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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
|[ Senate Amendment 001 ]|
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 SB304 Enrolled -2- LRB9002358NTsb 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
fromother inducements and considerations for the execution 11 and operation of the oil and gas leases provided for in this 12 Act providedshall 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 SB304 Enrolled -3- LRB9002358NTsb 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, SB304 Enrolled -4- LRB9002358NTsb 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. SB304 Enrolled -5- LRB9002358NTsb 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 SB304 Enrolled -6- LRB9002358NTsb 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 SB304 Enrolled -7- LRB9002358NTsb 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 SB304 Enrolled -8- LRB9002358NTsb 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 SB304 Enrolled -9- LRB9002358NTsb 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 Hazardous4 Waste Research and InformationCenter. 5 (12) The technical and engineering staffs of the 6 Department of Transportation, the Department of Nuclear 7 Safety ,and ofthe 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 SB304 Enrolled -10- LRB9002358NTsb 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 SB304 Enrolled -11- LRB9002358NTsb 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, SB304 Enrolled -12- LRB9002358NTsb 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 Research9 and InformationCenter, 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. SB304 Enrolled -13- LRB9002358NTsb 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 SB304 Enrolled -14- LRB9002358NTsb 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 SB304 Enrolled -15- LRB9002358NTsb 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 SB304 Enrolled -16- LRB9002358NTsb 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 Hazardous31 Waste Research and InformationCenter to provide confidential 32 on-site consultation audits that (i) assist regulatory 33 compliance and (ii) identify pollution prevention 34 opportunities. SB304 Enrolled -17- LRB9002358NTsb 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 SB304 Enrolled -18- LRB9002358NTsb 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 SB304 Enrolled -19- LRB9002358NTsb 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 and4 InformationCenter division, and such other related research 5 functions and responsibilities as may be appropriate provided6 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 Research9 and InformationCenter. 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 SB304 Enrolled -20- LRB9002358NTsb 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 Research25 and InformationCenter; 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 SB304 Enrolled -21- LRB9002358NTsb 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 SB304 Enrolled -22- LRB9002358NTsb 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 InformationCenter 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 SB304 Enrolled -23- LRB9002358NTsb 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 Waste9 Research and InformationCenter 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. SB304 Enrolled -24- LRB9002358NTsb 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 Research28 and InformationCenter, 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.) SB304 Enrolled -25- LRB9002358NTsb 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 andNatural 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 SB304 Enrolled -26- LRB9002358NTsb 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 SB304 Enrolled -27- LRB9002358NTsb 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 InformationCenter 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 Statewho 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 SB304 Enrolled -28- LRB9002358NTsb 1 of Natural Resources, and the functions and duties of the 2 Waste Management and Research Hazardous Waste Research and3 InformationCenter 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. SB304 Enrolled -29- LRB9002358NTsb 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. SB304 Enrolled -30- LRB9002358NTsb 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) SB304 Enrolled -31- LRB9002358NTsb 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, SB304 Enrolled -32- LRB9002358NTsb 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 SB304 Enrolled -33- LRB9002358NTsb 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 SB304 Enrolled -34- LRB9002358NTsb 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 SB304 Enrolled -35- LRB9002358NTsb 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 SB304 Enrolled -36- LRB9002358NTsb 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 SB304 Enrolled -37- LRB9002358NTsb 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.) SB304 Enrolled -38- LRB9002358NTsb 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 SB304 Enrolled -39- LRB9002358NTsb 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 SB304 Enrolled -40- LRB9002358NTsb 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 SB304 Enrolled -41- LRB9002358NTsb 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 SB304 Enrolled -42- LRB9002358NTsb 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 SB304 Enrolled -43- LRB9002358NTsb 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) SB304 Enrolled -44- LRB9002358NTsb 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 SB304 Enrolled -45- LRB9002358NTsb 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 any5 rule, the Department shall give at least 45 days notice of6 its intended action. This notice period shall commence on the7 first day the notice appears in the Illinois Register. The8 notice shall include (1) a text of the proposed rule, or the9 old and new materials of a proposed amendment, or the text of10 the provision to be repealed; (2) the specific statutory11 citation on which the proposed rule, the proposed amendment12 to a rule or the proposed repeal of a rule is based and is13 authorized; (3) a description of the subjects and issues14 involved; and (4) the time, place and manner in which15 interested persons may present their views and comments on16 the intended action. The notice shall be mailed to all17 persons who have filed a request with the Department for18 advance notice of rule-making proceedings.19 (d) All interested persons who submit a request within20 30 days after notice of the proposed change is published in21 the Illinois Register shall be afforded a reasonable22 opportunity to submit data, views, arguments or comments,23 either orally or in writing or both. The right to24 cross-examine any witnesses shall be given to any interested25 parties, if such right is requested. The Department shall26 consider fully all written and oral submissions respecting27 the proposed rule.28 (e) No rule may be adopted unless substantial evidence29 in support of such rule is submitted. When a rule is adopted,30 the Department shall issue a concise statement of the31 principal reasons for or against its adoption, and its32 reasons for overruling the considerations urged against its33 adoption.34 (f) No rule is valid unless adopted in compliance withSB304 Enrolled -46- LRB9002358NTsb 1 this Section.2 (g) The Department shall file in the office of the3 Secretary of State and in the Department's principal office a4 certified copy of each rule and modification or repeal of any5 rule adopted by it.6 (c) (h) Each adopted rule is effective 30 days after7 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 InformationCenter. 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 SB304 Enrolled -47- LRB9002358NTsb 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 SB304 Enrolled -48- LRB9002358NTsb 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 InformationCenter. 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 SB304 Enrolled -49- LRB9002358NTsb 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, SB304 Enrolled -50- LRB9002358NTsb 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 SB304 Enrolled -51- LRB9002358NTsb 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 SB304 Enrolled -52- LRB9002358NTsb 1 Agency. 2 "Center" means the Waste Management and Research 3 Hazardous Waste Research and InformationCenter. 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 15to 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 Illinois28 River and Mississippi River, including adjoining back water29 lakes, mussels may be taken during the season by the30 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 SB304 Enrolled -53- LRB9002358NTsb 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 SB304 Enrolled -54- LRB9002358NTsb 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. SB304 Enrolled -55- LRB9002358NTsb 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 orbow 21 and arrow cased, unstrung or otherwise made inoperable by a22 lockingdevice 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.
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