Full Text of HB2251 96th General Assembly
HB2251enr 96TH GENERAL ASSEMBLY
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HB2251 Enrolled |
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LRB096 06271 AJT 16354 b |
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| AN ACT concerning waterways.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Rivers, Lakes, and Streams Act is amended by | 5 |
| changing Section 23a as follows:
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| (615 ILCS 5/23a) (from Ch. 19, par. 70a)
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| Sec. 23a. The Department is authorized to carry out | 8 |
| inspections of any
dam within the State, and to establish | 9 |
| standards and issue permits for the
safe construction of new | 10 |
| dams and the reconstruction, repair, operation
and maintenance | 11 |
| of all existing dams. If any inspection carried out
by the | 12 |
| Department or by a federal agency in which the Department | 13 |
| concurs
determines that a dam is in an unsafe condition, the | 14 |
| Department shall
so notify the appropriate public officials of | 15 |
| the affected city or county,
the State's Attorney of the county | 16 |
| in which the dam is located, and the
Illinois Emergency | 17 |
| Management Agency.
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| The Department may compel the installation of fishways in | 19 |
| dams wherever
deemed necessary.
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| The Department may establish by rule minimum water levels | 21 |
| for water behind
dams on streams and rivers as necessary to | 22 |
| preserve the fish and other aquatic
life and to safeguard the | 23 |
| health of the community.
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HB2251 Enrolled |
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LRB096 06271 AJT 16354 b |
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| Upon a determination of the Department that a dam | 2 |
| constitutes a serious
threat to life or a threat of substantial | 3 |
| property damage, the Department
may issue orders to require | 4 |
| changes in the structure or its operation or
maintenance | 5 |
| necessary for proper control of water levels at normal stages
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| and for the disposal of flood waters and for the protection of | 7 |
| navigation
and any persons or property situated downstream from | 8 |
| the dam or to otherwise
remove the threat provided, however, | 9 |
| that no existing dam, based solely
upon the enactment by any | 10 |
| governmental unit of any new rule, regulation,
ordinance, law, | 11 |
| or other requirement passed after the construction of the
dam, | 12 |
| shall be deemed to constitute a serious threat to life or a | 13 |
| threat of
substantial property damage if it was designed and | 14 |
| constructed under a
permit from the State of Illinois in | 15 |
| conformance with all applicable
standards existing at the time | 16 |
| of its construction and is in good repair.
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| The Department shall be required, prior to taking any | 18 |
| action to compel
alteration or breaching of any dam, to furnish | 19 |
| in writing to the owner of
the dam (1) a detailed and specific | 20 |
| list of defects discovered in the course
of inspection of the | 21 |
| dam, including the specific nature of any inadequacies
in the | 22 |
| capacity of the spillway system and any indications of seepage, | 23 |
| erosion,
or other evidence of structural deficiency in the dam | 24 |
| or spillway; and (2)
a statement of the applicable standards | 25 |
| that if complied with by the owner
of the dam would put the dam | 26 |
| into compliance with the State's requirements.
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HB2251 Enrolled |
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LRB096 06271 AJT 16354 b |
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| No order shall be issued requiring alteration of any | 2 |
| existing dam until after
notice and opportunity for hearing has | 3 |
| been provided by the Department to the
dam owners. If the owner | 4 |
| or owners of the dam are unknown, notice will be
provided by | 5 |
| publication in a newspaper of general circulation in the county | 6 |
| in
which the structure is located. Any order issued under this | 7 |
| Section shall
include a statement of the findings supporting | 8 |
| the order.
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| Opportunity for hearing is not required in emergency | 10 |
| situations when the
Department finds there is imminent hazard | 11 |
| to personal public safety of people.
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| The Department may enforce the provisions of this Section | 13 |
| and of rules
and orders issued hereunder by injunction or other
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| appropriate action.
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| Neither the Department of Natural Resources nor
employees | 16 |
| or agents of the Department shall be liable for damages | 17 |
| sustained
through the partial or total failure of any dam or | 18 |
| the operation or maintenance
of any dam by reason of the | 19 |
| Department's regulation thereof. Nothing in this
Act shall | 20 |
| relieve an owner or operator of a dam from the legal duties,
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| obligations, and liabilities arising from ownership or | 22 |
| operation.
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| The Department shall review and update its operations | 24 |
| manuals for the Algonquin Dam and the William G. Stratton Lock | 25 |
| and Dam on an annual basis. | 26 |
| (Source: P.A. 89-445, eff. 2-7-96.)
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