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91_HB0311
LRB9100675LDpk
1 AN ACT to amend the Environmental Protection Act by
2 changing Section 42 and adding Title XVIII.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Environmental Protection Act is amended by
6 changing Section 42 and adding Title XVIII as follows:
7 (415 ILCS 5/42) (from Ch. 111 1/2, par. 1042)
8 Sec. 42. Civil penalties.
9 (a) Except as provided in this Section, any person that
10 violates any provision of this Act or any regulation adopted
11 by the Board, or any permit or term or condition thereof, or
12 that violates any determination or order of the Board
13 pursuant to this Act, shall be liable to a civil penalty of
14 not to exceed $50,000 for the violation and an additional
15 civil penalty of not to exceed $10,000 for each day during
16 which the violation continues; such penalties may, upon order
17 of the Board or a court of competent jurisdiction, be made
18 payable to the Environmental Protection Trust Fund, to be
19 used in accordance with the provisions of the Environmental
20 Protection Trust Fund Act.
21 (b) Notwithstanding the provisions of subsection (a) of
22 this Section:
23 (1) Any person that violates Section 12(f) of this
24 Act or any NPDES permit or term or condition thereof, or
25 any filing requirement, regulation or order relating to
26 the NPDES permit program, shall be liable to a civil
27 penalty of not to exceed $10,000 per day of violation.
28 (2) Any person that violates Section 12(g) of this
29 Act or any UIC permit or term or condition thereof, or
30 any filing requirement, regulation or order relating to
31 the State UIC program for all wells, except Class II
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1 wells as defined by the Board under this Act, shall be
2 liable to a civil penalty not to exceed $2,500 per day of
3 violation; provided, however, that any person who commits
4 such violations relating to the State UIC program for
5 Class II wells, as defined by the Board under this Act,
6 shall be liable to a civil penalty of not to exceed
7 $10,000 for the violation and an additional civil penalty
8 of not to exceed $1,000 for each day during which the
9 violation continues.
10 (3) Any person that violates Sections 21(f), 21(g),
11 21(h) or 21(i) of this Act, or any RCRA permit or term or
12 condition thereof, or any filing requirement, regulation
13 or order relating to the State RCRA program, shall be
14 liable to a civil penalty of not to exceed $25,000 per
15 day of violation.
16 (3-5) A person who violates a provision of Section
17 60.4, 60.5, or 60.6 shall be liable for a civil penalty
18 not to exceed $500 for the violation and for each day
19 that the violation continues.
20 (4) In an administrative citation action under
21 Section 31.1 of this Act, any person found to have
22 violated any provision of subsection (o) or (p) of
23 Section 21 of this Act shall pay a civil penalty of $500
24 for each violation of each such provision, plus any
25 hearing costs incurred by the Board and the Agency. Such
26 penalties shall be made payable to the Environmental
27 Protection Trust Fund, to be used in accordance with the
28 provisions of the Environmental Protection Trust Fund
29 Act; except that if a unit of local government issued the
30 administrative citation, 50% of the civil penalty shall
31 be payable to the unit of local government.
32 (5) Any person who violates subsection 6 of Section
33 39.5 of this Act or any CAAPP permit, or term or
34 condition thereof, or any fee or filing requirement, or
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1 any duty to allow or carry out inspection, entry or
2 monitoring activities, or any regulation or order
3 relating to the CAAPP shall be liable for a civil penalty
4 not to exceed $10,000 per day of violation.
5 (b.5) In lieu of the penalties set forth in subsections
6 (a) and (b) of this Section, any person who fails to file, in
7 a timely manner, toxic chemical release forms with the Agency
8 pursuant to Section 25b-2 of this Act shall be liable for a
9 civil penalty of $100 per day for each day the forms are
10 late, not to exceed a maximum total penalty of $6,000. This
11 daily penalty shall begin accruing on the thirty-first day
12 after the date that the person receives the warning notice
13 issued by the Agency pursuant to Section 25b-6 of this Act;
14 and the penalty shall be paid to the Agency. The daily
15 accrual of penalties shall cease as of January 1 of the
16 following year. All penalties collected by the Agency
17 pursuant to this subsection shall be deposited into the
18 Environmental Protection Permit and Inspection Fund.
19 (c) Any person that violates this Act, or an order or
20 other determination of the Board under this Act and causes
21 the death of fish or aquatic life shall, in addition to the
22 other penalties provided by this Act, be liable to pay to the
23 State an additional sum for the reasonable value of the fish
24 or aquatic life destroyed. Any money so recovered shall be
25 placed in the Wildlife and Fish Fund in the State Treasury.
26 (d) The penalties provided for in this Section may be
27 recovered in a civil action.
28 (e) The State's Attorney of the county in which the
29 violation occurred, or the Attorney General, may, at the
30 request of the Agency or on his own motion, institute a civil
31 action for an injunction to restrain violations of this Act.
32 (f) The State's Attorney of the county in which the
33 violation occurred, or the Attorney General, shall bring such
34 actions in the name of the people of the State of Illinois.
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1 Without limiting any other authority which may exist for the
2 awarding of attorney's fees and costs, the Board or a court
3 of competent jurisdiction may award costs and reasonable
4 attorney's fees, including the reasonable costs of expert
5 witnesses and consultants, to the State's Attorney or the
6 Attorney General in a case where he has prevailed against a
7 person who has committed a wilful, knowing or repeated
8 violation of the Act.
9 Any funds collected under this subsection (f) in which
10 the Attorney General has prevailed shall be deposited in the
11 Hazardous Waste Fund created in Section 22.2 of this Act. Any
12 funds collected under this subsection (f) in which a State's
13 Attorney has prevailed shall be retained by the county in
14 which he serves.
15 (g) All final orders imposing civil penalties pursuant
16 to this Section shall prescribe the time for payment of such
17 penalties. If any such penalty is not paid within the time
18 prescribed, interest on such penalty at the rate set forth in
19 subsection (a) of Section 1003 of the Illinois Income Tax
20 Act, shall be paid for the period from the date payment is
21 due until the date payment is received. However, if the time
22 for payment is stayed during the pendency of an appeal,
23 interest shall not accrue during such stay.
24 (h) In determining the appropriate civil penalty to be
25 imposed under subdivisions (a), (b)(1), (b)(2), (b)(3), or
26 (b)(5) of this Section, the Board is authorized to consider
27 any matters of record in mitigation or aggravation of
28 penalty, including but not limited to the following factors:
29 (1) the duration and gravity of the violation;
30 (2) the presence or absence of due diligence on the
31 part of the violator in attempting to comply with
32 requirements of this Act and regulations thereunder or to
33 secure relief therefrom as provided by this Act;
34 (3) any economic benefits accrued by the violator
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1 because of delay in compliance with requirements;
2 (4) the amount of monetary penalty which will serve
3 to deter further violations by the violator and to
4 otherwise aid in enhancing voluntary compliance with this
5 Act by the violator and other persons similarly subject
6 to the Act; and
7 (5) the number, proximity in time, and gravity of
8 previously adjudicated violations of this Act by the
9 violator.
10 (Source: P.A. 90-773, eff. 8-14-98.)
11 (415 ILCS 5/Title XVIII heading new)
12 TITLE XVIII: EROSION, SEDIMENT, AND
13 STORMWATER CONTROL PROGRAM
14 (415 ILCS 5/60 new)
15 Sec. 60. Definitions. As used in this Title:
16 "Adjacent land" means an area within 50 feet of a project
17 area, including all surrounding land that may either impact a
18 site or be impacted by potential soil erosion, sediment, or
19 storm water run-off as a result of land disturbing activities
20 conducted on a site.
21 "Areas of concentrated flow or bodies of water" means
22 areas where water may accumulate or flow, whether continual
23 or as the result of a storm event, including but not limited
24 to lakes, rivers, streams, creeks, ponds, ditches, swales,
25 gullies, ravines, street gutters, and other similar features.
26 "Control measure" means a proposed temporary or permanent
27 measure to be installed to control erosion, sediment, and
28 storm water run-off from a project area.
29 "Development" means the division of a parcel of land into
30 2 or more parcels; the construction, reconstruction,
31 conversion, structural alteration, relocation, or enlargement
32 of any structure; a mining, excavation, landfill, or land
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1 disturbance; or any use or extension of the use of land.
2 "Disturbed area" means an area of land on which the
3 pre-development ground surface will be affected or altered by
4 the development activities, including but not limited to
5 grading, clearing, stockpiling, tracking, and other similar
6 activities.
7 "Drainage area" means land over which water flows toward
8 a point where water leaves a site.
9 "Flood Insurance Rate Maps (FIRM)" means maps prepared by
10 the Federal Emergency Management Agency (FEMA) that depict
11 the special flood hazard areas (SFHAs) within a community,
12 insurance rate zones, and floodplains and may depict
13 floodways.
14 "Five-year frequency storm event" means that the storm
15 event rainfall depth during a 24-hour period is exceeded, on
16 the average, once every 5 years.
17 "Institutional use" means a religious or public use,
18 including but not limited to a church, library, public or
19 private school, hospital, or government-owned or
20 government-operated building, structure, or land used for a
21 public purpose.
22 "Land disturbing activity" means a change in land that
23 may result in soil erosion from water or wind and the
24 movement of sediments into waters or onto lands within this
25 State or a change in the amount or intensity of storm water
26 run-off, including but not limited to covering with an
27 impervious surface, stockpiling, clearing, grading,
28 excavating, rehabilitating, transporting, depositing, or
29 filling of land.
30 "Normal agricultural practices" means activities
31 associated with the preparation and tilling of land for the
32 purposes of growing crops or raising livestock, which may
33 include, but are not limited to, the construction of
34 conservation measures, plowing, disking, and cultivating.
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1 "Perimeter control" means any control measure installed
2 between the down slope side of a disturbed area and the
3 property line or between the down slope side of a disturbed
4 area and an area of concentrated flow.
5 "Pre-project condition" means a condition that impacts
6 erosion, sediment, or storm water run-off characteristics of
7 a site before the start of construction activity. The
8 pre-project condition shall be based on the predominant land
9 use for the past 5 years. For example, if a site has been
10 cropland for 4 of the past 5 years, and in grass just prior
11 to development, the pre-project condition is considered
12 cropland.
13 "Project" means a development involving a land disturbing
14 activity.
15 "Regional storm water management system" means a system
16 that is designed, constructed, and maintained to provide
17 storm water control for multiple land owners.
18 "Road" means a right-of-way that has been improved for
19 the purposes of providing a surface for vehicle traffic.
20 "Single-family dwelling" means a building designed for or
21 occupied by one family.
22 "Site" means a lot or parcel on which a project is to be
23 developed.
24 "Site-specific plan" means a general erosion and
25 sediment control permit for projects where the slope is 10%
26 or greater and there are no areas of concentrated flow or
27 bodies of water on or immediately adjacent to the site.
28 "Slope" means the maximum slope indicated on the site
29 according to the USDA Soil Survey or topographic survey as
30 prepared by an Illinois Registered Surveyor.
31 "Standard plan" means a general erosion and sediment
32 control permit for projects where the slope is less than 10%
33 and there are no areas of concentrated flow or bodies of
34 water on or immediately adjacent to the site.
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1 "Substantial completion" means the point in time at which
2 all exterior work is completed and a site can be used for the
3 use intended.
4 "Twenty-five year frequency storm event" means that the
5 storm event rainfall depth during a 24-hour period is
6 exceeded, on the average, once every 25 years.
7 "Utility service line" means a method by which utility
8 service is provided to service users, including but not
9 limited to electric, telephone, or television cable or gas,
10 water, or sewer pipes.
11 "Working day" means any day other than Saturday, Sunday,
12 or any holiday when State offices are closed.
13 (415 ILCS 5/60.1 new)
14 Sec. 60.1. Permit requirement; applicability of Title.
15 (a) Except as provided in subsection (b), no land
16 surface within the boundaries and jurisdiction of the State
17 of Illinois shall be disturbed unless an erosion and sediment
18 control permit or an erosion, sediment, and storm water
19 control permit has first been issued for that project in
20 accordance with Section 60.4 or 60.5, as appropriate.
21 (b) This Title does not apply to the following:
22 (1) Land disturbing activities that do not involve
23 the construction of a new single-family or 2-family
24 dwelling and for which the disturbed area is less than
25 5,000 square feet.
26 (2) Routine maintenance of roads, access ways, and
27 utility service lines.
28 However, the Agency has the authority to require a
29 non-agricultural construction development activity,
30 regardless of the disturbed area or type of activity, to
31 comply with this Title if it is determined to be the cause of
32 or a contributor to an existing or potential erosion,
33 sediment, or storm water impact.
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1 (c) Land on which there is located a permanent storm
2 water control measure that was installed pursuant to this
3 Title shall be subject to this Act.
4 (415 ILCS 5/60.2 new)
5 Sec. 60.2. Standards for design and maintenance.
6 (a) Within 180 days of the effective date of this
7 amendatory Act of 1999, the Agency shall propose, and the
8 Board shall adopt, rules setting erosion and sediment control
9 criteria and specifications and standards for stormwater
10 design analysis to implement this Title. The rules may
11 incorporate, to the extent appropriate, the standards and
12 criteria set forth in the Agency's Illinois Urban Manual, A
13 Technical Manual Designed for Urban Ecosystem Protection and
14 Enhancement (1995) and the Urban Committee of the Association
15 of Illinois Soil and Water Conservation District's Illinois
16 Procedures and Standards for Urban Soil Erosion and
17 Sedimentation Control.
18 (b) All erosion and sediment control measures required
19 under this Title shall conform to the design criteria,
20 standards, and specifications adopted by the Board under
21 subsection (a). All erosion and sediment control measures
22 installed shall be sufficient to prevent sediment from
23 leaving the permit site during a 5-year frequency storm
24 event. Measures shall be taken to prevent sediment from
25 leaving the site, including but not limited to installing a
26 road construction drive or cleaning tires to minimize
27 tracking of sediment onto public roads. When sediment does
28 leave the site, the owner, developer, or contractor shall
29 remove the sediment within 4 hours or by the end of that work
30 day.
31 (c) All storm water controls shall be designed so that
32 the peak discharge rate from the permitted area resulting
33 from the 2-year and 25-year frequency storm events for the
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1 post-project condition do not exceed the corresponding storm
2 event peak discharges for the pre-project condition.
3 Evaluation of submitted plans shall be based on the storm
4 water design analysis standards adopted by the Board under
5 subsection (a).
6 (d) To allow for the beneficial development and
7 maintenance of regional storm water management systems, an
8 applicant may submit, and the Agency shall review, a design
9 for the development of a regional storm water management
10 system. The applicant shall submit documentation of (i)
11 approval for the use of the regional storm water management
12 facility from the local government agency having jurisdiction
13 over it and (ii) proof that there will be no adverse flooding
14 impact to a receiving stream between the point of discharge
15 and the regional storm water facility. If an application to
16 use a regional storm water management system is approved by
17 the Agency, the applicant shall be exempt from the
18 requirements of this Section for permanent on-site storm
19 water controls. An exemption under this Section shall not
20 apply to temporary storm water control measures required by
21 this Title.
22 (415 ILCS 5/60.3 new)
23 Sec. 60.3. Maintenance of control measures.
24 (a) On-site erosion and sediment control measures shall
25 be constructed and functional prior to initiating clearing,
26 grading, stripping, excavating, or fill activities on a site.
27 (b) Erosion and sediment control measures and temporary
28 storm water control measures shall be maintained so they are
29 operating effectively until permanent ground surface
30 protection and permanent storm water control measures are
31 established in a manner specified in the applicable permit
32 issued under this Title.
33 (c) Fully functioning temporary sediment control
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1 measures, including but not limited to perimeter sediment
2 controls, shall remain in place until the ground is
3 stabilized with permanent ground cover. The intent of this
4 Section is to protect the sites at all times until the ground
5 is permanently stabilized. In cases where it is not
6 practicable to leave the temporary sediment control measures
7 in place before establishing permanent ground cover,
8 including but not limited to occasions when control measures
9 need to be removed in order to grade the area or install
10 pavement or sod, an exception will be made only if one of the
11 conditions following is met:
12 (1) Permanent ground cover shall be established
13 with pavement, aggregate, or sod within 3 days of the
14 removal of sediment barriers.
15 (2) Permanent vegetation shall be established by
16 seeding with anchored mulch within 3 days of removal of
17 sediment barriers during the spring or fall seeding
18 periods. However, on project areas with slopes not
19 exceeding 5%, permanent vegetation shall be established
20 by seeding within 3 days of the removal of sediment
21 barriers during the spring or fall seeding periods.
22 Summer seeding is acceptable on project areas that will
23 be watered. This item does not apply to concentrated
24 flow areas.
25 In no way does adhering to a condition in item (1) or (2)
26 relieve the owner of responsibility to clean up or repair
27 damage caused from sediment or storm water run-off leaving
28 the site.
29 (d) The Agency may require additional control measures
30 pursuant to the standards if determined necessary by the
31 Agency after site inspection and prior to issuing the permit.
32
33 (415 ILCS 5/60.4 new)
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1 Sec. 60.4. General erosion and sediment control permits.
2 (a) Beginning 180 days after the effective date of this
3 amendatory Act of 1999, before commencing a project involving
4 the construction of a new single-family or two-family
5 dwelling or commencing a project involving an area of 5,000
6 square feet or greater, the owner of the land, or his or her
7 representative, shall be required to file an application for
8 a general erosion and sediment control permit, as either a
9 standard plan or site specific plan, except as otherwise
10 provided in Section 60.1 and Section 60.5. For the purpose of
11 determining acreage under this subsection, a fractional acre
12 shall be rounded to the nearest whole acre.
13 (b) An applicant for a permit under this Section shall
14 file an application with the Agency on forms provided by the
15 Agency. The fee for a standard plan application shall be $100
16 for each permit and the fee for a site-specific plan
17 application shall be $150 for each permit. However, no fee
18 shall be required for a project to be performed by a unit of
19 local government. No application shall be accepted for filing
20 unless the fee has been paid in full. All fees shall be
21 nonrefundable.
22 (c) Review by the Agency of a general erosion and
23 sediment control permit application shall be limited to
24 verifying that the required information and permit fee have
25 been provided and that the project meets applicable
26 standards. The Agency shall issue or deny an application by
27 (1) approving the permit for a standard plan within 20
28 working days of the filing of a complete application or (2)
29 initiating the review process for a site-specific plan and
30 approving the site-specific plan within 45 working days of
31 the filing of a completed application. If the permit is
32 denied, it shall be returned to the applicant with a written
33 explanation of its denial. The application shall be deemed
34 approved if an Agency response is not timely made.
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1 (d) A general erosion and sediment control permit shall
2 be issued for a period not to exceed 2 years.
3 (e) A general erosion and sediment control permit shall
4 contain, at a minimum, the following conditions:
5 (1) that written approval be obtained from the
6 Agency prior to making a modification to an approved
7 erosion and sediment control plan as set forth in the
8 permit application;
9 (2) that all control measures identified in the
10 permit and applicable control measures set forth in this
11 Title shall be installed;
12 (3) that control measures shall be maintained
13 during construction; and
14 (4) any other conditions that the Agency deems
15 appropriate to ensure compliance with the requirements
16 and intent of this Title.
17 (f) A permit holder shall maintain temporary control
18 measures in accordance with Section 60.3 under all
19 circumstances. In addition, all disturbed areas must have
20 permanent ground cover within 6 months of project completion,
21 or within 6 months of occupancy, whichever comes first.
22 (415 ILCS 5/60.5 new)
23 Sec. 60.5. Erosion, sediment, and storm water control
24 permits.
25 (a) Beginning 180 days after the effective date of this
26 amendatory Act of 1999, before commencing a commercial,
27 institutional, multi-family, or industrial project on an area
28 of more than one-half acre, the owner of the land, or his or
29 her representative, shall be required to file an application
30 for an erosion, sediment, and storm water control permit. For
31 the purpose of determining acreage under this subsection, a
32 fractional acre shall be rounded to the nearest whole acre.
33 (b) An applicant shall file the application with the
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1 Agency on forms provided by the Agency. Each application
2 shall include the following information:
3 (1) A map of existing site conditions showing the
4 project area, immediately adjacent areas, and the
5 locations of the following site information:
6 (A) site boundaries and adjacent lands that
7 accurately identify the site location;
8 (B) lakes, streams, wetlands, channels,
9 ditches, and other water courses on and immediately
10 adjacent to the site;
11 (C) floodways or Zone A areas of a floodplain,
12 as determined on the Flood Insurance Rate Map
13 (FIRM), and the appropriate map panel number;
14 (D) all off-site drainage onto or through the
15 project site;
16 (E) the location and dimensions of storm water
17 management components on or adjacent to the site;
18 (F) the locations and dimensions of
19 structures, roads, highways, easements, and paved
20 areas; and
21 (G) site topography showing contours at
22 vertical intervals as follows:
23 (I) slope of 6% or less, 2-foot
24 intervals;
25 (II) slope of 6% or more but less than
26 15%, 5-foot intervals;
27 (III) slope of 15% or more, 10-foot or
28 20-foot intervals.
29 The map shall be scaled so that one inch equals
30 100 feet.
31 (2) A plan of final site conditions drawn to the
32 same scale as the existing site map submitted under item
33 (1) and which includes information to accurately depict
34 post-construction appearance of the site, including but
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1 not limited to paved areas, buildings, landscaping, and
2 other changes to the site, and accurately depict
3 predominate site features, including but not limited to
4 open areas and bodies of water.
5 (3) A site construction plan including:
6 (A) locations and dimensions of all proposed
7 land disturbing activities;
8 (B) locations and dimensions of all temporary
9 soil and aggregate stockpiles;
10 (C) location, dimension, and construction
11 details of all construction site management control
12 measures necessary to meet the requirements of this
13 Title, including but not limited to proposed
14 revegetation of disturbed areas; and
15 (D) a statement regarding provisions for
16 meeting maintenance requirements of the construction
17 site management control measures during
18 construction.
19 (4) The following storm water management
20 information:
21 (A) Design calculations and a permanent storm
22 water management system for a project with a net
23 increase of impervious area greater than one-half
24 acre. For purposes of this subdivision, "net
25 increase" means the cumulative change since the
26 effective date of this amendatory Act of 1999. For
27 example, in year 1, a commercial site increases a
28 parking lot by 20,000 square feet. In year 2, the
29 same commercial site adds a building with an area of
30 20,000 square feet. In year 1, no permanent storm
31 water control measures or calculations are required
32 under this Title. In year 2, storm water
33 calculations shall be submitted and shall be based
34 on the total increase of 40,000 square feet of
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1 impervious area.
2 (B) a map showing the drainage area
3 boundaries, including off-site drainage areas that
4 drain into or onto the site;
5 (C) location and identification of soil types
6 for all drainage areas;
7 (D) location and identification of vegetative
8 cover for all drainage areas;
9 (E) run-off curve number calculations for
10 pre-project and post-project conditions for each
11 drainage area;
12 (F) time-of-concentration calculations for
13 pre-project and post-project conditions for each
14 drainage area and a map showing hydraulic flow
15 lengths used;
16 (G) peak flow-rate calculations for 2-year and
17 25-year storms for pre-project and post-project
18 conditions;
19 (H) design calculations for detention basin
20 outlets for 2-year and 25-year storms, include
21 stage-storage table and discharge rating curve data
22 or outflow calculations;
23 (I) location dimensions and construction
24 details of proposed detention basins and outlets;
25 (J) detention volume calculations; and
26 (K) a summary of peak flow rates for
27 pre-project and post-project conditions with
28 detention showing that the requirements of this
29 Title are met.
30 (5) A schedule or sequence of development or
31 installation of the elements of the site management
32 control measures proposed by the applicant.
33 (6) A detailed estimate, prepared by a licensed
34 professional engineer, of quantities and estimated costs
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1 of all control measures required under this Title.
2 (7) A plan for the continued management and
3 maintenance of permanent control measures.
4 (c) An applicant fee of $50 per acre, with a minimum fee
5 of $250 and a maximum fee of $2,000, shall be submitted at
6 the time of application. However, no fee shall be required
7 for a project to be performed by a unit of local government.
8 No application shall be accepted for filing unless the fee
9 has been paid in full. All fees shall be nonrefundable.
10 (d) Within 20 working days of submittal of the
11 application, the Agency shall respond in writing to the
12 sediment and erosion control practices portion of an
13 application submitted under this Section. Within 45 working
14 days of submittal of an application, the Agency shall respond
15 to the storm water management plans and control portion of
16 the application by either issuing a permit, issuing a request
17 for additional information, or issuing a statement denying
18 the permit with an explanation of cause. The application
19 shall be deemed approved if an Agency response is not timely
20 made.
21 (e) Before an erosion, sediment, and storm water control
22 permit is issued, an applicant shall deliver to the Agency a
23 surety bond, an irrevocable letter of credit, or an executed
24 escrow agreement in the name of the State of Illinois for
25 100% of the applicant's professional engineer's estimated
26 cost for all control measures required under this Title. A
27 signed contractor's bid that meets the specifications of the
28 engineer's estimate for the work may be used to establish the
29 amount of security required, if the estimate is accepted by
30 the Agency.
31 (f) An erosion, sediment, and storm water control permit
32 shall be issued for a period not to exceed 2 years. However,
33 the Agency may extend a permit for good cause.
34 (g) An erosion, sediment, and storm water control permit
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1 shall contain, at a minimum, the conditions set forth in
2 subsection (e) of Section 60.4.
3 (h) Without exception, all disturbed areas must have
4 permanent ground cover within 6 months of project completion,
5 or within 6 months of occupancy, whichever comes first.
6 (i) Within 14 days after completion of construction, an
7 applicant shall notify the Agency that the permanent storm
8 water control measures are ready for final inspection. If
9 the inspection shows that the control measures and
10 maintenance plan comply with the standards adopted by the
11 Agency under subsection (a) of Section 60.2, the Agency shall
12 issue a Notice of Permanent Storm Water Control Measures to
13 the applicant.
14 (415 ILCS 5/60.6 new)
15 Sec. 60.6. Maintenance of permanent storm water control
16 measures. A person owning property with a permanent storm
17 water control measure on his or her property installed
18 pursuant to this Title shall maintain the control measure so
19 that it functions in compliance with the standards adopted by
20 the Department under subsection (a) of Section 60.2.
21 (415 ILCS 5/60.7 new)
22 Sec. 60.7. Inspections; stop work order. This Title shall
23 be administered and enforced by the Agency. The Agency shall
24 make, or cause to be made, periodic inspections of all work
25 authorized by permits issued in accordance with this Title to
26 insure that construction is in compliance with the provisions
27 of this Title. In addition, the Agency shall make or cause to
28 be made investigations of violations of this Title and shall
29 require that violations be corrected.
30 A permit issued under this Title shall be revoked and a
31 stop-work order shall be issued by the Agency if it finds,
32 from personal inspection or from competent evidence, that the
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1 rules or standards under which the permit was issued have
2 been violated. The Agency shall not issue a stop-work order
3 until the Board adopts precise standards under subsection (a)
4 of Section 60.2. To defray the costs of administering stop
5 work orders posted by the field inspectors as a result of a
6 violation of a provision of this Title, a fee of $100 per
7 stop work order will be charged to the violator.
8 (415 ILCS 5/60.8 new)
9 Sec. 60.8. Appeal of Agency decision. A person directly
10 aggrieved by a decision, order, requirement, or determination
11 of the Agency made pursuant to this Title shall have the
12 right to appeal the Agency action to the Board. The appeal
13 shall be made within 35 days from the date of the action
14 appealed from, shall be filed in writing, and shall include a
15 concise statement of why the action is being appealed. The
16 Board shall afford the aggrieved person a hearing and
17 reasonable notice of the hearing in accordance with the
18 Illinois Administrative Procedure Act.
19 (415 ILCS 5/60.9 new)
20 Sec. 60.9. Deposit of moneys. All fees and fines
21 collected under this Title shall be deposited into the
22 Environmental Protection Permit and Inspection Fund. Moneys
23 collected under this Title and deposited into the Fund may be
24 used by the Agency to administer this Title.
25 (415 ILCS 5/60.10 new)
26 Sec. 60.10. Regulation by units of local government. A
27 unit of local government, including a home rule unit, may not
28 regulate erosion, sediment, and storm water control measures
29 in a manner inconsistent with the regulation by the State
30 under this Title. This Section is a limitation under
31 subsection (i) of Section 6 of Article VII of the Illinois
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1 Constitution on the concurrent exercise by home rule units of
2 powers and functions exercised by the State.