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90_SB0304enr
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
SB304 Enrolled LRB9002358NTsb
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 2. The Oil and Gas Wells on Public Lands Act is
5 amended by changing Sections 2 and 10 as follows:
6 (5 ILCS 615/2) (from Ch. 96 1/2, par. 5002)
7 Sec. 2. State issuance of extraction permits; prohibited
8 activities. The Department of Natural Resources shall be
9 empowered with respect to public lands to grant permits and
10 leases in the name of the State of Illinois, with the
11 approval of the Governor in writing, for the extraction of
12 oil, gas and other petroleum deposits, except that no surface
13 extraction activities shall be performed nor production
14 equipment located on lands owned by the Department of Natural
15 Resources if the State owns 100% of the underlying mineral
16 interests of those lands. Extraction activities underlying
17 lands owned by the Department of Natural Resources that
18 utilize directional drilling techniques may be permitted at
19 the discretion of the Department. However, the Department
20 shall not grant permits on leases for the extraction of oil,
21 gas, and other petroleum deposits from the following
22 classifications of lands if the State owns 100% of the
23 underlying mineral interests: (1) lands where threatened or
24 endangered species occur, as determined pursuant to the
25 federal Endangered Species Act or the Illinois Endangered
26 Species Protection Act, (2) Illinois Natural Area Inventory
27 sites, (3) nature preserves dedicated under the Illinois
28 Natural Areas Preservation Act, (4) lands containing a wild
29 and scenic river as designated under the Wild and Scenic
30 River Area Act, (5) lands registered under the Register of
31 Land and Water Reserves under Part 4010 of Title 17 of the
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1 Illinois Administrative Code, and (6) lands on which federal
2 or State laws or regulations prohibit the surface extraction
3 or production facility activity. The grant of such permits or
4 leases shall be subject to the terms and conditions
5 hereinafter set forth in this Act.
6 (Source: P.A. 89-445, eff. 2-7-96.)
7 (5 ILCS 615/10) (from Ch. 96 1/2, par. 5010)
8 Sec. 10. Proceeds. Except as hereinafter provided, the
9 proceeds derived and bonuses, rentals and royalties from and
10 from other inducements and considerations for the execution
11 and operation of the oil and gas leases provided for in this
12 Act provided shall be disposed of as provided for by the
13 State Officers and Employees Money Disposition Act. However,
14 all bonuses, rentals and royalties received from the
15 permitting or leasing of lands which have been purchased by
16 the Department of Natural Resources (formerly designated the
17 Department of Conservation) from moneys appropriated from the
18 Wildlife and Fish Fund and which at the time of permitting or
19 leasing are under the control of the Department of Natural
20 Resources (formerly designated the Department of
21 Conservation), shall be paid into the Wildlife and Fish Fund
22 of the State Treasury. All proceeds, bonuses, rentals,
23 royalties, and other inducements and considerations received
24 from the permitting or leasing of Department of Natural
25 Resources lands that have not been purchased by the
26 Department of Natural Resources with moneys appropriated from
27 the Wildlife and Fish Fund shall be deposited as follows: at
28 least 50% of the amounts received shall be deposited into the
29 State Parks Fund and not more than 50% shall be deposited
30 into the Plugging and Restoration Fund.
31 (Source: P.A. 89-445, eff. 2-7-96.)
32 Section 4. The Illinois Oil and Gas Act is amended by
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1 changing Section 22.2 as follows:
2 (225 ILCS 725/22.2) (from Ch. 96 1/2, par. 5436)
3 Sec. 22.2. Integration of interests in drilling unit.
4 (a) As used in this Section, "owner" means any person
5 having an interest in the right to drill into and produce oil
6 or gas from any pool, and to appropriate the production for
7 such owner or others.
8 (b) Except as provided in subsection (b-5), when 2 or
9 more separately owned tracts of land are embraced within an
10 established drilling unit, or when there are separately owned
11 interests in all or a part of such units, the owners of all
12 oil and gas interests therein may validly agree to integrate
13 their interests and to develop their lands as a drilling
14 unit. Where, however, such owners have not agreed to
15 integrate their interests and where no action has been
16 commenced seeking permission to drill pursuant to the
17 provisions of "An Act in relation to oil and gas interests in
18 land", approved July 1, 1939, and where at least one of the
19 owners has drilled or has proposed to drill a well on an
20 established drilling unit the Department on the application
21 of an owner shall, for the prevention of waste or to avoid
22 the drilling of unnecessary wells, require such owners to do
23 so and to develop their lands as a drilling unit. The
24 Department, as a part of the order integrating interests, may
25 prescribe the terms and conditions upon which the royalty
26 interests in the unit or units shall, in the absence of
27 voluntary agreement, be determined to be integrated without
28 the necessity of a subsequent separate order integrating the
29 royalty interests. Each such integration order shall be upon
30 terms and conditions that are just and reasonable.
31 (b-5) When 2 or more separately owned tracts of land are
32 embraced within an established drilling unit, or when there
33 are separately owned interests in all or a part of the unit,
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1 and one of the owners is the Department of Natural Resources,
2 integration of the separate tracts shall be allowed only if,
3 following a comprehensive environmental impact review
4 performed by the Department, the Department determines that
5 no substantial or irreversible detrimental harm will occur on
6 Department lands as a result of any proposed activities
7 relating to mineral extraction. The environmental impact
8 review shall include but shall not be limited to an
9 assessment of the potential destruction or depletion of flora
10 and fauna, wildlife and its supporting habitat, surface and
11 subsurface water supplies, aquatic life, and recreational
12 activities located on the land proposed to be integrated.
13 The Department shall adopt rules necessary to implement this
14 subsection.
15 (b-6) All proceeds, bonuses, rentals, royalties, and
16 other inducements and considerations received from the
17 integration of Department of Natural Resources lands that
18 have not been purchased by the Department of Natural
19 Resources with moneys appropriated from the Wildlife and Fish
20 Fund shall be deposited as follows: at least 50% of the
21 amounts received shall be deposited into the State Parks Fund
22 and not more than 50% shall be deposited into the Plugging
23 and Restoration Fund.
24 (c) All orders requiring such integration shall be made
25 after notice and hearing and shall be upon terms and
26 conditions that are just and reasonable and will afford to
27 the owners of all oil and gas interests in each tract in the
28 drilling unit the opportunity to recover or receive their
29 just and equitable share of oil or gas from the drilling unit
30 without unreasonable expense and will prevent or minimize
31 reasonably avoidable drainage from each integrated drilling
32 unit which is not equalized by counter drainage, but the
33 Department may not limit the production from any well under
34 this provision.
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1 (d) All operations, including, but not limited to, the
2 commencement, drilling, or operation of a well upon any
3 portion of a drilling unit shall be deemed for all purposes
4 the conduct of such operations upon each separately owned
5 tract in the drilling unit by the several owners thereof.
6 That portion of the production allocated to a separately
7 owned tract included in a drilling unit shall, when produced,
8 be deemed, for all purposes, to have been actually produced
9 from such tract by a well drilled thereon.
10 (e) In making the determination of integrating
11 separately owned interests, and determining to whom the
12 permit should be issued, the Department may consider:
13 (1) the reasons requiring the integration of
14 separate interests;
15 (2) the respective interests of the parties in the
16 drilling unit sought to be established, and the pool or
17 pools in the field where the proposed drilling unit is
18 located;
19 (3) any parties' prior or present compliance with
20 the Act and the Department's rules; and
21 (4) any other information relevant to protect the
22 correlative rights of the parties sought to be affected
23 by the integration order.
24 (f) Each such integration order shall authorize the
25 drilling, testing, completing, equipping, and operation of a
26 well on the drilling unit; provide who may drill and operate
27 the well; prescribe the time and manner in which all the
28 owners in the drilling unit may elect to participate therein;
29 and make provision for the payment by all those who elect to
30 participate therein of the reasonable actual cost thereof,
31 plus a reasonable charge for supervision and interest. Should
32 an owner not elect to voluntarily participate in the risk and
33 costs of the drilling, testing, completing and operation of a
34 well as determined by the Department, the integration order
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1 shall provide either that:
2 (1) the nonparticipating owner shall surrender a
3 leasehold interest to the participating owners on a basis
4 and for such terms and consideration the Department finds
5 fair and reasonable; or
6 (2) the nonparticipating owner shall share in a
7 proportionate part of the production of oil and gas from
8 the drilling unit determined by the Department, and pay a
9 proportionate part of operation cost after the
10 participating owners have recovered from the production
11 of oil or gas from a well all actual costs in the
12 drilling, testing, completing and operation of the well
13 plus a penalty to be determined by the Department of not
14 less than 100% nor more than 300% of such actual costs.
15 (g) For the purpose of this Section, the owner or owners
16 of oil and gas rights in and under an unleased tract of land
17 shall be regarded as a lessee to the extent of a 7/8 interest
18 in and to said rights and a lessor to the extent of the
19 remaining 1/8 interest therein.
20 (h) In the event of any dispute relative to costs and
21 expenses of drilling, testing, equipping, completing and
22 operating a well, the Department shall determine the proper
23 costs after due notice to interested parties and a hearing
24 thereon. The operator of such unit, in addition to any other
25 right provided by the integration order of the Department,
26 shall have a lien on the mineral leasehold estate or rights
27 owned by the other owners therein and upon their shares of
28 the production from such unit to the extent that costs
29 incurred in the development and operation upon said unit are
30 a charge against such interest by order of the Department or
31 by operation of law. Such liens shall be separable as to
32 each separate owner within such unit, and shall remain liens
33 until the owner or owners drilling or operating the well have
34 been paid the amount due under the terms of the integration
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1 order. The Department is specifically authorized to provide
2 that the owner or owners drilling, or paying for the
3 drilling, or for the operation of a well for the benefit of
4 all shall be entitled to production from such well which
5 would be received by the owner or owners for whose benefit
6 the well was drilled or operated, after payment of royalty,
7 until the owner or owners drilling or operating the well have
8 been paid the amount due under the terms of the integration
9 order settling such dispute.
10 (Source: P.A. 85-1334; 86-1177.)
11 Section 5. The Personnel Code is amended by changing
12 Section 4c as follows:
13 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
14 Sec. 4c. General exemptions. The following positions in
15 State service shall be exempt from jurisdictions A, B, and C,
16 unless the jurisdictions shall be extended as provided in
17 this Act:
18 (1) All officers elected by the people.
19 (2) All positions under the Lieutenant Governor,
20 Secretary of State, State Treasurer, State Comptroller,
21 State Board of Education, Clerk of the Supreme Court, and
22 Attorney General.
23 (3) Judges, and officers and employees of the
24 courts, and notaries public.
25 (4) All officers and employees of the Illinois
26 General Assembly, all employees of legislative
27 commissions, all officers and employees of the Illinois
28 Legislative Reference Bureau, the Legislative Research
29 Unit, and the Legislative Printing Unit.
30 (5) All positions in the Illinois National Guard,
31 and Illinois State Guard, paid from federal funds or
32 positions in the State Military Service filled by
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1 enlistment and paid from State funds.
2 (6) All employees of the Governor at the executive
3 mansion and on his immediate personal staff.
4 (7) Directors of Departments, the Adjutant General,
5 the Assistant Adjutant General, the Director of the
6 Illinois Emergency Management Agency, members of boards
7 and commissions, and all other positions appointed by
8 the Governor by and with the consent of the Senate.
9 (8) The presidents, other principal administrative
10 officers, and teaching, research and extension faculties
11 of Chicago State University, Eastern Illinois University,
12 Governors State University, Illinois State University,
13 Northeastern Illinois University, Northern Illinois
14 University, Western Illinois University, the Illinois
15 Community College Board, Southern Illinois University,
16 Illinois Board of Higher Education, University of
17 Illinois, State Universities Civil Service System,
18 University Retirement System of Illinois, and the
19 administrative officers and scientific and technical
20 staff of the Illinois State Museum.
21 (9) All other employees except the presidents,
22 other principal administrative officers, and teaching,
23 research and extension faculties of the universities
24 under the jurisdiction of the Board of Regents and the
25 colleges and universities under the jurisdiction of the
26 Board of Governors of State Colleges and Universities,
27 Illinois Community College Board, Southern Illinois
28 University, Illinois Board of Higher Education, Board of
29 Governors of State Colleges and Universities, the Board
30 of Regents, University of Illinois, State Universities
31 Civil Service System, University Retirement System of
32 Illinois, so long as these are subject to the provisions
33 of the State Universities Civil Service Act.
34 (10) The State Police so long as they are subject
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1 to the merit provisions of the State Police Act.
2 (11) The scientific staff of the State Scientific
3 Surveys and the Waste Management and Research Hazardous
4 Waste Research and Information Center.
5 (12) The technical and engineering staffs of the
6 Department of Transportation, the Department of Nuclear
7 Safety, and of the Illinois Commerce Commission, and the
8 technical and engineering staff providing architectural
9 and engineering services in the Department of Central
10 Management Services.
11 (13) All employees of the Illinois State Toll
12 Highway Commission.
13 (14) The Secretary of the Industrial Commission.
14 (15) All persons who are appointed or employed by
15 the Director of Insurance under authority of Section 202
16 of the Illinois Insurance Code to assist the Director of
17 Insurance in discharging his responsibilities relating to
18 the rehabilitation, liquidation, conservation, and
19 dissolution of companies that are subject to the
20 jurisdiction of the Illinois Insurance Code.
21 (16) All employees of the St. Louis Metropolitan
22 Area Airport Authority.
23 (17) All investment officers employed by the
24 Illinois State Board of Investment.
25 (18) Employees of the Illinois Young Adult
26 Conservation Corps program, administered by the Illinois
27 Department of Natural Resources, authorized grantee under
28 Title VIII of the "Comprehensive Employment and Training
29 Act of 1973", 29 USC 993.
30 (19) Seasonal employees of the Department of
31 Agriculture for the operation of the Illinois State Fair
32 and the DuQuoin State Fair, no one person receiving more
33 than 29 days of such employment in any calendar year.
34 (20) All "temporary" employees hired under the
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1 Department of Natural Resources' Illinois Conservation
2 Service, a youth employment program that hires young
3 people to work in State parks for a period of one year or
4 less.
5 (21) All hearing officers of the Human Rights
6 Commission.
7 (22) All employees of the Illinois Mathematics and
8 Science Academy.
9 (23) All employees of the Kankakee River Valley
10 Area Airport Authority.
11 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
12 Section 10. The Civil Administrative Code of Illinois is
13 amended by changing Section 46.13a as follows:
14 (20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
15 Sec. 46.13a. Environmental Regulatory Assistance Program.
16 (a) The following terms, whenever used or referred to in
17 this Section, shall have the following meanings ascribed to
18 them, except where the context clearly requires otherwise:
19 (1) "Small business stationary source" means a
20 business that is owned or operated by a person that
21 employs 100 or fewer individuals; is a small business; is
22 not a major stationary source as defined in Titles I and
23 III of the federal 1990 Clean Air Act Amendments; does
24 not emit 50 tons or more per year of any regulated
25 pollutant (as defined under the federal Clean Air Act);
26 and emits less than 75 tons per year of all regulated
27 pollutants.
28 (2) "Department" means the Illinois Department of
29 Commerce and Community Affairs.
30 (b) The Department may:
31 (1) Provide access to technical and compliance
32 information for Illinois firms, including small and
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1 middle market companies, to facilitate local business
2 compliance with the federal, State and local
3 environmental regulations.
4 (2) Coordinate and enter into cooperative
5 agreements with a State ombudsman office, which shall be
6 established in accordance with the federal 1990 Clean Air
7 Act Amendments to provide direct oversight to the program
8 established under that Act.
9 (3) Enter into contracts, cooperative agreements,
10 and financing agreements and establish and collect
11 charges and fees necessary or incidental to the
12 performance of duties and the execution of powers under
13 this Section.
14 (4) Accept and expend, subject to appropriation,
15 gifts, grants, awards, funds, contributions, charges,
16 fees and other financial or nonfinancial aid from
17 federal, State and local governmental agencies,
18 businesses, educational agencies, not-for-profit
19 organizations, and other entities, for the purposes of
20 this Section.
21 (5) Establish, staff and administer programs and
22 services and adopt such rules and regulations as may be
23 necessary to carry out the intent of this Section and
24 Section 507, "Small Business Stationary Source Technical
25 and Environmental Compliance Assistance Program", of the
26 federal 1990 Clean Air Act Amendments.
27 (c) The Department's environmental compliance programs
28 and services for businesses may include, but need not be
29 limited to, the following:
30 (1) Communication and outreach services to or on
31 behalf of individual companies, including collection and
32 compilation of appropriate information on regulatory
33 compliance issues and control technologies, and
34 dissemination of such information through publications,
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1 direct mailings, electronic communications, conferences,
2 workshops, one-on-one counseling and other means of
3 technical assistance.
4 (2) Provision of referrals and access to technical
5 assistance, pollution prevention and facility audits, and
6 otherwise serving as an information clearinghouse on
7 pollution prevention through the coordination of the
8 Waste Management and Research Hazardous Waste Research
9 and Information Center, a division of the Department of
10 Natural Resources. In addition, environmental and
11 regulatory compliance issues and techniques, which may
12 include business rights and responsibilities, applicable
13 permitting and compliance requirements, compliance
14 methods and acceptable control technologies, release
15 detection, and other applicable information may be
16 provided.
17 (3) Coordination with and provision of
18 administrative and logistical support to the State
19 Compliance Advisory Panel.
20 (d) There is hereby created a special fund in the State
21 Treasury to be known as the Small Business Environmental
22 Assistance Fund. Monies received under subdivision (b)(4) of
23 this Section shall be deposited into the Fund.
24 Monies in the Small Business Environmental Assistance
25 Fund may be used, subject to appropriation, only for the
26 purposes authorized by this Section.
27 (Source: P.A. 89-445, eff. 2-7-96.)
28 Section 15. The Business Assistance and Regulatory Reform
29 Act is amended by changing Section 15 as follows:
30 (20 ILCS 608/15)
31 Sec. 15. Providing information and expediting permit
32 reviews.
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1 (a) The office shall provide an information system using
2 a toll-free business assistance number. The number shall be
3 advertised throughout the State. If requested, the caller
4 will be sent a basic business kit, describing the basic
5 requirements and procedures for doing business in Illinois.
6 If requested, the caller shall be directed to one or more of
7 the additional services provided by the office. In addition,
8 the office shall have branches located throughout the State
9 to assist persons who prefer not (or who are unable) to use
10 the call system. All persons providing advice to callers on
11 behalf of the office and all persons responsible for directly
12 providing services to persons visiting the office or one of
13 its branches shall be persons with small business experience
14 in an administrative or managerial capacity.
15 (b) The office shall develop and implement a
16 computerized master application procedure to expedite the
17 identification and processing of permits for business
18 undertakings, projects and activities.
19 (1) The application shall be made on a form
20 prescribed by the office, designed primarily for the
21 convenience of applicants confronting requirements of
22 multiple permits from one or more State agencies. The
23 office shall assist any person requesting assistance in
24 completing the application.
25 (2) Upon receipt of a completed master application,
26 the office shall notify each State agency having a
27 possible interest in the proposed business activity.
28 Each agency so notified shall respond within 15 days and
29 advise the office whether one or more permits under its
30 jurisdiction may be required for the activity. The
31 response will also include the fees to be charged. The
32 requirements of this subdivision (b)(2) shall not apply
33 if the master application contained false, misleading or
34 deceptive information, or failed to include pertinent
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1 information, the lack of which could reasonably lead a
2 State agency to misjudge the applicability of permits
3 under its jurisdiction, or if new permit requirements or
4 related standards subsequently became effective for which
5 a State agency had no discretion in establishing the
6 effective date. For purposes of this Act, "State agency"
7 means a department or agency of State government under
8 the jurisdiction and control of the Office of the
9 Governor.
10 (3) After the 15 day notice and response period,
11 the office shall promptly provide the applicant with the
12 necessary application forms and related information for
13 all permits specified by the interested State agencies.
14 Applications may be directly filed with the agencies or
15 with the office, together with the requisite fees. The
16 office may at the request of the applicant conduct a
17 pre-application conference with representatives of the
18 interested State agencies and agencies having
19 responsibilities for business promotion.
20 (c) Any applicant for permits required for a business
21 activity may confer with the office to obtain assistance in
22 the prompt and efficient processing and review of
23 applications. The office may designate an employee of the
24 office to act as a permit assistance manager to:
25 (1) facilitate contacts for the applicant with
26 responsible agencies;
27 (2) arrange conferences to clarify the requirements
28 of interested agencies;
29 (3) consider with State agencies the feasibility of
30 consolidating hearings and data required of the
31 applicant;
32 (4) assist the applicant in resolution of
33 outstanding issues identified by State agencies; and
34 (5) coordinate federal, State and local regulatory
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1 procedures and permit review actions to the extent
2 possible.
3 (d) The office shall publish a directory of State
4 business permits and State programs to assist small
5 businesses.
6 (e) The office shall designate "economically distressed
7 areas", being State enterprise zones that have been
8 designated enterprise zones under the Illinois Enterprise
9 Zone Act because of their high unemployment rate, high
10 poverty rate, or low income. The office shall provide on-site
11 permit assistance in those areas and may require any
12 interested State agency to designate an employee who shall
13 coordinate the handling of permits in that area. Interested
14 State agencies shall, to the maximum extent feasible,
15 establish procedures to expedite applications in economically
16 distressed areas. The office shall attempt to establish
17 agreements with the local governments having jurisdiction in
18 these areas, to allow the office to provide assistance to
19 applicants for permits required by these local governments.
20 (f) The office shall designate permit assistance
21 managers to assist in obtaining the prompt and efficient
22 processing and review of applications for permits required by
23 businesses performing infrastructure projects. Interested
24 State agencies shall, to the maximum extent feasible,
25 establish procedures to expedite applications for
26 infrastructure projects. Applications for permits for
27 infrastructure projects shall be approved or disapproved
28 within 45 days of submission, unless law or regulations
29 specify a different period. If the interested agency is
30 unable to act within that period, the agency shall provide a
31 written notification to the office specifying reasons for its
32 inability to act and the date by which approval or
33 disapproval shall be determined. The office may require any
34 interested State agency to designate an employee who will
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1 coordinate the handling of permits in that area.
2 (g) In addition to its responsibilities in connection
3 with permit assistance, the office shall provide general
4 regulatory information by directing businesses to appropriate
5 officers in State agencies to supply the information
6 requested.
7 (h) The office shall help businesses to locate and apply
8 to training programs available to train current employees in
9 particular skills, techniques or areas of knowledge relevant
10 to the employees' present or anticipated job duties. In
11 pursuit of this objective, the office shall provide
12 businesses with pertinent information about training programs
13 offered by State agencies, units of local government, public
14 universities and colleges, community colleges, and school
15 districts in Illinois.
16 (i) The office shall help businesses to locate and apply
17 to State programs offering to businesses grants, loans, loan
18 or bond guarantees, investment partnerships, technology or
19 productivity consultation, or other forms of business
20 assistance.
21 (j) To the extent authorized by federal law, the office
22 shall assist businesses in ascertaining and complying with
23 the requirements of the federal Americans with Disabilities
24 Act.
25 (k) The office shall provide confidential on-site
26 assistance in identifying problems and solutions in
27 compliance with requirements of the federal Occupational
28 Safety and Health Administration and other State and federal
29 environmental regulations. The office shall work through and
30 contract with the Waste Management and Research Hazardous
31 Waste Research and Information Center to provide confidential
32 on-site consultation audits that (i) assist regulatory
33 compliance and (ii) identify pollution prevention
34 opportunities.
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1 (l) The office shall provide information on existing
2 loan and business assistance programs provided by the State.
3 (m) Each State agency having jurisdiction to approve or
4 deny a permit shall have the continuing power heretofore or
5 hereafter vested in it to make such determinations. The
6 provisions of this Act shall not lessen or reduce such powers
7 and shall modify the procedures followed in carrying out such
8 powers only to the extent provided in this Act.
9 (n) (1) Each State agency shall fully cooperate with the
10 office in providing information, documentation, personnel or
11 facilities requested by the office.
12 (2) Each State agency having jurisdiction of any permit
13 to which the master application procedure is applicable shall
14 designate an employee to act as permit liaison office with
15 the office in carrying out the provisions of this Act.
16 (o) (1) The office has authority, but is not required,
17 to keep and analyze appropriate statistical data regarding
18 the number of permits issued by State agencies, the amount of
19 time necessary for the permits to be issued, the cost of
20 obtaining such permits, the types of projects for which
21 specific permits are issued, a geographic distribution of
22 permits, and other pertinent data the office deems
23 appropriate.
24 The office shall make such data and any analysis of the
25 data available to the public.
26 (2) The office has authority, but is not required, to
27 conduct or cause to be conducted a thorough review of any
28 agency's permit requirements and the need by the State to
29 require such permits. The office shall draw on the review,
30 on its direct experience, and on its statistical analyses to
31 prepare recommendations regarding how to:
32 (i) eliminate unnecessary or antiquated permit
33 requirements;
34 (ii) consolidate duplicative or overlapping permit
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1 requirements;
2 (iii) simplify overly complex or lengthy
3 application procedures;
4 (iv) expedite time-consuming agency review and
5 approval procedures; or
6 (v) otherwise improve the permitting processes in
7 the State.
8 The office shall submit copies of all recommendations
9 within 5 days of issuance to the affected agency, the
10 Governor, the General Assembly, and the Joint Committee on
11 Administrative Rules.
12 (p) The office has authority to review State forms on
13 its own initiative or upon the request of another State
14 agency to ascertain the burden, if any, of complying with
15 those forms. If the office determines that a form is unduly
16 burdensome to business, it may recommend to the agency
17 issuing the form either that the form be eliminated or that
18 specific changes be made in the form.
19 (q) Not later than March 1 of each year, beginning March
20 1, 1995, the office shall submit an annual report of its
21 activities during the preceding year to the Governor and
22 General Assembly. The report shall describe the activities
23 of the office during the preceding year and shall contain
24 statistical information on the permit assistance activities
25 of the office.
26 (Source: P.A. 88-404.)
27 Section 20. The Department of Natural Resources Act is
28 amended by changing Sections 15-5 and 20-5 as follows:
29 (20 ILCS 801/15-5)
30 Sec. 15-5. Office of Scientific Research and Analysis.
31 The Department of Natural Resources shall have within it an
32 Office of Scientific Research and Analysis. The Office shall
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1 contain within it a Natural History Survey division, a State
2 Water Survey division, a State Geological Survey division, a
3 Waste Management and Research Hazardous Waste Research and
4 Information Center division, and such other related research
5 functions and responsibilities as may be appropriate provided
6 by law. The Board of Natural Resources and Conservation is
7 retained as the governing board for the Scientific Surveys
8 and Waste Management and Research Hazardous Waste Research
9 and Information Center.
10 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
11 (20 ILCS 801/20-5)
12 Sec. 20-5. State Museum. The Department of Natural
13 Resources shall have within it a division consisting of the
14 Illinois State Museum, which shall be within the Office of
15 Scientific Research and Analysis. The Board of the Illinois
16 State Museum is retained as the governing board for the State
17 Museum.
18 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
19 Section 25. The Civil Administrative Code of Illinois is
20 amended by changing Section 63a and by adding Sections 63b1.2
21 and 63b2.9 as follows:
22 (20 ILCS 805/63a) (from Ch. 127, par. 63a)
23 Sec. 63a. The Department of Natural Resources has the
24 powers enumerated in Sections 63a1 through 63b2.9 63b2.8.
25 (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
26 (20 ILCS 805/63b1.2 new)
27 Sec. 63b1.2. Indirect cost reimbursements. Indirect
28 cost reimbursements applied for by the Department of Natural
29 Resources may be allocated as State matching funds. Any
30 indirect cost reimbursement applied for and received by the
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1 Department shall be deposited to the same fund as the direct
2 cost and may be expended, subject to appropriation, for
3 support of programs administered by the Department of Natural
4 Resources.
5 (20 ILCS 805/63b2.9 new)
6 Sec. 63b2.9. Grants and contracts. To accept, receive,
7 expend, and administer, including by grant, agreement, or
8 contract, those funds that are made available to the
9 Department from the federal government and other public and
10 private sources in the exercise of its statutory powers and
11 duties.
12 The Department may make grants to other State agencies,
13 universities, not-for-profit organizations and local
14 governments, pursuant to an appropriation in the exercise of
15 its statutory powers and duties.
16 Section 30. The Energy Conservation and Coal Development
17 Act is amended by changing Section 16 as follows:
18 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
19 Sec. 16. Battery Task Force.
20 (a) Within the Department is created a Battery Task
21 Force to be comprised of (i) the Director of the Department
22 who shall serve as chair of the Task Force; (ii) the Director
23 of the Environmental Protection Agency; (iii) the Director
24 of the Waste Management and Research Hazardous Waste Research
25 and Information Center; and (iv) 15 persons who shall be
26 appointed by the Director of the Department, including 2
27 persons representing an environmental organization, 2 persons
28 representing the battery cell industry, 2 persons
29 representing the rechargeable powered tool/device industry, 3
30 representatives from local government with residential
31 recycling programs (including one from a municipality with
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1 more than a million people), one person representing the
2 retail industry, one person representing a consumer group, 2
3 persons representing the waste management industry, one
4 person representing a recycling firm, and one person
5 representing a citizens' group active in local solid waste
6 issues.
7 (b) The Task Force shall prepare a report of its
8 findings and recommendations and shall present the report to
9 the Governor and the General Assembly on or before April 1,
10 1993. Among other things, the Task Force shall evaluate:
11 (1) collection, storage, and processing systems for
12 the recycling and proper management of common household
13 batteries and rechargeable battery products generated by
14 consumers, businesses, institutions, and governmental
15 units;
16 (2) public education programs that promote waste
17 reduction, reuse, and recycling strategies for household
18 batteries;
19 (3) disposal bans on specific household batteries
20 or rechargeable battery products;
21 (4) management options for rechargeable tools and
22 appliances;
23 (5) technical and financial assistance programs for
24 local governments;
25 (6) guidelines and regulations for the storage,
26 transportation, and disposal of household batteries;
27 (7) labeling requirements for household batteries
28 and battery packaging;
29 (8) metal content limits and sale restrictions for
30 carbon-zinc, nickel-cadmium, and button batteries;
31 (9) market development options for materials
32 recovered from household batteries;
33 (10) industry waste reduction developments,
34 including substitution of longer-life, rechargeable and
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1 recyclable batteries, substitution of alternative
2 products which do not require batteries, increased use of
3 power-source adapters, and use of replaceable batteries
4 in battery-powered appliances; and
5 (11) the feasibility of reverse distribution of
6 batteries.
7 The Task Force shall review, evaluate, and compare
8 existing battery management and collection systems and
9 studies including those used from other states, the European
10 Community, and other major industrial nations. The Task Force
11 shall consult with manufacturers and the public to determine
12 the most cost effective and efficient means for battery
13 management.
14 (Source: P.A. 87-1250; 88-45.)
15 Section 35. The Hazardous Waste Technology Exchange
16 Service Act is amended by changing Sections 3, 4, 5, and 6 as
17 follows:
18 (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
19 Sec. 3. For the purposes of this Act, unless the context
20 otherwise requires:
21 (a) "Board" means the Board of Natural Resources and
22 Conservation of the Department of Natural Resources.
23 (b) "Center" means the Waste Management and Research
24 Hazardous Waste Research and Information Center of the
25 Department of Natural Resources.
26 (c) "Department" means the Department of Natural
27 Resources.
28 (Source: P.A. 89-445, eff. 2-7-96.)
29 (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
30 Sec. 4. Waste Management and Research Center. As soon as
31 may be practicable after the effective date of this Act, the
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1 Department shall establish a Hazardous Waste Research and
2 Information Center. On and after the effective date of this
3 amendatory Act of 1997, that Center shall be known as the
4 Waste Management and Research Center.
5 (Source: P.A. 86-652.)
6 (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
7 Sec. 5. Duties of Center; Industrial Advisory Committee.
8 (a) The Waste Management and Research Hazardous Waste
9 Research and Information Center shall:
10 (1) Conduct educational programs to further the
11 exchange of information to reduce the generation of
12 hazardous wastes or to treat or dispose of such wastes so
13 as to make them nonhazardous.
14 (2) Provide a technical information service for
15 industries involved in the generation, treatment, or
16 disposal of hazardous wastes.
17 (3) Disseminate information regarding advances in
18 hazardous waste management technology which could both
19 protect the environment and further industrial
20 productivity.
21 (4) Provide research in areas related to reduction
22 of the generation of hazardous wastes; treatment,
23 recycling and reuse; and other issues which the Board may
24 suggest.
25 (5) Provide other services as deemed necessary or
26 desirable by the Board.
27 (6) Submit a biennial report to the General
28 Assembly on Center activities.
29 (b) The Director of the Department shall be responsible
30 for the administration of the Center.
31 (c) The Department shall have the authority to accept,
32 receive and administer on behalf of the Center any grants,
33 gifts or other funds made available for purposes of this Act.
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1 (d) The Board shall (1) provide policy guidelines and
2 goals for the Center; (2) approve the Center's budget; (3)
3 approve any reports; and (4) otherwise direct the Center in
4 accordance with its statutory powers and duties contained in
5 Section 6 of "An Act in relation to natural resources,
6 research, data collection and environmental studies",
7 approved July 14, 1978, as amended.
8 (e) The Director shall appoint an Industrial Advisory
9 Committee which shall be composed of representatives of
10 industries which are involved in the generation, treatment or
11 disposal of hazardous waste, or representatives of
12 organizations of such industries. To the extent possible,
13 the Director shall choose members representing large and
14 small industries from all geographical areas of the State.
15 Members of the Industrial Advisory Committee shall receive no
16 compensation but may be reimbursed for reasonable expenses
17 incurred in carrying out their duties.
18 The Industrial Advisory Committee shall advise the
19 Department on programs, services and activities necessary to
20 assist large and small businesses in economically reducing,
21 through source reduction, treatment and recycling, the amount
22 and toxicity of hazardous waste to be disposed of on or in
23 the land.
24 (Source: P.A. 86-652.)
25 (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
26 Sec. 6. Appropriations. For the purpose of maintaining
27 the Waste Management and Research Hazardous Waste Research
28 and Information Center, paying the expenses and providing the
29 facilities and structures incident thereto, appropriations
30 shall be made to the Department, payable from the Hazardous
31 Waste Research Fund and other funds in the State Treasury.
32 (Source: P.A. 86-652.)
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1 Section 40. The State Finance Act is amended by changing
2 Section 6z-32 as follows:
3 (30 ILCS 105/6z-32)
4 Sec. 6z-32. Conservation 2000.
5 (a) The Conservation 2000 Fund and the Conservation 2000
6 Projects Fund are created as special funds in the State
7 Treasury. These funds shall be used to establish a
8 comprehensive program to protect Illinois' natural resources
9 through cooperative partnerships between State government and
10 public and private landowners. Moneys in these Funds may be
11 used, subject to appropriation, by the Environmental
12 Protection Agency and the Departments of Agriculture,
13 Conservation, Energy and Natural Resources, and
14 Transportation for purposes relating to natural resource
15 protection, recreation, tourism, and compatible agricultural
16 and economic development activities. Without limiting these
17 general purposes, moneys in these Funds may be used, subject
18 to appropriation, for the following specific purposes:
19 (1) To foster sustainable agriculture practices and
20 control soil erosion and sedimentation, including grants
21 to Soil and Water Conservation Districts for conservation
22 practice cost-share grants and for personnel,
23 educational, and administrative expenses.
24 (2) To establish and protect a system of ecosystems
25 in public and private ownership through conservation
26 easements, incentives to public and private landowners,
27 including technical assistance and grants, and land
28 acquisition provided these mechanisms are all voluntary
29 on the part of the landowner and do not involve the use
30 of eminent domain.
31 (3) To develop a systematic and long-term program
32 to effectively measure and monitor natural resources and
33 ecological conditions through investments in technology
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1 and involvement of scientific experts.
2 (4) To initiate strategies to enhance, use, and
3 maintain Illinois' inland lakes through education,
4 technical assistance, research, and financial incentives.
5 (5) To conduct an extensive review of existing
6 Illinois water laws.
7 (b) The State Comptroller and State Treasurer shall
8 automatically transfer on the last day of each month,
9 beginning on September 30, 1995 and ending on June 30, 2001,
10 from the General Revenue Fund to the Conservation 2000 Fund,
11 an amount equal to 1/10 of the amount set forth below in
12 fiscal year 1996 and an amount equal to 1/12 of the amount
13 set forth below in each of the other specified fiscal years:
14 Fiscal Year Amount
15 1996 $ 3,500,000
16 1997 $ 9,000,000
17 1998 $10,000,000
18 1999 $11,000,000
19 2000 $12,500,000
20 2001 $14,000,000
21 (c) There shall be deposited into the Conservation 2000
22 Projects Fund such bond proceeds and other moneys as may,
23 from time to time, be provided by law.
24 (Source: P.A. 89-49, eff. 6-29-95; 89-626, eff. 8-9-96;
25 revised 12-10-96.)
26 Section 45. The Illinois Pension Code is amended by
27 changing Section 15-106 as follows:
28 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
29 Sec. 15-106. Employer. "Employer": The University of
30 Illinois, Southern Illinois University, Chicago State
31 University, Eastern Illinois University, Governors State
32 University, Illinois State University, Northeastern Illinois
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1 University, Northern Illinois University, Western Illinois
2 University, the State Board of Higher Education, the Illinois
3 Mathematics and Science Academy, the State Geological Survey
4 Division of the Department of Natural Resources, the State
5 Natural History Survey Division of the Department of Natural
6 Resources, the State Water Survey Division of the Department
7 of Natural Resources, the Waste Management and Research
8 Hazardous Waste Research and Information Center of the
9 Department of Natural Resources, the University Civil Service
10 Merit Board, the Board of Trustees of the State Universities
11 Retirement System, the Illinois Community College Board,
12 State Community College of East St. Louis, community college
13 boards, any association of community college boards organized
14 under Section 3-55 of the Public Community College Act, and,
15 only during the period for which employer contributions
16 required under Section 15-155 are paid, the following
17 organizations: the alumni associations, the foundations and
18 the athletic associations which are affiliated with the
19 universities and colleges included in this Section as
20 employers. A department as defined in Section 14-103.04 is an
21 employer for any person appointed by the Governor under the
22 Civil Administrative Code of Illinois the State who is a
23 participating employee as defined in Section 15-109.
24 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
25 Section 50. The Civil Administrative Code of Illinois is
26 amended by changing Section 62 as follows:
27 (110 ILCS 355/62) (from Ch. 127, par. 62)
28 Sec. 62. Retention of duties by University of Illinois.
29 Unless otherwise provided by law, the functions and duties
30 formerly exercised by the State entomologist, the State
31 laboratory of natural history, the State water survey and the
32 State geological survey and vested in the Illinois Department
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1 of Natural Resources, and the functions and duties of the
2 Waste Management and Research Hazardous Waste Research and
3 Information Center and its Hazardous Materials Laboratory as
4 authorized by the Hazardous Waste Technology Exchange Service
5 Act, approved September 16, 1984, as now or hereafter
6 amended, shall continue to be exercised at the University of
7 Illinois in buildings and places provided by the trustees
8 thereof.
9 (Source: P.A. 89-445, eff. 2-7-96.)
10 Section 55. The Surface Coal Mining Land Conservation and
11 Reclamation Act is amended by changing Sections 1.03, 1.04,
12 1.05, 2.08, 6.07, 6.08, 7.03, 7.04, and 9.01 as follows:
13 (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
14 Sec. 1.03. Definitions.
15 (a) Whenever used or referred to in this Act, unless a
16 different meaning clearly appears from the context;
17 (1) "Affected land" means:
18 (A) in the context of surface mining
19 operations, the areas described in Section
20 1.03(a)(24)(B), and
21 (B) in the context of underground mining
22 operations, surface areas on which such operations
23 occur or where such activities disturb the natural
24 land surface.
25 (2) "Approximate original contour" means that
26 surface configuration achieved by backfilling and grading
27 of the mined area so that the reclaimed area, including
28 any terracing or access roads, closely resembles the
29 general surface configuration of the land prior to mining
30 and blends into and compliments the drainage pattern of
31 the surrounding terrain, with all highwalls and spoil
32 piles eliminated.
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1 (3) "Article" means an article of this Act.
2 (4) "Department" means the Department of Natural
3 Resources, or such department, bureau, or commission as
4 may lawfully succeed to the powers and duties of such
5 Department.
6 (5) "Director" means the Director of the Department
7 or such officer, bureau or commission as may lawfully
8 succeed to the powers and duties of such Director.
9 (6) "Federal Act" means the Federal Surface Mining
10 Control and Reclamation Act of 1977 (Public Law 95-87).
11 (7) "Imminent danger to the health and safety of
12 the public" means the existence of any condition or
13 practice, or any violation of a permit or other
14 requirement of this Act in a mining and reclamation
15 operation, which condition, practice, or violation could
16 reasonably be expected to cause substantial physical harm
17 to persons outside the permit area before such condition,
18 practice, or violation can be abated. A reasonable
19 expectation of death or serious injury before abatement
20 exists if a rational person, subjected to the same
21 conditions or practices giving rise to the peril, would
22 not expose himself to the danger during the time
23 necessary for abatement.
24 (8) (Blank).
25 (9) "Interagency Committee" means the Interagency
26 Committee on Surface Mining Control and Reclamation
27 created by Section 1.05.
28 (9-a) "Lands eligible for remining" means those
29 lands that would otherwise be eligible for expenditures
30 under the Abandoned Mined Lands and Water Reclamation
31 Act.
32 (10) "Mining and reclamation operations" means
33 mining operations and all activities necessary and
34 incident to the reclamation of such operations.
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1 (11) "Mining operations" means both surface mining
2 operations and underground mining operations.
3 (12) "Operator" means any person engaged in coal
4 mining, and includes political subdivisions, units of
5 local government and instrumentalities of the State of
6 Illinois, and public utilities.
7 (13) "Permit" means a permit or a revised permit to
8 conduct mining operations and reclamation issued by the
9 Department under this Act.
10 (14) "Permit applicant" or "applicant" means a
11 person applying for a permit.
12 (15) "Permit application" or "application" means an
13 application for a permit under this Act.
14 (16) "Permit area" means the land described in the
15 permit.
16 (17) "Permittee" means a person holding a permit.
17 (18) "Permit term" means the period during which
18 the permittee may engage in mining operations under a
19 permit.
20 (19) "Person" means an individual, partnership,
21 copartnership, firm, joint venture, company, corporation,
22 association, joint stock company, trust, estate,
23 political subdivision, or any other public or private
24 legal entity, or their legal representative, agent or
25 assigns.
26 (20) "Reclamation" means conditioning areas
27 affected by mining operations to achieve the purposes of
28 this Act.
29 (21) "Reclamation plan" means a plan described in
30 Section 2.03.
31 (22) "Regulations" means regulations promulgated
32 under the Federal Act.
33 (23) "Section" means a section of this Act.
34 (24) "Surface mining operations" means (A)
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1 activities conducted on the surface of lands in
2 connection with a surface coal mine or surface
3 operations. Such activities include excavation for the
4 purpose of obtaining coal including such common methods
5 as contour, strip, auger, mountaintop removal, box cut,
6 open pit, and area mining, coal recovery from coal waste
7 disposal areas, the uses of explosives and blasting, and
8 in situ distillation or retorting, leaching or other
9 chemical or physical processing, and the cleaning,
10 concentrating, or other processing or preparation,
11 loading of coal at or near the mine site; and (B) the
12 areas on which such activities occur or where such
13 activities disturb the natural land surface. Such areas
14 include any adjacent land the use of which is incidental
15 to any such activities, all lands affected by the
16 construction of new roads or the improvement or use of
17 existing roads to gain access to the site of such
18 activities and for haulage, and excavations, workings,
19 impoundments, dams, refuse banks, dumps, stockpiles,
20 overburden piles, spoil banks, culm banks, tailings,
21 holes or depressions, repair areas, storage areas,
22 processing areas, shipping areas and other areas upon
23 which are sited structures, facilities, or other property
24 or materials on the surface, resulting from or incident
25 to such activities.
26 (25) "Toxic conditions" and "toxic materials" mean
27 any conditions and materials that will not support higher
28 forms of plant or animal life in any place in connection
29 with or as a result of the completion of mining
30 operations.
31 (26) "Underground mining operations" means the
32 underground excavation of coal and (A) surface operations
33 incident to the underground extraction of coal, such as
34 construction, use, maintenance, and reclamation of roads,
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1 above-ground repair areas, storage areas, processing
2 areas, shipping areas, areas on which are sited support
3 facilities including hoist and ventilation ducts, areas
4 used for the storage and disposal of waste, and areas on
5 which materials incident to underground mining operations
6 are placed, and (B) underground operations incident to
7 underground excavation of coal, such as underground
8 construction, operation, and reclamation of shafts,
9 adits, underground support facilities, in situ
10 processing, and underground mining, hauling, storage, or
11 blasting.
12 (27) "Unwarranted failure to comply" means the
13 failure of a permittee to prevent the occurrence of or to
14 abate any violation of his permit or any requirement of
15 this Act due to indifference, lack of diligence, or lack
16 of reasonable care.
17 The Department shall by rule define other terms used in
18 this Act if necessary or desirable to achieve the purposes of
19 this Act.
20 (Source: P.A. 89-445, eff. 2-7-96.)
21 (225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04)
22 Sec. 1.04. Advisory Council on Reclamation.
23 (a) There is created the Surface Mining Advisory Council
24 to consist of 9 members, plus the Director or his or her
25 designee. Members of the Advisory Council shall be appointed
26 by the Governor, with the advice and consent of the Senate.
27 The members appointed to the Council shall represent the
28 following interests: conservation, agriculture, surface coal
29 mining industry, local government, environmental protection,
30 the colleges and universities, underground coal mining
31 industry, labor, and the general public. The members shall
32 be knowledgeable concerning the nature of problems of mining
33 operations and reclamation. The Council shall select from
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1 its members a chairperson and such other officers as it deems
2 necessary. The term of membership on the Advisory Council
3 shall be 3 years, except that the Governor may make initial
4 appointments or fill vacancies for lesser terms so that at
5 least 3 memberships expire annually. Members may be
6 reappointed. Vacancies occurring on the Advisory Council
7 shall be filled, as nearly as possible, with a person
8 representing the interest of his or her predecessor on the
9 Advisory Council. Members of the Council shall be reimbursed
10 for ordinary and necessary expenses incurred in the
11 performance of the Council's duties. Members of the Council
12 shall, in addition, receive $100 a day for each day spent in
13 the performance of their duties as Advisory Council members.
14 (b) The Advisory Council shall meet at least 3 times in
15 each calendar year on a date specified at least one week in
16 advance of the meeting. A meeting may be called by the
17 Director or on the request of a majority of Advisory Council
18 members.
19 (c) The Council shall act solely as an advisory body to
20 the Director and to the Land Reclamation Division of the
21 Office of Mines and Minerals within the Department. The
22 recommendations of the Council shall have no binding effect
23 on the Director or on the Division of Land Reclamation. The
24 advice, findings and recommendations of the Advisory Council
25 shall be made public in a semi-annual report published by the
26 Department.
27 (d) The Department shall present proposed rules related
28 to this Act, and proposed changes in such rules, to the
29 Advisory Council for its comments before putting such rules
30 or changes into effect, except for circumstances of emergency
31 or other circumstances enumerated in subsection 5(b), (d) and
32 (e) of The Illinois Administrative Procedure Act.
33 (e) The Council shall review the Federal Act and the
34 development and implementation of an approved permanent State
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1 program thereunder. The Council shall make its review and
2 written recommendations to the Director. The Council may
3 seek comment from affected persons and the public prior to
4 making its recommendations.
5 (f) If as a result of any final action by the Congress
6 of the United States, any agency of the United States, or any
7 court, any provision of the Federal Act or the Regulations is
8 amended, modified, construed, or rendered inapplicable to
9 mining and reclamation operations in this State, the Director
10 shall forthwith call a meeting of the Council. The Council
11 shall review such final action and its effect in this State.
12 The Council shall recommend changes in this Act and the rules
13 adopted under this Act which would cause application of this
14 Act to reflect such final action. Pending formal amendment
15 of this Act for reason stated in this subsection, the
16 Director may administer this Act by emergency regulations in
17 accordance with the purposes of this Act and in a manner
18 consistent with any such final action of Congress, a federal
19 agency or a court.
20 (Source: P.A. 81-1015.)
21 (225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
22 Sec. 1.05. Interagency Committee. There is created the
23 Interagency Committee on Surface Mining Control and
24 Reclamation, which shall consist of the Director (or Division
25 Head) of each of the following State agencies: (a) the
26 Department of Agriculture, (b) the Environmental Protection
27 Agency, (c) the Department of Commerce and Community Affairs,
28 and (d) any other State Agency designated by the Director as
29 having a programmatic role in the review or regulation of
30 mining operations and reclamation whose comments are expected
31 by the Director to be relevant and of material benefit to the
32 process of reviewing permit applications under this Act. The
33 Interagency Committee on Surface Mining Control and
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1 Reclamation shall be abolished on June 30, 1997. Beginning
2 July 1, 1997, all programmatic functions formerly performed
3 by the Interagency Committee on Surface Mining Control and
4 Reclamation shall be performed by the Office of Mines and
5 Minerals within the Department of Natural Resources, except
6 as otherwise provided by Section 9.04 of this Act.
7 (Source: P.A. 89-445, eff. 2-7-96.)
8 (225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08)
9 Sec. 2.08. Standards for approval of permits and
10 revisions.
11 (a) On the basis of a complete application, or a
12 revision thereof, and after completion of the procedures
13 required by Section 2.04, the Department shall grant, require
14 modification of, or deny the application. The applicant
15 shall have the burden of establishing that its application
16 complies with all the requirements of this Act.
17 (b) No permit or revised permit shall be issued unless
18 the application affirmatively demonstrates, and the
19 Department finds that (1) the application is accurate and
20 complete and that all the requirements of this Act have been
21 complied with; (2) the applicant has demonstrated that
22 reclamation as required by this Act can be accomplished under
23 this reclamation plan and that completion of the reclamation
24 plan will in fact comply with every applicable performance
25 standard of this Act; (3) the assessment of the probable
26 cumulative impact of all anticipated mining in the area on
27 the hydrologic balance specified by the Department by rule
28 has been made by the Department and the proposed mining
29 operation has been designed to prevent material damage to
30 hydrologic balance outside the permit area; and (4) the area
31 proposed to be mined is not included within an area
32 designated unsuitable for surface coal mining under Article
33 VII and is not within an area under study for such
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1 designation in an administrative proceeding commenced under
2 Article VII. Except for operations subject to exemption by
3 Section 510(d)(2) of the Federal Act (PL95-87), a permit or
4 revised permit for mining operations on prime farmland may be
5 issued only if the Department also finds in writing that the
6 operator has the technological capability to restore such
7 mined area, within a reasonable time, to equivalent or higher
8 levels of yield as non-mined prime farmland in the
9 surrounding area under equivalent levels of management and
10 can meet the soil reconstruction standards in Section 3.07.
11 Such findings shall be made in accordance with standards and
12 procedures adopted by the Department by rule. The Department
13 shall make the findings required by this subsection in
14 writing on the basis of the information set forth in the
15 application, or from information otherwise available which is
16 described in the Department's findings and made available to
17 the applicant and the public.
18 (c) A permit or revised permit may be issued only after
19 the Department considers in writing any comments filed by
20 members of the Interagency Committee and County Boards. When
21 a complete application is received by the Department, a copy
22 of it shall be provided to each member of the Interagency
23 Committee. Members of the Interagency Committee shall review
24 and comment on protection of the hydrologic system, water
25 pollution control, the reclamation plan, soil handling
26 techniques, dams and impoundments and postmining land use.
27 Comments on the application shall be in writing and shall be
28 filed with the Department within 45 days. Each member's
29 comments shall be based on factual, legal and technical
30 considerations with respect to which his agency has
31 authority, and which shall be set forth in writing. A
32 member who does not comment within 45 days shall be deemed to
33 have waived his right to comment under this subsection. The
34 Department shall file comments received from Interagency
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1 Committee members at the same locations at which the permit
2 application is available for public inspection in accordance
3 with Section 2.04.
4 (d) If information available to the Department indicates
5 that any mining operation owned or controlled by the
6 applicant is currently in violation of this Act or other laws
7 pertaining to air or water environmental protection, the
8 permit shall not be issued until the applicant submits proof
9 that such violation has been corrected or is in the process
10 of being corrected to the satisfaction of the Department, or
11 of the department or agency which has jurisdiction over such
12 violation. No permit shall be issued to an applicant after a
13 finding by the Department, after opportunity for hearing,
14 that the applicant, or the operator specified in the
15 application, controls or has controlled mining operations
16 with a demonstrated pattern of wilful violations of the
17 Federal Act or this Act of such nature and duration and with
18 such resulting irreparable damage to the environment as to
19 indicate an intent not to comply with the provisions of the
20 Federal Act or this Act.
21 (e) After the effective date of this amendatory Act of
22 1997, the prohibition of subsection (d) shall not apply to a
23 permit application due to any violation resulting from an
24 unanticipated event or condition at a surface coal mining
25 operation on lands eligible for remining under a permit held
26 by the person making such application.
27 As used in this subsection:
28 (1) "unanticipated event or condition" means an
29 event or condition encountered in a remining operation
30 that was not contemplated in the applicable surface coal
31 mining and reclamation permit; and
32 (2) "violation" has the same meaning as such term
33 has under subsection (d).
34 (Source: P.A. 81-1015.)
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1 (225 ILCS 720/6.07) (from Ch. 96 1/2, par. 7906.07)
2 Sec. 6.07. Forfeiture.
3 (a) The Attorney General, on request of the Department,
4 shall institute proceedings to have the bond of the operator
5 forfeited for violation by the operator of any of the
6 provisions of this Act or for noncompliance with any lawful
7 rule or regulation promulgated by the Department thereunder.
8 Before making such request of the Attorney General, the
9 Department shall notify the operator in writing of the
10 alleged violation or non-compliance and shall afford the
11 operator the right to appear before the Department at a
12 hearing to be held not less than 30 days after the receipt of
13 such notice by the operator. At the hearing the operator may
14 present for the consideration of the Department statements,
15 documents and other information with respect to the alleged
16 violation. After the conclusion of the hearing, the
17 Department shall either withdraw the notice of violation or
18 shall request the Attorney General to institute proceedings
19 to have the bond of the operator forfeited as to the land
20 involved.
21 (b) The Department shall prescribe by rule the events
22 and conditions on the basis of which it may request the
23 Attorney General to institute bond forfeiture proceedings.
24 Such rules shall be no less stringent than the Regulations.
25 (c) In the event that the Department requests the
26 Attorney General to institute proceedings to have the bond
27 forfeited, the Department shall send written notification to
28 the permittee and, if applicable, the surety on the bond,
29 stating the reasons for its decision and the amount to be
30 forfeited.
31 (d) The amount of forfeiture shall be based on the
32 actual cost of the necessary work by a third party to remedy
33 the violation, except that the amount shall not exceed the
34 amount of the bond or deposit for the area in which the
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1 violation occurred.
2 (e) Any operator against whom forfeiture proceedings
3 have been required shall not be issued a permit for further
4 mining in Illinois unless he provides additional assurances
5 satisfactory to the Department that such proceedings will not
6 again become necessary.
7 (f) In the event the bond or deposit for a surface coal
8 mining operation on lands eligible for remining is forfeited,
9 funds appropriated for expenditure under the Abandoned Mined
10 Lands and Water Reclamation Act may be used if the amount of
11 the bond or deposit is not sufficient to provide for adequate
12 reclamation or abatement.
13 (Source: P.A. 81-1015.)
14 (225 ILCS 720/6.08) (from Ch. 96 1/2, par. 7906.08)
15 Sec. 6.08. Release of bonds.
16 (a) A permittee may file a request with the Department
17 for the release of all or part of a performance bond or
18 deposit. Within 30 days after an application for such release
19 has been filed with the Department, the operator shall submit
20 a copy of a public notice placed at least once a week for 4
21 successive weeks in a newspaper of general circulation in the
22 locality of the mining operation. Such public notice shall
23 be considered part of the bond release application and shall
24 contain a notification of the precise location of the land
25 affected, the number of acres, the permit and the date it was
26 approved, the amount of the bond filed and the portion sought
27 to be released, the type and approximate dates of reclamation
28 work performed, and a description of the results achieved as
29 they relate to the operator's approved reclamation. In
30 addition, as part of any bond release application, the
31 applicant shall submit copies of letters which he has sent to
32 adjoining property owners, local governmental bodies, county
33 boards, planning agencies, and sewage and water treatment
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1 authorities, or water companies in the locality in which the
2 mining and reclamation operations took place, notifying them
3 of his intention to seek release from the bond.
4 (b) Within 30 days after receipt of the notification and
5 request, the Department shall conduct an inspection and
6 evaluation of the reclamation work involved. Such evaluation
7 shall consider, among other things, the degree of difficulty
8 to complete any remaining reclamation, whether pollution of
9 surface and subsurface water is occurring, the probability of
10 continuance or future occurrence of such pollution, and the
11 estimated cost of abating such pollution.
12 (c) Any person with a valid legal interest which might
13 be adversely affected by release of the bond or deposit, or
14 the responsible officer or head of any Federal, State, or
15 local governmental agency which has jurisdiction by law or
16 special expertise with respect to any environmental, social,
17 or economic impact involved in the operation, or is
18 authorized to develop and enforce environmental standards
19 with respect to such operations, may file written objections
20 to the proposed release with the Department within 30 days
21 after the last publication of the notice provided in
22 subsection (a) of this Section. If written objections are
23 filed, and a hearing is requested, the Department shall
24 inform all interested parties of the time and place of the
25 hearing, and shall hold a public hearing in the locality of
26 the mining operation proposed for bond or deposit release
27 within 30 days after the request for such hearing. At the
28 option of an objector, hearings shall be held at the State
29 capital. The Department shall advertise the date, time and
30 location of such public hearings in a newspaper of general
31 circulation in the locality for 2 consecutive weeks.
32 (d) The Department may release in whole or in part said
33 bond or deposit if the Department is satisfied the
34 reclamation covered by the bond or deposit or portion thereof
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1 has been accomplished as required by this Act according to
2 the following schedule:
3 (1) When the operator completes the backfilling,
4 regrading, and drainage control of a bonded area in
5 accordance with an approved reclamation plan, a maximum of 60
6 per cent of the bond or collateral for the applicable permit
7 area may be released.
8 (2) After revegetation has been established on the
9 regraded mined lands in accordance with the approved
10 reclamation plan, an additional amount of the bond or deposit
11 may be released. When determining the amount of bond or
12 deposit to be released after successful revegetation has been
13 established, the Department shall retain that amount of bond
14 or deposit for the revegetated area which would be sufficient
15 for a third party to pay the cost of reestablishing
16 revegetation and for the period specified for operator
17 responsibility. No part of the bond or deposit shall be
18 released under this paragraph so long as the lands to which
19 the release would be applicable are contributing suspended
20 solids to streamflow or runoff outside the permit area in
21 excess of the requirements set by this Act or until soil
22 productivity for prime farmlands has returned to equivalent
23 levels of yield as nonmined land of the same soil type in the
24 surrounding area under equivalent management practices.
25 (3) When the operator has successfully completed all
26 mining and reclamation activities, the remaining portion of
27 the bond may be released, but not before the expiration of
28 the period specified for operator responsibility.
29 (4) No bond shall be fully released until all
30 reclamation requirements of the permit and this Act are fully
31 met.
32 (e) The Department shall notify the permittee in writing
33 of its decision to release or not to release all or part of
34 the performance bond or deposit (1) within 60 days after the
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1 filing of the request, if no public hearing is held under
2 subsection (c) of this Section, or (2) if a public hearing
3 has been held under subsection (c) of this Section, within 30
4 days thereafter.
5 (f) If the Department disapproves the application for
6 release of the bond or deposit or portion thereof, the
7 Department shall state in writing the reasons for disapproval
8 and shall recommend corrective actions necessary to secure
9 said release. An opportunity for a public hearing shall be
10 provided.
11 (g) If the Department approves the application, it shall
12 notify the municipality and county in which the mining
13 operation is located by certified mail at least 30 days prior
14 to the release of all or a portion of the bond or deposit.
15 (h) The Department may by rule provide procedures for
16 the administration of this Section, including procedures for
17 hearings and informal conferences.
18 (i) Surface coal mining operations on lands eligible for
19 remining shall not affect the eligibility of those lands for
20 reclamation and restoration under the Abandoned Mined Lands
21 and Water Reclamation Act after the release of the bond or
22 deposit for any such operation under this Section.
23 (Source: P.A. 81-1509.)
24 (225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03)
25 Sec. 7.03. Procedure for designation.
26 (a) Any person having an interest which is or may be
27 adversely affected shall have the right to petition the
28 Department to have an area designated as unsuitable for all
29 or certain types of mining operations, or to have such a
30 designation terminated. Such a petition shall contain
31 allegations of facts with supporting evidence which would
32 tend to establish the allegations.
33 (b) Immediately after a petition under this Section is
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1 received, the Department shall prepare a land report in
2 accordance with Section 7.04, unless the petition is rejected
3 by the Department as incomplete, frivolous, or submitted by a
4 person lacking an interest which is or may be adversely
5 affected by surface coal mining operations.
6 (c) Within 10 months after receipt of the petition, the
7 Department shall hold a public hearing in the locality of the
8 affected area, after appropriate notice and publication of
9 the date, time, and location of such hearing. Such notice
10 and publication shall state that a Land Report is available
11 for public inspection and the locations at which it may be
12 inspected. Such a hearing shall be held not less than 30
13 days after the Land Report has been prepared by the
14 Department in accordance with Section 7.04. After petition
15 is filed under this Section and before the hearing, any
16 person may intervene by filing allegations of facts with
17 supporting evidence which would tend to establish the
18 allegations.
19 (d) Within 60 days after such hearing, the Department
20 shall issue and furnish to the petitioner and all other
21 parties to the hearing, a written decision regarding the
22 petition, and the reasons therefor.
23 (e) In the event that all the petitioners stipulate
24 agreement prior to the requested hearing, and withdraw their
25 request, such hearing need not be held.
26 (f) The Department may by rule adopt additional
27 procedures for designation of lands under this Article. The
28 Department shall adopt rules to prevent the filing of
29 repetitive or frivolous petitions with respect to particular
30 lands, and prescribing procedures for expediting decisions on
31 repetitive or frivolous petitions.
32 (Source: P.A. 89-445, eff. 2-7-96.)
33 (225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04)
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1 Sec. 7.04. Land Report.
2 (a) The Department shall prepare a Land Report with
3 respect to each petition filed with the Department under
4 Section 7.03. Each Land Report shall evaluate whether mining
5 operations on the land which is the subject of the petition
6 would have any or all of the effects described in subsection
7 (b) of Section 7.02. Each Land Report shall also contain a
8 detailed statement on (1) the potential coal resources of the
9 area, (2) the demand for coal resources, and (3) the impact
10 of a designation of such lands as unsuitable for mining on
11 the environment, the economy, and the supply of coal. The
12 Land Report shall state objectively the information which the
13 Department has, but shall not contain a recommendation with
14 respect to whether the petition should be granted or denied.
15 Each Land Report shall be completed not later than eight
16 months after receipt of the petition filed under Section
17 7.03.
18 (b) Each Land Report shall be made available to the
19 public by the Department at least 30 days before the
20 Department holds a public hearing under Section 7.03.
21 (Source: P.A. 89-445, eff. 2-7-96.)
22 (225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01)
23 Sec. 9.01. Rules.
24 (a) The Department may propose, adopt and promulgate
25 reasonable rules in conformity with this Act. When it
26 proposes or adopts rules the Department shall consider the
27 terrain, the climate and other conditions of this State.
28 Rules shall reflect the distinct differences between surface
29 mining operations and underground mining operations.
30 (b) Any person may file a written petition with the
31 Department proposing the adoption, amendment or repeal of any
32 rule under this Act. Within 90 days after a receipt of a
33 petition, the Department shall initiate a rule-making
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1 proceeding under this Section with respect to such proposal,
2 or deny such petition, setting forth in writing the reasons
3 for such denial.
4 (c) Prior to the adoption, amendment, or repeal of any
5 rule, the Department shall give at least 45 days notice of
6 its intended action. This notice period shall commence on the
7 first day the notice appears in the Illinois Register. The
8 notice shall include (1) a text of the proposed rule, or the
9 old and new materials of a proposed amendment, or the text of
10 the provision to be repealed; (2) the specific statutory
11 citation on which the proposed rule, the proposed amendment
12 to a rule or the proposed repeal of a rule is based and is
13 authorized; (3) a description of the subjects and issues
14 involved; and (4) the time, place and manner in which
15 interested persons may present their views and comments on
16 the intended action. The notice shall be mailed to all
17 persons who have filed a request with the Department for
18 advance notice of rule-making proceedings.
19 (d) All interested persons who submit a request within
20 30 days after notice of the proposed change is published in
21 the Illinois Register shall be afforded a reasonable
22 opportunity to submit data, views, arguments or comments,
23 either orally or in writing or both. The right to
24 cross-examine any witnesses shall be given to any interested
25 parties, if such right is requested. The Department shall
26 consider fully all written and oral submissions respecting
27 the proposed rule.
28 (e) No rule may be adopted unless substantial evidence
29 in support of such rule is submitted. When a rule is adopted,
30 the Department shall issue a concise statement of the
31 principal reasons for or against its adoption, and its
32 reasons for overruling the considerations urged against its
33 adoption.
34 (f) No rule is valid unless adopted in compliance with
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1 this Section.
2 (g) The Department shall file in the office of the
3 Secretary of State and in the Department's principal office a
4 certified copy of each rule and modification or repeal of any
5 rule adopted by it.
6 (c) (h) Each adopted rule is effective 30 days after
7 filing, unless a later date is specified in the rule. No rule
8 adopted shall be retroactive. Any operator shall have the
9 right to proceed with operations under this Act until such
10 rules are adopted and no such rules shall be made applicable
11 to any operations prior to the effective date thereof.
12 (d) (i) In addition to the provisions of this Section,
13 and to the extent consistent with this Section, the
14 provisions of the Illinois Administrative Procedure Act apply
15 to the adoption of rules under this Act.
16 (Source: P.A. 81-1015.)
17 Section 60. The Toxic Pollution Prevention Act is amended
18 by changing Sections 3 and 5 as follows:
19 (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
20 Sec. 3. Definitions. As used in this Act:
21 "Agency" means the Illinois Environmental Protection
22 Agency.
23 "Center" means the Waste Management and Research
24 Hazardous Waste Research and Information Center.
25 "Person" means any individual, partnership,
26 co-partnership, firm, company, corporation, association,
27 joint stock company, trust, political subdivision, State
28 agency, or any other legal entity, or its legal
29 representative, agent or assigns.
30 "Release" means emission to the air, discharge to surface
31 waters or off-site wastewater treatment facilities, or
32 on-site release to the land, including but not limited to
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1 landfills, surface impoundments and injection wells.
2 "Toxic substance" means any substance listed by the
3 Agency pursuant to Section 4 of this Act.
4 "Toxic pollution prevention" means in-plant practices
5 that reduce, avoid or eliminate: (i) the use of toxic
6 substances, (ii) the generation of toxic constituents in
7 wastes, (iii) the disposal or release of toxic substances
8 into the environment, or (iv) the development or manufacture
9 of products with toxic constituents, through the application
10 of any of the following techniques:
11 (1) input substitution, which refers to replacing a
12 toxic substance or raw material used in a production
13 process with a nontoxic or less toxic substance;
14 (2) product reformulation, which refers to
15 substituting for an existing end product an end product
16 which is nontoxic or less toxic upon use, release or
17 disposal;
18 (3) production process redesign or modification,
19 which refers to developing and using production processes
20 of a different design than those currently used;
21 (4) production process modernization, which refers
22 to upgrading or replacing existing production process
23 equipment or methods with other equipment or methods
24 based on the same production process;
25 (5) improved operation and maintenance of existing
26 production process equipment and methods, which refers to
27 modifying or adding to existing equipment or methods,
28 including but not limited to such techniques as improved
29 housekeeping practices, system adjustments, product and
30 process inspections, and production process control
31 equipment or methods;
32 (6) recycling, reuse or extended use of toxic
33 substances by using equipment or methods which become an
34 integral part of the production process, including but
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1 not limited to filtration and other closed loop methods.
2 However, "toxic pollution prevention" shall not include
3 or in any way be inferred to promote or require incineration,
4 transfer from one medium of release to another, off-site or
5 out of process waste recycling, or end of pipe treatment of
6 toxic substances.
7 "Trade secret" means any information concerning
8 production processes employed or substances manufactured,
9 processed or otherwise used within a facility which the
10 Agency determines to satisfy the criteria established under
11 Section 3.48 of the Environmental Protection Act, and to
12 which specific trade secret status has been granted by the
13 Agency.
14 (Source: P.A. 86-914.)
15 (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
16 Sec. 5. Toxic Pollution Prevention Assistance Program.
17 There is hereby established a Toxic Pollution Prevention
18 Assistance Program at the Waste Management and Research
19 Hazardous Waste Research and Information Center. The Center
20 may establish cooperative programs with public and private
21 colleges and universities designed to augment the
22 implementation of this Section. The Center may establish
23 fees, tuition, or other financial charges for participation
24 in the Assistance Program. These monies shall be deposited in
25 the Toxic Pollution Prevention Fund established in Section 7
26 of this Act. Through the Assistance Program, the Center:
27 (1) Shall provide general information about and
28 actively publicize the advantages of and developments in
29 toxic pollution prevention.
30 (2) May establish courses, seminars, conferences
31 and other events, and reports, updates, guides and other
32 publications and other means of providing technical
33 information for industries, local governments and
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1 citizens concerning toxic pollution prevention
2 strategies, and may, as appropriate, work in cooperation
3 with the Agency.
4 (3) Shall engage in research on toxic pollution
5 prevention methods. Such research shall include
6 assessments of the impact of adopting toxic pollution
7 prevention methods on the environment, the public health,
8 and worker exposure, and assessments of the impact on
9 profitability and employment within affected industries.
10 (4) Shall provide on-site technical consulting, to
11 the extent practicable, to help facilities to identify
12 opportunities for toxic pollution prevention, and to
13 develop toxic pollution prevention plans. To be eligible
14 for such consulting, the owner or operator of a facility
15 must agree to allow information regarding the results of
16 such consulting to be shared with the public, provided
17 that the identity of the facility shall be made available
18 only with its consent, and trade secret information shall
19 remain protected.
20 (5) May sponsor pilot projects in cooperation with
21 the Agency, or an institute of higher education to
22 develop and demonstrate innovative technologies and
23 methods for toxic pollution prevention. The results of
24 all such projects shall be available for use by the
25 public, but trade secret information shall remain
26 protected.
27 (6) May award grants for activities that further
28 the purposes of this Act, including but not limited to
29 the following:
30 (A) grants to not-for-profit organizations to
31 establish free or low-cost technical assistance or
32 educational programs to supplement the toxic
33 pollution prevention activities of the Center;
34 (B) grants to assist trade associations,
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1 business organizations, labor organizations and
2 educational institutions in developing training
3 materials to foster toxic pollution prevention; and
4 (C) grants to assist industry, business
5 organizations, labor organizations, education
6 institutions and industrial hygienists to identify,
7 evaluate and implement toxic pollution prevention
8 measures and alternatives through audits, plans and
9 programs.
10 The Center may establish criteria and terms for such
11 grants, including a requirement that a grantee provide
12 matching funds. Grant money awarded under this Section
13 may not be spent for capital improvements or equipment.
14 In determining whether to award a grant, the
15 Director shall consider at least the following:
16 (i) the potential of the project to prevent
17 pollution;
18 (ii) the likelihood that the project will
19 develop techniques or processes that will minimize
20 the transfer of pollution from one environmental
21 medium to another;
22 (iii) the extent to which information to be
23 developed through the project will be applicable to
24 other persons in the State; and
25 (iv) the willingness of the grant applicant to
26 assist the Center in disseminating information about
27 the pollution prevention methods to be developed
28 through the project.
29 (7) Shall establish and operate a State information
30 clearinghouse that assembles, catalogues and disseminates
31 information about toxic pollution prevention and
32 available consultant services. Such clearinghouse shall
33 include a computer database containing information on
34 managerial, technical and operational approaches to
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1 achieving toxic pollution prevention. The computer
2 database must be maintained on a system designed to
3 enable businesses, governmental agencies and the general
4 public readily to obtain information specific to
5 production technologies, materials, operations and
6 products. A business shall not be required to submit to
7 the clearinghouse any information that is a trade secret.
8 (8) May contract with an established institution of
9 higher education to assist the Center in carrying out the
10 provisions of this Section. The assistance provided by
11 such an institution may include, but need not be limited
12 to:
13 (A) engineering field internships to assist
14 industries in identifying toxic pollution prevention
15 opportunities;
16 (B) development of a toxic pollution
17 prevention curriculum for students and faculty; and
18 (C) applied toxic pollution prevention and
19 recycling research.
20 (9) Shall emphasize assistance to businesses that
21 have inadequate technical and financial resources to
22 obtain information and to assess and implement toxic
23 pollution prevention methods.
24 (10) Shall publish a biannual report on its toxic
25 pollution prevention activities, achievements, identified
26 problems and future goals.
27 (Source: P.A. 86-914; 86-1363.)
28 Section 65. The Illinois Pollution Prevention Act is
29 amended by changing Section 10 as follows:
30 (415 ILCS 115/10)
31 Sec. 10. Definitions. As used in this Act:
32 "Agency" means the Illinois Environmental Protection
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1 Agency.
2 "Center" means the Waste Management and Research
3 Hazardous Waste Research and Information Center.
4 "Person" means any individual, partnership,
5 co-partnership, firm, company, corporation, association,
6 joint stock company, trust, political subdivision, State
7 agency, or any other legal entity, or its legal
8 representative, agent or assigns.
9 "Release" means emission to the air, discharge to surface
10 waters or off-site wastewater treatment facilities, or
11 on-site release to the land, including but not limited to
12 landfills, surface impoundments and injection wells.
13 "Toxic or hazardous materials" means (i) any materials
14 that are reported to the Agency as released in Illinois under
15 Section 313 of the federal Emergency Planning and Community
16 Right to Know Act of 1986; and (ii) those wastes that are
17 reported as hazardous wastes by hazardous waste generators in
18 Illinois.
19 (Source: P.A. 87-1213.)
20 Section 70. The Fish and Aquatic Life Code is amended by
21 changing Section 15-35 as follows:
22 (515 ILCS 5/15-35) (from Ch. 56, par. 15-35)
23 Sec. 15-35. Mussels; open season. Mussels may be taken
24 only during the period of April 1 15 to September 30, both
25 inclusive, and then only from sunrise to sunset and only by
26 means of crowfoot bars or hand picking, with or without the
27 aid of air breathing apparatus; except that in the Illinois
28 River and Mississippi River, including adjoining back water
29 lakes, mussels may be taken during the season by the
30 additional means of hand rakes, hand forks, or hand dredges.
31 Mussels may be taken from the Mississippi, Ohio, Wabash, and
32 Illinois rivers. Mussel fishing is permitted in other waters
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1 only upon written authorization from the Department.
2 (Source: P.A. 87-833.)
3 Section 75. The Wildlife Code is amended by changing
4 Section 2.26 as follows:
5 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
6 Sec. 2.26. Any person attempting to take deer shall
7 first obtain a "Deer Hunting Permit" in accordance with
8 prescribed regulations set forth in an Administrative Rule.
9 Deer Hunting Permits shall be issued by the Department. The
10 fee for a Deer Hunting Permit to take deer with either bow
11 and arrow or gun shall not exceed $15.00 for residents of the
12 State. The Department may by administrative rule provide for
13 non-resident deer hunting permits for which the fee will not
14 exceed $100 except as provided below for non-resident
15 landowners. Permits shall be issued without charge to:
16 (a) Illinois landowners residing in Illinois who
17 own at least 40 acres of Illinois land and wish to hunt
18 their land only,
19 (b) resident tenants of at least 40 acres of
20 commercial agricultural land where they will hunt, and
21 (c) shareholders of a corporation which owns at
22 least 40 acres of land in a county in Illinois who wish
23 to hunt on the corporation's land only. One permit shall
24 be issued without charge to one shareholder for each 40
25 acres of land owned by the corporation in a county;
26 however, the number of permits issued without charge to
27 shareholders of any corporation in any county shall not
28 exceed 15.
29 Bona fide landowners or tenants who do not wish to hunt
30 only on the land they own, rent or lease or shareholders who
31 do not wish to hunt only on the land owned by the corporation
32 shall be charged the same fee as the applicant who is not a
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1 landowner, tenant or shareholder. Nonresidents of Illinois
2 who own at least 40 acres of land and wish to hunt on their
3 land only shall be charged a fee set by administrative rule.
4 The method for obtaining these permits shall be prescribed by
5 administrative rule.
6 The deer hunting permit issued without fee shall be valid
7 on all farm lands which the person to whom it is issued owns,
8 leases or rents, except that in the case of a permit issued
9 to a shareholder, the permit shall be valid on all lands
10 owned by the corporation in the county.
11 The Department may set aside, in accordance with the
12 prescribed regulations set forth in an administrative rule of
13 the Department, a limited number of Deer Hunting Permits to
14 be available to persons providing evidence of a contractual
15 arrangement to hunt on properties controlled by a bona fide
16 Illinois outfitter. The number of available permits shall be
17 based on a percentage of unfilled permits remaining after the
18 previous year's lottery. Eligible outfitters shall be those
19 having membership in, and accreditation conferred by, a
20 professional association of outfitters approved by the
21 Department. The association shall be responsible for setting
22 professional standards and codes of conduct for its
23 membership, subject to Departmental approval. In addition to
24 the fee normally charged for resident and nonresident
25 permits, a reservation fee not to exceed $200 shall be
26 charged to the outfitter for each permit set aside in
27 accordance with this Act. The reservation fee shall be
28 deposited into the Wildlife and Fish Fund.
29 The standards and specifications for use of guns and bow
30 and arrow for deer hunting shall be established by
31 administrative rule.
32 No person may have in his possession any other firearm or
33 sidearm when taking deer by the use of either a shotgun, bow
34 and arrow or muzzle loading rifle.
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1 Persons having a firearm deer hunting permit shall be
2 permitted to take deer only during the period from 1/2 hour
3 before sunrise to sunset, and only during those days for
4 which an open season is established for the taking of deer by
5 use of shotgun or muzzle loading rifle.
6 Persons having an archery deer hunting permit shall be
7 permitted to take deer only during the period from 1/2 hour
8 before sunrise to 1/2 hour after sunset, and only during
9 those days for which an open season is established for the
10 taking of deer by use of bow and arrow.
11 It shall be unlawful for any person to take deer by use
12 of dogs, horses, automobiles, aircraft or other vehicles, or
13 by the use of salt or bait of any kind. An area is
14 considered as baited during the presence of and for 10
15 consecutive days following the removal of bait.
16 It shall be unlawful to possess or transport any wild
17 deer which has been injured or killed in any manner upon a
18 public highway or public right-of-way of this State unless
19 exempted by administrative rule.
20 Persons hunting deer must have gun unloaded and no or bow
21 and arrow cased, unstrung or otherwise made inoperable by a
22 locking device shall be carried with the arrow in the nocked
23 position during hours when deer hunting is unlawful.
24 It shall be unlawful for any person, having taken the
25 legal limit of deer by gun, to further participate with gun
26 in any deer hunting party.
27 It shall be unlawful for any person, having taken the
28 legal limit of deer by bow and arrow, to further participate
29 with bow and arrow in any deer hunting party.
30 The Department may prohibit upland game hunting during
31 the gun deer season by administrative rule.
32 It shall be legal for handicapped persons, as defined in
33 Section 2.33, to utilize a crossbow device, as defined in
34 Department rules, to take deer.
SB304 Enrolled -56- LRB9002358NTsb
1 Any person who violates any of the provisions of this
2 Section, including administrative rules, shall be guilty of a
3 Class B misdemeanor.
4 (Source: P.A. 88-45; 88-416; 88-670, eff. 12-2-94; 89-715,
5 eff. 2-21-97.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.