SB 2401

Abstract

Creates the Wetlands Protection Act. Provides that no person may discharge dredged or fill material into a State jurisdictional wetland except with a permit issued by the Department of Natural Resources. Exempts certain activities from the requirements of the Act. Sets forth procedures for individual permit applications and other related procedural requirements. Provides that the Department shall not issue an individual permit unless the Environmental Protection Agency certifies to the Department that there will not be a violation of State water quality standards. Provides that the Department may issue an after-the-fact permit in certain emergency circumstances. Sets forth financial assurance requirements. Authorizes the Department to adopt general permits under the Act. Provides that any person who intends to conduct a regulated activity may do so in accordance with a general permit issued by the Department, which pre-authorizes a category of activities with minimal adverse effects. Provides procedures and requirements regarding preconstruction notifications. Provides that certain entities may establish and operate a mitigation bank or in lieu fee program. Describes procedures and requirements for mitigation banks. Grants the Department rulemaking powers. Provides that the Department shall prepare certain reports and studies. Provides for the review of final decisions of the Department. Provides for investigations by the Department and enforcement by a State's Attorney or the Attorney General. Provides for a civil penalty not to exceed $10,000 per day of violation, with interest after judgment, and with certain costs, fees, and expenses, payable to the Wetlands Protection Fund. Provides that any person may file a complaint with the Illinois Pollution Control Board concerning a violation of the Act, a rule adopted under the Act, a condition of a permit issued under the Act, or an order of the Pollution Control Board issued under the Act. Provides for county and special district stormwater program authorities to control or regulate activities in any wetlands within their jurisdiction. Establishes the Wetlands Protection Fund. Provides that a permit review fee for all permit applications is to be set by the Department by rule. Makes corresponding changes to the State Finance Act. Makes findings. Defines terms. Effective immediately.