reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 460 - DIESEL EMISSION INSPECTION PROGRAM › Subpart D - LEVEL OF RATES AND CHARGES › Section 460.410 - Rate Change Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				rates established by the Department in Section
				460.400
				are deemed to be filed by the Station with the Department, and may be changed
				upon application of the Owner of a Station or complaint of any person. An
				application for a change of rate will be approved or disapproved within five
				business days by the Commercial Vehicle Safety Section, and the Owner will be
				notified in writing within 10 days after the application. If an application for
				a rate is approved, the rate shall become effective upon posting at the Station
				by the Commercial Vehicle Safety Section. If an application for a proposed rate
				is disapproved by the Department, an applicant may appeal the disapproval to
				the Director under 92 Ill. Adm. Code
				454.260. The procedure in
				Part 454 will be used to determine if a disapproved rate or a rate contested by
				any person is just and reasonable. For purposes of this procedure, any
				reference to "rate" or "charge" in Part 454 is deemed to refer to a "rate" or
				"charge" for a diesel emission test at a Station in an affected area. As the
				Department has determined a just and reasonable initial rate in Section
				460.400, the procedure in 92 Ill. Adm. Code
				454.210
				for initial rates will not be followed.
b) The following criteria will be used to
				evaluate rates to determine if a rate is just and reasonable:
1) The Official Testing Station's labor (or
				shop) rate in comparison to those in the community of the Station;
2) Its journeyman mechanic's hourly wages in
				comparison to those in the community of the Station; and
3) CDET hourly rates at the Station in
				comparison to those in the community of the Station.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 460 - DIESEL EMISSION INSPECTION PROGRAM › Subpart E - WARNING NOTICES, OUT-OF-SERVICE ORDER AND ENFORCEMENT › Section 460.500 - Diesel Emission Inspection 30-Day Warning Notice

Current through Register Vol. 48, No. 28, July 12, 2024
a) If an annual diesel emission inspection
				reveals that a vehicle is not in compliance with this Part, the Owner of the
				Station or the CDET shall issue a warning notice requiring correction of the
				violation. [625
				ILCS 5/13-109.1] The warning notice shall be in the
				form of a Diesel Emission Inspection 30-Day Warning Notice, as defined in
				Section
				460.110.
b) Corrections shall be made and the vehicle
				submitted to an emission reinspection at the same Station that previously
				issued the warning notice within 30 days from the issuance of the warning
				notice requiring correction of the violation. [625
				ILCS 5/13-109.1]
c) Examples of basic corrections that will
				improve diesel emission smoke include, but are not limited to, the following:
1) Replace air filter element, if
				needed;
2) Check and adjust
				emission control equipment;
3)
				Check oil level and ensure correct type recommended for your engine;
4) Tune up, adjust timing, set valve
				clearance, rack travel, etc.;
5)
				Ensure correct operation of cooling system;
6) Repair restricted/dented exhaust system;
				and/or
7) Ensure good grade of
				fuel.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 460 - DIESEL EMISSION INSPECTION PROGRAM › Subpart E - WARNING NOTICES, OUT-OF-SERVICE ORDER AND ENFORCEMENT › Section 460.510 - Diesel Emission Inspection Out-of-Service Order

Current through Register Vol. 48, No. 28, July 12, 2024
a) If a vehicle has not passed a diesel
				emission reinspection within 30 days from the receipt of a 30-Day Warning
				Notice or has not obtained a waiver as prescribed in Section
				460.600, the
				Department shall issue an Out-of-Service Order via certified mail to the
				person(s) or company owning or operating the vehicle in violation of this
				Part.
b) The Out-of-Service Order
				contains information identifying the owner/operator of the vehicle, information
				identifying the specific vehicle being placed out-of-service, the reason for
				the Order, the punishable fine of $1,000 for operating a vehicle that has been
				declared out-of-service, and a requirement that the vehicle pass a diesel
				emission reinspection before it may be returned to service.
c) The vehicle will remain out-of-service
				until the vehicle passes a diesel emission reinspection or the vehicle's
				owner/operator obtains a waiver as prescribed in Section 460.600.
d) The Department, without further notice to
				the owner/operator of a vehicle placed out-of-service, will also notify the
				Illinois Secretary of State, within three business days after receiving notice
				that a vehicle has been placed out-of-service, in writing or by electronic
				communication, that the vehicle is not in compliance with the provisions of
				Section 13-109.1 of the Illinois Vehicle Code. The Illinois Secretary of State
				may then suspend or revoke the registration of that vehicle [625
				ILCS 5/3-704(b) ] (see P.A. 92-0437,
				effective August 17, 2001) until such time as it is notified by the Department
				that the vehicle has either passed a diesel emission inspection or reinspection
				or has obtained a waiver as prescribed in Section 460.600. The Department will
				notify the Secretary of State within three business days after being notified
				that the vehicle passed or was waived by an Official Testing Station.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 460 - DIESEL EMISSION INSPECTION PROGRAM › Subpart E - WARNING NOTICES, OUT-OF-SERVICE ORDER AND ENFORCEMENT › Section 460.520 - Diesel Emission Inspection Enforcement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Operating a vehicle in violation of an
				Out-of-Service Order is a petty offense punishable by a $1,000 fine.
b) No emergency vehicle may be placed
				out-of-service.
c) The Secretary of
				State, Department of State Police and other law enforcement officers shall
				enforce this Section. [625
				ILCS 5/13-109.1] Within 10 business days after the
				Department has been notified by the Department of State Police that a
				nonscheduled inspection conducted by a State Police officer has revealed that a
				vehicle is not in compliance with diesel emission standards set forth in
				Section
				460.140, the Department
				will issue a Noncomplying Vehicle Notice, as prescribed in subsection (d) of
				this Section, to the owner/operator of the noncomplying vehicle, that the
				vehicle must obtain and pass a diesel emission inspection conducted at an
				Official Testing Station or obtain a waiver as prescribed in Section
				460.600.
d) The Noncomplying Vehicle Notice shall be
				served by regular U.S. mail to the owner/operator at his/her address obtained
				by the State Police, and contain information identifying the owner/operator of
				the noncomplying vehicle, the reason for the Noncomplying Vehicle Notice, and a
				warning substantially in the form of subsection (e) of this Section.
e) If the noncomplying vehicle has not been
				inspected at an Official Testing Station within 30 days after service of the
				Noncomplying Vehicle Notice, the Department will, within three business days
				after the end of that period, notify the Illinois Secretary of State, in
				writing or by electronic communication, that the noncomplying vehicle is not in
				compliance with the provisions of Section 13-109.1 of the Illinois Vehicle
				Code. The Illinois Secretary of State may then suspend or revoke the
				registration of the noncomplying vehicle [625
				ILCS 5/3-704(b) ] (see P.A. 92-0437,
				effective August 17, 2001) until such time as it is notified by the Department
				that the vehicle has either passed a diesel emission inspection or reinspection
				or has obtained a waiver as prescribed in Section 460.600. The Department will
				notify the Secretary of State within three business days after being notified
				that the vehicle passed a diesel emission inspection conducted at an Official
				Testing Station or obtained a waiver as prescribed in Section
				460.600.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 460 - DIESEL EMISSION INSPECTION PROGRAM › Subpart F - WAIVER REQUIREMENTS, GRIEVANCE AND REPLACEMENT PROCEDURES › Section 460.600 - Diesel Emission Inspection Waiver Requirements for Failing Inspection and Reinspection

Current through Register Vol. 48, No. 28, July 12, 2024
a) A
				Diesel Emission Inspection Certificate of Waiver for Failing Inspection and
				Reinspection shall be issued by the Department for a diesel-powered vehicle to
				its owner/operator who demonstrates that the vehicle meets the applicable
				waiver requirements of subsection (b) of this Section.
b) A vehicle subject to inspection under this
				Part that has failed a diesel emission inspection and reinspection shall be
				eligible for a waiver from meeting the diesel emission requirements of this
				Part upon proof to the Department of compliance with all of the following:
1) After failing an initial inspection and
				reinspection, the vehicle has failed to achieve compliance with the applicable
				vehicle diesel emission inspection standards set forth in this Part.
2) A minimum expenditure of $3,000 in diesel
				emission related repairs, exclusive of tampering-related repairs, has been
				made. [625
				ILCS 5/13-109.1]
3) The vehicle has received all repairs and
				adjustments for which it is eligible under any diesel emission performance
				warranty provisions.
4) The vehicle
				owner/operator certifies to the Department that the diesel emission control
				devices are present and appear to be properly connected and
				operating.
5) Repairs are conducted
				by a recognized repair technician, as defined in Section
				460.110.
6) Evidence of repair is presented to the
				Department consisting of signed and dated receipts identifying the vehicle and
				describing the work performed and amount charged for eligible diesel
				emission-related repairs.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 460 - DIESEL EMISSION INSPECTION PROGRAM › Subpart F - WAIVER REQUIREMENTS, GRIEVANCE AND REPLACEMENT PROCEDURES › Section 460.605 - Diesel Emission Inspection Waiver Requirements for an Ungoverned Vehicle

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				owner/operator of a diesel-powered vehicle subject to this Part that was
				manufactured without a device to govern engine revolutions per minute (RPM)
				shall be eligible for a Diesel Emission Inspection Certificate of Waiver for an
				Ungoverned Vehicle. The diesel-powered vehicle will be exempt from meeting the
				diesel emission requirements of
				625
				ILCS 5/13-109.1 upon receipt by the Department of a
				letter from the vehicle manufacturer or dealer affirming that the vehicle was
				manufactured ungoverned. The letter must be on paper bearing the letterhead of
				the manufacturer or dealer of the vehicle in question.
b) If the Department determines that an
				applicant for a waiver has not complied with the waiver criterion set forth in
				subsection (a) of this Section, the waiver request will be denied. The
				Department will provide to the applicant a written statement via U.S. mail
				containing the reason for the denial.
c) If the Department determines that an
				applicant for a waiver has complied with the waiver criterion set forth in
				subsection (a) of this Section, the waiver shall be issued. The Department
				shall provide the applicant a Diesel Emission Inspection Certificate of Waiver
				for an Ungoverned Vehicle via U.S. mail containing a description of the
				vehicle, including the manufacturer's vehicle identification number and the
				issuance date of the waiver. The Certificate of Waiver must be kept in the
				vehicle as proof of diesel emission inspection compliance. Certificates of
				Waiver do not expire.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 460 - DIESEL EMISSION INSPECTION PROGRAM › Subpart F - WAIVER REQUIREMENTS, GRIEVANCE AND REPLACEMENT PROCEDURES › Section 460.610 - Grievance Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any
				person aggrieved by a decision regarding the failure of a diesel emission
				reinspection at a Station or the denial of a waiver from the Department may
				petition the Department, which will investigate the matter.
b) Grievances shall be filed in writing with
				the Department no more than 30 days after the decision made by the Department.
				The grievance shall contain the reason for the grievance; general information
				about the vehicle (i.e., make, model, and year); and a contact person's name,
				address and telephone number.
c)
				The Secretary or the Secretary's designee will appoint a Department employee to
				investigate every grievance submitted to the Department in accordance with this
				Part. The vehicle is declared out-of-service during the duration of the
				investigation.
d) The Department's
				investigation will be concluded within 45 days after the receipt of the
				grievance by the Department.
e)
				Within the 45-day investigation period, the Department will issue written
				notification to the petitioner and the Official Testing Station, if applicable,
				indicating the Department's determination as to the correctness or
				incorrectness of the decision that precipitated the grievance.
f) The Department's written notification will
				include a statement of the facts relied upon and technical issues decided by
				the Department in making its determination. The Department's determination is
				considered administratively final.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 460 - DIESEL EMISSION INSPECTION PROGRAM › Subpart F - WAIVER REQUIREMENTS, GRIEVANCE AND REPLACEMENT PROCEDURES › Section 460.620 - Replacement of Diesel Emission Inspection Compliance Card

Current through Register Vol. 48, No. 28, July 12, 2024
a) A replacement Diesel Emission Inspection
				Compliance Card may be obtained by submitting a written request for a
				replacement card along with a check or money order in the amount of $5 made
				payable to: Treasurer, State of Illinois. No cash will be accepted.
b) The written request must contain general
				information about the vehicle (i.e., VIN, make, model and year), as well as a
				contact person's name, address, and telephone number. The replacement Diesel
				Emission Inspection Compliance Card will expire on the same date the original
				card was scheduled to expire.
c)
				All replacement requests shall be submitted to:
Illinois Department of Transportation
Diesel Emission Inspections
P. O. Box 19212
Springfield, Illinois 62794-9212
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 510 - POLICY GOVERNING PROTECTIVE FENCING ON OVERPASSES AND APPROVAL PROCEDURES FOR THESE FACILITIES OVER ROADS WITHIN THE JURISDICTION OF THE DIVISION OF HIGHWAYS › Section 510.10 - Hazard

Current through Register Vol. 48, No. 28, July 12, 2024
The hazard to highway users resulting from objects being
				dropped or thrown from overhead crossings has increased significantly; hence,
				procedures are necessary to further protect the highway users from "bombing"
				from overpasses on urban highways.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 510 - POLICY GOVERNING PROTECTIVE FENCING ON OVERPASSES AND APPROVAL PROCEDURES FOR THESE FACILITIES OVER ROADS WITHIN THE JURISDICTION OF THE DIVISION OF HIGHWAYS › Section 510.20 - Responsibility of the District Engineer

Current through Register Vol. 48, No. 28, July 12, 2024
It will be the responsibility of the District Engineer to
				evaluate the hazard that might result to the highway users from objects being
				thrown or dropped from overhead crossings. This evaluation should include (for
				existing overhead crossings) all reported instances available from police or
				other qualified local agency records. If, in the judgement of the District
				Engineer, sufficient justification exists for furnishing protective fencing on
				existing or proposed construction, he will advise the local agency of his
				recommendation and if it concurs with the cost apportionment cited herein, he
				will submit his recommendation along with supporting documentation to the
				Bureau of Bridges and Structures for incorporation into construction
				plans.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 510 - POLICY GOVERNING PROTECTIVE FENCING ON OVERPASSES AND APPROVAL PROCEDURES FOR THESE FACILITIES OVER ROADS WITHIN THE JURISDICTION OF THE DIVISION OF HIGHWAYS › Section 510.30 - Sufficient Justification

Current through Register Vol. 48, No. 28, July 12, 2024
It should be considered sufficient justification for protective
				fencing on existing bridges if police or other qualified local agency sources
				provide a record of incidents. For new structures, the District Engineer must
				depend on previous experience for similar existing locations wherein he
				anticipates it will serve comparable volumes and types of pedestrian
				traffic.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 510 - POLICY GOVERNING PROTECTIVE FENCING ON OVERPASSES AND APPROVAL PROCEDURES FOR THESE FACILITIES OVER ROADS WITHIN THE JURISDICTION OF THE DIVISION OF HIGHWAYS › Section 510.40 - Maintenance of Protective Fencing

Current through Register Vol. 48, No. 28, July 12, 2024
In all cases, the maintenance of protective fencing as
				installed will be included as part of the standard maintenance agreement now
				obtained with local agencies. For existing structures, the maintenance for
				protective fencing if installed will be added to the existing maintenance
				agreement in force with the local agency.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 510 - POLICY GOVERNING PROTECTIVE FENCING ON OVERPASSES AND APPROVAL PROCEDURES FOR THESE FACILITIES OVER ROADS WITHIN THE JURISDICTION OF THE DIVISION OF HIGHWAYS › Section 510.50 - Cost Apportionment

Current through Register Vol. 48, No. 28, July 12, 2024
For existing overcrossings, cost apportionment for protective
				fencing will be 50 percent Federal, 25 percent State and 25 percent local
				agency. For proposed construction of Interstate highways, cost apportionment
				will be 90 percent Federal, 5 percent State and 5 percent local agency. For new
				construction on other State highways, participation ratios will be the same as
				indicated for existing overcrossings. The length of the railing plus the length
				of end abutment rail posts, if applicable, shall be the project limit for
				division of cost. Any additional fencing shall be the financial responsibility
				of others for design, construction and maintenance.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 510 - POLICY GOVERNING PROTECTIVE FENCING ON OVERPASSES AND APPROVAL PROCEDURES FOR THESE FACILITIES OVER ROADS WITHIN THE JURISDICTION OF THE DIVISION OF HIGHWAYS › Section 510.60 - Pedestrian Bridges

Current through Register Vol. 48, No. 28, July 12, 2024
Pedestrian bridges shall provide protective fencing as a part
				of the initial construction with cost apportionment the same as the pedestrian
				crossing itself.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 518 - RELOCATION ASSISTANCE SERVICES AND PAYMENTS PROGRAM FOR STATE HIGHWAY PROJECTS › Section 518.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to establish policies and
				procedures for the Illinois Department of Transportation, Division of Highways,
				when applying the Uniform Relocation Assistance and Real Property Acquisition
				Policies Act of 1970, as amended (the Uniform Act) (
				42
				USC 4601 et seq.) to highway projects for
				which the State intends to provide State or federal financial assistance and
				that involve the displacement of persons, businesses, farm operators or
				nonprofit organizations. This Part establishes a means of providing relocation
				services and of making moving cost payments, replacement housing cost payments,
				and other expense payments to persons, businesses, farm operators or nonprofit
				organizations displaced as a result of programs designed for the benefit of the
				public. It is also designed to assure compliance with the federal requirements
				of the Uniform Act and the federal rules titled Uniform Relocation Assistance
				and Real Property Acquisition for Federal and Federally Assisted Programs ( 49
				CFR 24 ) to assure federal participation on federally-aided
				projects.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 518 - RELOCATION ASSISTANCE SERVICES AND PAYMENTS PROGRAM FOR STATE HIGHWAY PROJECTS › Section 518.20 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions are in addition to those found in the
				incorporated material in Section
				518.30
				and apply for purposes of this Part:
"Central Bureau of Land Acquisition" - means the office of the
				Division responsible for developing, evaluating and interpreting the policies
				and procedures for planning and implementing the statewide land acquisition
				program and for advising, guiding and assisting the Regional Engineers and the
				districts on all program policies.
"Director" - means the Director of the Division of Highways or
				the Director's designee.
"District" - means a geographic subgroup of the Division of
				Highways. Each district has its own land acquisition office or bureau.
"Division" - means the Illinois Department of Transportation,
				Division of Highways.
"Regional Engineer" - means the Regional Engineer of any one of
				the 5 regional offices of the Division of Highways or the Regional Engineer's
				designee. A Regional Engineer is responsible for all actions within a region,
				which is comprised of one or two districts.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 518 - RELOCATION ASSISTANCE SERVICES AND PAYMENTS PROGRAM FOR STATE HIGHWAY PROJECTS › Section 518.30 - Incorporation by Reference

Current through Register Vol. 48, No. 28, July 12, 2024
This Part incorporates by reference 49 CFR 24, except subpart
				B, as of October 1, 2007, that is the basis and guideline for the development
				of the Division's policy for highway projects for which federal financial
				assistance may be requested and for relocation assistance advisory services and
				payments for persons, businesses, farms or nonprofit organizations displaced as
				a result of those projects. 49 CFR 24 is incorporated as a part of this Part
				and is effective as indicated, not including any later amendments or editions.
				Copies of the appropriate materials are available from the Division of
				Highways, Central Bureau of Land Acquisition, Room 210, 2300 South Dirksen
				Parkway, Springfield, Illinois 62764 or by calling
				217/782-6243.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 520 - CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS › Section 520.10 - Purposes

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 75th General Assembly in "An Act relating to the
			 control, location, fencing and acquisition of junkyard and scrap processing
			 facilities in areas adjacent to the Federal-Aid Interstate and Federal-Aid
			 Primary Systems of Highways in Illinois" approved and effective July 24, 1967,
			 has declared that:
"For the purpose of promoting the public safety, health,
				welfare, convenience and enjoyment of public travel, to protect the public
				investment in public highways, and to preserve and enhance the scenic beauty of
				lands bordering public highways, it is declared to be in the public interest to
				regulate and restrict the establishment, operation, and maintenance of
				junkyards or scrap processing facilities in areas adjacent to the Federal-Aid
				Interstate and Federal-Aid Primary Systems of Highways within this State.
				Junkyards or scrap processing facilities which do not conform to the
				requirements of this Act are declared to be public nuisances."
b) The purpose of these rules is
			 to provide standards which shall be applied to the control of junkyards and
			 scrap processing facilities as required by the Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 520 - CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS › Section 520.30 - Measurements of Distance

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Distance from the edge of a right of way shall be measured horizontally along a
			 line normal or perpendicular to the centerline of the highway.
b) Distance along the highway shall be
			 measured along the centerline of the highway.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 520 - CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS › Section 520.40 - Establishment of New Yards

Current through Register Vol. 48, No. 28, July 12, 2024
No one shall establish a junkyard or scrap processing facility
				within the zone of control unless it is:
a) Located within a zoned or unzoned
			 industrial area, or
b) located
			 outside of a zoned or unzoned industrial area, but screened so as not to be
			 visible from the main traveled way.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 520 - CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS › Section 520.50 - Yards in Existence as of July 24, 1967

Current through Register Vol. 48, No. 28, July 12, 2024
Yards which were legally in existence as of July 24, 1967, if
				located outside of a zoned or unzoned industrial area, will be screened from
				view or removed to a conforming location by the Department of Transportation or
				the Department may make such arrangements as are necessary to accomplish the
				screening or removal.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 520 - CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS › Section 520.60 - Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a) No one shall
			 establish a junkyard, any portion of which is within 1000 feet of the nearest
			 edge of the right of way of a controlled highway, without first obtaining a
			 permit from the Illinois Department of Transportation.
b) Issuance of Permits
1) Yards in zoned or unzoned industrial areas
			 which were in existence as of July 24, 1967, must obtain a permit within 30
			 days after notice from the Department.
2) Yards located outside of zoned or unzoned
			 industrial areas which were in existence as of July 24, 1967, will be issued a
			 permit after they have been screened or relocated to a conforming
			 area.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 520 - CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS › Section 520.70 - Completion of the Permit Form

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 If the proposed yard is to be located in a zoned or unzoned industrial area,
			 the application for a permit for all new yards to be located in a zoned or
			 unzoned industrial area shall include the following:
1) Names. The name and address of the owner
			 or owners of the yard and the name and address of the yard, if different from
			 the owners. The name and address of the owner of the real estate is also to be
			 furnished if different than the owners of the business.
2) Location Map. A simple location map
			 showing the location of the junkyard or scrap processing facility in relation
			 to the adjacent Interstate or Primary Route. Such location map shall indicate
			 the direction of north with a north point or arrow, shall show the dimensions
			 of the tract of land, and shall show the distance from the nearest town or city
			 limits or from the nearest intersecting route.
3) Junk Deposit Area. If the tract shown on
			 the location map is larger in area than the space proposed for the deposit of
			 junk, that portion proposed for the deposit of junk shall be cross-hatched and
			 its dimensions shown. Any deposit of junk beyond this area will not be
			 permitted unless a new permit is granted by the Department.
4) Area Type. If the location is zoned
			 industrial, the name of the controlling authority shall be supplied. If the
			 location is not zoned but within 1000 feet of an industrial activity, the
			 distance from the activity and the name of the activity shall be
			 supplied.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 520 - CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS › Section 520.80 - Acceptable Screening Materials

Current through Register Vol. 48, No. 28, July 12, 2024
a) Fencing Materials.
1) Subject to the approval of the Department,
			 acceptable fencing shall include fences of steel or other metals, durable woods
			 such as tide water cypress, redwood, or other wood treated with a preservative,
			 or walls of masonry. Some of the types acceptable are:
A) Chain link type with aluminum, steel,
			 plastic, or wooden slat inserts.
B)
			 Wooden types with basket weave, palisade, louver, or other suitable
			 design.
C) Walls of masonry
			 including plain or ornamental concrete block, brick, stone, or other suitable
			 masonry material.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 520 - CONTROL OF JUNKYARDS AND SCRAP PROCESSING FACILITIES IN AREAS ADJACENT TO THE FEDERAL-AID INTERSTATE AND FEDERAL-AID PRIMARY SYSTEMS OF HIGHWAYS IN ILLINOIS › Section 520.90 - Maintenance

Current through Register Vol. 48, No. 28, July 12, 2024
a) The owner or
			 owners of any junkyard or scrap processing facility shall maintain in an
			 acceptable condition the screening for his junkyard, regardless of who
			 established it initially, performing such painting and repairs as is required
			 to keep any fences, walls or other structural material in good condition and
			 appearance. Plant material shall be watered, cultivated, and/or mulched, and
			 given any required maintenance including spraying for insect control, to keep
			 the planting in a good healthy condition. Dead plant material shall be replaced
			 during the next spring or fall planting season following death of the material.
			 The replacement plants shall be at least as large as the initial planting. The
			 screening shall be maintained so that the yard is effectively screened as long
			 as the business is in existence.
b)
			 Failure to maintain the screening in an acceptable condition shall result in
			 the revoking of the junkyard or scrap processing facility owner's permit upon
			 written notification and the Department shall take whatever legal action is
			 necessary to cause the owner of such junkyard or scrap processing facility to
			 provide such maintenance of the screening to the satisfaction of the Department
			 or to abate the nuisance created by the junkyard which is not in compliance
			 with the Act.
c) Extension Beyond
			 Fencing. Any junkyard or scrap processing facility lawfully in existence on the
			 effective date of this Act and screened from view from the highway by the
			 Department, or any yard established after the effective date and screened by
			 the owner may not be extended beyond or above such screening so as to have junk
			 visible from the main traveled way of the highway. Any such visible junk will
			 cause the facility to be in violation of its permit and these regulations and
			 the permit will become void upon written notification by the
			 Department.
d) The Department shall
			 then take whatever legal action is necessary to abate the nuisance created by
			 the junkyard which is not in compliance with the Act.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart A - GENERAL PROVISIONS › Section 522.10 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
The purpose of this Part is to provide the procedures for
				  registrations, permit applications and revocations and the requirements for the
				  erection and maintenance of signs along interstate or primary highways in
				  Illinois.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart B - PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS › Section 522.30 - Signs Requiring Permits and Registrations

Current through Register Vol. 48, No. 28, July 12, 2024
The following types of signs may be erected and maintained
				  only after a permit or registration has been issued by the Department. Further,
				  existing signs erected pursuant to the
Act can only be re-erected or improved (any change that adds
				  value to the sign) subsequent to the receipt of a permit (see Section
				  522.50,
				  Permit Application Contents).
a) Signs
				along Interstate highways that advertise the sale or lease of property on which
				they are located;
b) On premise
				signs located along Interstate highways;
c) Signs located along Interstate highways
				that provide information relative to lodging, food, outdoor recreational
				facilities or automotive service facilities;
d) Signs in business areas other than
				directional signs, official signs, official notices, public utility signs, or
				those non-business area signs described in subsections (a), (b), and
				(c);
e) Any sign listed in
				subsections (a) through (d) that, after receiving a permit or a registration,
				is erected again, is enlarged or extended by the sign owner. These signs shall
				require new permits and payment of the application fee.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart B - PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS › Section 522.40 - Place of Filing

Current through Register Vol. 48, No. 28, July 12, 2024
The permit application or registration shall be filed with
				  the Department office having jurisdiction over the area in which the sign is to
				  be erected or is located. (See Illustration M.)
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart B - PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS › Section 522.50 - Permit Application Contents

Current through Register Vol. 48, No. 28, July 12, 2024
a) The permit application shall be a form
				prescribed by the Department. The application shall require the applicant to
				provide specific information necessary for the Department to determine whether
				a permit should be issued.
b) The
				following additional documentation shall be attached to the permit application:
1) Verification as to the zoning
				classification for the proposed sign location. For proposed signs along
				Interstate highways, the documentation shall show whether the site lies within
				incorporated limits as they existed on September 21, 1959, and, if not, the
				land use as it was zoned on September 21, 1959. If the site was not zoned on
				September 21, 1959, or is not zoned now, this shall be stated.
A) Verification of zoning classification will
				consist of an ordinance, certification by the current zoning official and any
				other documentation that shows the zoning classification. The zoning
				certification must be submitted on the local governing agency's letterhead and
				must certify to the site's zoning classification as well as to the site's
				adherence to the September 21, 1959 criteria prescribed in subsection (b)(1) of
				this Section.
B) Zoning must be
				comprehensive. Signs will not be permitted on spot zoned land or land on which
				the only plausible commercial or industrial use is outdoor
				advertising.
C) When the
				application is for a site in a newly zoned commercial or industrial area and no
				commercial or industrial site development is evident, the zoning certification
				must certify to the site's pending commercial or industrial use. For purposes
				of this subsection (b)(1)(C), "newly zoned" means zoning that occurs from
				time-to-time when market conditions warrant a change of land use. As evidence
				of pending commercial or industrial use, the application shall include a site
				plan that has been approved by the local zoning authority. If an approved site
				plan does not exist, the application shall include a statement by the local
				zoning authority certifying to the existence of utilities, roads and streets
				necessary to support commercial or industrial development.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart B - PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS › Section 522.70 - Approval of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department shall approve the permit application upon its determination, after a
				site investigation that it is complete, correct and in compliance with the
				requirements of the Act and this Part. The application shall be marked
				"approved" on its face.
b) The
				Department shall notify the permittee that the application has been approved by
				sending a copy of the approved application to the permittee.
c) Permittees shall be issued an identifying
				tag by the Department which shall be securely affixed to the front face of the
				sign or sign structure in a conspicuous place by the owner or the Department
				upon erection of the sign or within ten days after receipt of the tag,
				whichever is later (Section 8 of the Act). Permittees shall provide evidence
				such as "as-built" plans or affidavit, but, preferably by photograph, of
				erection of signs.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart B - PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS › Section 522.80 - Denial of Application

Current through Register Vol. 48, No. 28, July 12, 2024
a) If
				a review of the application or a site investigation reveals that the permit
				application is incomplete, contains incorrect information or is not in
				compliance with the requirements of the Act or this Part, or that the applicant
				is the owner of, or affiliated with an owner of, an abandoned or illegal sign,
				then the Department shall notify the applicant in writing by certified mail of
				its intent to deny the permit application and state the reasons for that
				action. The notification shall inform the applicant that he/she has 30 calendar
				days from the date of receipt of the notification to challenge the intent to
				deny or to correct the deficiencies noted. No time extensions will be
				permitted. The challenge shall be made in writing, state the position of the
				applicant, the facts in support of that position and shall contain any relevant
				documentation. The challenge must be received in the Department office within
				the 30 day period. The Department will review the challenge and shall either
				approve or deny the application based on the requirements of this Part. No
				appeal may be taken from the Department 's decision on the challenged
				application. The applicant's priority will be retained pending the Department's
				final decision. Only one application per applicant will be processed for the
				same site or any site within 500 feet of the site along an Interstate,
				expressway or a primary highway outside a municipality, or within 300 feet
				along a primary highway within a municipality, for which a permit application
				is submitted prior to the final decision by the Department.
b) If, after consideration of the challenge,
				the Department approves the application, the procedures in Section
				522.70
				shall apply. If, after consideration of the challenge, the Department denies
				the application, it shall be marked "denied" on its face and the reason for
				denial stated on the application. The Department shall notify the permittee of
				the denial by sending a copy of the denied application.
c) The permittee shall be deemed to have
				waived the right to challenge if the challenge is not filed in the time
				specified in subsection (a) of this Section. In such case, the application will
				be denied and be processed in the same manner as an application denied with a
				challenge.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart B - PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS › Section 522.90 - Renewal of Permits

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Signs must be erected within three years after the date the permit is issued.
				If a sign is not erected within three years, the permit will become void and
				the applicant will be required to wait 60 calendar days before a new
				application for that site can be submitted and considered.
b) Upon a change in permittee or sign
				ownership, the new permittee or owner of the sign shall notify the Department,
				in writing, of the sign permit or registration number and the old and new
				permittee or sign owners' names within 60 days after the change in permittee or
				sign ownership. No application fee is required under these circumstances. Any
				permit or registration not so renewed shall become revocable in accordance with
				the provisions of Subpart C. (Section 8 of the Act)
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart B - PERMIT APPLICATION AND REGISTRATION PROCEDURES AND REQUIREMENTS › Section 522.100 - Registration of Existing Signs

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a highway or a section of a highway
				is added to the primary system, the Department shall so notify owners of signs
				along such a highway that they have 90 days to register their signs.
b) When a primary highway is added to the
				Interstate system, the Department shall so notify owners of on premise signs
				and signs which advertise the sale or lease of property on which they are
				located that they have 90 days to register their signs.
c) Registration shall be on a form prescribed
				by the Department and shall be accompanied by a check or money order in the
				amount of $5.00 payable to the Treasurer of the State of Illinois.
d) Signs not registered in accordance with
				this Section shall receive notice as provided in Subpart C of this
				Part.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart C - REVOCATION OF PERMITS › Section 522.110 - Notice of Intent to Revoke

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the Department determines that grounds exist for the
				  revocation of a permit or registration (including but not limited to false
				  information in the application, errors in permit processing, failure to erect
				  what was permitted, classification as an owner of an illegal or abandoned sign,
				  use of aliases, affiliates or subsidiary companies to obtain permits, or any
				  other violation of the Act or this Part), the Department shall notify the
				  permittee by certified mail of its intent to revoke the permit. This notice
				  shall be called the "Notice of Intent to Revoke Permit" ("Notice") and shall
				  inform the permittee that he or she has 30 calendar days from receipt of the
				  notice to reply. The procedures in this Subpart shall not apply when a permit
				  has expired without any sign being erected within three years after
				  issuance.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart C - REVOCATION OF PERMITS › Section 522.120 - Reply of Permittee

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Reply shall be made to the Department in writing and received at that office
				within the 30 day period. No time extensions will be permitted. The Reply shall
				specifically state one of the following:
1)
				That the sign has been removed. In such case, evidence of the removal (an
				affidavit or photograph) shall be submitted with the Reply.
2) That the problem cited in the Notice of
				Intent to Revoke has been corrected or that measures to correct the problem
				will be undertaken in the manner and within the times set forth in the Reply.
				Evidence of the correction (an affidavit or photograph) shall be submitted with
				the Reply.
3) That a dispute exists
				and a review is requested.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart C - REVOCATION OF PERMITS › Section 522.140 - Issuance of the "30 Day Letter"

Current through Register Vol. 48, No. 28, July 12, 2024
When the Department has found a sign to be unlawful as
				  provided in Section 10 of the Act or Subpart C of this Part, the Department
				  shall notify the permittee or sign owner by certified mail of the
				  following:
a) The sign must be removed
				or brought into compliance within thirty days from receipt of notice.
b) After the thirty day period, the sign
				shall become the property of the Department if not removed or brought into
				compliance.
c) The Department shall
				sell, by public sale, auction, or sealed bids; remove or paint over all
				unlawful signs which have not been removed or brought into compliance within
				the thirty day period or shall seek a court order to force abatement by the
				sign owner.
d) The sign owner shall
				reimburse the Department for all costs incurred by the Department in selling,
				removing or painting over the sign.
Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 522 - CONTROL OF OUTDOOR ADVERTISING ADJACENT TO PRIMARY AND INTERSTATE HIGHWAYS › Subpart D - STANDARDS FOR SIGNS › Section 522.150 - Signs that may not be Erected or Maintained

Current through Register Vol. 48, No. 28, July 12, 2024
The following signs shall not be erected or
				  maintained:
a) Signs located within
				the right-of-way of an Interstate or primary highway or on any structure, wire,
				cable, or other device over or above an Interstate or primary highway
				right-of-way except the following:
1) Signs
				designating the name of the railroad which owns the bridge.
2) Signs designating the clearance provided
				(Section 9-112.1 and 9-112.2 of the Code) by the bridge.
3) Public utility signs.
4) Signs required by the Code.
5) Signs required by the Illinois Vehicle
				Code [625 ILCS 5 ].
6) Signs,
				displays and devices giving specific information in the interest of the
				traveling public erected and maintained by the Department or by the Illinois
				State Toll Highway Authority.