SB2309 EngrossedLRB104 10958 LNS 21040 b SB2309 Engrossed LRB104 10958 LNS 21040 b SB2309 Engrossed LRB104 10958 LNS 21040 b 1 AN ACT concerning transportation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Rivers, Lakes, and Streams Act is amended 5 by changing Sections 26a and 35 as follows: 6 (615 ILCS 5/26a) (from Ch. 19, par. 74) 7 Sec. 26a. The Department of Natural Resources may issue 8 orders requiring all necessary remedial actions to correct 9 violations of this Act and impose the civil penalties provided 10 in this Section. All orders entered by the Department of 11 Natural Resources shall be made only upon giving reasonable 12 notice to persons to be affected by such orders; or having any 13 interest in the subject matter of such orders and after a 14 hearing in relation thereto. Any person who violates any 15 provision of this Act; any rule or regulation adopted by the 16 Department; any permit, term, or condition of this Act; or any 17 order of the Department under this Act, shall be liable for a 18 civil penalty of up to 2 times the applicable permit fee, but 19 not to exceed $5,000 for a violation. The penalty fee may, upon 20 order of the Department of Natural Resources or a court of 21 competent jurisdiction, be made payable to the Department and 22 deposited into the Water Resources State Boating Act Fund and 23 may be used for the purposes as authorized under Section 59.14 SB2309 Engrossed LRB104 10958 LNS 21040 b SB2309 Engrossed- 2 -LRB104 10958 LNS 21040 b SB2309 Engrossed - 2 - LRB104 10958 LNS 21040 b SB2309 Engrossed - 2 - LRB104 10958 LNS 21040 b 1 of the Environmental Protection Act. The moneys deposited into 2 the Water Resources Fund under this Section shall not be 3 subject to administrative charges or chargebacks unless 4 otherwise authorized by this Act for use by the Department for 5 ordinary and contingent expenses. 6 (Source: P.A. 99-73, eff. 1-1-16.) 7 (615 ILCS 5/35) 8 Sec. 35. Permit fees. The Department of Natural Resources 9 shall collect a fee of up to $5,000 per application for permits 10 issued under this Act. The Department of Natural Resources 11 shall set the specific fee applicable to different permits 12 issued under this Act by administrative rule, provided that no 13 fee exceeds $5,000. All fees collected pursuant to this 14 Section shall be deposited in the Water Resources Fund and may 15 be used for the purposes as authorized under Section 59.14 of 16 the Environmental Protection Act. State Boating Act Fund for 17 use by the Department of Natural Resources for the ordinary 18 and contingent expenses of the Department of Natural 19 Resources. No permit application shall be processed until the 20 application fee is paid to the Department of Natural 21 Resources. The monies deposited into the Water Resources State 22 Boating Act Fund under this Section shall not be subject to 23 administrative charges or chargebacks unless otherwise 24 authorized by this Act. 25 (Source: P.A. 97-1136, eff. 1-1-13.) SB2309 Engrossed - 2 - LRB104 10958 LNS 21040 b