Summary as Introduced
Amends the Public Utilities Act. Makes a technical change in the short title Section.
Staff Analysis
Creates the Wetlands Protection Act (rather than the Wetlands and Small Streams Protection Act). Removes references to streams. Exempts prior converted cropland unless there has been a change in use out of agricultural or conservation use and the area regains wetlands attributes (rather than exempts converted cropland). In an exemption for an artificially irrigated area that would revert to upland if the irrigation ceased, provides that this also includes pumping water for waterfowl hunting or waterfowl habitat. Exempts wetlands created by the construction of stormwater facilities in upland areas, provided that the facility was not created for the purpose of wetland mitigation. Provides that no person may discharge dredged or fill material into a wetland protected by the Act (rather than discharge dredged or fill material from a point source into a wetland or small stream protected by this Act). Removes provisions regarding regulated activities in wetlands requiring permits issued by the Department of Natural Resources. Provides that an approved county or district may designate high-function wetlands as Class I wetlands through a process such as Lake County's Wetland Restoration and Preservation Plan. Provides that certain entities may establish and operate a mitigation bank or an in lieu fee program. Provides that the in lieu fee program option may be used for mitigation when there are no available mitigation credits within the watershed. Removes a provision in which the Agency may override the Department's decision to issue a permit under the Act. Provides that individuals seeking a permit are responsible for wetland delineation and classification made by or under the supervision of an approved wetland specialist. In a provision regarding requirements for an application for an individual permit, provides that the Department shall notify the applicant of certain information within 20 business days, 90 business days, or 45 business days (rather than 20 days, 90 days, or 45 days) under specified conditions. Removes a provision that a person may submit concurrent requests for delineation, classification, and permit application. Provides that the Agency shall, within 80 business days of receipt of a complete application, approve the application, deny the application, or approve the application with conditions. Removes provisions regarding the Illinois Wetlands and Streams Advisory Committee. Provides that the Department shall adopt rules to implement the Act within one year after the effective date of this Act. Provides that any person may file a complaint with the Pollution Control Board against any person violating this Act, or violating relevant rules, permits, or Board orders. Makes conforming changes to the State Finance Act, creating the Wetlands Protection Fund (rather than the Wetlands and Small Streams Protection Fund). Changes definitions, removes definitions, and defines new terms. Makes technical and other changes.