415 ILCS 95/ Junkyard Act.

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415 ILCS 95/0.01

(415 ILCS 95/0.01) (from Ch. 121, par. 460)

Sec. 0.01.

Short title.

This Act may be cited as the

Junkyard Act.

(Source: P.A. 86-1324.)

415 ILCS 95/1

(415 ILCS 95/1) (from Ch. 121, par. 461)

Sec. 1.

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.

(Source: Laws 1967, p. 1927.)

415 ILCS 95/2

(415 ILCS 95/2) (from Ch. 121, par. 462)

Sec. 2.

Terms used in this Act, unless the context otherwise requires, are
defined as follows:

(1) "junkyard" means an establishment or place of business which is
maintained, operated, or used for storing, keeping, buying, or selling
junk, or for the maintenance or operation of an automobile graveyard, and
the term shall include garbage dumps and sanitary fills;

(2) "junk" means old or scrap copper, brass, rope, rags, batteries,
paper, trash, rubber debris, waste, or junked, dismantled or wrecked
automobiles, or parts thereof, iron, steel, and other old or scrap ferrous
or nonferrous material;

(3) "automobile graveyard" means any establishment or place of business
which is maintained, used, or operated for storing, keeping, buying or
selling wrecked, scrapped, ruined or dismantled motor vehicles or motor
vehicle parts;

(4) "scrap processing facility" means any establishment having
facilities for processing iron, steel, nonferrous scrap, mineral wastes or
slag, and whose principal produce is scrap iron, steel, or nonferrous scrap
for sale for remelting purposes only;

(5) "Department" means the Department of Transportation of the State of
Illinois.

(Source: P.A. 77-175.)

415 ILCS 95/3

(415 ILCS 95/3) (from Ch. 121, par. 463)

Sec. 3.

No person may hereafter establish, operate, or maintain a junkyard
or scrap processing facility, any portion of which is within 1,000 feet of
the nearest edge of the right of way of any highway on the Federal-Aid
Interstate or Federal-Aid Primary Systems, except the following:

a.  those which are screened by natural objects, plantings, fences, or
other appropriate means so as not to be visible from the main-traveled way
of the system, or otherwise removed from sight;

b.  those located within areas which are zoned for industrial use, or
those located within unzoned areas which are used for industrial
activities, as determined by regulations to be promulgated by the
Department;

c.  those which are not visible from the main-traveled way of the highway
system.

(Source: Laws 1967, p. 1927.)

415 ILCS 95/4

(415 ILCS 95/4) (from Ch. 121, par. 464)

Sec. 4.

Any junkyard or scrap processing facility lawfully in existence on
the effective date of this Act which is within 1,000 feet of the nearest
edge of the right of way and visible from the main-traveled way of any
highway on the Federal-Aid Interstate or Federal-Aid Primary Systems, shall
be screened, if feasible, by the Department at locations on highway right
of way or in areas acquired for such purposes outside the right of way so
as not to be visible from the main-traveled way of such highway.

(Source: Laws 1967, p. 1927.)

415 ILCS 95/4.5

(415 ILCS 95/4.5)

Sec. 4.5.

Automobile graveyards located near canals; inspection by EPA.

The
Environmental Protection Agency may inspect any automobile graveyard located
within 1000 feet of a canal in Illinois to determine if any contaminates are
entering canal waters from the automobile graveyard.

(Source: P.A. 88-381.)

415 ILCS 95/5

(415 ILCS 95/5) (from Ch. 121, par. 465)

Sec. 5.

The Department shall promulgate regulations governing the location,
planting, construction and maintenance, including materials used in
screening or fencing required by this Act.

(Source: Laws 1967, p. 1927.)

415 ILCS 95/6

(415 ILCS 95/6) (from Ch. 121, par. 466)

Sec. 6.

When the Department determines that the topography of the land will
not permit adequate screening of existing junkyards or scrap processing
facilities or junkyards or scrap processing facilities lawfully established
but which become nonconforming, the Department may acquire by gift,
purchase or by the exercise of the right of eminent domain such junkyards
or scrap processing facilities, or portions thereof, necessary to secure
compliance with this Act. When it is more economical to move such junkyards
or scrap processing facilities, or portions thereof, the Department may
acquire by gift, purchase or by the exercise of the right of eminent domain
such lands or interest in lands as may be necessary to secure the
relocation of such junkyards or scrap processing facilities, or portions
thereof, and pay the costs of such relocation. The Department may also
acquire by gift, purchase or by the exercise of the right of eminent domain
such land or interests in land as is necessary to effectively screen
existing junkyards or scrap processing facilities or junkyards or scrap
processing facilities lawfully established, but which become nonconforming.

(Source: Laws 1967, p. 1927.)

415 ILCS 95/6.5

(415 ILCS 95/6.5)
Sec. 6.5. Eminent domain.

Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)

415 ILCS 95/7

(415 ILCS 95/7) (from Ch. 121, par. 467)

Sec. 7.

(a) The Department may, in addition to any other remedies,
initiate an appropriate action in the circuit court of the county in
which a junkyard or scrap processing facility is located, to prevent the
unlawful establishment, operation or maintenance of a junkyard or scrap
processing facility which is not in compliance with this Act, or to
restrain, correct or abate a violation of this Act, or to prevent any
illegal Act, conduct, business or use in or about the premises of such
junkyard or scrap processing facility.

(b) Whoever violates any provision of this Act is guilty of a petty
offense for a first violation, and of a Class C misdemeanor for second or
subsequent violations.

(Source: P.A. 84-1308.)

415 ILCS 95/8

(415 ILCS 95/8) (from Ch. 121, par. 468)

Sec. 8.

The Department is authorized to enter into agreements with the
designated authority of the United States Government relating to the
control of junkyards or scrap processing facility in areas adjacent to the
Federal-Aid Interstate and Federal-Aid Primary Systems, and to take such
action as may be necessary to comply with the terms of such agreements.

(Source: Laws 1967, p. 1927.)