ENVIRONMENT LAW


HB 251 - Dumping Garbage on Property
Increases the statutory penalty from a maximum fine of $500 to a minimum fine of $500 for any person convicted of dumping garbage on real property.
P.A. 91-409; effective 1-1-2000.

HB 909 - Construction or Demolition
Prohibits any person from causing or allowing the open dumping of waste in a manner that results in the deposit of construction or demolition debris.
P.A. 91-72; effective 7-9-99.

HB 1688 - Nature Preserve Buffer - Public Easement
Amends the Property Tax Code to provide that any property dedicated as a nature preserve buffer under the Illinois Natural Areas Preservation Act is encumbered by a public easement. It amends the Real Property Conservation Rights Act to remove amendatory changes pertaining to grants. Amends the Code of Civil Procedure to provide that the amount of compensation for the taking of the property is not diminished by virtue of the existence of a conservation right.
P.A. 91-497; effective 1-1-2000.

HB 1825 - Endangered Species
Incidental takings allow removal of some individual members of endangered species populations as long as the removal "results in no net harm to the population of the listed animal in Illinois." The language is similar to that contained in the Federal Endangered Species Act. IDNR will be required to put in writing all decisions and conclusions, to use best available scientific data, and to allow for public notification and comment. IDNR will also establish rules to administer the Act.
P.A. 91-556; effective 1-1-2000.

HB 2011 - Open Dumping
Amends the Environmental Protection Act to increase civil penalties for open dumping from $500 per offense to $1,500 for the first offense and $3,000 for subsequent offenses.
P.A. 91-82; effective 1-1-2000.

HB 2023 - Environmental Audits in Cook County Schools
Requires Phase 1 Environmental Audits to be conducted before construction of school buildings. If the Phase 1 Environmental Audit reveals the presence of a regulated substance, a Phase II Environmental Audit will be required. If a Phase II audit reveals problems, remedial action must be taken prior to beginning construction. Applies to Cook County only.
P.A. 91-442; effective 1-1-2000.

HB 2031 - Air Quality - Large Diesel Vehicles
In 1992 the Illinois Pollution Board established emission standards for large diesel vehicles. This bill establishes an enforcement program requiring owners/operators of diesel vehicles (large trucks and buses weighing more than 16,000 pounds, over two years old, and registered in non-attainment areas) to acquire a permit showing that their vehicle meets emission standards.
P.A. 91-254; effective 7-1-2000.

HB 2636 - Safeguards for Community Water Supplies
Extends the current safeguard requirements for public water supplies to all community water supplies. This bill is in response to recent concerns raised by U.S. EPA related to the growing number of unincorporated subdivisions that share community water supplies but are not required to show technical expertise in their operation.
P.A. 91-84; effective 7-9-99.

HB 2698 - Township Open Space
Expands the Township Open Space Article to include counties having a population of more than 150,000 (now 250,000) within the Article.
P.A. 91-641; effective 8-20-99.

SB 24 - Illinois Clean Energy Community
Amends the Utility Deregulation Bill and establishes the Illinois Clean Energy Community Trust. The Trust is authorized to provide support to public or private entities within the State that do: (1) programs and projects that benefit the public by improving energy efficiency, developing renewable energy resources, supporting other energy-related projects that improve the State's environmental quality; and (2) projects and programs to preserve or enhance the natural habitats and wildlife areas of the State. The trust was established at $250 million with $25 million dedicated to the Southern Illinois University for projects related to clean coal and an $25 million dedicated to fund other clean coal projects. In addition, $1 million annually for a minimum of seven years is dedicated to finance CUB (Citizens Utility Board) and $1 million annually is dedicated for salaries and administrative expenses for the office established for the Trust. A board of directors will determine distribution of funds and govern the Trust. The board will consist of one member representing the Governor's office, four individuals representing each of the legislative leaders, and one member representing ComEd.
P.A. 91-50; effective 6-30-99.

SB 496 - Landfills in Old Flood Plain
Amends the Environmental Protection Act setting forth requirements that must be met before any landfill located within a 100-year flood plain can expand. At the present time, this bill only affects one landfill--the Choteau Island landfill located along the Mississippi River near Granite City.
P.A. 91-588; effective 8-14-99.

SB 527 - Pesticides and Schools I
Requires schools to provide notification before application of any pesticide on school grounds. Notices must be posted at school entrances 48 hours before application. Written notices must be provided to parents and staff who register to be notified.
P.A. 91-99; effective 7-9-99.

SB 529 - Pesticides and Schools II
Provides for notification before application of any pesticide inside school buildings. It also requires schools to adopt integrated pest management practices. Provides that a school employee be designated to assume responsibility for oversight and record keeping. Also provides that employees may register to receive notification.
P.A. 91-525; effective 8-1-2000.

SB 1018 - EPA - Illinois First - Environmental Portion
Contains the enabling legislation for the environmental portion of the Governor's Illinois First Program. It creates the Brownfields Redevelopment Loan Program for the purpose of providing loans for site investigation and remediation. It expands the current Water Pollution Control Loan Program but eliminates the current limitation that loans be used only for local governments and only for public purposes. Expands the sources of money available for deposit into the Hazardous Waste Fund.
P.A. 91-36; effective 6-15-99.

SB 1087 - Illinois Open Land Trust Act
Creates the Illinois Open Land Trust Act allowing IDNR to acquire real property for conservation and recreation purposes. IDNR may only acquire property if the mechanisms used are voluntary on the part of the landowners and do not involve the use of eminent domain. Will appear at 525 ILCS 33/.
P.A. 91-220; effective 7-21-99.

SB 1088 - IEPA Rules for Nitrogen Oxide
Amends the Environmental Protection Act to allow the IEPA to propose rules to the Pollution Control Board addressing the implementation of a nitrogen oxide trading system. Includes findings of the USEPA concerning nitrogen oxide emissions.
P.A. 91-631; effective 8-19-99.

SB 1199 - Large-Scale Hog Farms
Compromise bill resulting from negotiations between various groups interested in large-scale livestock operations. It sets standards and regulations for facilities and helps protect the environment.
P.A. 91-110; effective 7-13-99.