(615 ILCS 15/8) (from Ch. 19, par. 126h)
Sec. 8.
An emergency shall be deemed to exist when flood control works
private or public property and human life are threatened with impairment or
destruction or have been impaired, damaged, or destroyed by reason of
floods or high river stages. Whenever the Governor of the State of Illinois
shall declare that such emergency exists, the Department of Natural Resources
is authorized to make expenditures, from any funds appropriated by the
General Assembly for the purpose of flood relief, for the reconstruction,
repair or maintenance of flood control work on any of the rivers and waters
of Illinois that may be threatened with impairment or destruction by flood
or that may have been impaired or destroyed by flood, or, may authorize the
reimbursement of any legally organized drainage district for any
expenditures made for the repair, reconstruction or maintenance of any
flood control work that may have been impaired or damaged by flood.
Provided, that if there be an approved report of survey, as provided for in
Section 5 of this Act, for the river or water, including the watershed
thereof, on which the impaired or damaged flood control work is situated,
no expenditures for the reconstruction, repair or maintenance of said
damaged flood control work shall be lawful unless the plans for
reconstruction, repair or maintenance of the said damaged flood control
works be in conformity with the approved plans for flood control works on
the river or water in question as contained in the report of survey.
Provided further, that if there be no approved report of survey as provided
for in Section 5 of this Act, then the reconstruction, repair or
maintenance of damaged or impaired flood control works shall be limited to
that necessary to restore the damaged or impaired flood control works to
their original sections or designs and no change of location or alignment
shall be made other than that necessary to protect the said flood control
works from caving banks, to avoid unsatisfactory foundation conditions, and
to afford the area the same protection as existed prior to the damage.
(Source: P.A. 89-445, eff. 2-7-96.)
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