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90_SB0304sam001
LRB9002358SMdvam01
1 AMENDMENT TO SENATE BILL 304
2 AMENDMENT NO. . Amend Senate Bill 304 by replacing
3 the title with the following:
4 "AN ACT regarding natural resources."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Personnel Code is amended by changing
8 Section 4c as follows:
9 (20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
10 Sec. 4c. General exemptions. The following positions in
11 State service shall be exempt from jurisdictions A, B, and C,
12 unless the jurisdictions shall be extended as provided in
13 this Act:
14 (1) All officers elected by the people.
15 (2) All positions under the Lieutenant Governor,
16 Secretary of State, State Treasurer, State Comptroller,
17 State Board of Education, Clerk of the Supreme Court, and
18 Attorney General.
19 (3) Judges, and officers and employees of the
20 courts, and notaries public.
21 (4) All officers and employees of the Illinois
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1 General Assembly, all employees of legislative
2 commissions, all officers and employees of the Illinois
3 Legislative Reference Bureau, the Legislative Research
4 Unit, and the Legislative Printing Unit.
5 (5) All positions in the Illinois National Guard,
6 and Illinois State Guard, paid from federal funds or
7 positions in the State Military Service filled by
8 enlistment and paid from State funds.
9 (6) All employees of the Governor at the executive
10 mansion and on his immediate personal staff.
11 (7) Directors of Departments, the Adjutant General,
12 the Assistant Adjutant General, the Director of the
13 Illinois Emergency Management Agency, members of boards
14 and commissions, and all other positions appointed by
15 the Governor by and with the consent of the Senate.
16 (8) The presidents, other principal administrative
17 officers, and teaching, research and extension faculties
18 of Chicago State University, Eastern Illinois University,
19 Governors State University, Illinois State University,
20 Northeastern Illinois University, Northern Illinois
21 University, Western Illinois University, the Illinois
22 Community College Board, Southern Illinois University,
23 Illinois Board of Higher Education, University of
24 Illinois, State Universities Civil Service System,
25 University Retirement System of Illinois, and the
26 administrative officers and scientific and technical
27 staff of the Illinois State Museum.
28 (9) All other employees except the presidents,
29 other principal administrative officers, and teaching,
30 research and extension faculties of the universities
31 under the jurisdiction of the Board of Regents and the
32 colleges and universities under the jurisdiction of the
33 Board of Governors of State Colleges and Universities,
34 Illinois Community College Board, Southern Illinois
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1 University, Illinois Board of Higher Education, Board of
2 Governors of State Colleges and Universities, the Board
3 of Regents, University of Illinois, State Universities
4 Civil Service System, University Retirement System of
5 Illinois, so long as these are subject to the provisions
6 of the State Universities Civil Service Act.
7 (10) The State Police so long as they are subject
8 to the merit provisions of the State Police Act.
9 (11) The scientific staff of the State Scientific
10 Surveys and the Waste Management and Research Hazardous
11 Waste Research and Information Center.
12 (12) The technical and engineering staffs of the
13 Department of Transportation, the Department of Nuclear
14 Safety, and of the Illinois Commerce Commission, and the
15 technical and engineering staff providing architectural
16 and engineering services in the Department of Central
17 Management Services.
18 (13) All employees of the Illinois State Toll
19 Highway Commission.
20 (14) The Secretary of the Industrial Commission.
21 (15) All persons who are appointed or employed by
22 the Director of Insurance under authority of Section 202
23 of the Illinois Insurance Code to assist the Director of
24 Insurance in discharging his responsibilities relating to
25 the rehabilitation, liquidation, conservation, and
26 dissolution of companies that are subject to the
27 jurisdiction of the Illinois Insurance Code.
28 (16) All employees of the St. Louis Metropolitan
29 Area Airport Authority.
30 (17) All investment officers employed by the
31 Illinois State Board of Investment.
32 (18) Employees of the Illinois Young Adult
33 Conservation Corps program, administered by the Illinois
34 Department of Natural Resources, authorized grantee under
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1 Title VIII of the "Comprehensive Employment and Training
2 Act of 1973", 29 USC 993.
3 (19) Seasonal employees of the Department of
4 Agriculture for the operation of the Illinois State Fair
5 and the DuQuoin State Fair, no one person receiving more
6 than 29 days of such employment in any calendar year.
7 (20) All "temporary" employees hired under the
8 Department of Natural Resources' Illinois Conservation
9 Service, a youth employment program that hires young
10 people to work in State parks for a period of one year or
11 less.
12 (21) All hearing officers of the Human Rights
13 Commission.
14 (22) All employees of the Illinois Mathematics and
15 Science Academy.
16 (23) All employees of the Kankakee River Valley
17 Area Airport Authority.
18 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
19 Section 10. The Civil Administrative Code of Illinois is
20 amended by changing Section 46.13a as follows:
21 (20 ILCS 605/46.13a) (from Ch. 127, par. 46.13a)
22 Sec. 46.13a. Environmental Regulatory Assistance Program.
23 (a) The following terms, whenever used or referred to in
24 this Section, shall have the following meanings ascribed to
25 them, except where the context clearly requires otherwise:
26 (1) "Small business stationary source" means a
27 business that is owned or operated by a person that
28 employs 100 or fewer individuals; is a small business; is
29 not a major stationary source as defined in Titles I and
30 III of the federal 1990 Clean Air Act Amendments; does
31 not emit 50 tons or more per year of any regulated
32 pollutant (as defined under the federal Clean Air Act);
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1 and emits less than 75 tons per year of all regulated
2 pollutants.
3 (2) "Department" means the Illinois Department of
4 Commerce and Community Affairs.
5 (b) The Department may:
6 (1) Provide access to technical and compliance
7 information for Illinois firms, including small and
8 middle market companies, to facilitate local business
9 compliance with the federal, State and local
10 environmental regulations.
11 (2) Coordinate and enter into cooperative
12 agreements with a State ombudsman office, which shall be
13 established in accordance with the federal 1990 Clean Air
14 Act Amendments to provide direct oversight to the program
15 established under that Act.
16 (3) Enter into contracts, cooperative agreements,
17 and financing agreements and establish and collect
18 charges and fees necessary or incidental to the
19 performance of duties and the execution of powers under
20 this Section.
21 (4) Accept and expend, subject to appropriation,
22 gifts, grants, awards, funds, contributions, charges,
23 fees and other financial or nonfinancial aid from
24 federal, State and local governmental agencies,
25 businesses, educational agencies, not-for-profit
26 organizations, and other entities, for the purposes of
27 this Section.
28 (5) Establish, staff and administer programs and
29 services and adopt such rules and regulations as may be
30 necessary to carry out the intent of this Section and
31 Section 507, "Small Business Stationary Source Technical
32 and Environmental Compliance Assistance Program", of the
33 federal 1990 Clean Air Act Amendments.
34 (c) The Department's environmental compliance programs
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1 and services for businesses may include, but need not be
2 limited to, the following:
3 (1) Communication and outreach services to or on
4 behalf of individual companies, including collection and
5 compilation of appropriate information on regulatory
6 compliance issues and control technologies, and
7 dissemination of such information through publications,
8 direct mailings, electronic communications, conferences,
9 workshops, one-on-one counseling and other means of
10 technical assistance.
11 (2) Provision of referrals and access to technical
12 assistance, pollution prevention and facility audits, and
13 otherwise serving as an information clearinghouse on
14 pollution prevention through the coordination of the
15 Waste Management and Research Hazardous Waste Research
16 and Information Center, a division of the Department of
17 Natural Resources. In addition, environmental and
18 regulatory compliance issues and techniques, which may
19 include business rights and responsibilities, applicable
20 permitting and compliance requirements, compliance
21 methods and acceptable control technologies, release
22 detection, and other applicable information may be
23 provided.
24 (3) Coordination with and provision of
25 administrative and logistical support to the State
26 Compliance Advisory Panel.
27 (d) There is hereby created a special fund in the State
28 Treasury to be known as the Small Business Environmental
29 Assistance Fund. Monies received under subdivision (b)(4) of
30 this Section shall be deposited into the Fund.
31 Monies in the Small Business Environmental Assistance
32 Fund may be used, subject to appropriation, only for the
33 purposes authorized by this Section.
34 (Source: P.A. 89-445, eff. 2-7-96.)
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1 Section 15. The Business Assistance and Regulatory Reform
2 Act is amended by changing Section 15 as follows:
3 (20 ILCS 608/15)
4 Sec. 15. Providing information and expediting permit
5 reviews.
6 (a) The office shall provide an information system using
7 a toll-free business assistance number. The number shall be
8 advertised throughout the State. If requested, the caller
9 will be sent a basic business kit, describing the basic
10 requirements and procedures for doing business in Illinois.
11 If requested, the caller shall be directed to one or more of
12 the additional services provided by the office. In addition,
13 the office shall have branches located throughout the State
14 to assist persons who prefer not (or who are unable) to use
15 the call system. All persons providing advice to callers on
16 behalf of the office and all persons responsible for directly
17 providing services to persons visiting the office or one of
18 its branches shall be persons with small business experience
19 in an administrative or managerial capacity.
20 (b) The office shall develop and implement a
21 computerized master application procedure to expedite the
22 identification and processing of permits for business
23 undertakings, projects and activities.
24 (1) The application shall be made on a form
25 prescribed by the office, designed primarily for the
26 convenience of applicants confronting requirements of
27 multiple permits from one or more State agencies. The
28 office shall assist any person requesting assistance in
29 completing the application.
30 (2) Upon receipt of a completed master application,
31 the office shall notify each State agency having a
32 possible interest in the proposed business activity.
33 Each agency so notified shall respond within 15 days and
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1 advise the office whether one or more permits under its
2 jurisdiction may be required for the activity. The
3 response will also include the fees to be charged. The
4 requirements of this subdivision (b)(2) shall not apply
5 if the master application contained false, misleading or
6 deceptive information, or failed to include pertinent
7 information, the lack of which could reasonably lead a
8 State agency to misjudge the applicability of permits
9 under its jurisdiction, or if new permit requirements or
10 related standards subsequently became effective for which
11 a State agency had no discretion in establishing the
12 effective date. For purposes of this Act, "State agency"
13 means a department or agency of State government under
14 the jurisdiction and control of the Office of the
15 Governor.
16 (3) After the 15 day notice and response period,
17 the office shall promptly provide the applicant with the
18 necessary application forms and related information for
19 all permits specified by the interested State agencies.
20 Applications may be directly filed with the agencies or
21 with the office, together with the requisite fees. The
22 office may at the request of the applicant conduct a
23 pre-application conference with representatives of the
24 interested State agencies and agencies having
25 responsibilities for business promotion.
26 (c) Any applicant for permits required for a business
27 activity may confer with the office to obtain assistance in
28 the prompt and efficient processing and review of
29 applications. The office may designate an employee of the
30 office to act as a permit assistance manager to:
31 (1) facilitate contacts for the applicant with
32 responsible agencies;
33 (2) arrange conferences to clarify the requirements
34 of interested agencies;
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1 (3) consider with State agencies the feasibility of
2 consolidating hearings and data required of the
3 applicant;
4 (4) assist the applicant in resolution of
5 outstanding issues identified by State agencies; and
6 (5) coordinate federal, State and local regulatory
7 procedures and permit review actions to the extent
8 possible.
9 (d) The office shall publish a directory of State
10 business permits and State programs to assist small
11 businesses.
12 (e) The office shall designate "economically distressed
13 areas", being State enterprise zones that have been
14 designated enterprise zones under the Illinois Enterprise
15 Zone Act because of their high unemployment rate, high
16 poverty rate, or low income. The office shall provide on-site
17 permit assistance in those areas and may require any
18 interested State agency to designate an employee who shall
19 coordinate the handling of permits in that area. Interested
20 State agencies shall, to the maximum extent feasible,
21 establish procedures to expedite applications in economically
22 distressed areas. The office shall attempt to establish
23 agreements with the local governments having jurisdiction in
24 these areas, to allow the office to provide assistance to
25 applicants for permits required by these local governments.
26 (f) The office shall designate permit assistance
27 managers to assist in obtaining the prompt and efficient
28 processing and review of applications for permits required by
29 businesses performing infrastructure projects. Interested
30 State agencies shall, to the maximum extent feasible,
31 establish procedures to expedite applications for
32 infrastructure projects. Applications for permits for
33 infrastructure projects shall be approved or disapproved
34 within 45 days of submission, unless law or regulations
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1 specify a different period. If the interested agency is
2 unable to act within that period, the agency shall provide a
3 written notification to the office specifying reasons for its
4 inability to act and the date by which approval or
5 disapproval shall be determined. The office may require any
6 interested State agency to designate an employee who will
7 coordinate the handling of permits in that area.
8 (g) In addition to its responsibilities in connection
9 with permit assistance, the office shall provide general
10 regulatory information by directing businesses to appropriate
11 officers in State agencies to supply the information
12 requested.
13 (h) The office shall help businesses to locate and apply
14 to training programs available to train current employees in
15 particular skills, techniques or areas of knowledge relevant
16 to the employees' present or anticipated job duties. In
17 pursuit of this objective, the office shall provide
18 businesses with pertinent information about training programs
19 offered by State agencies, units of local government, public
20 universities and colleges, community colleges, and school
21 districts in Illinois.
22 (i) The office shall help businesses to locate and apply
23 to State programs offering to businesses grants, loans, loan
24 or bond guarantees, investment partnerships, technology or
25 productivity consultation, or other forms of business
26 assistance.
27 (j) To the extent authorized by federal law, the office
28 shall assist businesses in ascertaining and complying with
29 the requirements of the federal Americans with Disabilities
30 Act.
31 (k) The office shall provide confidential on-site
32 assistance in identifying problems and solutions in
33 compliance with requirements of the federal Occupational
34 Safety and Health Administration and other State and federal
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1 environmental regulations. The office shall work through and
2 contract with the Waste Management and Research Hazardous
3 Waste Research and Information Center to provide confidential
4 on-site consultation audits that (i) assist regulatory
5 compliance and (ii) identify pollution prevention
6 opportunities.
7 (l) The office shall provide information on existing
8 loan and business assistance programs provided by the State.
9 (m) Each State agency having jurisdiction to approve or
10 deny a permit shall have the continuing power heretofore or
11 hereafter vested in it to make such determinations. The
12 provisions of this Act shall not lessen or reduce such powers
13 and shall modify the procedures followed in carrying out such
14 powers only to the extent provided in this Act.
15 (n) (1) Each State agency shall fully cooperate with the
16 office in providing information, documentation, personnel or
17 facilities requested by the office.
18 (2) Each State agency having jurisdiction of any permit
19 to which the master application procedure is applicable shall
20 designate an employee to act as permit liaison office with
21 the office in carrying out the provisions of this Act.
22 (o) (1) The office has authority, but is not required,
23 to keep and analyze appropriate statistical data regarding
24 the number of permits issued by State agencies, the amount of
25 time necessary for the permits to be issued, the cost of
26 obtaining such permits, the types of projects for which
27 specific permits are issued, a geographic distribution of
28 permits, and other pertinent data the office deems
29 appropriate.
30 The office shall make such data and any analysis of the
31 data available to the public.
32 (2) The office has authority, but is not required, to
33 conduct or cause to be conducted a thorough review of any
34 agency's permit requirements and the need by the State to
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1 require such permits. The office shall draw on the review,
2 on its direct experience, and on its statistical analyses to
3 prepare recommendations regarding how to:
4 (i) eliminate unnecessary or antiquated permit
5 requirements;
6 (ii) consolidate duplicative or overlapping permit
7 requirements;
8 (iii) simplify overly complex or lengthy
9 application procedures;
10 (iv) expedite time-consuming agency review and
11 approval procedures; or
12 (v) otherwise improve the permitting processes in
13 the State.
14 The office shall submit copies of all recommendations
15 within 5 days of issuance to the affected agency, the
16 Governor, the General Assembly, and the Joint Committee on
17 Administrative Rules.
18 (p) The office has authority to review State forms on
19 its own initiative or upon the request of another State
20 agency to ascertain the burden, if any, of complying with
21 those forms. If the office determines that a form is unduly
22 burdensome to business, it may recommend to the agency
23 issuing the form either that the form be eliminated or that
24 specific changes be made in the form.
25 (q) Not later than March 1 of each year, beginning March
26 1, 1995, the office shall submit an annual report of its
27 activities during the preceding year to the Governor and
28 General Assembly. The report shall describe the activities
29 of the office during the preceding year and shall contain
30 statistical information on the permit assistance activities
31 of the office.
32 (Source: P.A. 88-404.)
33 Section 20. The Department of Natural Resources Act is
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1 amended by changing Sections 15-5 and 20-5 as follows:
2 (20 ILCS 801/15-5)
3 Sec. 15-5. Office of Scientific Research and Analysis.
4 The Department of Natural Resources shall have within it an
5 Office of Scientific Research and Analysis. The Office shall
6 contain within it a Natural History Survey division, a State
7 Water Survey division, a State Geological Survey division, a
8 Waste Management and Research Hazardous Waste Research and
9 Information Center division, and such other related research
10 functions and responsibilities as may be appropriate provided
11 by law. The Board of Natural Resources and Conservation is
12 retained as the governing board for the Scientific Surveys
13 and Waste Management and Research Hazardous Waste Research
14 and Information Center.
15 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
16 (20 ILCS 801/20-5)
17 Sec. 20-5. State Museum. The Department of Natural
18 Resources shall have within it a division consisting of the
19 Illinois State Museum, which shall be within the Office of
20 Scientific Research and Analysis. The Board of the Illinois
21 State Museum is retained as the governing board for the State
22 Museum.
23 (Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
24 Section 25. The Civil Administrative Code of Illinois is
25 amended by changing Section 63a and by adding Sections 63b1.2
26 and 63b2.9 as follows:
27 (20 ILCS 805/63a) (from Ch. 127, par. 63a)
28 Sec. 63a. The Department of Natural Resources has the
29 powers enumerated in Sections 63a1 through 63b2.9 63b2.8.
30 (Source: P.A. 88-657, eff. 1-1-95; 89-445, eff. 2-7-96.)
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1 (20 ILCS 805/63b1.2 new)
2 Sec. 63b1.2. Indirect cost reimbursements. Indirect
3 cost reimbursements applied for by the Department of Natural
4 Resources may be allocated as State matching funds. Any
5 indirect cost reimbursement applied for and received by the
6 Department shall be deposited to the same fund as the direct
7 cost and may be expended, subject to appropriation, for
8 support of programs administered by the Department of Natural
9 Resources.
10 (20 ILCS 805/63b2.9 new)
11 Sec. 63b2.9. Grants and contracts. To accept, receive,
12 expend, and administer, including by grant, agreement, or
13 contract, those funds that are made available to the
14 Department from the federal government and other public and
15 private sources in the exercise of its statutory powers and
16 duties.
17 The Department may make grants to other State agencies,
18 universities, not-for-profit organizations and local
19 governments, pursuant to an appropriation in the exercise of
20 its statutory powers and duties.
21 Section 30. The Energy Conservation and Coal Development
22 Act is amended by changing Section 16 as follows:
23 (20 ILCS 1105/16) (from Ch. 96 1/2, par. 7415)
24 Sec. 16. Battery Task Force.
25 (a) Within the Department is created a Battery Task
26 Force to be comprised of (i) the Director of the Department
27 who shall serve as chair of the Task Force; (ii) the Director
28 of the Environmental Protection Agency; (iii) the Director
29 of the Waste Management and Research Hazardous Waste Research
30 and Information Center; and (iv) 15 persons who shall be
31 appointed by the Director of the Department, including 2
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1 persons representing an environmental organization, 2 persons
2 representing the battery cell industry, 2 persons
3 representing the rechargeable powered tool/device industry, 3
4 representatives from local government with residential
5 recycling programs (including one from a municipality with
6 more than a million people), one person representing the
7 retail industry, one person representing a consumer group, 2
8 persons representing the waste management industry, one
9 person representing a recycling firm, and one person
10 representing a citizens' group active in local solid waste
11 issues.
12 (b) The Task Force shall prepare a report of its
13 findings and recommendations and shall present the report to
14 the Governor and the General Assembly on or before April 1,
15 1993. Among other things, the Task Force shall evaluate:
16 (1) collection, storage, and processing systems for
17 the recycling and proper management of common household
18 batteries and rechargeable battery products generated by
19 consumers, businesses, institutions, and governmental
20 units;
21 (2) public education programs that promote waste
22 reduction, reuse, and recycling strategies for household
23 batteries;
24 (3) disposal bans on specific household batteries
25 or rechargeable battery products;
26 (4) management options for rechargeable tools and
27 appliances;
28 (5) technical and financial assistance programs for
29 local governments;
30 (6) guidelines and regulations for the storage,
31 transportation, and disposal of household batteries;
32 (7) labeling requirements for household batteries
33 and battery packaging;
34 (8) metal content limits and sale restrictions for
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1 carbon-zinc, nickel-cadmium, and button batteries;
2 (9) market development options for materials
3 recovered from household batteries;
4 (10) industry waste reduction developments,
5 including substitution of longer-life, rechargeable and
6 recyclable batteries, substitution of alternative
7 products which do not require batteries, increased use of
8 power-source adapters, and use of replaceable batteries
9 in battery-powered appliances; and
10 (11) the feasibility of reverse distribution of
11 batteries.
12 The Task Force shall review, evaluate, and compare
13 existing battery management and collection systems and
14 studies including those used from other states, the European
15 Community, and other major industrial nations. The Task Force
16 shall consult with manufacturers and the public to determine
17 the most cost effective and efficient means for battery
18 management.
19 (Source: P.A. 87-1250; 88-45.)
20 Section 35. The Hazardous Waste Technology Exchange
21 Service Act is amended by changing Sections 3, 4, 5, and 6 as
22 follows:
23 (20 ILCS 1130/3) (from Ch. 111 1/2, par. 6803)
24 Sec. 3. For the purposes of this Act, unless the context
25 otherwise requires:
26 (a) "Board" means the Board of Natural Resources and
27 Conservation of the Department of Natural Resources.
28 (b) "Center" means the Waste Management and Research
29 Hazardous Waste Research and Information Center of the
30 Department of Natural Resources.
31 (c) "Department" means the Department of Natural
32 Resources.
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1 (Source: P.A. 89-445, eff. 2-7-96.)
2 (20 ILCS 1130/4) (from Ch. 111 1/2, par. 6804)
3 Sec. 4. Waste Management and Research Center. As soon as
4 may be practicable after the effective date of this Act, the
5 Department shall establish a Hazardous Waste Research and
6 Information Center. On and after the effective date of this
7 amendatory Act of 1997, that Center shall be known as the
8 Waste Management and Research Center.
9 (Source: P.A. 86-652.)
10 (20 ILCS 1130/5) (from Ch. 111 1/2, par. 6805)
11 Sec. 5. Duties of Center; Industrial Advisory Committee.
12 (a) The Waste Management and Research Hazardous Waste
13 Research and Information Center shall:
14 (1) Conduct educational programs to further the
15 exchange of information to reduce the generation of
16 hazardous wastes or to treat or dispose of such wastes so
17 as to make them nonhazardous.
18 (2) Provide a technical information service for
19 industries involved in the generation, treatment, or
20 disposal of hazardous wastes.
21 (3) Disseminate information regarding advances in
22 hazardous waste management technology which could both
23 protect the environment and further industrial
24 productivity.
25 (4) Provide research in areas related to reduction
26 of the generation of hazardous wastes; treatment,
27 recycling and reuse; and other issues which the Board may
28 suggest.
29 (5) Provide other services as deemed necessary or
30 desirable by the Board.
31 (6) Submit a biennial report to the General
32 Assembly on Center activities.
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1 (b) The Director of the Department shall be responsible
2 for the administration of the Center.
3 (c) The Department shall have the authority to accept,
4 receive and administer on behalf of the Center any grants,
5 gifts or other funds made available for purposes of this Act.
6 (d) The Board shall (1) provide policy guidelines and
7 goals for the Center; (2) approve the Center's budget; (3)
8 approve any reports; and (4) otherwise direct the Center in
9 accordance with its statutory powers and duties contained in
10 Section 6 of "An Act in relation to natural resources,
11 research, data collection and environmental studies",
12 approved July 14, 1978, as amended.
13 (e) The Director shall appoint an Industrial Advisory
14 Committee which shall be composed of representatives of
15 industries which are involved in the generation, treatment or
16 disposal of hazardous waste, or representatives of
17 organizations of such industries. To the extent possible,
18 the Director shall choose members representing large and
19 small industries from all geographical areas of the State.
20 Members of the Industrial Advisory Committee shall receive no
21 compensation but may be reimbursed for reasonable expenses
22 incurred in carrying out their duties.
23 The Industrial Advisory Committee shall advise the
24 Department on programs, services and activities necessary to
25 assist large and small businesses in economically reducing,
26 through source reduction, treatment and recycling, the amount
27 and toxicity of hazardous waste to be disposed of on or in
28 the land.
29 (Source: P.A. 86-652.)
30 (20 ILCS 1130/6) (from Ch. 111 1/2, par. 6806)
31 Sec. 6. Appropriations. For the purpose of maintaining
32 the Waste Management and Research Hazardous Waste Research
33 and Information Center, paying the expenses and providing the
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1 facilities and structures incident thereto, appropriations
2 shall be made to the Department, payable from the Hazardous
3 Waste Research Fund and other funds in the State Treasury.
4 (Source: P.A. 86-652.)
5 Section 40. The State Finance Act is amended by changing
6 Section 6z-32 as follows:
7 (30 ILCS 105/6z-32)
8 Sec. 6z-32. Conservation 2000.
9 (a) The Conservation 2000 Fund and the Conservation 2000
10 Projects Fund are created as special funds in the State
11 Treasury. These funds shall be used to establish a
12 comprehensive program to protect Illinois' natural resources
13 through cooperative partnerships between State government and
14 public and private landowners. Moneys in these Funds may be
15 used, subject to appropriation, by the Environmental
16 Protection Agency and the Departments of Agriculture,
17 Conservation, Energy and Natural Resources, and
18 Transportation for purposes relating to natural resource
19 protection, recreation, tourism, and compatible agricultural
20 and economic development activities. Without limiting these
21 general purposes, moneys in these Funds may be used, subject
22 to appropriation, for the following specific purposes:
23 (1) To foster sustainable agriculture practices and
24 control soil erosion and sedimentation, including grants
25 to Soil and Water Conservation Districts for conservation
26 practice cost-share grants and for personnel,
27 educational, and administrative expenses.
28 (2) To establish and protect a system of ecosystems
29 in public and private ownership through conservation
30 easements, incentives to public and private landowners,
31 including technical assistance and grants, and land
32 acquisition provided these mechanisms are all voluntary
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1 on the part of the landowner and do not involve the use
2 of eminent domain.
3 (3) To develop a systematic and long-term program
4 to effectively measure and monitor natural resources and
5 ecological conditions through investments in technology
6 and involvement of scientific experts.
7 (4) To initiate strategies to enhance, use, and
8 maintain Illinois' inland lakes through education,
9 technical assistance, research, and financial incentives.
10 (5) To conduct an extensive review of existing
11 Illinois water laws.
12 (b) The State Comptroller and State Treasurer shall
13 automatically transfer on the last day of each month,
14 beginning on September 30, 1995 and ending on June 30, 2001,
15 from the General Revenue Fund to the Conservation 2000 Fund,
16 an amount equal to 1/10 of the amount set forth below in
17 fiscal year 1996 and an amount equal to 1/12 of the amount
18 set forth below in each of the other specified fiscal years:
19 Fiscal Year Amount
20 1996 $ 3,500,000
21 1997 $ 9,000,000
22 1998 $10,000,000
23 1999 $11,000,000
24 2000 $12,500,000
25 2001 $14,000,000
26 (c) There shall be deposited into the Conservation 2000
27 Projects Fund such bond proceeds and other moneys as may,
28 from time to time, be provided by law.
29 (Source: P.A. 89-49, eff. 6-29-95; 89-626, 8-9-96; revised
30 12-10-96.)
31 Section 45. The Illinois Pension Code is amended by
32 changing Section 15-106 as follows:
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1 (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
2 Sec. 15-106. Employer. "Employer": The University of
3 Illinois, Southern Illinois University, Chicago State
4 University, Eastern Illinois University, Governors State
5 University, Illinois State University, Northeastern Illinois
6 University, Northern Illinois University, Western Illinois
7 University, the State Board of Higher Education, the Illinois
8 Mathematics and Science Academy, the State Geological Survey
9 Division of the Department of Natural Resources, the State
10 Natural History Survey Division of the Department of Natural
11 Resources, the State Water Survey Division of the Department
12 of Natural Resources, the Waste Management and Research
13 Hazardous Waste Research and Information Center of the
14 Department of Natural Resources, the University Civil Service
15 Merit Board, the Board of Trustees of the State Universities
16 Retirement System, the Illinois Community College Board,
17 State Community College of East St. Louis, community college
18 boards, any association of community college boards organized
19 under Section 3-55 of the Public Community College Act, and,
20 only during the period for which employer contributions
21 required under Section 15-155 are paid, the following
22 organizations: the alumni associations, the foundations and
23 the athletic associations which are affiliated with the
24 universities and colleges included in this Section as
25 employers. A department as defined in Section 14-103.04 is an
26 employer for any person appointed by the Governor under the
27 Civil Administrative Code of Illinois the State who is a
28 participating employee as defined in Section 15-109.
29 (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)
30 Section 50. The Civil Administrative Code of Illinois is
31 amended by changing Section 62 as follows:
32 (110 ILCS 355/62) (from Ch. 127, par. 62)
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1 Sec. 62. Retention of duties by University of Illinois.
2 Unless otherwise provided by law, the functions and duties
3 formerly exercised by the State entomologist, the State
4 laboratory of natural history, the State water survey and the
5 State geological survey and vested in the Illinois Department
6 of Natural Resources, and the functions and duties of the
7 Waste Management and Research Hazardous Waste Research and
8 Information Center and its Hazardous Materials Laboratory as
9 authorized by the Hazardous Waste Technology Exchange Service
10 Act, approved September 16, 1984, as now or hereafter
11 amended, shall continue to be exercised at the University of
12 Illinois in buildings and places provided by the trustees
13 thereof.
14 (Source: P.A. 89-445, eff. 2-7-96.)
15 Section 55. The Surface Coal Mining Land Conservation and
16 Reclamation Act is amended by changing Sections 1.03, 1.04,
17 1.05, 2.08, 6.07, 6.08, 7.03, 7.04, and 9.01 as follows:
18 (225 ILCS 720/1.03) (from Ch. 96 1/2, par. 7901.03)
19 Sec. 1.03. Definitions.
20 (a) Whenever used or referred to in this Act, unless a
21 different meaning clearly appears from the context;
22 (1) "Affected land" means:
23 (A) in the context of surface mining
24 operations, the areas described in Section
25 1.03(a)(24)(B), and
26 (B) in the context of underground mining
27 operations, surface areas on which such operations
28 occur or where such activities disturb the natural
29 land surface.
30 (2) "Approximate original contour" means that
31 surface configuration achieved by backfilling and grading
32 of the mined area so that the reclaimed area, including
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1 any terracing or access roads, closely resembles the
2 general surface configuration of the land prior to mining
3 and blends into and compliments the drainage pattern of
4 the surrounding terrain, with all highwalls and spoil
5 piles eliminated.
6 (3) "Article" means an article of this Act.
7 (4) "Department" means the Department of Natural
8 Resources, or such department, bureau, or commission as
9 may lawfully succeed to the powers and duties of such
10 Department.
11 (5) "Director" means the Director of the Department
12 or such officer, bureau or commission as may lawfully
13 succeed to the powers and duties of such Director.
14 (6) "Federal Act" means the Federal Surface Mining
15 Control and Reclamation Act of 1977 (Public Law 95-87).
16 (7) "Imminent danger to the health and safety of
17 the public" means the existence of any condition or
18 practice, or any violation of a permit or other
19 requirement of this Act in a mining and reclamation
20 operation, which condition, practice, or violation could
21 reasonably be expected to cause substantial physical harm
22 to persons outside the permit area before such condition,
23 practice, or violation can be abated. A reasonable
24 expectation of death or serious injury before abatement
25 exists if a rational person, subjected to the same
26 conditions or practices giving rise to the peril, would
27 not expose himself to the danger during the time
28 necessary for abatement.
29 (8) (Blank).
30 (9) "Interagency Committee" means the Interagency
31 Committee on Surface Mining Control and Reclamation
32 created by Section 1.05.
33 (9-a) "Lands eligible for remining" means those
34 lands that would otherwise be eligible for expenditures
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1 under the Abandoned Mined Lands and Water Reclamation
2 Act.
3 (10) "Mining and reclamation operations" means
4 mining operations and all activities necessary and
5 incident to the reclamation of such operations.
6 (11) "Mining operations" means both surface mining
7 operations and underground mining operations.
8 (12) "Operator" means any person engaged in coal
9 mining, and includes political subdivisions, units of
10 local government and instrumentalities of the State of
11 Illinois, and public utilities.
12 (13) "Permit" means a permit or a revised permit to
13 conduct mining operations and reclamation issued by the
14 Department under this Act.
15 (14) "Permit applicant" or "applicant" means a
16 person applying for a permit.
17 (15) "Permit application" or "application" means an
18 application for a permit under this Act.
19 (16) "Permit area" means the land described in the
20 permit.
21 (17) "Permittee" means a person holding a permit.
22 (18) "Permit term" means the period during which
23 the permittee may engage in mining operations under a
24 permit.
25 (19) "Person" means an individual, partnership,
26 copartnership, firm, joint venture, company, corporation,
27 association, joint stock company, trust, estate,
28 political subdivision, or any other public or private
29 legal entity, or their legal representative, agent or
30 assigns.
31 (20) "Reclamation" means conditioning areas
32 affected by mining operations to achieve the purposes of
33 this Act.
34 (21) "Reclamation plan" means a plan described in
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1 Section 2.03.
2 (22) "Regulations" means regulations promulgated
3 under the Federal Act.
4 (23) "Section" means a section of this Act.
5 (24) "Surface mining operations" means (A)
6 activities conducted on the surface of lands in
7 connection with a surface coal mine or surface
8 operations. Such activities include excavation for the
9 purpose of obtaining coal including such common methods
10 as contour, strip, auger, mountaintop removal, box cut,
11 open pit, and area mining, coal recovery from coal waste
12 disposal areas, the uses of explosives and blasting, and
13 in situ distillation or retorting, leaching or other
14 chemical or physical processing, and the cleaning,
15 concentrating, or other processing or preparation,
16 loading of coal at or near the mine site; and (B) the
17 areas on which such activities occur or where such
18 activities disturb the natural land surface. Such areas
19 include any adjacent land the use of which is incidental
20 to any such activities, all lands affected by the
21 construction of new roads or the improvement or use of
22 existing roads to gain access to the site of such
23 activities and for haulage, and excavations, workings,
24 impoundments, dams, refuse banks, dumps, stockpiles,
25 overburden piles, spoil banks, culm banks, tailings,
26 holes or depressions, repair areas, storage areas,
27 processing areas, shipping areas and other areas upon
28 which are sited structures, facilities, or other property
29 or materials on the surface, resulting from or incident
30 to such activities.
31 (25) "Toxic conditions" and "toxic materials" mean
32 any conditions and materials that will not support higher
33 forms of plant or animal life in any place in connection
34 with or as a result of the completion of mining
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1 operations.
2 (26) "Underground mining operations" means the
3 underground excavation of coal and (A) surface operations
4 incident to the underground extraction of coal, such as
5 construction, use, maintenance, and reclamation of roads,
6 above-ground repair areas, storage areas, processing
7 areas, shipping areas, areas on which are sited support
8 facilities including hoist and ventilation ducts, areas
9 used for the storage and disposal of waste, and areas on
10 which materials incident to underground mining operations
11 are placed, and (B) underground operations incident to
12 underground excavation of coal, such as underground
13 construction, operation, and reclamation of shafts,
14 adits, underground support facilities, in situ
15 processing, and underground mining, hauling, storage, or
16 blasting.
17 (27) "Unwarranted failure to comply" means the
18 failure of a permittee to prevent the occurrence of or to
19 abate any violation of his permit or any requirement of
20 this Act due to indifference, lack of diligence, or lack
21 of reasonable care.
22 The Department shall by rule define other terms used in
23 this Act if necessary or desirable to achieve the purposes of
24 this Act.
25 (Source: P.A. 89-445, eff. 2-7-96.)
26 (225 ILCS 720/1.04) (from Ch. 96 1/2, par. 7901.04)
27 Sec. 1.04. Advisory Council on Reclamation.
28 (a) There is created the Surface Mining Advisory Council
29 to consist of 9 members, plus the Director or his or her
30 designee. Members of the Advisory Council shall be appointed
31 by the Governor, with the advice and consent of the Senate.
32 The members appointed to the Council shall represent the
33 following interests: conservation, agriculture, surface coal
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1 mining industry, local government, environmental protection,
2 the colleges and universities, underground coal mining
3 industry, labor, and the general public. The members shall
4 be knowledgeable concerning the nature of problems of mining
5 operations and reclamation. The Council shall select from
6 its members a chairperson and such other officers as it deems
7 necessary. The term of membership on the Advisory Council
8 shall be 3 years, except that the Governor may make initial
9 appointments or fill vacancies for lesser terms so that at
10 least 3 memberships expire annually. Members may be
11 reappointed. Vacancies occurring on the Advisory Council
12 shall be filled, as nearly as possible, with a person
13 representing the interest of his or her predecessor on the
14 Advisory Council. Members of the Council shall be reimbursed
15 for ordinary and necessary expenses incurred in the
16 performance of the Council's duties. Members of the Council
17 shall, in addition, receive $100 a day for each day spent in
18 the performance of their duties as Advisory Council members.
19 (b) The Advisory Council shall meet at least 3 times in
20 each calendar year on a date specified at least one week in
21 advance of the meeting. A meeting may be called by the
22 Director or on the request of a majority of Advisory Council
23 members.
24 (c) The Council shall act solely as an advisory body to
25 the Director and to the Land Reclamation Division of the
26 Office of Mines and Minerals within the Department. The
27 recommendations of the Council shall have no binding effect
28 on the Director or on the Division of Land Reclamation. The
29 advice, findings and recommendations of the Advisory Council
30 shall be made public in a semi-annual report published by the
31 Department.
32 (d) The Department shall present proposed rules related
33 to this Act, and proposed changes in such rules, to the
34 Advisory Council for its comments before putting such rules
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1 or changes into effect, except for circumstances of emergency
2 or other circumstances enumerated in subsection 5(b), (d) and
3 (e) of The Illinois Administrative Procedure Act.
4 (e) The Council shall review the Federal Act and the
5 development and implementation of an approved permanent State
6 program thereunder. The Council shall make its review and
7 written recommendations to the Director. The Council may
8 seek comment from affected persons and the public prior to
9 making its recommendations.
10 (f) If as a result of any final action by the Congress
11 of the United States, any agency of the United States, or any
12 court, any provision of the Federal Act or the Regulations is
13 amended, modified, construed, or rendered inapplicable to
14 mining and reclamation operations in this State, the Director
15 shall forthwith call a meeting of the Council. The Council
16 shall review such final action and its effect in this State.
17 The Council shall recommend changes in this Act and the rules
18 adopted under this Act which would cause application of this
19 Act to reflect such final action. Pending formal amendment
20 of this Act for reason stated in this subsection, the
21 Director may administer this Act by emergency regulations in
22 accordance with the purposes of this Act and in a manner
23 consistent with any such final action of Congress, a federal
24 agency or a court.
25 (Source: P.A. 81-1015.)
26 (225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
27 Sec. 1.05. Interagency Committee. There is created the
28 Interagency Committee on Surface Mining Control and
29 Reclamation, which shall consist of the Director (or Division
30 Head) of each of the following State agencies: (a) the
31 Department of Agriculture, (b) the Environmental Protection
32 Agency, (c) the Department of Commerce and Community Affairs,
33 and (d) any other State Agency designated by the Director as
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1 having a programmatic role in the review or regulation of
2 mining operations and reclamation whose comments are expected
3 by the Director to be relevant and of material benefit to the
4 process of reviewing permit applications under this Act. The
5 Interagency Committee on Surface Mining Control and
6 Reclamation shall be abolished on June 30, 1997. Beginning
7 July 1, 1997, all programmatic functions formerly performed
8 by the Interagency Committee on Surface Mining Control and
9 Reclamation shall be performed by the Office of Mines and
10 Minerals within the Department of Natural Resources, except
11 as otherwise provided by Section 9.04 of this Act.
12 (Source: P.A. 89-445, eff. 2-7-96.)
13 (225 ILCS 720/2.08) (from Ch. 96 1/2, par. 7902.08)
14 Sec. 2.08. Standards for approval of permits and
15 revisions.
16 (a) On the basis of a complete application, or a
17 revision thereof, and after completion of the procedures
18 required by Section 2.04, the Department shall grant, require
19 modification of, or deny the application. The applicant
20 shall have the burden of establishing that its application
21 complies with all the requirements of this Act.
22 (b) No permit or revised permit shall be issued unless
23 the application affirmatively demonstrates, and the
24 Department finds that (1) the application is accurate and
25 complete and that all the requirements of this Act have been
26 complied with; (2) the applicant has demonstrated that
27 reclamation as required by this Act can be accomplished under
28 this reclamation plan and that completion of the reclamation
29 plan will in fact comply with every applicable performance
30 standard of this Act; (3) the assessment of the probable
31 cumulative impact of all anticipated mining in the area on
32 the hydrologic balance specified by the Department by rule
33 has been made by the Department and the proposed mining
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1 operation has been designed to prevent material damage to
2 hydrologic balance outside the permit area; and (4) the area
3 proposed to be mined is not included within an area
4 designated unsuitable for surface coal mining under Article
5 VII and is not within an area under study for such
6 designation in an administrative proceeding commenced under
7 Article VII. Except for operations subject to exemption by
8 Section 510(d)(2) of the Federal Act (PL95-87), a permit or
9 revised permit for mining operations on prime farmland may be
10 issued only if the Department also finds in writing that the
11 operator has the technological capability to restore such
12 mined area, within a reasonable time, to equivalent or higher
13 levels of yield as non-mined prime farmland in the
14 surrounding area under equivalent levels of management and
15 can meet the soil reconstruction standards in Section 3.07.
16 Such findings shall be made in accordance with standards and
17 procedures adopted by the Department by rule. The Department
18 shall make the findings required by this subsection in
19 writing on the basis of the information set forth in the
20 application, or from information otherwise available which is
21 described in the Department's findings and made available to
22 the applicant and the public.
23 (c) A permit or revised permit may be issued only after
24 the Department considers in writing any comments filed by
25 members of the Interagency Committee and County Boards. When
26 a complete application is received by the Department, a copy
27 of it shall be provided to each member of the Interagency
28 Committee. Members of the Interagency Committee shall review
29 and comment on protection of the hydrologic system, water
30 pollution control, the reclamation plan, soil handling
31 techniques, dams and impoundments and postmining land use.
32 Comments on the application shall be in writing and shall be
33 filed with the Department within 45 days. Each member's
34 comments shall be based on factual, legal and technical
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1 considerations with respect to which his agency has
2 authority, and which shall be set forth in writing. A
3 member who does not comment within 45 days shall be deemed to
4 have waived his right to comment under this subsection. The
5 Department shall file comments received from Interagency
6 Committee members at the same locations at which the permit
7 application is available for public inspection in accordance
8 with Section 2.04.
9 (d) If information available to the Department indicates
10 that any mining operation owned or controlled by the
11 applicant is currently in violation of this Act or other laws
12 pertaining to air or water environmental protection, the
13 permit shall not be issued until the applicant submits proof
14 that such violation has been corrected or is in the process
15 of being corrected to the satisfaction of the Department, or
16 of the department or agency which has jurisdiction over such
17 violation. No permit shall be issued to an applicant after a
18 finding by the Department, after opportunity for hearing,
19 that the applicant, or the operator specified in the
20 application, controls or has controlled mining operations
21 with a demonstrated pattern of wilful violations of the
22 Federal Act or this Act of such nature and duration and with
23 such resulting irreparable damage to the environment as to
24 indicate an intent not to comply with the provisions of the
25 Federal Act or this Act.
26 (e) After the effective date of this amendatory Act of
27 1997, the prohibition of subsection (d) shall not apply to a
28 permit application due to any violation resulting from an
29 unanticipated event or condition at a surface coal mining
30 operation on lands eligible for remining under a permit held
31 by the person making such application.
32 As used in this subsection:
33 (1) "unanticipated event or condition" means an
34 event or condition encountered in a remining operation
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1 that was not contemplated in the applicable surface coal
2 mining and reclamation permit; and
3 (2) "violation" has the same meaning as such term
4 has under subsection (d).
5 (Source: P.A. 81-1015.)
6 (225 ILCS 720/6.07) (from Ch. 96 1/2, par. 7906.07)
7 Sec. 6.07. Forfeiture.
8 (a) The Attorney General, on request of the Department,
9 shall institute proceedings to have the bond of the operator
10 forfeited for violation by the operator of any of the
11 provisions of this Act or for noncompliance with any lawful
12 rule or regulation promulgated by the Department thereunder.
13 Before making such request of the Attorney General, the
14 Department shall notify the operator in writing of the
15 alleged violation or non-compliance and shall afford the
16 operator the right to appear before the Department at a
17 hearing to be held not less than 30 days after the receipt of
18 such notice by the operator. At the hearing the operator may
19 present for the consideration of the Department statements,
20 documents and other information with respect to the alleged
21 violation. After the conclusion of the hearing, the
22 Department shall either withdraw the notice of violation or
23 shall request the Attorney General to institute proceedings
24 to have the bond of the operator forfeited as to the land
25 involved.
26 (b) The Department shall prescribe by rule the events
27 and conditions on the basis of which it may request the
28 Attorney General to institute bond forfeiture proceedings.
29 Such rules shall be no less stringent than the Regulations.
30 (c) In the event that the Department requests the
31 Attorney General to institute proceedings to have the bond
32 forfeited, the Department shall send written notification to
33 the permittee and, if applicable, the surety on the bond,
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1 stating the reasons for its decision and the amount to be
2 forfeited.
3 (d) The amount of forfeiture shall be based on the
4 actual cost of the necessary work by a third party to remedy
5 the violation, except that the amount shall not exceed the
6 amount of the bond or deposit for the area in which the
7 violation occurred.
8 (e) Any operator against whom forfeiture proceedings
9 have been required shall not be issued a permit for further
10 mining in Illinois unless he provides additional assurances
11 satisfactory to the Department that such proceedings will not
12 again become necessary.
13 (f) In the event the bond or deposit for a surface coal
14 mining operation on lands eligible for remining is forfeited,
15 funds appropriated for expenditure under the Abandoned Mined
16 Lands and Water Reclamation Act may be used if the amount of
17 the bond or deposit is not sufficient to provide for adequate
18 reclamation or abatement.
19 (Source: P.A. 81-1015.)
20 (225 ILCS 720/6.08) (from Ch. 96 1/2, par. 7906.08)
21 Sec. 6.08. Release of bonds.
22 (a) A permittee may file a request with the Department
23 for the release of all or part of a performance bond or
24 deposit.
25 Within 30 days after an application for such release has been
26 filed with the Department, the operator shall submit a copy
27 of a public notice placed at least once a week for 4
28 successive weeks in a newspaper of general circulation in the
29 locality of the mining operation. Such public notice shall
30 be considered part of the bond release application and shall
31 contain a notification of the precise location of the land
32 affected, the number of acres, the permit and the date it was
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1 approved, the amount of the bond filed and the portion sought
2 to be released, the type and approximate dates of reclamation
3 work performed, and a description of the results achieved as
4 they relate to the operator's approved reclamation. In
5 addition, as part of any bond release application, the
6 applicant shall submit copies of letters which he has sent to
7 adjoining property owners, local governmental bodies, county
8 boards, planning agencies, and sewage and water treatment
9 authorities, or water companies in the locality in which the
10 mining and reclamation operations took place, notifying them
11 of his intention to seek release from the bond.
12 (b) Within 30 days after receipt of the notification and
13 request, the Department shall conduct an inspection and
14 evaluation of the reclamation work involved. Such evaluation
15 shall consider, among other things, the degree of difficulty
16 to complete any remaining reclamation, whether pollution of
17 surface and subsurface water is occurring, the probability of
18 continuance or future occurrence of such pollution, and the
19 estimated cost of abating such pollution.
20 (c) Any person with a valid legal interest which might
21 be adversely affected by release of the bond or deposit, or
22 the responsible officer or head of any Federal, State, or
23 local governmental agency which has jurisdiction by law or
24 special expertise with respect to any environmental, social,
25 or economic impact involved in the operation, or is
26 authorized to develop and enforce environmental standards
27 with respect to such operations, may file written objections
28 to the proposed release with the Department within 30 days
29 after the last publication of the notice provided in
30 subsection (a) of this Section. If written objections are
31 filed, and a hearing is requested, the Department shall
32 inform all interested parties of the time and place of the
33 hearing, and shall hold a public hearing in the locality of
34 the mining operation proposed for bond or deposit release
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1 within 30 days after the request for such hearing. At the
2 option of an objector, hearings shall be held at the State
3 capital. The Department shall advertise the date, time and
4 location of such public hearings in a newspaper of general
5 circulation in the locality for 2 consecutive weeks.
6 (d) The Department may release in whole or in part said
7 bond or deposit if the Department is satisfied the
8 reclamation covered by the bond or deposit or portion thereof
9 has been accomplished as required by this Act according to
10 the following schedule:
11 (1) When the operator completes the backfilling,
12 regrading, and drainage control of a bonded area in
13 accordance with an approved reclamation plan, a maximum of 60
14 per cent of the bond or collateral for the applicable permit
15 area may be released.
16 (2) After revegetation has been established on the
17 regraded mined lands in accordance with the approved
18 reclamation plan, an additional amount of the bond or deposit
19 may be released. When determining the amount of bond or
20 deposit to be released after successful revegetation has been
21 established, the Department shall retain that amount of bond
22 or deposit for the revegetated area which would be sufficient
23 for a third party to pay the cost of reestablishing
24 revegetation and for the period specified for operator
25 responsibility. No part of the bond or deposit shall be
26 released under this paragraph so long as the lands to which
27 the release would be applicable are contributing suspended
28 solids to streamflow or runoff outside the permit area in
29 excess of the requirements set by this Act or until soil
30 productivity for prime farmlands has returned to equivalent
31 levels of yield as nonmined land of the same soil type in the
32 surrounding area under equivalent management practices.
33 (3) When the operator has successfully completed all
34 mining and reclamation activities, the remaining portion of
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1 the bond may be released, but not before the expiration of
2 the period specified for operator responsibility.
3 (4) No bond shall be fully released until all
4 reclamation requirements of the permit and this Act are fully
5 met.
6 (e) The Department shall notify the permittee in writing
7 of its decision to release or not to release all or part of
8 the performance bond or deposit (1) within 60 days after the
9 filing of the request, if no public hearing is held under
10 subsection (c) of this Section, or (2) if a public hearing
11 has been held under subsection (c) of this Section, within 30
12 days thereafter.
13 (f) If the Department disapproves the application for
14 release of the bond or deposit or portion thereof, the
15 Department shall state in writing the reasons for disapproval
16 and shall recommend corrective actions necessary to secure
17 said release. An opportunity for a public hearing shall be
18 provided.
19 (g) If the Department approves the application, it shall
20 notify the municipality and county in which the mining
21 operation is located by certified mail at least 30 days prior
22 to the release of all or a portion of the bond or deposit.
23 (h) The Department may by rule provide procedures for
24 the administration of this Section, including procedures for
25 hearings and informal conferences.
26 (i) Surface coal mining operations on lands eligible for
27 remining shall not affect the eligibility of those lands for
28 reclamation and restoration under the Abandoned Mined Lands
29 and Water Reclamation Act after the release of the bond or
30 deposit for any such operation under this Section.
31 (Source: P.A. 81-1509.)
32 (225 ILCS 720/7.03) (from Ch. 96 1/2, par. 7907.03)
33 Sec. 7.03. Procedure for designation.
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1 (a) Any person having an interest which is or may be
2 adversely affected shall have the right to petition the
3 Department to have an area designated as unsuitable for all
4 or certain types of mining operations, or to have such a
5 designation terminated. Such a petition shall contain
6 allegations of facts with supporting evidence which would
7 tend to establish the allegations.
8 (b) Immediately after a petition under this Section is
9 received, the Department shall prepare a land report in
10 accordance with Section 7.04, unless the petition is rejected
11 by the Department as incomplete, frivolous, or submitted by a
12 person lacking an interest which is or may be adversely
13 affected by surface coal mining operations.
14 (c) Within 10 months after receipt of the petition, the
15 Department shall hold a public hearing in the locality of the
16 affected area, after appropriate notice and publication of
17 the date, time, and location of such hearing. Such notice
18 and publication shall state that a Land Report is available
19 for public inspection and the locations at which it may be
20 inspected. Such a hearing shall be held not less than 30
21 days after the Land Report has been prepared by the
22 Department in accordance with Section 7.04. After petition
23 is filed under this Section and before the hearing, any
24 person may intervene by filing allegations of facts with
25 supporting evidence which would tend to establish the
26 allegations.
27 (d) Within 60 days after such hearing, the Department
28 shall issue and furnish to the petitioner and all other
29 parties to the hearing, a written decision regarding the
30 petition, and the reasons therefor.
31 (e) In the event that all the petitioners stipulate
32 agreement prior to the requested hearing, and withdraw their
33 request, such hearing need not be held.
34 (f) The Department may by rule adopt additional
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1 procedures for designation of lands under this Article. The
2 Department shall adopt rules to prevent the filing of
3 repetitive or frivolous petitions with respect to particular
4 lands, and prescribing procedures for expediting decisions on
5 repetitive or frivolous petitions.
6 (Source: P.A. 89-445, eff. 2-7-96.)
7 (225 ILCS 720/7.04) (from Ch. 96 1/2, par. 7907.04)
8 Sec. 7.04. Land Report.
9 (a) The Department shall prepare a Land Report with
10 respect to each petition filed with the Department under
11 Section 7.03. Each Land Report shall evaluate whether mining
12 operations on the land which is the subject of the petition
13 would have any or all of the effects described in subsection
14 (b) of Section 7.02. Each Land Report shall also contain a
15 detailed statement on (1) the potential coal resources of the
16 area, (2) the demand for coal resources, and (3) the impact
17 of a designation of such lands as unsuitable for mining on
18 the environment, the economy, and the supply of coal. The
19 Land Report shall state objectively the information which the
20 Department has, but shall not contain a recommendation with
21 respect to whether the petition should be granted or denied.
22 Each Land Report shall be completed not later than eight
23 months after receipt of the petition filed under Section
24 7.03.
25 (b) Each Land Report shall be made available to the
26 public by the Department at least 30 days before the
27 Department holds a public hearing under Section 7.03.
28 (Source: P.A. 89-445, eff. 2-7-96.)
29 (225 ILCS 720/9.01) (from Ch. 96 1/2, par. 7909.01)
30 Sec. 9.01. Rules.
31 (a) The Department may propose, adopt and promulgate
32 reasonable rules in conformity with this Act. When it
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1 proposes or adopts rules the Department shall consider the
2 terrain, the climate and other conditions of this State.
3 Rules shall reflect the distinct differences between surface
4 mining operations and underground mining operations.
5 (b) Any person may file a written petition with the
6 Department proposing the adoption, amendment or repeal of any
7 rule under this Act. Within 90 days after a receipt of a
8 petition, the Department shall initiate a rule-making
9 proceeding under this Section with respect to such proposal,
10 or deny such petition, setting forth in writing the reasons
11 for such denial.
12 (c) Prior to the adoption, amendment, or repeal of any
13 rule, the Department shall give at least 45 days notice of
14 its intended action. This notice period shall commence on the
15 first day the notice appears in the Illinois Register. The
16 notice shall include (1) a text of the proposed rule, or the
17 old and new materials of a proposed amendment, or the text of
18 the provision to be repealed; (2) the specific statutory
19 citation on which the proposed rule, the proposed amendment
20 to a rule or the proposed repeal of a rule is based and is
21 authorized; (3) a description of the subjects and issues
22 involved; and (4) the time, place and manner in which
23 interested persons may present their views and comments on
24 the intended action. The notice shall be mailed to all
25 persons who have filed a request with the Department for
26 advance notice of rule-making proceedings.
27 (d) All interested persons who submit a request within
28 30 days after notice of the proposed change is published in
29 the Illinois Register shall be afforded a reasonable
30 opportunity to submit data, views, arguments or comments,
31 either orally or in writing or both. The right to
32 cross-examine any witnesses shall be given to any interested
33 parties, if such right is requested. The Department shall
34 consider fully all written and oral submissions respecting
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1 the proposed rule.
2 (e) No rule may be adopted unless substantial evidence
3 in support of such rule is submitted. When a rule is adopted,
4 the Department shall issue a concise statement of the
5 principal reasons for or against its adoption, and its
6 reasons for overruling the considerations urged against its
7 adoption.
8 (f) No rule is valid unless adopted in compliance with
9 this Section.
10 (g) The Department shall file in the office of the
11 Secretary of State and in the Department's principal office a
12 certified copy of each rule and modification or repeal of any
13 rule adopted by it.
14 (c) (h) Each adopted rule is effective 30 days after
15 filing, unless a later date is specified in the rule. No rule
16 adopted shall be retroactive. Any operator shall have the
17 right to proceed with operations under this Act until such
18 rules are adopted and no such rules shall be made applicable
19 to any operations prior to the effective date thereof.
20 (d) (i) In addition to the provisions of this Section,
21 and to the extent consistent with this Section, the
22 provisions of the Illinois Administrative Procedure Act apply
23 to the adoption of rules under this Act.
24 (Source: P.A. 81-1015.)
25 Section 60. The Toxic Pollution Prevention Act is amended
26 by changing Sections 3 and 5 as follows:
27 (415 ILCS 85/3) (from Ch. 111 1/2, par. 7953)
28 Sec. 3. Definitions. As used in this Act:
29 "Agency" means the Illinois Environmental Protection
30 Agency.
31 "Center" means the Waste Management and Research
32 Hazardous Waste Research and Information Center.
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1 "Person" means any individual, partnership,
2 co-partnership, firm, company, corporation, association,
3 joint stock company, trust, political subdivision, State
4 agency, or any other legal entity, or its legal
5 representative, agent or assigns.
6 "Release" means emission to the air, discharge to surface
7 waters or off-site wastewater treatment facilities, or
8 on-site release to the land, including but not limited to
9 landfills, surface impoundments and injection wells.
10 "Toxic substance" means any substance listed by the
11 Agency pursuant to Section 4 of this Act.
12 "Toxic pollution prevention" means in-plant practices
13 that reduce, avoid or eliminate: (i) the use of toxic
14 substances, (ii) the generation of toxic constituents in
15 wastes, (iii) the disposal or release of toxic substances
16 into the environment, or (iv) the development or manufacture
17 of products with toxic constituents, through the application
18 of any of the following techniques:
19 (1) input substitution, which refers to replacing a
20 toxic substance or raw material used in a production
21 process with a nontoxic or less toxic substance;
22 (2) product reformulation, which refers to
23 substituting for an existing end product an end product
24 which is nontoxic or less toxic upon use, release or
25 disposal;
26 (3) production process redesign or modification,
27 which refers to developing and using production processes
28 of a different design than those currently used;
29 (4) production process modernization, which refers
30 to upgrading or replacing existing production process
31 equipment or methods with other equipment or methods
32 based on the same production process;
33 (5) improved operation and maintenance of existing
34 production process equipment and methods, which refers to
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1 modifying or adding to existing equipment or methods,
2 including but not limited to such techniques as improved
3 housekeeping practices, system adjustments, product and
4 process inspections, and production process control
5 equipment or methods;
6 (6) recycling, reuse or extended use of toxic
7 substances by using equipment or methods which become an
8 integral part of the production process, including but
9 not limited to filtration and other closed loop methods.
10 However, "toxic pollution prevention" shall not include
11 or in any way be inferred to promote or require incineration,
12 transfer from one medium of release to another, off-site or
13 out of process waste recycling, or end of pipe treatment of
14 toxic substances.
15 "Trade secret" means any information concerning
16 production processes employed or substances manufactured,
17 processed or otherwise used within a facility which the
18 Agency determines to satisfy the criteria established under
19 Section 3.48 of the Environmental Protection Act, and to
20 which specific trade secret status has been granted by the
21 Agency.
22 (Source: P.A. 86-914.)
23 (415 ILCS 85/5) (from Ch. 111 1/2, par. 7955)
24 Sec. 5. Toxic Pollution Prevention Assistance Program.
25 There is hereby established a Toxic Pollution Prevention
26 Assistance Program at the Waste Management and Research
27 Hazardous Waste Research and Information Center. The Center
28 may establish cooperative programs with public and private
29 colleges and universities designed to augment the
30 implementation of this Section. The Center may establish
31 fees, tuition, or other financial charges for participation
32 in the Assistance Program. These monies shall be deposited in
33 the Toxic Pollution Prevention Fund established in Section 7
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1 of this Act. Through the Assistance Program, the Center:
2 (1) Shall provide general information about and
3 actively publicize the advantages of and developments in
4 toxic pollution prevention.
5 (2) May establish courses, seminars, conferences
6 and other events, and reports, updates, guides and other
7 publications and other means of providing technical
8 information for industries, local governments and
9 citizens concerning toxic pollution prevention
10 strategies, and may, as appropriate, work in cooperation
11 with the Agency.
12 (3) Shall engage in research on toxic pollution
13 prevention methods. Such research shall include
14 assessments of the impact of adopting toxic pollution
15 prevention methods on the environment, the public health,
16 and worker exposure, and assessments of the impact on
17 profitability and employment within affected industries.
18 (4) Shall provide on-site technical consulting, to
19 the extent practicable, to help facilities to identify
20 opportunities for toxic pollution prevention, and to
21 develop toxic pollution prevention plans. To be eligible
22 for such consulting, the owner or operator of a facility
23 must agree to allow information regarding the results of
24 such consulting to be shared with the public, provided
25 that the identity of the facility shall be made available
26 only with its consent, and trade secret information shall
27 remain protected.
28 (5) May sponsor pilot projects in cooperation with
29 the Agency, or an institute of higher education to
30 develop and demonstrate innovative technologies and
31 methods for toxic pollution prevention. The results of
32 all such projects shall be available for use by the
33 public, but trade secret information shall remain
34 protected.
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1 (6) May award grants for activities that further
2 the purposes of this Act, including but not limited to
3 the following:
4 (A) grants to not-for-profit organizations to
5 establish free or low-cost technical assistance or
6 educational programs to supplement the toxic
7 pollution prevention activities of the Center;
8 (B) grants to assist trade associations,
9 business organizations, labor organizations and
10 educational institutions in developing training
11 materials to foster toxic pollution prevention; and
12 (C) grants to assist industry, business
13 organizations, labor organizations, education
14 institutions and industrial hygienists to identify,
15 evaluate and implement toxic pollution prevention
16 measures and alternatives through audits, plans and
17 programs.
18 The Center may establish criteria and terms for such
19 grants, including a requirement that a grantee provide
20 matching funds. Grant money awarded under this Section
21 may not be spent for capital improvements or equipment.
22 In determining whether to award a grant, the
23 Director shall consider at least the following:
24 (i) the potential of the project to prevent
25 pollution;
26 (ii) the likelihood that the project will
27 develop techniques or processes that will minimize
28 the transfer of pollution from one environmental
29 medium to another;
30 (iii) the extent to which information to be
31 developed through the project will be applicable to
32 other persons in the State; and
33 (iv) the willingness of the grant applicant to
34 assist the Center in disseminating information about
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1 the pollution prevention methods to be developed
2 through the project.
3 (7) Shall establish and operate a State information
4 clearinghouse that assembles, catalogues and disseminates
5 information about toxic pollution prevention and
6 available consultant services. Such clearinghouse shall
7 include a computer database containing information on
8 managerial, technical and operational approaches to
9 achieving toxic pollution prevention. The computer
10 database must be maintained on a system designed to
11 enable businesses, governmental agencies and the general
12 public readily to obtain information specific to
13 production technologies, materials, operations and
14 products. A business shall not be required to submit to
15 the clearinghouse any information that is a trade secret.
16 (8) May contract with an established institution of
17 higher education to assist the Center in carrying out the
18 provisions of this Section. The assistance provided by
19 such an institution may include, but need not be limited
20 to:
21 (A) engineering field internships to assist
22 industries in identifying toxic pollution prevention
23 opportunities;
24 (B) development of a toxic pollution
25 prevention curriculum for students and faculty; and
26 (C) applied toxic pollution prevention and
27 recycling research.
28 (9) Shall emphasize assistance to businesses that
29 have inadequate technical and financial resources to
30 obtain information and to assess and implement toxic
31 pollution prevention methods.
32 (10) Shall publish a biannual report on its toxic
33 pollution prevention activities, achievements, identified
34 problems and future goals.
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1 (Source: P.A. 86-914; 86-1363.)
2 Section 65. The Illinois Pollution Prevention Act is
3 amended by changing Section 10 as follows:
4 (415 ILCS 115/10)
5 Sec. 10. Definitions. As used in this Act:
6 "Agency" means the Illinois Environmental Protection
7 Agency.
8 "Center" means the Waste Management and Research
9 Hazardous Waste Research and Information Center.
10 "Person" means any individual, partnership,
11 co-partnership, firm, company, corporation, association,
12 joint stock company, trust, political subdivision, State
13 agency, or any other legal entity, or its legal
14 representative, agent or assigns.
15 "Release" means emission to the air, discharge to surface
16 waters or off-site wastewater treatment facilities, or
17 on-site release to the land, including but not limited to
18 landfills, surface impoundments and injection wells.
19 "Toxic or hazardous materials" means (i) any materials
20 that are reported to the Agency as released in Illinois under
21 Section 313 of the federal Emergency Planning and Community
22 Right to Know Act of 1986; and (ii) those wastes that are
23 reported as hazardous wastes by hazardous waste generators in
24 Illinois.
25 (Source: P.A. 87-1213.)
26 Section 70. The Fish and Aquatic Life Code is amended by
27 changing Section 15-35 as follows:
28 (515 ILCS 5/15-35) (from Ch. 56, par. 15-35)
29 Sec. 15-35. Mussels; open season. Mussels may be taken
30 only during the period of April 1 15 to September 30, both
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1 inclusive, and then only from sunrise to sunset and only by
2 means of crowfoot bars or hand picking, with or without the
3 aid of air breathing apparatus; except that in the Illinois
4 River and Mississippi River, including adjoining back water
5 lakes, mussels may be taken during the season by the
6 additional means of hand rakes, hand forks, or hand dredges.
7 Mussels may be taken from the Mississippi, Ohio, Wabash, and
8 Illinois rivers. Mussel fishing is permitted in other waters
9 only upon written authorization from the Department.
10 (Source: P.A. 87-833.)
11 Section 75. The Wildlife Code is amended by changing
12 Section 2.26 as follows:
13 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
14 Sec. 2.26. Any person attempting to take deer shall
15 first obtain a "Deer Hunting Permit" in accordance with
16 prescribed regulations set forth in an Administrative Rule.
17 Deer Hunting Permits shall be issued by the Department. The
18 fee for a Deer Hunting Permit to take deer with either bow
19 and arrow or gun shall not exceed $15.00 for residents of the
20 State. The Department may by administrative rule provide for
21 non-resident deer hunting permits for which the fee will not
22 exceed $100 except as provided below for non-resident
23 landowners. Permits shall be issued without charge to:
24 (a) Illinois landowners residing in Illinois who
25 own at least 40 acres of Illinois land and wish to hunt
26 their land only,
27 (b) resident tenants of at least 40 acres of
28 commercial agricultural land where they will hunt, and
29 (c) shareholders of a corporation which owns at
30 least 40 acres of land in a county in Illinois who wish
31 to hunt on the corporation's land only. One permit shall
32 be issued without charge to one shareholder for each 40
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1 acres of land owned by the corporation in a county;
2 however, the number of permits issued without charge to
3 shareholders of any corporation in any county shall not
4 exceed 15.
5 Bona fide landowners or tenants who do not wish to hunt
6 only on the land they own, rent or lease or shareholders who
7 do not wish to hunt only on the land owned by the corporation
8 shall be charged the same fee as the applicant who is not a
9 landowner, tenant or shareholder. Nonresidents of Illinois
10 who own at least 40 acres of land and wish to hunt on their
11 land only shall be charged a fee set by administrative rule.
12 The method for obtaining these permits shall be prescribed by
13 administrative rule.
14 The deer hunting permit issued without fee shall be valid
15 on all farm lands which the person to whom it is issued owns,
16 leases or rents, except that in the case of a permit issued
17 to a shareholder, the permit shall be valid on all lands
18 owned by the corporation in the county.
19 The Department may set aside, in accordance with the
20 prescribed regulations set forth in an administrative rule of
21 the Department, a limited number of Deer Hunting Permits to
22 be available to persons providing evidence of a contractual
23 arrangement to hunt on properties controlled by a bona fide
24 Illinois outfitter. The number of available permits shall be
25 based on a percentage of unfilled permits remaining after the
26 previous year's lottery. Eligible outfitters shall be those
27 having membership in, and accreditation conferred by, a
28 professional association of outfitters approved by the
29 Department. The association shall be responsible for setting
30 professional standards and codes of conduct for its
31 membership, subject to Departmental approval. In addition to
32 the fee normally charged for resident and nonresident
33 permits, a reservation fee not to exceed $200 shall be
34 charged to the outfitter for each permit set aside in
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1 accordance with this Act. The reservation fee shall be
2 deposited into the Wildlife and Fish Fund.
3 The standards and specifications for use of guns and bow
4 and arrow for deer hunting shall be established by
5 administrative rule.
6 No person may have in his possession any other firearm or
7 sidearm when taking deer by the use of either a shotgun, bow
8 and arrow or muzzle loading rifle.
9 Persons having a firearm deer hunting permit shall be
10 permitted to take deer only during the period from 1/2 hour
11 before sunrise to sunset, and only during those days for
12 which an open season is established for the taking of deer by
13 use of shotgun or muzzle loading rifle.
14 Persons having an archery deer hunting permit shall be
15 permitted to take deer only during the period from 1/2 hour
16 before sunrise to 1/2 hour after sunset, and only during
17 those days for which an open season is established for the
18 taking of deer by use of bow and arrow.
19 It shall be unlawful for any person to take deer by use
20 of dogs, horses, automobiles, aircraft or other vehicles, or
21 by the use of salt or bait of any kind. An area is
22 considered as baited during the presence of and for 10
23 consecutive days following the removal of bait.
24 It shall be unlawful to possess or transport any wild
25 deer which has been injured or killed in any manner upon a
26 public highway or public right-of-way of this State unless
27 exempted by administrative rule.
28 Persons hunting deer must have gun unloaded and no or bow
29 and arrow cased, unstrung or otherwise made inoperable by a
30 locking device shall be carried with the arrow in the nocked
31 position during hours when deer hunting is unlawful.
32 It shall be unlawful for any person, having taken the
33 legal limit of deer by gun, to further participate with gun
34 in any deer hunting party.
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1 It shall be unlawful for any person, having taken the
2 legal limit of deer by bow and arrow, to further participate
3 with bow and arrow in any deer hunting party.
4 The Department may prohibit upland game hunting during
5 the gun deer season by administrative rule.
6 It shall be legal for handicapped persons, as defined in
7 Section 2.33, to utilize a crossbow device, as defined in
8 Department rules, to take deer.
9 Any person who violates any of the provisions of this
10 Section, including administrative rules, shall be guilty of a
11 Class B misdemeanor.
12 (Source: P.A. 88-45; 88-416; 88-670, eff. 12-2-94; 89-715,
13 eff. 2-21-97.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.".