reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.190 - Annual Cost-Sharing Participating Schedule

Current through Register Vol. 48, No. 28, July 12, 2024
a) The practices, policies, specifications,
				components eligible for cost-sharing, the maximum cost allowed for each
				component and the cost-share rate for each enduring practice, structure or
				device shall be established annually by the Department and published in a
				Cost-Sharing Participating Schedule. The State cost-sharing rate shall not
				exceed the cost-sharing rate allowed for each component. No cost-sharing funds
				shall be available for land which does not exceed "T" value. The annual maximum
				dollar limit for cost-sharing per person shall not exceed the maximum allowable
				amount as established in the Cost-Sharing Participating Schedule.
b) In determining the practices to be
				cost-shared and the rates and amounts to be set and published in the
				Cost-Sharing Participating Schedule, the Department shall consider the number
				of acres needing land treatment, type of treatment needed, the extent of a
				practices' adaptability in the state, funds available in the Department's
				budget as granted by the legislative process and signed by the Governor, cost
				of materials, labor, etc., the amount a practice reduces soil losses versus the
				cost of the practice, and other pertinent matters which may affect the
				establishment of the practices and their cost-share rates.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.200 - Cost-Sharing Funds Available from Other Sources

Current through Register Vol. 48, No. 28, July 12, 2024
Where the State is involved in cost-sharing on the balance of
				  the difference between the total eligible cost and amount of funds received
				  from another source, total cost-sharing from all sources shall not exceed
				  75%.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.210 - Transfer of Title of Land Which Has Received Cost-Sharing Funds

Current through Register Vol. 48, No. 28, July 12, 2024
If the title to land upon which an enduring erosion or
				  sediment control device, structure or practice has been applied and
				  cost-sharing funds paid is transferred to another individual during the period
				  of the minimum lifespan of the device, structure or practice, the new owner is
				  accountable to the Department for maintaining the structure, device or practice
				  for its minimum lifespan. It is the responsibility of the landowner who
				  contracted for the cost-sharing funds to inform the new owner of this
				  obligation. A contract for an enduring erosion or sediment control device,
				  structure or practice shall be recorded with the county
				  recorder.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.220 - Financing of District and Department for the Erosion and Sediment Control Program

Current through Register Vol. 48, No. 28, July 12, 2024
In accordance with Section 37 of the Act, the Department
				  shall request in its annual appropriation adequate funds to be used by the
				  districts for the purposes of implementing and administering the districts'
				  erosion and sediment control program and standards. The Department shall
				  request in its annual appropriation adequate funds for financing the
				  implementation and administration of the State's erosion and sediment control
				  program and standards as well as for assisting the districts in the
				  implementation of their program.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.230 - Criteria for Allocating and Distributing Funds to Districts

Current through Register Vol. 48, No. 28, July 12, 2024
In making allocations and distributing funds to the
				  participating districts, the Department shall take into consideration:
a) The needs of the district as shown by
				erosion problems present and the progress towards correcting erosion
				problems.
b) The accomplishments of
				the district over the past three years and proposed projects in the coming year
				for which a tentative commitment has been made, and
c) The number and type of complaints in the
				past year in that district and the number and type of pending
				complaints,
d) The degree to which
				the district adheres to their annual plan of work.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.240 - Portion of Allocated District Funds Held in Reserve

Current through Register Vol. 48, No. 28, July 12, 2024
A portion of the total amount of funds allocated to districts
				  shall be held in reserve by the Department to be allocated to districts on a
				  district-by-district basis as needed for projects recommended as a result of
				  complaints. After January 1 of each year, funds reserved for this purpose may
				  be expended for erosion and sediment control projects in accordance with the
				  district's programs.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.250 - District's Failure to Adopt Program and Standards

Current through Register Vol. 48, No. 28, July 12, 2024
If a district fails to adopt a soil erosion and sedimentation
				  control program and standards within two years after the adoption of the
				  State's program and standards, the Department shall proceed to develop the
				  district's program and standards for implementation by the district. In
				  developing the program, the Department shall consult with various local
				  interests in the district. The interests shall be representative of but need
				  not be limited to agriculture, business, commerce, local government, financing,
				  housing, industry and recreation. The Department shall give due notice in
				  accordance with Section 31 of the Act and conduct a public hearing in the
				  district for the purpose of receiving public comments before adopting any
				  program.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.260 - Rules Governing Conduct of Hearings Held by the Department

Current through Register Vol. 48, No. 28, July 12, 2024
The Administrative Procedure Act (Ill. Rev. Stat. 1991, ch.
				  127, par. 1001-1 et seq.) and the rules governing formal administrative
				  hearings and rulemaking (8 Ill. Adm. Code Part 1) as promulgated by the
				  Department under the authority of the Administrative Procedures Act shall
				  govern the public hearing conducted by the Department and any rulemaking by the
				  Department. The same procedure as established for adopting a district's program
				  and standards shall be followed when amending or repealing a district's program
				  and standards.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.270 - Procedure for Submitting Districts' Programs and Standards

Current through Register Vol. 48, No. 28, July 12, 2024
"Upon the request of a district, the Department shall assist
				  in the preparation of the district's program and standards. Upon its adoption,
				  the district shall submit its program and standards to the Department for
				  review and approval."* The district's program and standards shall be submitted
				  to the Division of Natural Resources, Department of Agriculture, State
				  Fairgrounds, Springfield, Illinois 62706, for review and approval by the
				  Department. The Department shall approve the district's program and standards
				  provided they are consistent with the State's program and standards.
* Quoted from the Soil and Water Conservation Districts Act,
				  Illinois Revised Statutes, Chapter 5, Section 38.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.280 - Information to be Included in the District's Erosion and Sediment Control Program

Current through Register Vol. 48, No. 28, July 12, 2024
The following information shall be included in a district's
				  erosion and sediment control program:
a) Physical and developmental information
				concerning the watersheds and drainage basins in the district.
b) Data relating to land use, soils,
				hydrology, geology, size of land area being disturbed, water bodies and their
				characteristics.
c) The maximum
				soil loss standards: When developing the standards the district shall consider
				economical, practical and socially acceptable levels regarding soil loss. The
				standards for various soil types or land uses shall not be less stringent than
				the State guidelines for various soil types.
d) Recommended erosion and sediment control
				management practices which are suitable for controlling erosion within the
				district.
e) "Provide for the
				sharing by the district of part of the cost of enduring erosion and sediment
				control devices, structures and practices and shall specify the cost-sharing
				rates which shall apply to various types of enduring erosion and sediment
				control devices, structures and practices in that district."*
f) Information on how interested persons may
				obtain information or make submissions on the district program, standards and
				activities.
* Quoted from the Soil and Water Conservation Districts Act,
				  Illinois Revised Statutes, Chapter 5, Section 39.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.290 - Surveys and Soil Maps

Current through Register Vol. 48, No. 28, July 12, 2024
Surveys of land and waters (topographical and soil maps and
				  other such documents relating to water quality, etc.) as the district considers
				  appropriate in order to identify areas with erosion and sediment problems shall
				  be kept on file in the district's principal office for as long as needed to
				  support the district's program and standards and shall be available upon
				  request for public inspection or for Department review, but need not be
				  incorporated in the district's program.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.300 - Procedure for Submitting Adopted Amendments or Repeal of District's Program to the Department

Current through Register Vol. 48, No. 28, July 12, 2024
Upon the adoption of any amendment or repeal of all or a
				  portion of an existing program, the district board shall submit to the Division
				  of Natural Resources, Department of Agriculture, State Fairgrounds,
				  Springfield, Illinois 62706, the changes requested for review and approval. The
				  Department shall approve the requested changes provided they are consistent
				  with the State's program and standards, and contain the information necessary
				  for the Department to properly review the requested changes. In the case of an
				  amendment or repeal of all or a portion of an existing program, the
				  justification supporting the change shall accompany the requested change. The
				  same procedure for amending or repealing all or a portion of an existing
				  program shall be used as for adopting the program.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.310 - Reporting Progress of Applied Conservation Measures to the Department

Current through Register Vol. 48, No. 28, July 12, 2024
Accurate accountings of applied conservation measures will be
				  recorded by the district for the purpose of measuring the progress being made
				  in applying erosion and sediment control to the land. Progress shall be
				  reported annually to the Department of Agriculture, Division of Natural
				  Resources, State Fairgrounds, Springfield, Illinois 62706 in conjunction with a
				  district's fiscal year budget. A reporting form will be provided by the
				  Division of Natural Resources. The following information shall be
				  reported.
a) Number of operating
				units,
b) Number of municipalities
				in the district,
c) Number of
				municipal officials contacted,
d)
				Number of cooperators and acres participating in the program,
e) Number of individual agricultural-related
				contacts,
f) Number of group
				meetings, tours and approximate attendance,
g) Number of news releases and other
				informational bulletins issued,
h)
				Number of 22.02 a natural resource inventories prepared pursuant to Ill. Rev.
				Stat. 1979, ch. 5, par. 127.2 a
i)
				Number of acres of land benefitted by application of conservation
				practices,
j) Number of acres of
				land adequately protected or treated,
k) Number of acres of land inadequately
				protected or treated, and
l) Number
				of contacts made in high priority areas as designated by the annual plan of
				work.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.320 - Who May File a Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
Any person or group of persons may file a complaint on forms
				  provided by the district or Department if it is believed a serious erosion and
				  sediment problem exists. The district or Department may, on its own initiative,
				  file a complaint when it believes a serious erosion and sediment problem
				  exists.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.330 - Where to File Complaints

Current through Register Vol. 48, No. 28, July 12, 2024
If the land where the alleged violation occurs is not within
				  the boundaries of a district or is within the boundaries of more than one
				  district, the complaint shall be filed with the Department of Agriculture,
				  Division of Natural Resources, State Fairgrounds, Springfield, Illinois 62706.
				  If the land where the alleged violation occurs lies within the boundaries of a
				  Soil and Water Conservation District, the complaint shall be filed with that
				  district on forms provided by the district. The Division of Natural Resources
				  can provide information to the person wishing to file a complaint as to where
				  the complaint should be filed.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.340 - Complaint Form

Current through Register Vol. 48, No. 28, July 12, 2024
The complaint form shall be designed to obtain the following
				  information and shall be made available for public inspection in the manner
				  prescribed by the rules of the Department (8 Ill. Adm. Code Section
				  1.505
				  ):
a) The name and address of the
				person or persons filing the complaint.
b) Date the alleged violation was
				observed.
c) Location by legal
				description or metes and bounds of the land being damaged by
				sediment.
d) Description of the
				nature and extent of damage being done.
e) The names and address of landowners and
				occupiers, if known, and the location by legal description or by metes and
				bounds of land believed to be the source of excessive sediment.
f) Signature of person or persons filing the
				complaint and the date filed.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.350 - Investigation of Complaint

Current through Register Vol. 48, No. 28, July 12, 2024
Upon receipt of a properly filed complaint, a representative
				  of the Department or district whichever has jurisdiction, shall notify the
				  landowner and occupier that a complaint has been filed and that an
				  investigation to determine if there is a violation of the State's program and
				  standards will be initiated. The investigation shall take place within 45 days
				  of the date the complaint was filed. A soils technician shall conduct the
				  investigation in accordance with the procedure established by the Department.
				  The owners and occupiers of the land upon which a complaint has been filed and
				  the person who filed the complaint shall be notified in writing of the results
				  of the investigation.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.360 - Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				the investigation reveals a violation of the State's program and standards does
				exist, a Notice of Violation shall be given to the owner and occupier of the
				land in violation.
b) The Notice of
				Violation shall include the following information:
1) The date on which the Notice of Violation
				is given.
2) Identity of the source
				of the violation and its location.
3) The authority by which the Department is
				empowered to serve such notice.
4)
				Explanation of who conducted the investigation and the standards which were
				used to determine excessive soil erosion and sedimentation.
5) Suggested modifications, practices,
				procedures, terms and conditions which will enable the person with erosion
				problems to comply with the State's program and standards, as well as
				information on cost-share plans and a statement indicating if cost-share money
				is available.
6) The deadline for
				compliance and the subsequent action if the violator does not comply.
7) Signature of the Director of the
				Department of Agriculture.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.370 - Service of the Notice of Violation

Current through Register Vol. 48, No. 28, July 12, 2024
A Notice of Violation shall be served to the owner and
				  occupier by registered mail. The receipt verifying the owner and occupier
				  received the Notice of Violation shall be kept on file in the Department for
				  five (5) years as proof that the violator received the official Notice of
				  Violation. A schedule for compliance shall be sought by the Department as soon
				  as is reasonably possible after the decision has been made finding a person in
				  violation of the State's program and standards.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.380 - Notice of Non-Compliance and Time Limits

Current through Register Vol. 48, No. 28, July 12, 2024
a) A person found to be in violation of the
				State's soil erosion and sediment control program and standards shall have one
				year from the day the Notice of Violation is served to enter into a schedule
				for compliance. If after 11 months the violator has not entered into a schedule
				for compliance, a letter shall be sent by registered mail reminding the
				violator that only one month remains for executing a schedule for compliance
				before a formal hearing will be held. The letter shall include such information
				and shall suggest such modifications, practices, procedures, terms and
				conditions which will enable the person to comply with the State's program and
				standards.
b) If a schedule for
				compliance has not been executed within one year of the date of being served a
				Notice of Violation or if the provisions of the schedule for compliance have
				not been complied with, the Department shall hold a formal hearing to determine
				the reasons for non-compliance. Notice shall be given by registered mail to the
				violator of the date, time, and place of the formal hearing to determine
				reasons for non-compliance to the State's program and standards or for the
				reasons why the schedule for compliance provisions have not been met.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 650 - SOIL AND WATER CONSERVATION DISTRICTS ACT › Subpart A - STATE SOIL EROSION AND SEDIMENT CONTROL PROGRAM AND GUIDELINES AND ESTABLISHING DISTRICT PROGRAMS AND STANDARDS › Section 650.390 - Formal Hearing for Non-Compliance

Current through Register Vol. 48, No. 28, July 12, 2024
A formal hearing to determine the reasons for non-compliance
				  with the State's program and standards, for non-compliance to district's
				  program and standards or for non-compliance to a schedule for compliance
				  conducted by the Department shall be governed by the Administrative Procedure
				  Act (Ill. Rev. Stat. 1991, ch. 127, par. 1001-1 et seq.) and the rules
				  regarding formal administrative hearings (8 Ill. Adm. Code Part 1) as
				  promulgated by the Department under the authority of that Act. The Department
				  shall publish and make available the findings of the formal
				  hearing.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart A - NOTIFICATION TO DISTRICT OF INCOMING SUBSTANTIAL USERS OF GROUNDWATER › Section 675.30 - Notification to Units of Local Government

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt of notification of a planned
				high capacity well, the District shall provide written notification to local
				units of government with a public water supply well located within one mile of
				the proposed high capacity well. A list of local units of government with
				public water supply wells in a county shall be supplied to each District by the
				Illinois State Water Survey.
b) A
				written notification to the local unit of government with a public water supply
				well located within one mile of a proposed high capacity well shall be made to
				the chief executive officer of the local unit of government. The notification
				shall be mailed within five (5) working days of having received written
				notification of the proposed high capacity well by the land occupier or owner.
				The letter of notification to the local unit of government shall contain the
				following information:
1) The statutory
				authority under which the notification is being made;
2) The name and address of the soil and water
				conservation district making the notification;
3) The distance the proposed high capacity
				well is from the well or wells of the local unit of government;
4) Planned use of the proposed high capacity
				well;
5) The steps the District
				shall take to review the possible impacts of the planned groundwater
				withdrawal; and
6) A statement that
				the findings of such review will be sent to the local unit of
				government.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart A - NOTIFICATION TO DISTRICT OF INCOMING SUBSTANTIAL USERS OF GROUNDWATER › Section 675.40 - Review of Water Withdrawal Impacts on Other Users of Groundwater

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a District
				receives written notification by a land occupier or person that a high capacity
				well is planned, it shall within five (5) working days request the assistance
				of the Illinois State Water Survey and the Illinois State Geological Survey in
				reviewing the proposed withdrawal's effect upon other users of water. The
				review of the proposed withdrawal's effect shall consist of an examination of
				the information submitted to the District under Section
				675.20
				and may also include a study of geological data, groundwater aquifer maps, test
				well data, and the relationship to the location of the proposed well, if such
				information is available.
b) The
				request for the assistance of the Illinois State Water Survey and the Illinois
				State Geological Survey shall be in writing and shall include a copy of the
				notification information collected by the District from the land occupier or
				person proposing the high capacity well.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart A - NOTIFICATION TO DISTRICT OF INCOMING SUBSTANTIAL USERS OF GROUNDWATER › Section 675.50 - Making Public the Review Findings

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon the completion of a review of the
				proposed withdrawal's impacts on other users of water by the District, the
				Illinois State Water Survey, and the Illinois State Geological Survey, the
				findings of the review shall be made public in an informational
				announcement.
b) The District shall
				publish an informational announcement in any newspaper with a circulation
				covering an area of at least twenty-five miles in radius from the proposed
				point of withdrawal within ten (10) days following the completion of the
				review.
c) The informational
				announcement shall include the following:
1)
				The statutory authority under which the informational announcement is
				published;
2) The name of the soil
				and water conservation district;
3)
				The purpose of the announcement;
4)
				The location of the proposed high capacity well, including county, township,
				range, and section; and
5) The
				location and hours during which the report containing the review findings may
				be examined.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart B - GROUNDWATER WITHDRAWAL IN KANKAKEE, IROQUOIS, TAZEWELL, AND MCLEAN COUNTY SOIL AND WATER CONSERVATION DISTRICTS › Section 675.60 - Applicability of Provisions in Subpart B

Current through Register Vol. 48, No. 28, July 12, 2024
The provisions of Subpart B of these rules apply solely to
				  the Kankakee, Iroquois, Tazewell, and McLean County Soil and Water Conservation
				  Districts.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart B - GROUNDWATER WITHDRAWAL IN KANKAKEE, IROQUOIS, TAZEWELL, AND MCLEAN COUNTY SOIL AND WATER CONSERVATION DISTRICTS › Section 675.70 - Registration of Existing High Capacity Wells

Current through Register Vol. 48, No. 28, July 12, 2024
a) A land occupier or person with an existing
				high capacity well shall register that well with the District in which it is
				located. A land occupier or person who is planning to develop a new high
				capacity well shall register that well in accordance with Subpart A of this
				Part.
b) To register a high
				capacity well, the following information shall be submitted in writing to the
				District:
1) Name, address, and phone number
				of the high capacity well owner;
2)
				Date of registration;
3) Legal
				description of the well location, including county, township, range, and
				section (quarter/quarter);
4)
				General location description (e.g., nearby buildings or landmarks);
5) Well identification (i.e., name or number
				if assigned);
6) Well depth in
				feet;
7) Well casing diameter
				(inches), depth to bottom (feet), weight and thickness;
8) Well screen length (in feet), diameter
				(inches), and depth to bottom (in feet);
9) Well pump type, gallons per minute
				capacity, head rating, horse power, and power source;
10) Type of aquifer utilized (e.g.,
				consolidated, unconsolidated, water table, or artesian);
11) Present static water level, date and time
				of measurement;
12) Maximum daily
				withdrawal and total annual withdrawal;
13) Use of well:
A) If for agricultural use, the number of
				people and farm animals served. If used for irrigation, the total acres, crop
				rotation, acres to be irrigated, type of irrigation equipment, travel speed,
				maximum capacity in gallons per minute, and total number of additional wells in
				use;
B) If for domestic use, the
				number of people served and total number of additional wells in use;
C) If for municipal or non-community (e.g.,
				seasonal resorts) use, the total population, average daily withdrawal, and
				total number of additional wells in use; or
D) If for industrial use, purpose for which
				water is used average daily withdrawal, and total number of additional wells in
				use.
14) Name, address,
				and phone number of drilling contractor.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart B - GROUNDWATER WITHDRAWAL IN KANKAKEE, IROQUOIS, TAZEWELL, AND MCLEAN COUNTY SOIL AND WATER CONSERVATION DISTRICTS › Section 675.100 - Recommending Groundwater Withdrawal Restrictions to the Department of Agriculture

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Based upon information derived from the investigation, the District may
				recommend to the Department that the Department restrict the quantity of water
				that one or more land occupiers or persons within the District's boundaries may
				extract. If the District concludes that a groundwater withdrawal restriction on
				one or more high capacity wells within the District is necessary to preserve a
				water supply for reasonable use (see Section 4(g) of the Act and Section
				675.10
				of these rules) for any person in the District, the District may recommend to
				the Department of Agriculture that groundwater restrictions be place on any
				high capacity well.
b) The
				recommendation to the Department of Agriculture shall be in writing and shall
				include the following attachments:
1) A copy
				of the complaint filed with the District by the land occupier or person whose
				well is affected; and
2) A copy of
				the investigation report prepared by the District.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart B - GROUNDWATER WITHDRAWAL IN KANKAKEE, IROQUOIS, TAZEWELL, AND MCLEAN COUNTY SOIL AND WATER CONSERVATION DISTRICTS › Section 675.110 - Restricting Groundwater Withdrawal

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon receipt from a District of a written
				recommendation for restricting groundwater withdrawal, the Department shall
				initiate a review of the District's recommendation within three (3) working
				days of receiving the recommendation to determine concurrence or nonconcurrence
				with the District's recommendations.
b) The Department of Agriculture's review
				shall consist of the following:
1) All facts
				and data concerning the groundwater hydrology and geology of the area that were
				collected by the District;
2) The
				validity of the complaint (see Section
				675.90(c)
				), conclusion and recommendations made by the District;
3) An examination of the plan of action
				recommended by the District;
4) The
				reasonable use (see Section 4(g) of the Act and Section
				675.10
				) water needs of users within the affected area to the extent such use can be
				determined; and
5) The availability
				of supplemental water supplies, including the opportunity for groundwater
				recharge or a delivered water supply.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart B - GROUNDWATER WITHDRAWAL IN KANKAKEE, IROQUOIS, TAZEWELL, AND MCLEAN COUNTY SOIL AND WATER CONSERVATION DISTRICTS › Section 675.120 - Nonconcurrence with the Director's Recommendation

Current through Register Vol. 48, No. 28, July 12, 2024
If the Department of Agriculture does not concur with the
				  District's recommendation for restricting groundwater withdrawals, the District
				  shall be notified in writing of the reason or reasons why the recommendation
				  cannot be affirmed. In addition, the Department shall send written notification
				  to each land occupier or person whose high capacity well(s) is affected by the
				  recommendation, and to the land occupier or person who filed the complaint, to
				  inform them of the Department of Agriculture's reasons for nonconcurrence. The
				  Department may modify its recommendation and resubmit it to the Department as a
				  new complaint.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart B - GROUNDWATER WITHDRAWAL IN KANKAKEE, IROQUOIS, TAZEWELL, AND MCLEAN COUNTY SOIL AND WATER CONSERVATION DISTRICTS › Section 675.130 - Request for an Administrative Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the District, a land occupier or person
				whose high capacity well is affected, or a land occupier or persons filing the
				complaint disagree with the decision of the Department of Agriculture, a
				hearing may be requested concerning the decision. The request shall be made to
				the Department in writing.
b) The
				Illinois Administrative Procedure Act (Ill. Rev. Stat. 1991, ch. 127, par.
				1001-1 et seq.) and the rules governing formal administrative hearings (8 Ill.
				Adm. Code 1) shall govern the hearing conducted by the Department of
				Agriculture.
c) Final decisions of
				the Department of Agriculture may be appealed in accordance with the
				Administrative Review Law (Ill. Rev. Stat. 1985, ch. 110, par 3-101 et
				seq.).
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 675 - GROUNDWATER USE GUIDELINES › Subpart B - GROUNDWATER WITHDRAWAL IN KANKAKEE, IROQUOIS, TAZEWELL, AND MCLEAN COUNTY SOIL AND WATER CONSERVATION DISTRICTS › Section 675.140 - Penalties for Noncompliance

Current through Register Vol. 48, No. 28, July 12, 2024
Penalties for noncompliance with the Act shall be as set
				  forth in Section 7 of the Act.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Section 700.20 - Requirements of Policy Statements and Cooperative Working Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
a) The policy of
			 each agency toward farmland preservation and the working agreements shall be as
			 stated in 8 Ill. Adm. Code 700.APPENDICES A-J.
b) Policy statements shall contain the
			 following information:
1) An explanation of
			 the agency's responsibilities and a description of the various regulations,
			 programs, procedures and operations employed by the agency to fulfill its
			 mandate.
2) An analysis of how the
			 agency's responsibilities and undertakings might result in farmland
			 conversion.
3) Measures that can be
			 implemented by the agency to avoid or mitigate farmland conversion.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Section 700.30 - Review of Agency Project Proposals

Current through Register Vol. 48, No. 28, July 12, 2024
The DOA shall review State-funded capital project proposals to
				determine whether they possess the potential to convert farmland to a
				nonagricultural use. The procedure described in 8 Ill. Adm. Code 700.APPENDIX
				A: EXHIBIT A, the Illinois Department of Agriculture's Agricultural Land
				Preservation Policy Statement, shall be followed to review project
				proposals.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Section 700.40 - Report: The Tracking of Farmland Converted by State Activities

Current through Register Vol. 48, No. 28, July 12, 2024
a) Based upon
			 information provided by the agencies, the DOA shall prepare an annual report
			 identifying the number of acres converted from agricultural to nonagricultural
			 use as a result of State action.
b)
			 Each agency shall submit the following information to the DOA in the described
			 format:
1) Agency name;
2) Period of time covered by the report;
			 and
3) The report shall be divided
			 into two parts:
A) Except as provided by the
			 agency's working agreement, Part One shall contain:
i) The number of acres converted by an
			 agency's acquisition of land in fee simple and by permanent easements;
			 and
ii) The land use of acreage at
			 the time of acquisition. The land use shall be identified using the definitions
			 contained in 8 Ill. Adm. Code 700.APPENDIX A: EXHIBIT D.
B) Except as provided by the agency's working
			 agreements, Part Two shall contain:
i) The
			 number of acres converted by an agency's activities when acting as
			 administrator, grantor, technical reviewer or regulator. To illustrate, should
			 the Illinois Environmental Protection Agency provide a grant for the
			 construction of a wastewater treatment plant and the project required
			 acquisition of fifteen acres of farmland, the acreage shall be recorded as
			 converted.
ii) The land use of
			 acreage at the time of acquisition. The land use shall be identified using the
			 definitions contained in 8 Ill. Adm. Code 700.APPENDIX A: EXHIBIT D.
C) A general map of Illinois shall
			 be provided as part of the report showing land converted in both categories and
			 data shall be summarized by county and depicted on the map for each category
			 identified in 8 Ill. Adm. Code
			 700.40(b)(3)(A)(i)
			 and
			 700.40(b)(3)(B)(i).
D) An agency may provide an explanation or
			 discussion of the data submitted, and such information shall be included in the
			 report.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix A - Illinois Department of Agriculture › Exhibit A - Illinois Department of Agriculture's Agricultural Land Preservation Policy Statement

Current through Register Vol. 48, No. 28, July 12, 2024
Policy Statement
The Illinois Department of Agriculture (DOA) recognizes the
				  importance of the agricultural industry to the health of the state's economy.
				  The agricultural industry cannot continue to contribute to the state's economic
				  well-being with the unwarranted destruction of its finite land base. Therefore,
				  it shall be the policy of the DOA to promote the protection of Illinois
				  farmland from unnecessary conversion and degradation. The methods to be
				  utilized in implementing the policy are described in 8 Ill. Reg. 700.APPENDIX
				  A: EXHIBIT B. Except for the DuQuoin State Fairgrounds, the DOA does not have
				  any programs or activities that acquire or convert agricultural land.
DOA Efforts to Protect Illinois
				  Farmland
The DOA has been designated as the lead agency in carrying
				  out the state's farmland protection program. In fulfilling that role, the DOA
				  shall institute the following efforts:
1. The DOA shall sign cooperative working
				agreements with the agencies named in Section 3 of the Act to identify which
				agency projects shall be subject to review to assess impact on agricultural
				land and to specify how the mechanics of the project review shall take
				place.
2. The DOA shall continue to
				implement the Project Review Process (see 8 Ill. Adm. Code 700.APPENDIX A:
				EXHIBIT B).
3. When a conflict
				exists between the DOA and an agency on avoiding or reducing the conversion of
				agricultural land to nonagricultural use and/or secondary impacts, the DOA
				shall utilize the steps outlined in the conflict resolution process (see 8 Ill.
				Adm. Code 700.APPENDIX A: EXHIBIT C).
4. Since the majority of the decisions which
				lead to the conversion of farmland are made at the local level, the DOA shall
				be continue to execute an assistance program for local governments wishing to
				devise farmland protection programs.
5. The DOA shall continue its public
				information program to increase awareness of the problems resulting from the
				conversion of farmland. The program shall include utilizing the news media,
				regional seminars, speaking engagements to organizations and educational
				institutions, preparation of pamphlets, brochures and other written material,
				and other informational activities.
(July, 1987, revised)
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix A - Illinois Department of Agriculture › Exhibit C - Conflict Resolution Process

Current through Register Vol. 48, No. 28, July 12, 2024
When a project is not in compliance with a policy statement
				  and/or working agreement and a compromise cannot be reached, or an agreement
				  cannot be reached on the contents of a policy statement or working agreement
				  when updating these documents, conflicts shall be resolved quickly at the
				  lowest level of agency involvement. Toward this aim, the following four-stage,
				  standard procedure shall be followed. The process is initiated at the staff
				  level and, if the conflict cannot be resolved, moves up the ladder of
				  responsibility ending in the Governor's office. At each stage, personnel from
				  one agency shall work with his/her counterpart in the other agency. A time
				  frame has been built into the system to keep the process moving in an
				  expeditious manner.
STAGE I (21 days):
(A) When a conflict arises, the professional
				staffs of the agencies involved in the conflict shall meet and attempt to
				resolve the disagreement (Part A - 14 days).
(B) If the matter is not resolved after 14
				days, the DOA Bureau Chief shall meet with his/her counterpart in the other
				agency (Part B - 7 days).
STAGE II (14 days): If no resolution is reached,
				  representatives at the next management level (equivalent to DOA's Division
				  head) shall meet to discuss the conflict.
STAGE III (14 days): If the conflict remains unresolved, the
				  matter shall be submitted to the Directors of the agencies involved.
STAGE IV (14 days): If a satisfactory solution cannot be
				  found, the conflict shall be referred to the Office of the Governor for
				  resolution.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix C - Capital Development Board › Exhibit B - CDB Agricultural Land Conversion Mitigation Measures

Current through Register Vol. 48, No. 28, July 12, 2024
1. The site is
				subject to review and CDB will notify the Illinois Department of Agriculture
				(DOA) of proposed sites involving possible farmland conversion if:
a) the proposed site is greater than ten (10)
				acres in size, and
b) the proposed
				site is located outside the corporate boundaries of a municipality.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix C - Capital Development Board › Exhibit C - Capital Development Board - Illinois Department of Agriculture Cooperative Working Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
The Capital Development Board (CDB) and the Illinois
				  Department of Agriculture (DOA) agree to the following in regard to the
				  implementation of the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5,
				  par. 1301 et seq.):
1. The CDB will
				provide official notification to the DOA for user agency land acquisition
				budget proposals or those projects solely administered by the CDB if:
a) the proposed site is greater than ten (10)
				acres in size, and
b) the proposed
				site is located outside the corporate boundaries of a municipality.
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix C - Capital Development Board › Table A - CDB User Agency Designation in Relation to Land Acquisition

Current through Register Vol. 48, No. 28, July 12, 2024
GROUP
USER
1
Local School Districts (Capital Assistance
							 Program)
Area Vocational Districts (Vocational-Educational
							 Centers)
Community College Districts (Community
							 Colleges)
2
Higher Education Institutions (State Colleges and
							 Universities)
3
Code Agencies
Elected Officials
4
Port Districts
Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 700 - FARMLAND PRESERVATION ACT › Appendix C - Capital Development Board › Table B - Capital Project Development Process

Current through Register Vol. 48, No. 28, July 12, 2024
PROJECT DEVELOPMENT
1. User agency identifies a need for a new
				facility.
Land Acquisition Activity
Local school district, area vocational district,
				  or community college acquires site if not already owned by district.
Other users may select and acquire site or defer
				  action to later stages of budget development.
2. Project program statement prepared by user
				and/or Board Programming Section. A program statement is the description of the
				architectural and engineering requirements for the activities of agency units
				which will occupy a buildings. Also included is the identification of a site or
				the need for acquisition of a site for the proposed project.
3. Capital budget request prepared by user
				agency (for CDB and BOB).
4. Board
				Programming Section in conjunction with Technical Services Section reviews user
				request for adequacy of program statement, dollars, and long-range need.
Land Acquisition Activity
The CDB would provide land acquisition assistance
				  to higher education institutions, code agencies, elected officials, if site not
				  already acquired. Such assistance may include:
a) Programming Section reviews proposed site
				in relation to program statement.
b) Technical Services Section conducts
				technical evaluation of site in relation to such criteria as utilities, access,
				subsidence, soil capability and results of DOA's Study of Agricultural
				Impacts.
c) Land Acquisition Unit
				obtains and reviews appraisals and Attorney General's opinion on the
				property.