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| [ Senate Amendment 001 ] |
90_SB0304eng
515 ILCS 5/1-20 from Ch. 56, par. 1-20
Amends the Fish and Aquatic Life Code to make a technical
change to a provision concerning the definition of "aquatic
life".
LRB9002358NTsb
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1 AN ACT regarding natural resources.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Personnel Code is amended by changing
5 Section 4c as follows:
6 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
7 Sec. 4c. General exemptions. The following positions in
8 State service shall be exempt from jurisdictions A, B, and C,
9 unless the jurisdictions shall be extended as provided in
10 this Act:
11 (1) All officers elected by the people.
12 (2) All positions under the Lieutenant Governor,
13 Secretary of State, State Treasurer, State Comptroller,
14 State Board of Education, Clerk of the Supreme Court, and
15 Attorney General.
16 (3) Judges, and officers and employees of the
17 courts, and notaries public.
18 (4) All officers and employees of the Illinois
19 General Assembly, all employees of legislative
20 commissions, all officers and employees of the Illinois
21 Legislative Reference Bureau, the Legislative Research
22 Unit, and the Legislative Printing Unit.
23 (5) All positions in the Illinois National Guard,
24 and Illinois State Guard, paid from federal funds or
25 positions in the State Military Service filled by
26 enlistment and paid from State funds.
27 (6) All employees of the Governor at the executive
28 mansion and on his immediate personal staff.
29 (7) Directors of Departments, the Adjutant General,
30 the Assistant Adjutant General, the Director of the
31 Illinois Emergency Management Agency, members of boards
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1 and commissions, and all other positions appointed by
2 the Governor by and with the consent of the Senate.
3 (8) The presidents, other principal administrative
4 officers, and teaching, research and extension faculties
5 of Chicago State University, Eastern Illinois University,
6 Governors State University, Illinois State University,
7 Northeastern Illinois University, Northern Illinois
8 University, Western Illinois University, the Illinois
9 Community College Board, Southern Illinois University,
10 Illinois Board of Higher Education, University of
11 Illinois, State Universities Civil Service System,
12 University Retirement System of Illinois, and the
13 administrative officers and scientific and technical
14 staff of the Illinois State Museum.
15 (9) All other employees except the presidents,
16 other principal administrative officers, and teaching,
17 research and extension faculties of the universities
18 under the jurisdiction of the Board of Regents and the
19 colleges and universities under the jurisdiction of the
20 Board of Governors of State Colleges and Universities,
21 Illinois Community College Board, Southern Illinois
22 University, Illinois Board of Higher Education, Board of
23 Governors of State Colleges and Universities, the Board
24 of Regents, University of Illinois, State Universities
25 Civil Service System, University Retirement System of
26 Illinois, so long as these are subject to the provisions
27 of the State Universities Civil Service Act.
28 (10) The State Police so long as they are subject
29 to the merit provisions of the State Police Act.
30 (11) The scientific staff of the State Scientific
31 Surveys and the Waste Management and Research Hazardous
32 Waste Research and Information Center.
33 (12) The technical and engineering staffs of the
34 Department of Transportation, the Department of Nuclear
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1 Safety, and of the Illinois Commerce Commission, and the
2 technical and engineering staff providing architectural
3 and engineering services in the Department of Central
4 Management Services.
5 (13) All employees of the Illinois State Toll
6 Highway Commission.
7 (14) The Secretary of the Industrial Commission.
8 (15) All persons who are appointed or employed by
9 the Director of Insurance under authority of Section 202
10 of the Illinois Insurance Code to assist the Director of
11 Insurance in discharging his responsibilities relating to
12 the rehabilitation, liquidation, conservation, and
13 dissolution of companies that are subject to the
14 jurisdiction of the Illinois Insurance Code.
15 (16) All employees of the St. Louis Metropolitan
16 Area Airport Authority.
17 (17) All investment officers employed by the
18 Illinois State Board of Investment.
19 (18) Employees of the Illinois Young Adult
20 Conservation Corps program, administered by the Illinois
21 Department of Natural Resources, authorized grantee under
22 Title VIII of the "Comprehensive Employment and Training
23 Act of 1973", 29 USC 993.
24 (19) Seasonal employees of the Department of
25 Agriculture for the operation of the Illinois State Fair
26 and the DuQuoin State Fair, no one person receiving more
27 than 29 days of such employment in any calendar year.
28 (20) All "temporary" employees hired under the
29 Department of Natural Resources' Illinois Conservation
30 Service, a youth employment program that hires young
31 people to work in State parks for a period of one year or
32 less.
33 (21) All hearing officers of the Human Rights
34 Commission.
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1 (22) All employees of the Illinois Mathematics and
2 Science Academy.
3 (23) All employees of the Kankakee River Valley
4 Area Airport Authority.
5 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
6 Section 10. The Civil Administrative Code of Illinois is
7 amended by changing Section 46.13a as follows:
8 (20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
9 Sec. 46.13a. Environmental Regulatory Assistance Program.
10 (a) The following terms, whenever used or referred to in
11 this Section, shall have the following meanings ascribed to
12 them, except where the context clearly requires otherwise:
13 (1) "Small business stationary source" means a
14 business that is owned or operated by a person that
15 employs 100 or fewer individuals; is a small business; is
16 not a major stationary source as defined in Titles I and
17 III of the federal 1990 Clean Air Act Amendments; does
18 not emit 50 tons or more per year of any regulated
19 pollutant (as defined under the federal Clean Air Act);
20 and emits less than 75 tons per year of all regulated
21 pollutants.
22 (2) "Department" means the Illinois Department of
23 Commerce and Community Affairs.
24 (b) The Department may:
25 (1) Provide access to technical and compliance
26 information for Illinois firms, including small and
27 middle market companies, to facilitate local business
28 compliance with the federal, State and local
29 environmental regulations.
30 (2) Coordinate and enter into cooperative
31 agreements with a State ombudsman office, which shall be
32 established in accordance with the federal 1990 Clean Air
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1 Act Amendments to provide direct oversight to the program
2 established under that Act.
3 (3) Enter into contracts, cooperative agreements,
4 and financing agreements and establish and collect
5 charges and fees necessary or incidental to the
6 performance of duties and the execution of powers under
7 this Section.
8 (4) Accept and expend, subject to appropriation,
9 gifts, grants, awards, funds, contributions, charges,
10 fees and other financial or nonfinancial aid from
11 federal, State and local governmental agencies,
12 businesses, educational agencies, not-for-profit
13 organizations, and other entities, for the purposes of
14 this Section.
15 (5) Establish, staff and administer programs and
16 services and adopt such rules and regulations as may be
17 necessary to carry out the intent of this Section and
18 Section 507, "Small Business Stationary Source Technical
19 and Environmental Compliance Assistance Program", of the
20 federal 1990 Clean Air Act Amendments.
21 (c) The Department's environmental compliance programs
22 and services for businesses may include, but need not be
23 limited to, the following:
24 (1) Communication and outreach services to or on
25 behalf of individual companies, including collection and
26 compilation of appropriate information on regulatory
27 compliance issues and control technologies, and
28 dissemination of such information through publications,
29 direct mailings, electronic communications, conferences,
30 workshops, one-on-one counseling and other means of
31 technical assistance.
32 (2) Provision of referrals and access to technical
33 assistance, pollution prevention and facility audits, and
34 otherwise serving as an information clearinghouse on
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1 pollution prevention through the coordination of the
2 Waste Management and Research Hazardous Waste Research
3 and Information Center, a division of the Department of
4 Natural Resources. In addition, environmental and
5 regulatory compliance issues and techniques, which may
6 include business rights and responsibilities, applicable
7 permitting and compliance requirements, compliance
8 methods and acceptable control technologies, release
9 detection, and other applicable information may be
10 provided.
11 (3) Coordination with and provision of
12 administrative and logistical support to the State
13 Compliance Advisory Panel.
14 (d) There is hereby created a special fund in the State
15 Treasury to be known as the Small Business Environmental
16 Assistance Fund. Monies received under subdivision (b)(4) of
17 this Section shall be deposited into the Fund.
18 Monies in the Small Business Environmental Assistance
19 Fund may be used, subject to appropriation, only for the
20 purposes authorized by this Section.
21 (Source: P.A. 89-445, eff. 2-7-96.)
22 Section 15. The Business Assistance and Regulatory Reform
23 Act is amended by changing Section 15 as follows:
24 (20 ILCS 608/15)
25 Sec. 15. Providing information and expediting permit
26 reviews.
27 (a) The office shall provide an information system using
28 a toll-free business assistance number. The number shall be
29 advertised throughout the State. If requested, the caller
30 will be sent a basic business kit, describing the basic
31 requirements and procedures for doing business in Illinois.
32 If requested, the caller shall be directed to one or more of
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1 the additional services provided by the office. In addition,
2 the office shall have branches located throughout the State
3 to assist persons who prefer not (or who are unable) to use
4 the call system. All persons providing advice to callers on
5 behalf of the office and all persons responsible for directly
6 providing services to persons visiting the office or one of
7 its branches shall be persons with small business experience
8 in an administrative or managerial capacity.
9 (b) The office shall develop and implement a
10 computerized master application procedure to expedite the
11 identification and processing of permits for business
12 undertakings, projects and activities.
13 (1) The application shall be made on a form
14 prescribed by the office, designed primarily for the
15 convenience of applicants confronting requirements of
16 multiple permits from one or more State agencies. The
17 office shall assist any person requesting assistance in
18 completing the application.
19 (2) Upon receipt of a completed master application,
20 the office shall notify each State agency having a
21 possible interest in the proposed business activity.
22 Each agency so notified shall respond within 15 days and
23 advise the office whether one or more permits under its
24 jurisdiction may be required for the activity. The
25 response will also include the fees to be charged. The
26 requirements of this subdivision (b)(2) shall not apply
27 if the master application contained false, misleading or
28 deceptive information, or failed to include pertinent
29 information, the lack of which could reasonably lead a
30 State agency to misjudge the applicability of permits
31 under its jurisdiction, or if new permit requirements or
32 related standards subsequently became effective for which
33 a State agency had no discretion in establishing the
34 effective date. For purposes of this Act, "State agency"
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1 means a department or agency of State government under
2 the jurisdiction and control of the Office of the
3 Governor.
4 (3) After the 15 day notice and response period,
5 the office shall promptly provide the applicant with the
6 necessary application forms and related information for
7 all permits specified by the interested State agencies.
8 Applications may be directly filed with the agencies or
9 with the office, together with the requisite fees. The
10 office may at the request of the applicant conduct a
11 pre-application conference with representatives of the
12 interested State agencies and agencies having
13 responsibilities for business promotion.
14 (c) Any applicant for permits required for a business
15 activity may confer with the office to obtain assistance in
16 the prompt and efficient processing and review of
17 applications. The office may designate an employee of the
18 office to act as a permit assistance manager to:
19 (1) facilitate contacts for the applicant with
20 responsible agencies;
21 (2) arrange conferences to clarify the requirements
22 of interested agencies;
23 (3) consider with State agencies the feasibility of
24 consolidating hearings and data required of the
25 applicant;
26 (4) assist the applicant in resolution of
27 outstanding issues identified by State agencies; and
28 (5) coordinate federal, State and local regulatory
29 procedures and permit review actions to the extent
30 possible.
31 (d) The office shall publish a directory of State
32 business permits and State programs to assist small
33 businesses.
34 (e) The office shall designate "economically distressed
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1 areas", being State enterprise zones that have been
2 designated enterprise zones under the Illinois Enterprise
3 Zone Act because of their high unemployment rate, high
4 poverty rate, or low income. The office shall provide on-site
5 permit assistance in those areas and may require any
6 interested State agency to designate an employee who shall
7 coordinate the handling of permits in that area. Interested
8 State agencies shall, to the maximum extent feasible,
9 establish procedures to expedite applications in economically
10 distressed areas. The office shall attempt to establish
11 agreements with the local governments having jurisdiction in
12 these areas, to allow the office to provide assistance to
13 applicants for permits required by these local governments.
14 (f) The office shall designate permit assistance
15 managers to assist in obtaining the prompt and efficient
16 processing and review of applications for permits required by
17 businesses performing infrastructure projects. Interested
18 State agencies shall, to the maximum extent feasible,
19 establish procedures to expedite applications for
20 infrastructure projects. Applications for permits for
21 infrastructure projects shall be approved or disapproved
22 within 45 days of submission, unless law or regulations
23 specify a different period. If the interested agency is
24 unable to act within that period, the agency shall provide a
25 written notification to the office specifying reasons for its
26 inability to act and the date by which approval or
27 disapproval shall be determined. The office may require any
28 interested State agency to designate an employee who will
29 coordinate the handling of permits in that area.
30 (g) In addition to its responsibilities in connection
31 with permit assistance, the office shall provide general
32 regulatory information by directing businesses to appropriate
33 officers in State agencies to supply the information
34 requested.
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1 (h) The office shall help businesses to locate and apply
2 to training programs available to train current employees in
3 particular skills, techniques or areas of knowledge relevant
4 to the employees' present or anticipated job duties. In
5 pursuit of this objective, the office shall provide
6 businesses with pertinent information about training programs
7 offered by State agencies, units of local government, public
8 universities and colleges, community colleges, and school
9 districts in Illinois.
10 (i) The office shall help businesses to locate and apply
11 to State programs offering to businesses grants, loans, loan
12 or bond guarantees, investment partnerships, technology or
13 productivity consultation, or other forms of business
14 assistance.
15 (j) To the extent authorized by federal law, the office
16 shall assist businesses in ascertaining and complying with
17 the requirements of the federal Americans with Disabilities
18 Act.
19 (k) The office shall provide confidential on-site
20 assistance in identifying problems and solutions in
21 compliance with requirements of the federal Occupational
22 Safety and Health Administration and other State and federal
23 environmental regulations. The office shall work through and
24 contract with the Waste Management and Research Hazardous
25 Waste Research and Information Center to provide confidential
26 on-site consultation audits that (i) assist regulatory
27 compliance and (ii) identify pollution prevention
28 opportunities.
29 (l) The office shall provide information on existing
30 loan and business assistance programs provided by the State.
31 (m) Each State agency having jurisdiction to approve or
32 deny a permit shall have the continuing power heretofore or
33 hereafter vested in it to make such determinations. The
34 provisions of this Act shall not lessen or reduce such powers
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1 and shall modify the procedures followed in carrying out such
2 powers only to the extent provided in this Act.
3 (n) (1) Each State agency shall fully cooperate with the
4 office in providing information, documentation, personnel or
5 facilities requested by the office.
6 (2) Each State agency having jurisdiction of any permit
7 to which the master application procedure is applicable shall
8 designate an employee to act as permit liaison office with
9 the office in carrying out the provisions of this Act.
10 (o) (1) The office has authority, but is not required,
11 to keep and analyze appropriate statistical data regarding
12 the number of permits issued by State agencies, the amount of
13 time necessary for the permits to be issued, the cost of
14 obtaining such permits, the types of projects for which
15 specific permits are issued, a geographic distribution of
16 permits, and other pertinent data the office deems
17 appropriate.
18 The office shall make such data and any analysis of the
19 data available to the public.
20 (2) The office has authority, but is not required, to
21 conduct or cause to be conducted a thorough review of any
22 agency's permit requirements and the need by the State to
23 require such permits. The office shall draw on the review,
24 on its direct experience, and on its statistical analyses to
25 prepare recommendations regarding how to:
26 (i) eliminate unnecessary or antiquated permit
27 requirements;
28 (ii) consolidate duplicative or overlapping permit
29 requirements;
30 (iii) simplify overly complex or lengthy
31 application procedures;
32 (iv) expedite time-consuming agency review and
33 approval procedures; or
34 (v) otherwise improve the permitting processes in
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1 the State.
2 The office shall submit copies of all recommendations
3 within 5 days of issuance to the affected agency, the
4 Governor, the General Assembly, and the Joint Committee on
5 Administrative Rules.
6 (p) The office has authority to review State forms on
7 its own initiative or upon the request of another State
8 agency to ascertain the burden, if any, of complying with
9 those forms. If the office determines that a form is unduly
10 burdensome to business, it may recommend to the agency
11 issuing the form either that the form be eliminated or that
12 specific changes be made in the form.
13 (q) Not later than March 1 of each year, beginning March
14 1, 1995, the office shall submit an annual report of its
15 activities during the preceding year to the Governor and
16 General Assembly. The report shall describe the activities
17 of the office during the preceding year and shall contain
18 statistical information on the permit assistance activities
19 of the office.
20 (Source: P.A. 88-404.)
21 Section 20. The Department of Natural Resources Act is
22 amended by changing Sections 15-5 and 20-5 as follows:
23 (20 ILCS 801/15-5)
24 Sec. 15-5. Office of Scientific Research and Analysis.
25 The Department of Natural Resources shall have within it an
26 Office of Scientific Research and Analysis. The Office shall
27 contain within it a Natural History Survey division, a State
28 Water Survey division, a State Geological Survey division, a
29 Waste Management and Research Hazardous Waste Research and
30 Information Center division, and such other related research
31 functions and responsibilities as may be appropriate provided
32 by law. The Board of Natural Resources and Conservation is
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1 retained as the governing board for the Scientific Surveys
2 and Waste Management and Research Hazardous Waste Research
3 and Information Center.
4 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
5 (20 ILCS 801/20-5)
6 Sec. 20-5. State Museum. The Department of Natural
7 Resources shall have within it a division consisting of the
8 Illinois State Museum, which shall be within the Office of
9 Scientific Research and Analysis. The Board of the Illinois
10 State Museum is retained as the governing board for the State
11 Museum.
12 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
13 Section 25. The Civil Administrative Code of Illinois is
14 amended by changing Section 63a and by adding Sections 63b1.2
15 and 63b2.9 as follows:
16 (20 ILCS 805/63a) (from Ch. 127, par. 63a)
17 Sec. 63a. The Department of Natural Resources has the
18 powers enumerated in Sections 63a1 through 63b2.9 63b2.8.
19 (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
20 (20 ILCS 805/63b1.2 new)
21 Sec. 63b1.2. Indirect cost reimbursements. Indirect
22 cost reimbursements applied for by the Department of Natural
23 Resources may be allocated as State matching funds. Any
24 indirect cost reimbursement applied for and received by the
25 Department shall be deposited to the same fund as the direct
26 cost and may be expended, subject to appropriation, for
27 support of programs administered by the Department of Natural
28 Resources.
29 (20 ILCS 805/63b2.9 new)
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1 Sec. 63b2.9. Grants and contracts. To accept, receive,
2 expend, and administer, including by grant, agreement, or
3 contract, those funds that are made available to the
4 Department from the federal government and other public and
5 private sources in the exercise of its statutory powers and
6 duties.
7 The Department may make grants to other State agencies,
8 universities, not-for-profit organizations and local
9 governments, pursuant to an appropriation in the exercise of
10 its statutory powers and duties.
11 Section 30. The Energy Conservation and Coal Development
12 Act is amended by changing Section 16 as follows:
13 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
14 Sec. 16. Battery Task Force.
15 (a) Within the Department is created a Battery Task
16 Force to be comprised of (i) the Director of the Department
17 who shall serve as chair of the Task Force; (ii) the Director
18 of the Environmental Protection Agency; (iii) the Director
19 of the Waste Management and Research Hazardous Waste Research
20 and Information Center; and (iv) 15 persons who shall be
21 appointed by the Director of the Department, including 2
22 persons representing an environmental organization, 2 persons
23 representing the battery cell industry, 2 persons
24 representing the rechargeable powered tool/device industry, 3
25 representatives from local government with residential
26 recycling programs (including one from a municipality with
27 more than a million people), one person representing the
28 retail industry, one person representing a consumer group, 2
29 persons representing the waste management industry, one
30 person representing a recycling firm, and one person
31 representing a citizens' group active in local solid waste
32 issues.
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1 (b) The Task Force shall prepare a report of its
2 findings and recommendations and shall present the report to
3 the Governor and the General Assembly on or before April 1,
4 1993. Among other things, the Task Force shall evaluate:
5 (1) collection, storage, and processing systems for
6 the recycling and proper management of common household
7 batteries and rechargeable battery products generated by
8 consumers, businesses, institutions, and governmental
9 units;
10 (2) public education programs that promote waste
11 reduction, reuse, and recycling strategies for household
12 batteries;
13 (3) disposal bans on specific household batteries
14 or rechargeable battery products;
15 (4) management options for rechargeable tools and
16 appliances;
17 (5) technical and financial assistance programs for
18 local governments;
19 (6) guidelines and regulations for the storage,
20 transportation, and disposal of household batteries;
21 (7) labeling requirements for household batteries
22 and battery packaging;
23 (8) metal content limits and sale restrictions for
24 carbon-zinc, nickel-cadmium, and button batteries;
25 (9) market development options for materials
26 recovered from household batteries;
27 (10) industry waste reduction developments,
28 including substitution of longer-life, rechargeable and
29 recyclable batteries, substitution of alternative
30 products which do not require batteries, increased use of
31 power-source adapters, and use of replaceable batteries
32 in battery-powered appliances; and
33 (11) the feasibility of reverse distribution of
34 batteries.
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1 The Task Force shall review, evaluate, and compare
2 existing battery management and collection systems and
3 studies including those used from other states, the European
4 Community, and other major industrial nations. The Task Force
5 shall consult with manufacturers and the public to determine
6 the most cost effective and efficient means for battery
7 management.
8 (Source: P.A. 87-1250; 88-45.)
9 Section 35. The Hazardous Waste Technology Exchange
10 Service Act is amended by changing Sections 3, 4, 5, and 6 as
11 follows:
12 (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
13 Sec. 3. For the purposes of this Act, unless the context
14 otherwise requires:
15 (a) "Board" means the Board of Natural Resources and
16 Conservation of the Department of Natural Resources.
17 (b) "Center" means the Waste Management and Research
18 Hazardous Waste Research and Information Center of the
19 Department of Natural Resources.
20 (c) "Department" means the Department of Natural
21 Resources.
22 (Source: P.A. 89-445, eff. 2-7-96.)
23 (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
24 Sec. 4. Waste Management and Research Center. As soon as
25 may be practicable after the effective date of this Act, the
26 Department shall establish a Hazardous Waste Research and
27 Information Center. On and after the effective date of this
28 amendatory Act of 1997, that Center shall be known as the
29 Waste Management and Research Center.
30 (Source: P.A. 86-652.)
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1 (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
2 Sec. 5. Duties of Center; Industrial Advisory Committee.
3 (a) The Waste Management and Research Hazardous Waste
4 Research and Information Center shall:
5 (1) Conduct educational programs to further the
6 exchange of information to reduce the generation of
7 hazardous wastes or to treat or dispose of such wastes so
8 as to make them nonhazardous.
9 (2) Provide a technical information service for
10 industries involved in the generation, treatment, or
11 disposal of hazardous wastes.
12 (3) Disseminate information regarding advances in
13 hazardous waste management technology which could both
14 protect the environment and further industrial
15 productivity.
16 (4) Provide research in areas related to reduction
17 of the generation of hazardous wastes; treatment,
18 recycling and reuse; and other issues which the Board may
19 suggest.
20 (5) Provide other services as deemed necessary or
21 desirable by the Board.
22 (6) Submit a biennial report to the General
23 Assembly on Center activities.
24 (b) The Director of the Department shall be responsible
25 for the administration of the Center.
26 (c) The Department shall have the authority to accept,
27 receive and administer on behalf of the Center any grants,
28 gifts or other funds made available for purposes of this Act.
29 (d) The Board shall (1) provide policy guidelines and
30 goals for the Center; (2) approve the Center's budget; (3)
31 approve any reports; and (4) otherwise direct the Center in
32 accordance with its statutory powers and duties contained in
33 Section 6 of "An Act in relation to natural resources,
34 research, data collection and environmental studies",
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1 approved July 14, 1978, as amended.
2 (e) The Director shall appoint an Industrial Advisory
3 Committee which shall be composed of representatives of
4 industries which are involved in the generation, treatment or
5 disposal of hazardous waste, or representatives of
6 organizations of such industries. To the extent possible,
7 the Director shall choose members representing large and
8 small industries from all geographical areas of the State.
9 Members of the Industrial Advisory Committee shall receive no
10 compensation but may be reimbursed for reasonable expenses
11 incurred in carrying out their duties.
12 The Industrial Advisory Committee shall advise the
13 Department on programs, services and activities necessary to
14 assist large and small businesses in economically reducing,
15 through source reduction, treatment and recycling, the amount
16 and toxicity of hazardous waste to be disposed of on or in
17 the land.
18 (Source: P.A. 86-652.)
19 (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
20 Sec. 6. Appropriations. For the purpose of maintaining
21 the Waste Management and Research Hazardous Waste Research
22 and Information Center, paying the expenses and providing the
23 facilities and structures incident thereto, appropriations
24 shall be made to the Department, payable from the Hazardous
25 Waste Research Fund and other funds in the State Treasury.
26 (Source: P.A. 86-652.)
27 Section 40. The State Finance Act is amended by changing
28 Section 6z-32 as follows:
29 (30 ILCS 105/6z-32)
30 Sec. 6z-32. Conservation 2000.
31 (a) The Conservation 2000 Fund and the Conservation 2000
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1 Projects Fund are created as special funds in the State
2 Treasury. These funds shall be used to establish a
3 comprehensive program to protect Illinois' natural resources
4 through cooperative partnerships between State government and
5 public and private landowners. Moneys in these Funds may be
6 used, subject to appropriation, by the Environmental
7 Protection Agency and the Departments of Agriculture,
8 Conservation, Energy and Natural Resources, and
9 Transportation for purposes relating to natural resource
10 protection, recreation, tourism, and compatible agricultural
11 and economic development activities. Without limiting these
12 general purposes, moneys in these Funds may be used, subject
13 to appropriation, for the following specific purposes:
14 (1) To foster sustainable agriculture practices and
15 control soil erosion and sedimentation, including grants
16 to Soil and Water Conservation Districts for conservation
17 practice cost-share grants and for personnel,
18 educational, and administrative expenses.
19 (2) To establish and protect a system of ecosystems
20 in public and private ownership through conservation
21 easements, incentives to public and private landowners,
22 including technical assistance and grants, and land
23 acquisition provided these mechanisms are all voluntary
24 on the part of the landowner and do not involve the use
25 of eminent domain.
26 (3) To develop a systematic and long-term program
27 to effectively measure and monitor natural resources and
28 ecological conditions through investments in technology
29 and involvement of scientific experts.
30 (4) To initiate strategies to enhance, use, and
31 maintain Illinois' inland lakes through education,
32 technical assistance, research, and financial incentives.
33 (5) To conduct an extensive review of existing
34 Illinois water laws.
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1 (b) The State Comptroller and State Treasurer shall
2 automatically transfer on the last day of each month,
3 beginning on September 30, 1995 and ending on June 30, 2001,
4 from the General Revenue Fund to the Conservation 2000 Fund,
5 an amount equal to 1/10 of the amount set forth below in
6 fiscal year 1996 and an amount equal to 1/12 of the amount
7 set forth below in each of the other specified fiscal years:
8 Fiscal Year Amount
9 1996 $ 3,500,000
10 1997 $ 9,000,000
11 1998 $10,000,000
12 1999 $11,000,000
13 2000 $12,500,000
14 2001 $14,000,000
15 (c) There shall be deposited into the Conservation 2000
16 Projects Fund such bond proceeds and other moneys as may,
17 from time to time, be provided by law.
18 (Source: P.A. 89-49, eff. 6-29-95; 89-626, 8-9-96; revised
19 12-10-96.)
20 Section 45. The Illinois Pension Code is amended by
21 changing Section 15-106 as follows:
22 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
23 Sec. 15-106. Employer. "Employer": The University of
24 Illinois, Southern Illinois University, Chicago State
25 University, Eastern Illinois University, Governors State
26 University, Illinois State University, Northeastern Illinois
27 University, Northern Illinois University, Western Illinois
28 University, the State Board of Higher Education, the Illinois
29 Mathematics and Science Academy, the State Geological Survey
30 Division of the Department of Natural Resources, the State
31 Natural History Survey Division of the Department of Natural
32 Resources, the State Water Survey Division of the Department
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1 of Natural Resources, the Waste Management and Research
2 Hazardous Waste Research and Information Center of the
3 Department of Natural Resources, the University Civil Service
4 Merit Board, the Board of Trustees of the State Universities
5 Retirement System, the Illinois Community College Board,
6 State Community College of East St. Louis, community college
7 boards, any association of community college boards organized
8 under Section 3-55 of the Public Community College Act, and,
9 only during the period for which employer contributions
10 required under Section 15-155 are paid, the following
11 organizations: the alumni associations, the foundations and
12 the athletic associations which are affiliated with the
13 universities and colleges included in this Section as
14 employers. A department as defined in Section 14-103.04 is an
15 employer for any person appointed by the Governor under the
16 Civil Administrative Code of Illinois the State who is a
17 participating employee as defined in Section 15-109.
18 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
19 Section 50. The Civil Administrative Code of Illinois is
20 amended by changing Section 62 as follows:
21 (110 ILCS 355/62) (from Ch. 127, par. 62)
22 Sec. 62. Retention of duties by University of Illinois.
23 Unless otherwise provided by law, the functions and duties
24 formerly exercised by the State entomologist, the State
25 laboratory of natural history, the State water survey and the
26 State geological survey and vested in the Illinois Department
27 of Natural Resources, and the functions and duties of the
28 Waste Management and Research Hazardous Waste Research and
29 Information Center and its Hazardous Materials Laboratory as
30 authorized by the Hazardous Waste Technology Exchange Service
31 Act, approved September 16, 1984, as now or hereafter
32 amended, shall continue to be exercised at the University of
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1 Illinois in buildings and places provided by the trustees
2 thereof.
3 (Source: P.A. 89-445, eff. 2-7-96.)
4 Section 55. The Surface Coal Mining Land Conservation and
5 Reclamation Act is amended by changing Sections 1.03, 1.04,
6 1.05, 2.08, 6.07, 6.08, 7.03, 7.04, and 9.01 as follows:
7 (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
8 Sec. 1.03. Definitions.
9 (a) Whenever used or referred to in this Act, unless a
10 different meaning clearly appears from the context;
11 (1) "Affected land" means:
12 (A) in the context of surface mining
13 operations, the areas described in Section
14 1.03(a)(24)(B), and
15 (B) in the context of underground mining
16 operations, surface areas on which such operations
17 occur or where such activities disturb the natural
18 land surface.
19 (2) "Approximate original contour" means that
20 surface configuration achieved by backfilling and grading
21 of the mined area so that the reclaimed area, including
22 any terracing or access roads, closely resembles the
23 general surface configuration of the land prior to mining
24 and blends into and compliments the drainage pattern of
25 the surrounding terrain, with all highwalls and spoil
26 piles eliminated.
27 (3) "Article" means an article of this Act.
28 (4) "Department" means the Department of Natural
29 Resources, or such department, bureau, or commission as
30 may lawfully succeed to the powers and duties of such
31 Department.
32 (5) "Director" means the Director of the Department
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1 or such officer, bureau or commission as may lawfully
2 succeed to the powers and duties of such Director.
3 (6) "Federal Act" means the Federal Surface Mining
4 Control and Reclamation Act of 1977 (Public Law 95-87).
5 (7) "Imminent danger to the health and safety of
6 the public" means the existence of any condition or
7 practice, or any violation of a permit or other
8 requirement of this Act in a mining and reclamation
9 operation, which condition, practice, or violation could
10 reasonably be expected to cause substantial physical harm
11 to persons outside the permit area before such condition,
12 practice, or violation can be abated. A reasonable
13 expectation of death or serious injury before abatement
14 exists if a rational person, subjected to the same
15 conditions or practices giving rise to the peril, would
16 not expose himself to the danger during the time
17 necessary for abatement.
18 (8) (Blank).
19 (9) "Interagency Committee" means the Interagency
20 Committee on Surface Mining Control and Reclamation
21 created by Section 1.05.
22 (9-a) "Lands eligible for remining" means those
23 lands that would otherwise be eligible for expenditures
24 under the Abandoned Mined Lands and Water Reclamation
25 Act.
26 (10) "Mining and reclamation operations" means
27 mining operations and all activities necessary and
28 incident to the reclamation of such operations.
29 (11) "Mining operations" means both surface mining
30 operations and underground mining operations.
31 (12) "Operator" means any person engaged in coal
32 mining, and includes political subdivisions, units of
33 local government and instrumentalities of the State of
34 Illinois, and public utilities.
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1 (13) "Permit" means a permit or a revised permit to
2 conduct mining operations and reclamation issued by the
3 Department under this Act.
4 (14) "Permit applicant" or "applicant" means a
5 person applying for a permit.
6 (15) "Permit application" or "application" means an
7 application for a permit under this Act.
8 (16) "Permit area" means the land described in the
9 permit.
10 (17) "Permittee" means a person holding a permit.
11 (18) "Permit term" means the period during which
12 the permittee may engage in mining operations under a
13 permit.
14 (19) "Person" means an individual, partnership,
15 copartnership, firm, joint venture, company, corporation,
16 association, joint stock company, trust, estate,
17 political subdivision, or any other public or private
18 legal entity, or their legal representative, agent or
19 assigns.
20 (20) "Reclamation" means conditioning areas
21 affected by mining operations to achieve the purposes of
22 this Act.
23 (21) "Reclamation plan" means a plan described in
24 Section 2.03.
25 (22) "Regulations" means regulations promulgated
26 under the Federal Act.
27 (23) "Section" means a section of this Act.
28 (24) "Surface mining operations" means (A)
29 activities conducted on the surface of lands in
30 connection with a surface coal mine or surface
31 operations. Such activities include excavation for the
32 purpose of obtaining coal including such common methods
33 as contour, strip, auger, mountaintop removal, box cut,
34 open pit, and area mining, coal recovery from coal waste
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1 disposal areas, the uses of explosives and blasting, and
2 in situ distillation or retorting, leaching or other
3 chemical or physical processing, and the cleaning,
4 concentrating, or other processing or preparation,
5 loading of coal at or near the mine site; and (B) the
6 areas on which such activities occur or where such
7 activities disturb the natural land surface. Such areas
8 include any adjacent land the use of which is incidental
9 to any such activities, all lands affected by the
10 construction of new roads or the improvement or use of
11 existing roads to gain access to the site of such
12 activities and for haulage, and excavations, workings,
13 impoundments, dams, refuse banks, dumps, stockpiles,
14 overburden piles, spoil banks, culm banks, tailings,
15 holes or depressions, repair areas, storage areas,
16 processing areas, shipping areas and other areas upon
17 which are sited structures, facilities, or other property
18 or materials on the surface, resulting from or incident
19 to such activities.
20 (25) "Toxic conditions" and "toxic materials" mean
21 any conditions and materials that will not support higher
22 forms of plant or animal life in any place in connection
23 with or as a result of the completion of mining
24 operations.
25 (26) "Underground mining operations" means the
26 underground excavation of coal and (A) surface operations
27 incident to the underground extraction of coal, such as
28 construction, use, maintenance, and reclamation of roads,
29 above-ground repair areas, storage areas, processing
30 areas, shipping areas, areas on which are sited support
31 facilities including hoist and ventilation ducts, areas
32 used for the storage and disposal of waste, and areas on
33 which materials incident to underground mining operations
34 are placed, and (B) underground operations incident to
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1 underground excavation of coal, such as underground
2 construction, operation, and reclamation of shafts,
3 adits, underground support facilities, in situ
4 processing, and underground mining, hauling, storage, or
5 blasting.
6 (27) "Unwarranted failure to comply" means the
7 failure of a permittee to prevent the occurrence of or to
8 abate any violation of his permit or any requirement of
9 this Act due to indifference, lack of diligence, or lack
10 of reasonable care.
11 The Department shall by rule define other terms used in
12 this Act if necessary or desirable to achieve the purposes of
13 this Act.
14 (Source: P.A. 89-445, eff. 2-7-96.)
15 (225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04)
16 Sec. 1.04. Advisory Council on Reclamation.
17 (a) There is created the Surface Mining Advisory Council
18 to consist of 9 members, plus the Director or his or her
19 designee. Members of the Advisory Council shall be appointed
20 by the Governor, with the advice and consent of the Senate.
21 The members appointed to the Council shall represent the
22 following interests: conservation, agriculture, surface coal
23 mining industry, local government, environmental protection,
24 the colleges and universities, underground coal mining
25 industry, labor, and the general public. The members shall
26 be knowledgeable concerning the nature of problems of mining
27 operations and reclamation. The Council shall select from
28 its members a chairperson and such other officers as it deems
29 necessary. The term of membership on the Advisory Council
30 shall be 3 years, except that the Governor may make initial
31 appointments or fill vacancies for lesser terms so that at
32 least 3 memberships expire annually. Members may be
33 reappointed. Vacancies occurring on the Advisory Council
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1 shall be filled, as nearly as possible, with a person
2 representing the interest of his or her predecessor on the
3 Advisory Council. Members of the Council shall be reimbursed
4 for ordinary and necessary expenses incurred in the
5 performance of the Council's duties. Members of the Council
6 shall, in addition, receive $100 a day for each day spent in
7 the performance of their duties as Advisory Council members.
8 (b) The Advisory Council shall meet at least 3 times in
9 each calendar year on a date specified at least one week in
10 advance of the meeting. A meeting may be called by the
11 Director or on the request of a majority of Advisory Council
12 members.
13 (c) The Council shall act solely as an advisory body to
14 the Director and to the Land Reclamation Division of the
15 Office of Mines and Minerals within the Department. The
16 recommendations of the Council shall have no binding effect
17 on the Director or on the Division of Land Reclamation. The
18 advice, findings and recommendations of the Advisory Council
19 shall be made public in a semi-annual report published by the
20 Department.
21 (d) The Department shall present proposed rules related
22 to this Act, and proposed changes in such rules, to the
23 Advisory Council for its comments before putting such rules
24 or changes into effect, except for circumstances of emergency
25 or other circumstances enumerated in subsection 5(b), (d) and
26 (e) of The Illinois Administrative Procedure Act.
27 (e) The Council shall review the Federal Act and the
28 development and implementation of an approved permanent State
29 program thereunder. The Council shall make its review and
30 written recommendations to the Director. The Council may
31 seek comment from affected persons and the public prior to
32 making its recommendations.
33 (f) If as a result of any final action by the Congress
34 of the United States, any agency of the United States, or any
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1 court, any provision of the Federal Act or the Regulations is
2 amended, modified, construed, or rendered inapplicable to
3 mining and reclamation operations in this State, the Director
4 shall forthwith call a meeting of the Council. The Council
5 shall review such final action and its effect in this State.
6 The Council shall recommend changes in this Act and the rules
7 adopted under this Act which would cause application of this
8 Act to reflect such final action. Pending formal amendment
9 of this Act for reason stated in this subsection, the
10 Director may administer this Act by emergency regulations in
11 accordance with the purposes of this Act and in a manner
12 consistent with any such final action of Congress, a federal
13 agency or a court.
14 (Source: P.A. 81-1015.)
15 (225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
16 Sec. 1.05. Interagency Committee. There is created the
17 Interagency Committee on Surface Mining Control and
18 Reclamation, which shall consist of the Director (or Division
19 Head) of each of the following State agencies: (a) the
20 Department of Agriculture, (b) the Environmental Protection
21 Agency, (c) the Department of Commerce and Community Affairs,
22 and (d) any other State Agency designated by the Director as
23 having a programmatic role in the review or regulation of
24 mining operations and reclamation whose comments are expected
25 by the Director to be relevant and of material benefit to the
26 process of reviewing permit applications under this Act. The
27 Interagency Committee on Surface Mining Control and
28 Reclamation shall be abolished on June 30, 1997. Beginning
29 July 1, 1997, all programmatic functions formerly performed
30 by the Interagency Committee on Surface Mining Control and
31 Reclamation shall be performed by the Office of Mines and
32 Minerals within the Department of Natural Resources, except
33 as otherwise provided by Section 9.04 of this Act.
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1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08)
3 Sec. 2.08. Standards for approval of permits and
4 revisions.
5 (a) On the basis of a complete application, or a
6 revision thereof, and after completion of the procedures
7 required by Section 2.04, the Department shall grant, require
8 modification of, or deny the application. The applicant
9 shall have the burden of establishing that its application
10 complies with all the requirements of this Act.
11 (b) No permit or revised permit shall be issued unless
12 the application affirmatively demonstrates, and the
13 Department finds that (1) the application is accurate and
14 complete and that all the requirements of this Act have been
15 complied with; (2) the applicant has demonstrated that
16 reclamation as required by this Act can be accomplished under
17 this reclamation plan and that completion of the reclamation
18 plan will in fact comply with every applicable performance
19 standard of this Act; (3) the assessment of the probable
20 cumulative impact of all anticipated mining in the area on
21 the hydrologic balance specified by the Department by rule
22 has been made by the Department and the proposed mining
23 operation has been designed to prevent material damage to
24 hydrologic balance outside the permit area; and (4) the area
25 proposed to be mined is not included within an area
26 designated unsuitable for surface coal mining under Article
27 VII and is not within an area under study for such
28 designation in an administrative proceeding commenced under
29 Article VII. Except for operations subject to exemption by
30 Section 510(d)(2) of the Federal Act (PL95-87), a permit or
31 revised permit for mining operations on prime farmland may be
32 issued only if the Department also finds in writing that the
33 operator has the technological capability to restore such
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1 mined area, within a reasonable time, to equivalent or higher
2 levels of yield as non-mined prime farmland in the
3 surrounding area under equivalent levels of management and
4 can meet the soil reconstruction standards in Section 3.07.
5 Such findings shall be made in accordance with standards and
6 procedures adopted by the Department by rule. The Department
7 shall make the findings required by this subsection in
8 writing on the basis of the information set forth in the
9 application, or from information otherwise available which is
10 described in the Department's findings and made available to
11 the applicant and the public.
12 (c) A permit or revised permit may be issued only after
13 the Department considers in writing any comments filed by
14 members of the Interagency Committee and County Boards. When
15 a complete application is received by the Department, a copy
16 of it shall be provided to each member of the Interagency
17 Committee. Members of the Interagency Committee shall review
18 and comment on protection of the hydrologic system, water
19 pollution control, the reclamation plan, soil handling
20 techniques, dams and impoundments and postmining land use.
21 Comments on the application shall be in writing and shall be
22 filed with the Department within 45 days. Each member's
23 comments shall be based on factual, legal and technical
24 considerations with respect to which his agency has
25 authority, and which shall be set forth in writing. A
26 member who does not comment within 45 days shall be deemed to
27 have waived his right to comment under this subsection. The
28 Department shall file comments received from Interagency
29 Committee members at the same locations at which the permit
30 application is available for public inspection in accordance
31 with Section 2.04.
32 (d) If information available to the Department indicates
33 that any mining operation owned or controlled by the
34 applicant is currently in violation of this Act or other laws
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1 pertaining to air or water environmental protection, the
2 permit shall not be issued until the applicant submits proof
3 that such violation has been corrected or is in the process
4 of being corrected to the satisfaction of the Department, or
5 of the department or agency which has jurisdiction over such
6 violation. No permit shall be issued to an applicant after a
7 finding by the Department, after opportunity for hearing,
8 that the applicant, or the operator specified in the
9 application, controls or has controlled mining operations
10 with a demonstrated pattern of wilful violations of the
11 Federal Act or this Act of such nature and duration and with
12 such resulting irreparable damage to the environment as to
13 indicate an intent not to comply with the provisions of the
14 Federal Act or this Act.
15 (e) After the effective date of this amendatory Act of
16 1997, the prohibition of subsection (d) shall not apply to a
17 permit application due to any violation resulting from an
18 unanticipated event or condition at a surface coal mining
19 operation on lands eligible for remining under a permit held
20 by the person making such application.
21 As used in this subsection:
22 (1) "unanticipated event or condition" means an
23 event or condition encountered in a remining operation
24 that was not contemplated in the applicable surface coal
25 mining and reclamation permit; and
26 (2) "violation" has the same meaning as such term
27 has under subsection (d).
28 (Source: P.A. 81-1015.)
29 (225 ILCS 720/6.07) (from Ch. 96 1/2, par. 7906.07)
30 Sec. 6.07. Forfeiture.
31 (a) The Attorney General, on request of the Department,
32 shall institute proceedings to have the bond of the operator
33 forfeited for violation by the operator of any of the
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1 provisions of this Act or for noncompliance with any lawful
2 rule or regulation promulgated by the Department thereunder.
3 Before making such request of the Attorney General, the
4 Department shall notify the operator in writing of the
5 alleged violation or non-compliance and shall afford the
6 operator the right to appear before the Department at a
7 hearing to be held not less than 30 days after the receipt of
8 such notice by the operator. At the hearing the operator may
9 present for the consideration of the Department statements,
10 documents and other information with respect to the alleged
11 violation. After the conclusion of the hearing, the
12 Department shall either withdraw the notice of violation or
13 shall request the Attorney General to institute proceedings
14 to have the bond of the operator forfeited as to the land
15 involved.
16 (b) The Department shall prescribe by rule the events
17 and conditions on the basis of which it may request the
18 Attorney General to institute bond forfeiture proceedings.
19 Such rules shall be no less stringent than the Regulations.
20 (c) In the event that the Department requests the
21 Attorney General to institute proceedings to have the bond
22 forfeited, the Department shall send written notification to
23 the permittee and, if applicable, the surety on the bond,
24 stating the reasons for its decision and the amount to be
25 forfeited.
26 (d) The amount of forfeiture shall be based on the
27 actual cost of the necessary work by a third party to remedy
28 the violation, except that the amount shall not exceed the
29 amount of the bond or deposit for the area in which the
30 violation occurred.
31 (e) Any operator against whom forfeiture proceedings
32 have been required shall not be issued a permit for further
33 mining in Illinois unless he provides additional assurances
34 satisfactory to the Department that such proceedings will not
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1 again become necessary.
2 (f) In the event the bond or deposit for a surface coal
3 mining operation on lands eligible for remining is forfeited,
4 funds appropriated for expenditure under the Abandoned Mined
5 Lands and Water Reclamation Act may be used if the amount of
6 the bond or deposit is not sufficient to provide for adequate
7 reclamation or abatement.
8 (Source: P.A. 81-1015.)
9 (225 ILCS 720/6.08) (from Ch. 96 1/2, par. 7906.08)
10 Sec. 6.08. Release of bonds.
11 (a) A permittee may file a request with the Department
12 for the release of all or part of a performance bond or
13 deposit. Within 30 days after an application for such release
14 has been filed with the Department, the operator shall submit
15 a copy of a public notice placed at least once a week for 4
16 successive weeks in a newspaper of general circulation in the
17 locality of the mining operation. Such public notice shall
18 be considered part of the bond release application and shall
19 contain a notification of the precise location of the land
20 affected, the number of acres, the permit and the date it was
21 approved, the amount of the bond filed and the portion sought
22 to be released, the type and approximate dates of reclamation
23 work performed, and a description of the results achieved as
24 they relate to the operator's approved reclamation. In
25 addition, as part of any bond release application, the
26 applicant shall submit copies of letters which he has sent to
27 adjoining property owners, local governmental bodies, county
28 boards, planning agencies, and sewage and water treatment
29 authorities, or water companies in the locality in which the
30 mining and reclamation operations took place, notifying them
31 of his intention to seek release from the bond.
32 (b) Within 30 days after receipt of the notification and
33 request, the Department shall conduct an inspection and
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1 evaluation of the reclamation work involved. Such evaluation
2 shall consider, among other things, the degree of difficulty
3 to complete any remaining reclamation, whether pollution of
4 surface and subsurface water is occurring, the probability of
5 continuance or future occurrence of such pollution, and the
6 estimated cost of abating such pollution.
7 (c) Any person with a valid legal interest which might
8 be adversely affected by release of the bond or deposit, or
9 the responsible officer or head of any Federal, State, or
10 local governmental agency which has jurisdiction by law or
11 special expertise with respect to any environmental, social,
12 or economic impact involved in the operation, or is
13 authorized to develop and enforce environmental standards
14 with respect to such operations, may file written objections
15 to the proposed release with the Department within 30 days
16 after the last publication of the notice provided in
17 subsection (a) of this Section. If written objections are
18 filed, and a hearing is requested, the Department shall
19 inform all interested parties of the time and place of the
20 hearing, and shall hold a public hearing in the locality of
21 the mining operation proposed for bond or deposit release
22 within 30 days after the request for such hearing. At the
23 option of an objector, hearings shall be held at the State
24 capital. The Department shall advertise the date, time and
25 location of such public hearings in a newspaper of general
26 circulation in the locality for 2 consecutive weeks.
27 (d) The Department may release in whole or in part said
28 bond or deposit if the Department is satisfied the
29 reclamation covered by the bond or deposit or portion thereof
30 has been accomplished as required by this Act according to
31 the following schedule:
32 (1) When the operator completes the backfilling,
33 regrading, and drainage control of a bonded area in
34 accordance with an approved reclamation plan, a maximum of 60
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1 per cent of the bond or collateral for the applicable permit
2 area may be released.
3 (2) After revegetation has been established on the
4 regraded mined lands in accordance with the approved
5 reclamation plan, an additional amount of the bond or deposit
6 may be released. When determining the amount of bond or
7 deposit to be released after successful revegetation has been
8 established, the Department shall retain that amount of bond
9 or deposit for the revegetated area which would be sufficient
10 for a third party to pay the cost of reestablishing
11 revegetation and for the period specified for operator
12 responsibility. No part of the bond or deposit shall be
13 released under this paragraph so long as the lands to which
14 the release would be applicable are contributing suspended
15 solids to streamflow or runoff outside the permit area in
16 excess of the requirements set by this Act or until soil
17 productivity for prime farmlands has returned to equivalent
18 levels of yield as nonmined land of the same soil type in the
19 surrounding area under equivalent management practices.
20 (3) When the operator has successfully completed all
21 mining and reclamation activities, the remaining portion of
22 the bond may be released, but not before the expiration of
23 the period specified for operator responsibility.
24 (4) No bond shall be fully released until all
25 reclamation requirements of the permit and this Act are fully
26 met.
27 (e) The Department shall notify the permittee in writing
28 of its decision to release or not to release all or part of
29 the performance bond or deposit (1) within 60 days after the
30 filing of the request, if no public hearing is held under
31 subsection (c) of this Section, or (2) if a public hearing
32 has been held under subsection (c) of this Section, within 30
33 days thereafter.
34 (f) If the Department disapproves the application for
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1 release of the bond or deposit or portion thereof, the
2 Department shall state in writing the reasons for disapproval
3 and shall recommend corrective actions necessary to secure
4 said release. An opportunity for a public hearing shall be
5 provided.
6 (g) If the Department approves the application, it shall
7 notify the municipality and county in which the mining
8 operation is located by certified mail at least 30 days prior
9 to the release of all or a portion of the bond or deposit.
10 (h) The Department may by rule provide procedures for
11 the administration of this Section, including procedures for
12 hearings and informal conferences.
13 (i) Surface coal mining operations on lands eligible for
14 remining shall not affect the eligibility of those lands for
15 reclamation and restoration under the Abandoned Mined Lands
16 and Water Reclamation Act after the release of the bond or
17 deposit for any such operation under this Section.
18 (Source: P.A. 81-1509.)
19 (225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03)
20 Sec. 7.03. Procedure for designation.
21 (a) Any person having an interest which is or may be
22 adversely affected shall have the right to petition the
23 Department to have an area designated as unsuitable for all
24 or certain types of mining operations, or to have such a
25 designation terminated. Such a petition shall contain
26 allegations of facts with supporting evidence which would
27 tend to establish the allegations.
28 (b) Immediately after a petition under this Section is
29 received, the Department shall prepare a land report in
30 accordance with Section 7.04, unless the petition is rejected
31 by the Department as incomplete, frivolous, or submitted by a
32 person lacking an interest which is or may be adversely
33 affected by surface coal mining operations.
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1 (c) Within 10 months after receipt of the petition, the
2 Department shall hold a public hearing in the locality of the
3 affected area, after appropriate notice and publication of
4 the date, time, and location of such hearing. Such notice
5 and publication shall state that a Land Report is available
6 for public inspection and the locations at which it may be
7 inspected. Such a hearing shall be held not less than 30
8 days after the Land Report has been prepared by the
9 Department in accordance with Section 7.04. After petition
10 is filed under this Section and before the hearing, any
11 person may intervene by filing allegations of facts with
12 supporting evidence which would tend to establish the
13 allegations.
14 (d) Within 60 days after such hearing, the Department
15 shall issue and furnish to the petitioner and all other
16 parties to the hearing, a written decision regarding the
17 petition, and the reasons therefor.
18 (e) In the event that all the petitioners stipulate
19 agreement prior to the requested hearing, and withdraw their
20 request, such hearing need not be held.
21 (f) The Department may by rule adopt additional
22 procedures for designation of lands under this Article. The
23 Department shall adopt rules to prevent the filing of
24 repetitive or frivolous petitions with respect to particular
25 lands, and prescribing procedures for expediting decisions on
26 repetitive or frivolous petitions.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 (225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04)
29 Sec. 7.04. Land Report.
30 (a) The Department shall prepare a Land Report with
31 respect to each petition filed with the Department under
32 Section 7.03. Each Land Report shall evaluate whether mining
33 operations on the land which is the subject of the petition
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1 would have any or all of the effects described in subsection
2 (b) of Section 7.02. Each Land Report shall also contain a
3 detailed statement on (1) the potential coal resources of the
4 area, (2) the demand for coal resources, and (3) the impact
5 of a designation of such lands as unsuitable for mining on
6 the environment, the economy, and the supply of coal. The
7 Land Report shall state objectively the information which the
8 Department has, but shall not contain a recommendation with
9 respect to whether the petition should be granted or denied.
10 Each Land Report shall be completed not later than eight
11 months after receipt of the petition filed under Section
12 7.03.
13 (b) Each Land Report shall be made available to the
14 public by the Department at least 30 days before the
15 Department holds a public hearing under Section 7.03.
16 (Source: P.A. 89-445, eff. 2-7-96.)
17 (225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01)
18 Sec. 9.01. Rules.
19 (a) The Department may propose, adopt and promulgate
20 reasonable rules in conformity with this Act. When it
21 proposes or adopts rules the Department shall consider the
22 terrain, the climate and other conditions of this State.
23 Rules shall reflect the distinct differences between surface
24 mining operations and underground mining operations.
25 (b) Any person may file a written petition with the
26 Department proposing the adoption, amendment or repeal of any
27 rule under this Act. Within 90 days after a receipt of a
28 petition, the Department shall initiate a rule-making
29 proceeding under this Section with respect to such proposal,
30 or deny such petition, setting forth in writing the reasons
31 for such denial.
32 (c) Prior to the adoption, amendment, or repeal of any
33 rule, the Department shall give at least 45 days notice of
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1 its intended action. This notice period shall commence on the
2 first day the notice appears in the Illinois Register. The
3 notice shall include (1) a text of the proposed rule, or the
4 old and new materials of a proposed amendment, or the text of
5 the provision to be repealed; (2) the specific statutory
6 citation on which the proposed rule, the proposed amendment
7 to a rule or the proposed repeal of a rule is based and is
8 authorized; (3) a description of the subjects and issues
9 involved; and (4) the time, place and manner in which
10 interested persons may present their views and comments on
11 the intended action. The notice shall be mailed to all
12 persons who have filed a request with the Department for
13 advance notice of rule-making proceedings.
14 (d) All interested persons who submit a request within
15 30 days after notice of the proposed change is published in
16 the Illinois Register shall be afforded a reasonable
17 opportunity to submit data, views, arguments or comments,
18 either orally or in writing or both. The right to
19 cross-examine any witnesses shall be given to any interested
20 parties, if such right is requested. The Department shall
21 consider fully all written and oral submissions respecting
22 the proposed rule.
23 (e) No rule may be adopted unless substantial evidence
24 in support of such rule is submitted. When a rule is adopted,
25 the Department shall issue a concise statement of the
26 principal reasons for or against its adoption, and its
27 reasons for overruling the considerations urged against its
28 adoption.
29 (f) No rule is valid unless adopted in compliance with
30 this Section.
31 (g) The Department shall file in the office of the
32 Secretary of State and in the Department's principal office a
33 certified copy of each rule and modification or repeal of any
34 rule adopted by it.
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1 (c) (h) Each adopted rule is effective 30 days after
2 filing, unless a later date is specified in the rule. No rule
3 adopted shall be retroactive. Any operator shall have the
4 right to proceed with operations under this Act until such
5 rules are adopted and no such rules shall be made applicable
6 to any operations prior to the effective date thereof.
7 (d) (i) In addition to the provisions of this Section,
8 and to the extent consistent with this Section, the
9 provisions of the Illinois Administrative Procedure Act apply
10 to the adoption of rules under this Act.
11 (Source: P.A. 81-1015.)
12 Section 60. The Toxic Pollution Prevention Act is amended
13 by changing Sections 3 and 5 as follows:
14 (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
15 Sec. 3. Definitions. As used in this Act:
16 "Agency" means the Illinois Environmental Protection
17 Agency.
18 "Center" means the Waste Management and Research
19 Hazardous Waste Research and Information Center.
20 "Person" means any individual, partnership,
21 co-partnership, firm, company, corporation, association,
22 joint stock company, trust, political subdivision, State
23 agency, or any other legal entity, or its legal
24 representative, agent or assigns.
25 "Release" means emission to the air, discharge to surface
26 waters or off-site wastewater treatment facilities, or
27 on-site release to the land, including but not limited to
28 landfills, surface impoundments and injection wells.
29 "Toxic substance" means any substance listed by the
30 Agency pursuant to Section 4 of this Act.
31 "Toxic pollution prevention" means in-plant practices
32 that reduce, avoid or eliminate: (i) the use of toxic
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1 substances, (ii) the generation of toxic constituents in
2 wastes, (iii) the disposal or release of toxic substances
3 into the environment, or (iv) the development or manufacture
4 of products with toxic constituents, through the application
5 of any of the following techniques:
6 (1) input substitution, which refers to replacing a
7 toxic substance or raw material used in a production
8 process with a nontoxic or less toxic substance;
9 (2) product reformulation, which refers to
10 substituting for an existing end product an end product
11 which is nontoxic or less toxic upon use, release or
12 disposal;
13 (3) production process redesign or modification,
14 which refers to developing and using production processes
15 of a different design than those currently used;
16 (4) production process modernization, which refers
17 to upgrading or replacing existing production process
18 equipment or methods with other equipment or methods
19 based on the same production process;
20 (5) improved operation and maintenance of existing
21 production process equipment and methods, which refers to
22 modifying or adding to existing equipment or methods,
23 including but not limited to such techniques as improved
24 housekeeping practices, system adjustments, product and
25 process inspections, and production process control
26 equipment or methods;
27 (6) recycling, reuse or extended use of toxic
28 substances by using equipment or methods which become an
29 integral part of the production process, including but
30 not limited to filtration and other closed loop methods.
31 However, "toxic pollution prevention" shall not include
32 or in any way be inferred to promote or require incineration,
33 transfer from one medium of release to another, off-site or
34 out of process waste recycling, or end of pipe treatment of
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1 toxic substances.
2 "Trade secret" means any information concerning
3 production processes employed or substances manufactured,
4 processed or otherwise used within a facility which the
5 Agency determines to satisfy the criteria established under
6 Section 3.48 of the Environmental Protection Act, and to
7 which specific trade secret status has been granted by the
8 Agency.
9 (Source: P.A. 86-914.)
10 (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
11 Sec. 5. Toxic Pollution Prevention Assistance Program.
12 There is hereby established a Toxic Pollution Prevention
13 Assistance Program at the Waste Management and Research
14 Hazardous Waste Research and Information Center. The Center
15 may establish cooperative programs with public and private
16 colleges and universities designed to augment the
17 implementation of this Section. The Center may establish
18 fees, tuition, or other financial charges for participation
19 in the Assistance Program. These monies shall be deposited in
20 the Toxic Pollution Prevention Fund established in Section 7
21 of this Act. Through the Assistance Program, the Center:
22 (1) Shall provide general information about and
23 actively publicize the advantages of and developments in
24 toxic pollution prevention.
25 (2) May establish courses, seminars, conferences
26 and other events, and reports, updates, guides and other
27 publications and other means of providing technical
28 information for industries, local governments and
29 citizens concerning toxic pollution prevention
30 strategies, and may, as appropriate, work in cooperation
31 with the Agency.
32 (3) Shall engage in research on toxic pollution
33 prevention methods. Such research shall include
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1 assessments of the impact of adopting toxic pollution
2 prevention methods on the environment, the public health,
3 and worker exposure, and assessments of the impact on
4 profitability and employment within affected industries.
5 (4) Shall provide on-site technical consulting, to
6 the extent practicable, to help facilities to identify
7 opportunities for toxic pollution prevention, and to
8 develop toxic pollution prevention plans. To be eligible
9 for such consulting, the owner or operator of a facility
10 must agree to allow information regarding the results of
11 such consulting to be shared with the public, provided
12 that the identity of the facility shall be made available
13 only with its consent, and trade secret information shall
14 remain protected.
15 (5) May sponsor pilot projects in cooperation with
16 the Agency, or an institute of higher education to
17 develop and demonstrate innovative technologies and
18 methods for toxic pollution prevention. The results of
19 all such projects shall be available for use by the
20 public, but trade secret information shall remain
21 protected.
22 (6) May award grants for activities that further
23 the purposes of this Act, including but not limited to
24 the following:
25 (A) grants to not-for-profit organizations to
26 establish free or low-cost technical assistance or
27 educational programs to supplement the toxic
28 pollution prevention activities of the Center;
29 (B) grants to assist trade associations,
30 business organizations, labor organizations and
31 educational institutions in developing training
32 materials to foster toxic pollution prevention; and
33 (C) grants to assist industry, business
34 organizations, labor organizations, education
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1 institutions and industrial hygienists to identify,
2 evaluate and implement toxic pollution prevention
3 measures and alternatives through audits, plans and
4 programs.
5 The Center may establish criteria and terms for such
6 grants, including a requirement that a grantee provide
7 matching funds. Grant money awarded under this Section
8 may not be spent for capital improvements or equipment.
9 In determining whether to award a grant, the
10 Director shall consider at least the following:
11 (i) the potential of the project to prevent
12 pollution;
13 (ii) the likelihood that the project will
14 develop techniques or processes that will minimize
15 the transfer of pollution from one environmental
16 medium to another;
17 (iii) the extent to which information to be
18 developed through the project will be applicable to
19 other persons in the State; and
20 (iv) the willingness of the grant applicant to
21 assist the Center in disseminating information about
22 the pollution prevention methods to be developed
23 through the project.
24 (7) Shall establish and operate a State information
25 clearinghouse that assembles, catalogues and disseminates
26 information about toxic pollution prevention and
27 available consultant services. Such clearinghouse shall
28 include a computer database containing information on
29 managerial, technical and operational approaches to
30 achieving toxic pollution prevention. The computer
31 database must be maintained on a system designed to
32 enable businesses, governmental agencies and the general
33 public readily to obtain information specific to
34 production technologies, materials, operations and
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1 products. A business shall not be required to submit to
2 the clearinghouse any information that is a trade secret.
3 (8) May contract with an established institution of
4 higher education to assist the Center in carrying out the
5 provisions of this Section. The assistance provided by
6 such an institution may include, but need not be limited
7 to:
8 (A) engineering field internships to assist
9 industries in identifying toxic pollution prevention
10 opportunities;
11 (B) development of a toxic pollution
12 prevention curriculum for students and faculty; and
13 (C) applied toxic pollution prevention and
14 recycling research.
15 (9) Shall emphasize assistance to businesses that
16 have inadequate technical and financial resources to
17 obtain information and to assess and implement toxic
18 pollution prevention methods.
19 (10) Shall publish a biannual report on its toxic
20 pollution prevention activities, achievements, identified
21 problems and future goals.
22 (Source: P.A. 86-914; 86-1363.)
23 Section 65. The Illinois Pollution Prevention Act is
24 amended by changing Section 10 as follows:
25 (415 ILCS 115/10)
26 Sec. 10. Definitions. As used in this Act:
27 "Agency" means the Illinois Environmental Protection
28 Agency.
29 "Center" means the Waste Management and Research
30 Hazardous Waste Research and Information Center.
31 "Person" means any individual, partnership,
32 co-partnership, firm, company, corporation, association,
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1 joint stock company, trust, political subdivision, State
2 agency, or any other legal entity, or its legal
3 representative, agent or assigns.
4 "Release" means emission to the air, discharge to surface
5 waters or off-site wastewater treatment facilities, or
6 on-site release to the land, including but not limited to
7 landfills, surface impoundments and injection wells.
8 "Toxic or hazardous materials" means (i) any materials
9 that are reported to the Agency as released in Illinois under
10 Section 313 of the federal Emergency Planning and Community
11 Right to Know Act of 1986; and (ii) those wastes that are
12 reported as hazardous wastes by hazardous waste generators in
13 Illinois.
14 (Source: P.A. 87-1213.)
15 Section 70. The Fish and Aquatic Life Code is amended by
16 changing Section 15-35 as follows:
17 (515 ILCS 5/15-35) (from Ch. 56, par. 15-35)
18 Sec. 15-35. Mussels; open season. Mussels may be taken
19 only during the period of April 1 15 to September 30, both
20 inclusive, and then only from sunrise to sunset and only by
21 means of crowfoot bars or hand picking, with or without the
22 aid of air breathing apparatus; except that in the Illinois
23 River and Mississippi River, including adjoining back water
24 lakes, mussels may be taken during the season by the
25 additional means of hand rakes, hand forks, or hand dredges.
26 Mussels may be taken from the Mississippi, Ohio, Wabash, and
27 Illinois rivers. Mussel fishing is permitted in other waters
28 only upon written authorization from the Department.
29 (Source: P.A. 87-833.)
30 Section 75. The Wildlife Code is amended by changing
31 Section 2.26 as follows:
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1 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
2 Sec. 2.26. Any person attempting to take deer shall
3 first obtain a "Deer Hunting Permit" in accordance with
4 prescribed regulations set forth in an Administrative Rule.
5 Deer Hunting Permits shall be issued by the Department. The
6 fee for a Deer Hunting Permit to take deer with either bow
7 and arrow or gun shall not exceed $15.00 for residents of the
8 State. The Department may by administrative rule provide for
9 non-resident deer hunting permits for which the fee will not
10 exceed $100 except as provided below for non-resident
11 landowners. Permits shall be issued without charge to:
12 (a) Illinois landowners residing in Illinois who
13 own at least 40 acres of Illinois land and wish to hunt
14 their land only,
15 (b) resident tenants of at least 40 acres of
16 commercial agricultural land where they will hunt, and
17 (c) shareholders of a corporation which owns at
18 least 40 acres of land in a county in Illinois who wish
19 to hunt on the corporation's land only. One permit shall
20 be issued without charge to one shareholder for each 40
21 acres of land owned by the corporation in a county;
22 however, the number of permits issued without charge to
23 shareholders of any corporation in any county shall not
24 exceed 15.
25 Bona fide landowners or tenants who do not wish to hunt
26 only on the land they own, rent or lease or shareholders who
27 do not wish to hunt only on the land owned by the corporation
28 shall be charged the same fee as the applicant who is not a
29 landowner, tenant or shareholder. Nonresidents of Illinois
30 who own at least 40 acres of land and wish to hunt on their
31 land only shall be charged a fee set by administrative rule.
32 The method for obtaining these permits shall be prescribed by
33 administrative rule.
34 The deer hunting permit issued without fee shall be valid
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1 on all farm lands which the person to whom it is issued owns,
2 leases or rents, except that in the case of a permit issued
3 to a shareholder, the permit shall be valid on all lands
4 owned by the corporation in the county.
5 The Department may set aside, in accordance with the
6 prescribed regulations set forth in an administrative rule of
7 the Department, a limited number of Deer Hunting Permits to
8 be available to persons providing evidence of a contractual
9 arrangement to hunt on properties controlled by a bona fide
10 Illinois outfitter. The number of available permits shall be
11 based on a percentage of unfilled permits remaining after the
12 previous year's lottery. Eligible outfitters shall be those
13 having membership in, and accreditation conferred by, a
14 professional association of outfitters approved by the
15 Department. The association shall be responsible for setting
16 professional standards and codes of conduct for its
17 membership, subject to Departmental approval. In addition to
18 the fee normally charged for resident and nonresident
19 permits, a reservation fee not to exceed $200 shall be
20 charged to the outfitter for each permit set aside in
21 accordance with this Act. The reservation fee shall be
22 deposited into the Wildlife and Fish Fund.
23 The standards and specifications for use of guns and bow
24 and arrow for deer hunting shall be established by
25 administrative rule.
26 No person may have in his possession any other firearm or
27 sidearm when taking deer by the use of either a shotgun, bow
28 and arrow or muzzle loading rifle.
29 Persons having a firearm deer hunting permit shall be
30 permitted to take deer only during the period from 1/2 hour
31 before sunrise to sunset, and only during those days for
32 which an open season is established for the taking of deer by
33 use of shotgun or muzzle loading rifle.
34 Persons having an archery deer hunting permit shall be
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1 permitted to take deer only during the period from 1/2 hour
2 before sunrise to 1/2 hour after sunset, and only during
3 those days for which an open season is established for the
4 taking of deer by use of bow and arrow.
5 It shall be unlawful for any person to take deer by use
6 of dogs, horses, automobiles, aircraft or other vehicles, or
7 by the use of salt or bait of any kind. An area is
8 considered as baited during the presence of and for 10
9 consecutive days following the removal of bait.
10 It shall be unlawful to possess or transport any wild
11 deer which has been injured or killed in any manner upon a
12 public highway or public right-of-way of this State unless
13 exempted by administrative rule.
14 Persons hunting deer must have gun unloaded and no or bow
15 and arrow cased, unstrung or otherwise made inoperable by a
16 locking device shall be carried with the arrow in the nocked
17 position during hours when deer hunting is unlawful.
18 It shall be unlawful for any person, having taken the
19 legal limit of deer by gun, to further participate with gun
20 in any deer hunting party.
21 It shall be unlawful for any person, having taken the
22 legal limit of deer by bow and arrow, to further participate
23 with bow and arrow in any deer hunting party.
24 The Department may prohibit upland game hunting during
25 the gun deer season by administrative rule.
26 It shall be legal for handicapped persons, as defined in
27 Section 2.33, to utilize a crossbow device, as defined in
28 Department rules, to take deer.
29 Any person who violates any of the provisions of this
30 Section, including administrative rules, shall be guilty of a
31 Class B misdemeanor.
32 (Source: P.A. 88-45; 88-416; 88-670, eff. 12-2-94; 89-715,
33 eff. 2-21-97.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.