par. 120.2
615 ILCS 50/5 from Ch. 19, par. 120.3
615 ILCS 50/6 from Ch. 19, par. 120.4
615 ILCS 50/7 from Ch. 19, par. 120.5
615 ILCS 50/8 from Ch. 19, par. 120.6
615 ILCS 50/9 from Ch. 19, par. 120.7
615 ILCS 50/10 from Ch. 19, par. 120.8
615 ILCS 50/11 from Ch. 19, par. 120.9
615 ILCS 50/12 from Ch. 19, par. 120.10
615 ILCS 50/13 from Ch. 19, par. 120.11
615 ILCS 50/14 from Ch. 19, par. 120.12
615 ILCS 55/1 from Ch. 19, par. 1141
615 ILCS 55/2 from Ch. 19, par. 1142
615 ILCS 55/3 from Ch. 19, par. 1143
615 ILCS 55/5 from Ch. 19, par. 1145
Creates the Lake Michigan Protection Authority to control
the protection, development, and use of the water, shore, and
bed of Lake Michigan; transfers to the Authority the powers
and functions of the Illinois Department of Natural Resources
that relate to Lake Michigan; authorizes the Authority to
assume, by rule, any power or function of a unit of local
government that relates to Lake Michigan; authorizes the
Authority to review and oversee the expenditure of public
funds for the protection or development of the Lake, and the
development of related policies and comprehensive plans.
Preempts home rule powers. Effective immediately.
LRB9001837NTsb
LRB9001837NTsb
1 AN ACT to create the Lake Michigan Protection Authority.
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 Lake Michigan Protection Act.
6 Section 5. Definitions. In this Act:
7 "Authority" means the Lake Michigan Protection Authority
8 created by this Act.
9 "District" or "Lake Michigan Protection District" means
10 the counties of Cook, DuPage, Lake, and Will, and includes
11 all parts of Lake Michigan within the territorial
12 jurisdiction of the State of Illinois.
13 "Department" means the Illinois Department of
14 Transportation.
15 "Lake Michigan" means that part of the Lake that is
16 within the territorial jurisdiction of the State of Illinois,
17 including the lakebed, water, and shoreline.
18 Section 10. Findings and purposes.
19 (a) The General Assembly finds that the use of Lake
20 Michigan and its water, bed, and shoreline necessarily
21 creates economic, environmental, and social impacts that
22 extend throughout and beyond the borders of many different
23 units of State and local government, and that it is therefore
24 necessary for the public health, safety, and welfare of the
25 people of Northeastern Illinois that a regional authority be
26 established to consolidate planning and control of the use of
27 Lake Michigan and its water, bed, and shoreline.
28 (b) It is the purpose of this Act to establish a
29 regional authority to provide comprehensive planning and
30 policymaking with respect to Lake Michigan, to review and
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1 coordinate the actions and policies of all agencies and units
2 of State or local government having jurisdiction over any
3 aspect of the usage of the Lake, its waters, or its
4 shoreline, to assume the powers and duties with respect to
5 Lake Michigan that are presently assigned to the Department
6 of Transportation, and to exercise exclusive control over the
7 use of public funds to be used for the protection or
8 development of the Lake Michigan shore.
9 Section 15. Authority members.
10 (a) There is hereby created the Lake Michigan Protection
11 Authority. The Authority is a unit of local government and a
12 body politic and corporate. The jurisdiction of the
13 Authority extends throughout the Lake Michigan Protection
14 District.
15 (b) The governing body of the Authority is a board
16 consisting of 12 voting members, appointed as follows:
17 (i) Three members who are residents of the
18 District, appointed by the Governor with the advice and
19 consent of the Senate.
20 (ii) Two members who are residents of the City of
21 Chicago, appointed by the Mayor of the City of Chicago
22 with the advice and consent of the City Council.
23 (iii) Two members who are residents of the Lake
24 Michigan Protection District, appointed by the
25 Commissioners of the Metropolitan Sanitary District of
26 Greater Chicago.
27 (iv) Two members who are residents of Cook County,
28 appointed by the President of the Cook County Board with
29 the advice and consent of the Cook County Board members.
30 (v) One member who is a resident of DuPage County,
31 appointed by the Chairman of the DuPage County Board with
32 the advice and consent of the DuPage County Board
33 members.
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1 (vi) One member who is a resident of the County of
2 Lake, appointed by the Chairman of the Lake County Board
3 with the advice and consent of the Lake County Board
4 members.
5 (vii) One member who is a resident of the County of
6 Will, appointed by the Chairman of the Will County Board
7 with the advice and consent of the Will County Board
8 members.
9 The Director of the Illinois Environmental Protection
10 Agency and the Secretary of the Illinois Department of
11 Transportation, or their designated representatives, shall
12 serve as ex officio, nonvoting members of the Authority.
13 (c) Each appointed member shall hold office for a term
14 of 4 years, and until a successor has been appointed and has
15 qualified. Terms shall commence on December 1st. The initial
16 members shall be appointed before December 1, 1997, and shall
17 serve for terms staggered so that the terms of 4 members each
18 expire in 1999, 2000, and 2001, all to be determined by lot
19 at the first meeting of the Authority.
20 A vacancy occurs upon resignation, death, conviction of a
21 felony, or removal from office of a member. Any member may be
22 removed from office upon concurrence of not less than 9 votes
23 on a formal finding of incompetence, neglect of duty, or
24 malfeasance in office. Within 30 days after the office of
25 any member becomes vacant for any reason, the appointing
26 authorities of the member shall make an appointment to fill
27 the vacancy. A vacancy shall be filled for the unexpired
28 term.
29 In case of vacancy in a position appointed by the
30 Governor, when the Senate is not in session, the Governor may
31 make a temporary appointment until the next meeting of the
32 Senate, when the Governor shall nominate a person to fill the
33 office; and any person so nominated, who is confirmed by the
34 Senate, shall hold office during the remainder of the term
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1 and until a successor is appointed and qualified. If the
2 Senate has not confirmed the Governor's initial appointments
3 by December 1, 1997, the Governor shall make temporary
4 appointments as in the case of vacancies.
5 (d) The Authority shall prescribe the times and places
6 for meetings and the manner in which special meetings may be
7 called. The Authority shall comply in all respects with the
8 Open Meetings Act. All records, documents, and papers of the
9 Authority, other than those relating to matters concerning
10 which closed sessions of the Authority may be held, shall be
11 available for public examination, subject to such reasonable
12 regulations as the Authority may adopt in accordance with the
13 Illinois Freedom of Information Act.
14 A majority of the members then holding office constitutes
15 a quorum for the conduct of business. Eight affirmative
16 votes are necessary for taking any action or adopting any
17 rule or regulation, except as otherwise provided in this Act.
18 (e) As soon as practicable after December 1 of each
19 year, the members of the Board shall elect one of their
20 number to be chairman, and shall select a secretary and a
21 treasurer and other officers of the Authority who may, but
22 need not, be members of the Board. Members, while serving
23 on business of the Authority, shall receive reimbursement for
24 actual and necessary expenses incurred while so serving. In
25 addition, each member shall receive compensation of $200 per
26 day for each day served at regular or special meetings of the
27 Authority or at committee meetings approved by the chairman.
28 (f) The expenses of the Authority shall be paid in whole
29 or part from funds appropriated to it by the State for that
30 purpose.
31 Section 20. The Authority has all the powers necessary
32 to meet its responsibilities and to carry out its purposes,
33 including but not limited to the following:
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1 (a) To appoint, retain, and employ such officers,
2 attorneys, agents, engineers and employees as it may deem
3 necessary for the accomplishment of its purposes.
4 (b) To apply for, receive, and expend grants, gifts, or
5 other funds from any unit of local government, the State or
6 Federal government or any department or agency thereof, or
7 any other person, for use in connection with any of the
8 powers or purposes of the Authority.
9 (c) To adopt reasonable rules and regulations to carry
10 out the provisions of this Act.
11 (d) To enter into all contracts and agreements necessary
12 or incidental to the performance of its powers under this
13 Act.
14 (e) To coordinate its actions and plans with State
15 agencies and units of local government that have
16 responsibilities for or are affected by Lake Michigan.
17 (f) To charge and collect from permit applicants an
18 amount determined by the Authority to be a reasonable
19 application fee for the processing of the application by the
20 Authority. The Authority shall set the amount of the fees by
21 regulation.
22 (g) To sue or be sued.
23 (h) To exercise the power of eminent domain under
24 Article VII of the Code of Civil Procedure, except that the
25 Authority shall not have "quick-take" powers under Section
26 7-103 of that Code.
27 Section 25. Powers and duties.
28 (a) The Authority has the power and duty:
29 (1) To review, coordinate, and oversee the actions
30 and policies of all agencies and units of State and local
31 government, including home rule units, that have any
32 jurisdiction over Lake Michigan or its shoreline, to the
33 extent that those actions or policies have a significant
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1 impact on the usage of the water, bed, or shoreline of
2 Lake Michigan.
3 (2) To review, coordinate, and oversee all local
4 and regional comprehensive planning and policymaking that
5 relates to Lake Michigan, and to develop and publish a
6 comprehensive plan for the Lake Michigan shore and a
7 coordinated policy to control its protection and
8 development.
9 (3) To oversee and grant or withhold its approval
10 for the expenditure of any public funds intended to be
11 used for the protection or development of the Lake
12 Michigan shore, including Build Illinois and other State
13 and local funds, and any federal funds or grants the use
14 of which may be subject to State control.
15 (b) Beginning January 1, 1998, all functions and powers
16 of the Department of Transportation that relate to Lake
17 Michigan shall be assumed by the Authority.
18 All agencies and units of State and local government
19 shall actively cooperate with the Authority and assist it in
20 its duties under this Act.
21 (c) The Authority may, by rule, regulate the following:
22 (1) The protection and development of the Lake
23 Michigan shore.
24 (2) The construction, modification, removal, and
25 maintenance of piers, breakwaters, jettys, and other
26 natural and man made objects and structures in Lake
27 Michigan.
28 (3) The withdrawal and usage of water from Lake
29 Michigan, in a manner consistent with federal law and
30 interstate agreement.
31 (4) The discharge of water and pollutants into Lake
32 Michigan, in a manner consistent with State and federal
33 environmental protection laws.
34 (5) Fishing and recreational uses of Lake Michigan.
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1 (6) Drainage, diversion, water use, and other
2 activities within the Lake Michigan watershed that may
3 have a significant impact on the levels or quality of
4 water in Lake Michigan.
5 (7) Any other matter that affects the preservation,
6 development, or use of Lake Michigan.
7 (d) The Authority may, by regulation, assume the
8 exclusive exercise of any power or function of any park
9 district, port district, recreation district, or any other
10 unit of local government, that relates to the use,
11 protection, or development of Lake Michigan, its water, bed,
12 or shore.
13 Section 30. Judicial review. Any person who is
14 adversely affected by a final decision of the Authority may
15 have that decision judicially reviewed. The provisions of
16 the Administrative Review Law and the rules adopted under
17 this Act apply to and govern all proceedings for the judicial
18 review of final administrative decisions of the Authority.
19 The term "administrative decision" is defined as in Section
20 3-101 of the Code of Civil Procedure.
21 Section 35. Right to sue. Notwithstanding the existence
22 or pursuit of any other remedy, the Authority may, in the
23 manner provided by law, upon the advice of the Attorney
24 General, who shall represent the Authority in the
25 proceedings, maintain an action in the name of the State for
26 injunction or other process against any person to restrain or
27 prevent a violation of any rule adopted by the Authority.
28 Section 40. Liability of members, officers, and
29 employees. No member, officer, or employee of the Authority
30 is liable for the payment of damages under any law of this
31 State by reason of that person's performance of any duty,
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1 function, or activity required or authorized to be undertaken
2 by this Act, if the person has acted without malice toward
3 any person affected.
4 Section 45. Incorporation of Administrative Procedure
5 Act. The Illinois Administrative Procedure Act is hereby
6 expressly adopted and incorporated into this Act and applies
7 to the Authority as if all the provisions of that Act were
8 included in this Act; except that in the case of a conflict
9 between that Act and this Act, the provisions of this Act
10 control.
11 Section 50. Exclusive jurisdiction. Pursuant to
12 paragraph (h) of Section 6 of Article VII of the Illinois
13 Constitution, the General Assembly hereby declares the
14 regulation of Lake Michigan to be a subject of exclusive
15 State jurisdiction. This Act specifically denies and limits
16 the exercise by home rule units of any power that is
17 inconsistent with this Act, and all existing laws and
18 ordinances that are inconsistent are hereby superseded.
19 Section 85. The Rivers, Lakes, and Streams Act is
20 amended by changing Sections 14a and 18 and by adding Section
21 5.1 as follows:
22 (615 ILCS 5/5.1 new)
23 Sec. 5.1. Beginning January 1, 1998, all powers and
24 functions of the Department of Transportation under this Act,
25 insofar as they relate to Lake Michigan, shall be assumed and
26 exercised by the Lake Michigan Protection Authority, and with
27 respect to these powers and functions, references in this Act
28 to the Department are deemed to refer to the Authority.
29 (615 ILCS 5/14a) (from Ch. 19, par. 61a)
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1 Sec. 14a. It is the express intention of this
2 legislation that close cooperation shall exist between the
3 Pollution Control Board, the Environmental Protection Agency,
4 and the Department of Natural Resources, the Lake Michigan
5 Protection Authority, and that every resource of State
6 government shall be applied to the proper preservation and
7 utilization of the waters of Lake Michigan.
8 The Environmental Protection Agency shall work in close
9 cooperation with the City of Chicago and other affected units
10 of government to: (1) terminate discharge of pollutional
11 waste materials to Lake Michigan from vessels in both
12 intra-state and inter-state navigation, and (2) abate
13 domestic, industrial, and other pollution to assure that Lake
14 Michigan beaches in Illinois are suitable for full body
15 contact sports, meeting criteria of the Pollution Control
16 Board.
17 The Environmental Protection Agency shall regularly
18 conduct water quality and lake bed surveys to evaluate the
19 ecology and the quality of water in Lake Michigan. Results of
20 such surveys shall be made available, without charge, to all
21 interested persons and agencies. It shall be the
22 responsibility of the Director of the Environmental
23 Protection Agency to report annually or at such other times
24 as the Governor shall direct; such report shall provide
25 hydrologic, biologic, and chemical data together with
26 recommendations to the Governor and members of the General
27 Assembly.
28 The requirement for reporting to the General Assembly
29 shall be satisfied by filing copies of the report with the
30 Speaker, the Minority Leader and the Clerk of the House of
31 Representatives and the President, the Minority Leader and
32 the Secretary of the Senate and the Legislative Research
33 Unit, as required by Section 3.1 of "An Act to revise the law
34 in relation to the General Assembly Organization Act",
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1 approved February 25, 1874, as amended, and filing such
2 additional copies with the State Government Report
3 Distribution Center for the General Assembly as is required
4 under paragraph (t) of Section 7 of the State Library Act.
5 In meeting the requirements of this Act, the Lake
6 Michigan Protection Authority, Pollution Control Board,
7 Environmental Protection Agency and Department of Natural
8 Resources are authorized to be in direct contact with
9 individuals, municipalities, public and private corporations
10 and other organizations which are or may be contributing to
11 the discharge of pollution to Lake Michigan.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (615 ILCS 5/18) (from Ch. 19, par. 65)
14 Sec. 18. It is unlawful to make any fill or deposit of
15 rock, earth, sand, or other material, or any refuse matter of
16 any kind or description or build or commence the building of
17 any wharf, pier, dolphin, boom, weir, breakwater, bulkhead,
18 jetty, causeway, harbor, or mooring facilities for
19 watercraft, or build or commence the building of any other
20 structure, or do any work of any kind whatsoever in any of
21 the public bodies of water within the State of Illinois,
22 without first submitting the plans, profiles, and
23 specifications therefor, and any such other data and
24 information as may be required, to the Department of Natural
25 Resources of the State and receiving a permit therefor signed
26 by the Director of the Department and authenticated by the
27 seal thereof. However, this requirement does not apply to
28 duck blinds which comply with regulations of the Department
29 of Natural Resources.
30 However, except as provided in this Act, no permit shall
31 be issued or renewed authorizing any fill or deposit of rock,
32 earth, sand, or other material, or any refuse matter of any
33 kind or description in Lake Michigan except by the Lake
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1 Michigan Protection Authority, unless the Illinois
2 Environmental Protection Agency makes a final determination
3 under pursuant to subsection (a) of Section 39 of the
4 Environmental Protection Act, as now or hereafter amended,
5 that the proposed dredging or deposit of material will not
6 cause a violation of the Environmental Protection Act or
7 Pollution Control Board regulations.
8 Nothing in this Act herein shall be construed to
9 authorize the discharge or other disposition of materials of
10 any kind into Lake Michigan without first obtaining a joint
11 permit, signed by the Chairman of the Lake Michigan
12 Protection Authority, from the Department of Natural
13 Resources and the Illinois Environmental Protection Agency.
14 Any person, corporation, company, city or municipality, or
15 other agency, who or which (1) discharges or disposes of any
16 such materials into Lake Michigan without a permit or in
17 violation of a permit, or (2) does any of the things
18 prohibited by this Section shall be guilty of a Class A
19 misdemeanor.
20 The building of any causeway, harbor, or mooring
21 facilities for watercraft in Lake Michigan shall be confined
22 to those areas recommended by the Lake Michigan Protection
23 Authority Department and authorized by the General Assembly
24 and approved by the Governor, and shall be in aid of and not
25 an interference with the public interest or navigation. Any
26 structure, fill, or deposit erected or made in any of the
27 public bodies of water of this State, in violation of this
28 Section is a purpresture and may be abated as such at the
29 expense of the person, corporation, company, city,
30 municipality, or other agency responsible therefor, or if, in
31 the discretion of the Lake Michigan Protection Authority
32 Department of Natural Resources, it be decided that the
33 structure, fill, or deposit may remain, the Authority
34 Department may fix by such rule, regulation, requirement,
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1 restrictions, or rentals or require and compel any such
2 changes, modifications and repairs as are necessary to
3 protect the interest of the State.
4 The Department of Natural Resources may grant, subject to
5 the foregoing provisions of this Section, a permit to any
6 person, firm or corporation, not a riparian owner, to use the
7 water from any of the public bodies of water within the State
8 of Illinois for industrial manufacturing or public utility
9 purposes, and to construct the necessary intakes, structures,
10 tunnels, and conduits in, under, or on the beds of the such
11 bodies of water to obtain the use of the such water or to
12 return the same, provided, however, that the such use shall
13 not interfere with navigation. The Such permit shall be for a
14 definite period of years not exceeding 40 years and may be
15 renewed subject to the same time limitation. If the water so
16 to be used is to be taken from a lake or stream located in or
17 adjoining any municipality, the such permit shall not become
18 effective until approved by the Commissioner of Public Works
19 of such municipality, or if it has no Commissioner of Public
20 Works, by the Public (or City) Engineer, or if it has no such
21 Engineer, by the Mayor or President of the Municipality.
22 Subject to the notice and hearing hereinafter provided
23 for, where a permit is sought for a structure, fill, or
24 deposit in a slip, the Department shall require as condition
25 precedent to the issuance of such permit, a signed statement
26 approving such action by all riparian owners whose access to
27 public waters will be directly affected by such structure,
28 fill, or deposit. No such permit shall be issued without the
29 approval of the Governor and without a public hearing, 10
30 days days' notice of the time, place, and purpose of which is
31 published in a newspaper of general circulation in the county
32 in which such slip is located. Whenever a permit to fill or
33 deposit in a slip is issued, all work done pursuant to the
34 permit is by authorization and under the direction of the
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1 Department of Natural Resources. If deemed in the public
2 interest, the Lake Michigan Protection Authority or the
3 Department of Natural Resources may, respectively for the
4 purpose of establishing uniform shore lines upon Lake
5 Michigan or other streams or lakes of this State, permit
6 fills of rock, earth or sand to be placed inside a bulkhead,
7 wall or breakwater so constructed as not to permit the escape
8 of such materials into Lake Michigan or any such lake, river,
9 or stream, and the Authority or Department is authorized to
10 require of applicants for such permits such contracts or to
11 impose such restrictions as shall fully protect the interests
12 of the State. However, the Authority or Department may permit
13 the placing of unconfined fills or deposits of clear sand,
14 rock or other material approved by it the Department in or
15 along the shores of Lake Michigan, or in, or along the shores
16 of, other streams or lakes of this State, for the purpose of
17 replacing or augmenting the natural material in the littoral
18 currents, for creating new beaches or for replenishing
19 existing beaches, for the protection of the shore against
20 erosion or for other lawful purposes specifically authorized
21 by statute; and the Authority Department may permit the
22 deposit of dredged material in Lake Michigan only where the
23 Illinois Environmental Protection Agency makes a final
24 determination, under pursuant to subsection (a) of Section 39
25 of the Environmental Protection Act, as now or hereafter
26 amended, that the dredging or deposit of material will not
27 cause a violation of the Environmental Protection Act or
28 Pollution Control Board regulations. Any person adversely
29 affected by a final determination of the Environmental
30 Protection Agency may petition for a hearing before the
31 Pollution Control Board pursuant to Section 40 of the
32 Environmental Protection Act, as now or hereafter amended.
33 The petition for review shall stay the issuance of the permit
34 until the Pollution Control Board affirms or reverses the
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1 Agency's determination. If there is no final action by the
2 Pollution Control Board within 120 days, the Authority
3 Department may issue the permit. Judicial review of the
4 Pollution Control Board's final determination shall be
5 pursuant to Section 41 of the Environmental Protection Act,
6 as now or hereafter amended. The restriction as to the
7 deposit of dredged materials shall not apply to any
8 reclamation or fill-in of Lake Michigan under the authority
9 of any statute now or hereafter in effect or under the
10 supervision of any park district or municipality where such
11 materials are placed inside a bulkhead, wall or breakwater so
12 constructed as not to permit the escape of such materials
13 into Lake Michigan.
14 Wherever the terms public waters or public bodies of
15 water are used or referred to in this Act, they mean all open
16 public streams and lakes capable of being navigated by water
17 craft, in whole or in part, for commercial uses and purposes,
18 and all lakes, rivers, and streams which in their natural
19 condition were capable of being improved and made navigable,
20 or that are connected with or discharged their waters into
21 navigable lakes or rivers within, or upon the borders of the
22 State of Illinois, together with all bayous, sloughs,
23 backwaters, and submerged lands that are open to the main
24 channel or body of water and directly accessible thereto.
25 Nothing herein contained applies to a harbor under the
26 jurisdiction and control of a park district, nor to any
27 existing yacht club facilities, improvements thereon and
28 replacements thereof whether in the same or a new location.
29 Nothing herein contained applies to the location of any
30 harbor under the jurisdiction and control of any city or
31 village of less than 500,000 population.
32 Notwithstanding any provision of this Act to the
33 contrary, the Department of Natural Resources shall have no
34 power to promulgate rules or regulations, or to issue or deny
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1 permits, with respect to barge fleeting areas in rivers
2 located wholly or partly within this State. For purposes of
3 this paragraph, "barge fleeting area" means a facility, at a
4 fixed site, which is used to provide barge mooring services.
5 (Source: P.A. 89-445, eff. 2-7-96.)
6 Section 90. The Level of Lake Michigan Act is amended by
7 changing Sections 1.1, 1.2, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
8 12, 13, and 14 as follows:
9 (615 ILCS 50/1.1) (from Ch. 19, par. 119.1)
10 Sec. 1.1. Definitions. For the purposes of this Act:
11 "Authority" means the Lake Michigan Protection Authority.
12 "Department" is the Department of Natural Resources.
13 "Domestic purposes" includes all public water supply
14 pumpage and water supplied to commercial and industrial
15 establishments.
16 "Consumptive use" means that amount of water withdrawn or
17 withheld from the Lake Michigan watershed and assumed to be
18 lost or otherwise not returned to Lake Michigan or to any
19 other waterway due to evaporation, incorporation into
20 products, or other processes.
21 "New users" refers to any regional organization,
22 municipality, political sub-division, agency,
23 instrumentality, organization, association, or individual
24 that did not have an allocation of Lake Michigan water from
25 the Department on July 1, 1980.
26 "Discretionary dilution for water quality purposes" is
27 Lake Michigan water directly diverted into the Sanitary and
28 Ship Canal for the purpose of water quality, and does not
29 include Lake Michigan water directly diverted for other
30 purposes such as lockage, leakage of lakefront controlling
31 structures, or navigational make-up water.
32 "Other Great Lakes States" includes the states of
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1 Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York
2 and Wisconsin.
3 "International Joint Commission" is the permanent unitary
4 body established under the Boundary Waters Treaty of 1909
5 between the United States and Canada to help prevent and
6 settle disputes regarding the use of boundary waters.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 (615 ILCS 50/1.2) (from Ch. 19, par. 119.2)
9 Sec. 1.2. The Authority Department is designated as the
10 agency to control and regulate the diversion of Lake Michigan
11 water and is responsible for apportionment of water diverted
12 from the Lake Michigan watershed. No regional organization,
13 municipality, political subdivision, agency or
14 instrumentality, or any other organization, association or
15 individual within the State of Illinois desiring to divert
16 water from Lake Michigan shall do so without first obtaining
17 a valid allocation permit from the Authority Department. The
18 Authority Department shall not allocate water diverted from
19 Lake Michigan for use outside the boundaries of this State
20 and any other Great Lake state without the approval of the
21 other Great Lakes states and the International Joint
22 Commission. The Authority Department shall cooperate with the
23 International Joint Commission, Federal Agencies and state
24 and local agencies, for the regulation and maintenance of the
25 levels and use of the waters of Lake Michigan and the other
26 Great Lakes.
27 (Source: P.A. 83-1405.)
28 (615 ILCS 50/2) (from Ch. 19, par. 120)
29 Sec. 2. In the execution of the powers herein granted
30 and the duties vested in the Authority Department of Natural
31 Resources, the Authority Department shall make all necessary
32 surveys, collect all necessary data and cooperate and enter
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1 into agreements with any and all agencies of the United
2 States, the International Joint Commission, the Canadian
3 provinces of Ontario and Quebec, other States, municipal
4 corporations of this and other States, regional
5 organizations, public or private corporations, associations
6 and individuals for the formulation of plans and construction
7 of all projects for the regulation and maintenance of the
8 levels of Lake Michigan and for the extraction and
9 utilization of waters taken from Lake Michigan and other
10 resources located in the counties of Cook, DuPage, Kane,
11 Lake, McHenry and Will.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (615 ILCS 50/3) (from Ch. 19, par. 120.1)
14 Sec. 3. The Authority Department on behalf of the State
15 of Illinois shall devise and develop a continuing program for
16 the apportionment of water to be diverted from Lake Michigan
17 among regional organizations, municipalities, political
18 subdivisions, agencies or instrumentalities for domestic
19 purposes or for direct diversion into the Sanitary and Ship
20 Canal to maintain such canal in a reasonably satisfactory
21 sanitary condition; provided, however, that in developing the
22 continuing program and in making allocations, the amount used
23 for discretionary dilution for water quality purposes in the
24 Sanitary and Ship Canal shall not exceed an annual average of
25 320 cubic feet per second and the Authority Department shall
26 not allocate less than 320 cubic feet per second for
27 discretionary dilution before October 1, 2000, without
28 conducting a hearing initiated after notification from the
29 Illinois Environmental Protection Agency of the completion or
30 improvement of waste water treatment facilities or change in
31 standards that affect water quality. In addition to the
32 other requirements of this Act, the Authority Department
33 shall give priority to allocations for domestic purposes in
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1 making allocations to new users of Lake Michigan water, and
2 shall to the extent practicable make any allocations to new
3 users of Lake Michigan water with the goal of reducing
4 withdrawals from the Cambrian-Ordovician aquifer. The
5 Authority Department shall also follow these provisions in
6 developing its continuing program. The Lake Michigan water so
7 diverted, whether by way of pumpage for domestic purposes
8 from the lake the sewage effluent derived from which reaches
9 The Illinois Waterway, or by way of storm runoff from the
10 Lake Michigan watershed which is diverted into the Sanitary
11 and Ship Canal, or by way of direct diversion from the lake
12 into the canal, shall not exceed a 40 year running average of
13 3,200 cubic feet per second and shall not exceed 3,680 cubic
14 feet per second in any annual accounting period except that
15 in any two annual accounting periods within a 40 year period
16 the average annual diversion may not exceed 3,840 cubic feet
17 per second as a result of extreme hydrologic conditions. The
18 program, which shall be published, shall be developed in
19 cooperation with local governmental agencies and other
20 interests; in the development of the program and rules and
21 regulations the Authority Department is authorized to hold
22 public hearings to gather information related thereto.
23 (Source: P.A. 81-1411.)
24 (615 ILCS 50/4) (from Ch. 19, par. 120.2)
25 Sec. 4. The Authority Department of Natural Resources in
26 allocating water from Lake Michigan shall require a metering
27 device or other method of measuring the quantity of all water
28 withdrawn or diverted from Lake Michigan watershed and may
29 require any and all records, information or data which may be
30 reasonably essential to proper accounting for such water.
31 (Source: P.A. 89-445, eff. 2-7-96.)
32 (615 ILCS 50/5) (from Ch. 19, par. 120.3)
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1 Sec. 5. Regional organizations, municipalities, political
2 subdivisions, agencies or instrumentalities, and any other
3 organization, association or individual desiring to use water
4 from Lake Michigan and subject to allocation under this Act
5 shall make application to the Authority Department on forms
6 provided by the such agency which shall include a statement
7 or finding relative to other sources of water or lack thereof
8 within the area, the need for such allocation or
9 apportionment of Lake Michigan water, the purpose or use to
10 be made of the water so allocated, including an estimate of
11 consumptive use, the point of diversion and the location of
12 discharge after use, together with the route the such
13 discharge will follow to reach an identifiable main drain or
14 stream, and whether the such water will in any manner be
15 treated or otherwise altered or changed prior to discharge
16 and release from control by the applicant.
17 The Authority Department in determining each allocation
18 of water under this Act shall consider the water requirements
19 of the Northeastern Illinois Metropolitan Region
20 (specifically the counties of Cook, DuPage, Kane, Lake,
21 McHenry and Will); the Authority Department shall be guided
22 by population, business and economic projections and
23 requirements. The Authority Department shall require that all
24 feasible means reasonably available to the State and its
25 municipalities, political subdivisions, agencies, and
26 instrumentalities shall be employed to conserve and manage
27 the water resources of the region and the use of water
28 therein in accordance with the best modern scientific
29 knowledge and engineering practice.
30 (Source: P.A. 84-993.)
31 (615 ILCS 50/6) (from Ch. 19, par. 120.4)
32 Sec. 6. Allocation of water to be diverted from the Lake
33 Michigan watershed shall be made by the Authority Department
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1 only after notice and hearing except where a water shortage
2 emergency exists, threatening the public health, safety or
3 welfare. Where a water shortage emergency exists, the
4 Authority Department may issue and enter an order for an
5 emergency allocation, but shall, within 60 days thereafter,
6 give notice and conduct a hearing regarding such emergency
7 allocation. The effectiveness of an emergency allocation
8 order shall be immediate and shall last until the Authority
9 Department has issued and entered an order after a hearing
10 regarding the emergency allocation.
11 Conflicting claims relative to the application for
12 allocation shall be made a matter of record at a hearing
13 together with reconciliation by the Authority Department. No
14 allocation shall be in force or take effect until issuance
15 and entry of an order by the Authority Department. Notice of
16 any hearing to be held by the Authority Department shall be
17 by publication not less than twice in a newspaper of general
18 circulation in the immediate as well as the remote area which
19 may be affected by the such diversion; the such publications
20 shall be no longer than one week apart and the hearing shall
21 be held within ten days following date of last publication.
22 In addition, actual notice shall be given to the counties of
23 Cook, DuPage, Kane, Lake, McHenry and Will, and to the City
24 of Chicago, and to the Metropolitan Sanitary District of
25 Greater Chicago.
26 (Source: P.A. 83-694.)
27 (615 ILCS 50/7) (from Ch. 19, par. 120.5)
28 Sec. 7. Failure or neglect to properly utilize an
29 allocation of water made under this Act, abuse or misuse of
30 any allocation, or complaints filed with the Authority
31 Department in writing, shall be cause for the Authority
32 Department, in its discretion, to hold a hearing for the
33 purpose of taking evidence or gathering other information or
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1 data with reference to such subject matter. All persons who
2 may appear in behalf of or in opposition to the petition
3 shall be heard. The Authority Department shall at the
4 conclusion of such hearing enter an order presenting findings
5 and directing a course of action, including changes in
6 allocations previously made.
7 (Source: P.A. 76-1844.)
8 (615 ILCS 50/8) (from Ch. 19, par. 120.6)
9 Sec. 8. Orders entered by the Authority Department of
10 Natural Resources shall be made only after giving due and
11 reasonable notice to persons affected by or having an
12 interest in the subject matter of such order and after a
13 hearing in relation thereto. Any person who shall neglect or
14 refuse or fail to obey any lawful order made by the Authority
15 Department or to carry the same into effect in accordance
16 with the terms thereof shall be guilty of a business offense
17 and shall be liable to a fine of not less than $1000 nor more
18 than $10,000 to be recovered in the name of the People of the
19 State of Illinois in the circuit court.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (615 ILCS 50/9) (from Ch. 19, par. 120.7)
22 Sec. 9. The Authority Department of Natural Resources
23 shall as soon as practicable prescribe and publish reasonable
24 rules and regulations relating to the jurisdiction, diversion
25 and utilization, and, control and regulation of the water
26 from the Lake Michigan watershed; the such rules shall be
27 filed with the Secretary of State as provided by "the
28 Illinois Administrative Procedure Act", approved September
29 22, 1975, as amended. The Such rules and regulations may be
30 amended, from time to time, which shall be published and
31 filed as provided herein.
32 (Source: P.A. 89-445, eff. 2-7-96.)
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1 (615 ILCS 50/10) (from Ch. 19, par. 120.8)
2 Sec. 10. The Authority Department of Natural Resources
3 may make such investigations and conduct such hearings as may
4 be necessary to the performance of its duties under this Act.
5 The Authority Department may issue subpoenas, and may
6 administer oaths in connection with such investigations and
7 hearings. Any person served with a subpoena to appear and
8 testify, or to produce books or papers or reports, and who
9 shall refuse or neglect to appear or to testify, or to
10 produce books or papers or reports, as commanded in such
11 subpoena shall be guilty of a Class B misdemeanor.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (615 ILCS 50/11) (from Ch. 19, par. 120.9)
14 Sec. 11. The Authority Department of Natural Resources
15 may contract for appraisal, legal, engineering, or other
16 professional services which may be necessary, in the
17 discretion of the Authority Department, for the proper
18 exercise of the duties and responsibilities prescribed by
19 this Act.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (615 ILCS 50/12) (from Ch. 19, par. 120.10)
22 Sec. 12. Final orders issued and entered by the Authority
23 Department of Natural Resources under the provisions of this
24 Act shall be subject to the judicial review under pursuant to
25 the provisions of the Administrative Review Law and
26 amendments or modifications thereof.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 (615 ILCS 50/13) (from Ch. 19, par. 120.11)
29 Sec. 13. The Authority Department is directed to request
30 funds for continuing implementation of this Act during the
31 1971 fiscal year 1998 and for each fiscal year thereafter as
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1 a part of the ordinary and contingent expense of the
2 Authority Department.
3 (Source: P.A. 77-163.)
4 (615 ILCS 50/14) (from Ch. 19, par. 120.12)
5 Sec. 14. No regional organization, municipality,
6 political subdivision, agency or instrumentality, or any
7 other organization, association or individual within the
8 State of Illinois, which under Section 1.2 of this Act is not
9 required to obtain a permit to divert Lake Michigan water but
10 which has a new or increased consumptive use of Lake Michigan
11 water in excess of an average of 2 million gallons per day in
12 any 30 day period, shall commence the such new or increased
13 consumptive use without first obtaining a valid consumptive
14 use permit from the Authority Department. A regional
15 organization, municipality, political subdivision, agency or
16 instrumentality, or any other organization, association or
17 individual desiring to consume water from Lake Michigan in
18 excess of 2 million gallons per day in any 30 day period
19 shall make application to the Authority Department on forms
20 provided by the Authority Department, which application shall
21 contain a detailed statement, with supporting documentation,
22 of all the following information: (1) the place of the
23 proposed withdrawal and the place of the proposed consumptive
24 use; (2) the nature and purpose of the proposed consumptive
25 use, including the total annual and monthly volume and rate
26 of the withdrawal; (3) the annual and monthly volume and rate
27 of consumptive use resulting from the withdrawal and the
28 place, volume, and quality of return flows, detailing
29 anticipated physical, chemical and biological alterations of
30 return flow water; and (4) a statement of alternative
31 possibilities for meeting the applicant's need for a
32 consumptive use of Lake Michigan water.
33 In reviewing an application for a consumptive use permit,
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1 the Authority Department shall permit the proposed
2 consumptive use if:
3 (1) It is a reasonable and beneficial use and is
4 necessary to serve the present and future needs of the
5 applicant.;
6 (2) Reasonable conservation practices, measures and
7 technologies are incorporated to minimize the quantity of
8 Lake Michigan water consumed.; and
9 (3) It is consistent with the protection of the public
10 health, safety and welfare, and does not adversely affect the
11 public interest.
12 (Source: P.A. 84-993.)
13 Section 95. The Lake Michigan Shore Line Act is amended
14 by changing Sections 1, 2, 3, and 5 as follows:
15 (615 ILCS 55/1) (from Ch. 19, par. 1141)
16 Sec. 1. The Lake Michigan Protection Authority Division
17 of Water Resources of the Department of Natural Resources
18 shall cause investigations, surveys and studies to be made in
19 cooperation with appropriate federal, State and local
20 agencies with the view to devising effective means or methods
21 of preventing erosion of the shore of Lake Michigan by waves,
22 currents, structures or other elemental and artificial
23 processes, and of preventing or minimizing in the immediate
24 future damage to homes and other buildings and danger to
25 human life resulting from such erosion. Any expenses incident
26 and necessary thereto shall be paid from funds specifically
27 appropriated for this such purpose.
28 (Source: P.A. 89-445, eff. 2-7-96.)
29 (615 ILCS 55/2) (from Ch. 19, par. 1142)
30 Sec. 2. The Lake Michigan Protection Authority Division
31 of Water Resources may in the execution of its powers and
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1 duties under this Act, cooperate and enter into agreements
2 with the proper agencies of the United States government,
3 municipal corporations or political subdivisions of the State
4 or any public or private corporation, organization or
5 individual. These Such agreements may assign to the
6 cooperating agencies, organizations or individuals specific
7 projects, particular phases or portions of any such project
8 or phase for the purposes of this Act and may provide for
9 joint undertakings and contributions of funds or other
10 resources to perform or accomplish any work agreed upon
11 between the parties to these such agreements.
12 (Source: P.A. 81-840.)
13 (615 ILCS 55/3) (from Ch. 19, par. 1143)
14 Sec. 3. The Lake Michigan Protection Authority Division
15 of Water Resources shall work with units of the federal
16 government in an effort to evaluate the influence of the
17 construction at the Great Lakes Naval Training Facility upon
18 the southerly movement of littoral material along the west
19 shore of Lake Michigan.
20 (Source: P.A. 81-840.)
21 (615 ILCS 55/5) (from Ch. 19, par. 1145)
22 Sec. 5. The Lake Michigan Protection Authority Division
23 of Water Resources shall prepare and submit to the Governor,
24 the Secretary of the Senate, the Clerk of the House of
25 Representatives, the members of the General Assembly of the
26 legislative districts abutting Lake Michigan and, upon
27 request, to any other member of the General Assembly, a
28 report summarizing the results of investigations, studies and
29 surveys made under this Act, any agreements entered into to
30 effectuate the purposes of this Act, any recommendations for
31 immediate action to prevent or minimize property damage or
32 danger to human life and any other matters relating to
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1 implementation of this Act. The Such report shall be
2 submitted each year on or before the first day of the annual
3 legislative session if funds were appropriated and made
4 available for expenditure in carrying out this Act for the
5 fiscal year ending on June 30 of the preceding year, except
6 that the recommendations for immediate action described in
7 the first sentence of this Section shall be submitted no
8 later than 120 days after the date on which appropriated
9 funds are made available for expenditure in carrying out this
10 Act.
11 (Source: P.A. 81-840.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.