97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0307

 

Introduced 01/31/11, by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
70 ILCS 605/12-7  from Ch. 42, par. 12-7

    Amends the Illinois Drainage Code. In provisions imposing penalties for the destruction or removal of drainage tiles, provides that the penalties do not apply to a person or entity that obstructs, destroys, or removes agricultural drainage tile located on that person's or entity's property after a licensed hydrological engineer or other professional with similar qualifications determines that the obstruction, destruction, or removal of the agricultural drainage tile will not adversely impact water runoff in the drainage district. Effective immediately.


LRB097 06802 RLJ 46893 b

 

 

A BILL FOR

 

HB0307LRB097 06802 RLJ 46893 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Drainage Code is amended by
5changing Section 12-7 as follows:
 
6    (70 ILCS 605/12-7)  (from Ch. 42, par. 12-7)
7    Sec. 12-7. Penalty for obstructing or injuring drain,
8drainage structure, levee or pumping plant. Whoever wilfully
9obstructs, injures or destroys any covered drain constructed
10through the lands of others as provided in Section 2-6 2--6 of
11this Act, or any other drain, levee, drainage structure or
12pumping plant, whether private, mutual or district, is guilty
13of a Class A misdemeanor. The dumping of trash, refuse or
14debris into an open drain shall be treated and considered as
15obstructing a drain.
16    The pollution of the water of any drain of any drainage
17district shall be considered an injury to such drain, within
18the meaning of this Section. Pollution shall be deemed to be
19wilful, within the meaning of this Section, if the person, firm
20or corporation responsible for such pollution shall allow the
21same to continue for more than 60 days after written notice
22from the commissioners to abate the same.
23    Whoever wilfully cuts or breaches any private, mutual or

 

 

HB0307- 2 -LRB097 06802 RLJ 46893 b

1district levee is guilty of a Class 3 felony.
2    Any fines collected under this Section for the obstruction,
3injury or destruction of a district drain, drainage structure
4or pumping plant or for the cutting or breaching of any
5district levee shall be paid over to the district.
6    In addition to the criminal penalty imposed by this
7Section, whoever wilfully or negligently obstructs, injures,
8cuts, breaches or destroys a private, mutual or district drain
9or drainage structure, levee or pumping plant is liable for the
10cost of repairing or reconstructing the same and for any damage
11to lands, crops or other property that may have resulted
12therefrom.
13    This Section does not apply to a person or entity that
14obstructs, destroys, or removes agricultural drainage tile
15located on that person's or entity's property after a licensed
16hydrological engineer or other professional with similar
17qualifications determines that the obstruction, destruction,
18or removal of the agricultural drainage tile will not adversely
19impact water runoff in the district.
20(Source: P.A. 77-2405.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.