525 ILCS 25/ Illinois Lake Management Program Act.

(525 ILCS 25/1) (from Ch. 19, par. 1401)

Sec. 1. This Act shall be known and may be cited as the "Illinois Lake Management Program Act."

(Source: P.A. 86-939.)

(525 ILCS 25/2) (from Ch. 19, par. 1402)

Sec. 2. (a) The General Assembly finds and recognizes that:

(1) Illinois' 2,900 lakes and 82,000 ponds provide many economic and social benefits including fishing, swimming, boating, water supply, wildlife habitat, flood control, tourism, and property value enhancement; and that the public uses and benefits of Illinois' water resources are heavily concentrated on lakes;

(2) in an assessment made by the Illinois Environmental Protection Agency in 1988, 86% of the number and 88% of the acreage of assessed lakes had impaired uses, caused primarily by nuisance growth of weeds and algae, turbidity, sedimentation or toxicants;

(3) long-term improvements in the State's lake resources can be realized most effectively if comprehensive lake management strategies are implemented; and

(4) implementation of these comprehensive strategies requires a careful analysis of the cause and effect relationships between lake impairments and the causal factors found both in the lake and in the lake's tributary watershed.

(b) The General Assembly further recognizes that:

(1) improved lake uses and water quality could result from a greater role in lake management by the State;

(2) implementation of lake restoration and protection programs has been and likely will continue to be largely the responsibility of local interests; and

(3) incorporation of 4 principal strategies into a lake management program administered by the State would greatly aid in the achievement of higher quality lakes:

(1) public education,

(2) technical assistance,

(3) monitoring and research, and

(4) financial incentives for local lake management interests.

(Source: P.A. 86-939.)

(525 ILCS 25/3) (from Ch. 19, par. 1403)

Sec. 3. As used in this Act.

(a) "Administrative Framework Plan" means the plan developed by the State to administer and implement the requirements of this Act.

(b) "Agency" means the Illinois Environmental Protection Agency.

(c) "Comprehensive lake management" means an action resulting from lake management strategies and plans that address all potential causes of lake degradation, including factors situated both in the lake and within the lake's tributary watershed; and followed by the development and implementation of management strategies which impart long term improvements and benefits for the lake.

(d) "Diagnostic and Feasibility Study" means the gathering of data to document the existing and potential sources of pollution and to determine the limnological, morphological, demographic, and other pertinent characteristics of an inland lake and its associated watershed; and the analysis of this information to determine the most appropriate method for improving or preserving the quality of the lake and to determine the need for a Long Term Restoration and Preservation Project or a Water Quality Maintenance Program.

(e) "Lake" means any inland lake as recognized by the Agency other than Lake Michigan, to which the public has continuing and regular access.

(f) "Lake Owner" means the owner or owners of any inland lake which possess the legal authority for a given lake to perform Diagnostic and Feasibility Studies and to enact comprehensive lake management through the implementation of Long Term Restoration and Preservation Projects and Water Quality Maintenance Programs.

(g) "Long Term Restoration and Preservation Project" means an implementation of lake and watershed management plans as developed under the Diagnostic and Feasibility Study which will provide for long term restoration benefits and long term preservation of the lake's water quality.

(h) "Monitoring" means programs to scientifically document the existing quality of a lake and the potential sources of pollutants which might lead to the lake's degradation or reduced environmental and cultural values.

(i) "public education" means programs and instruments designed to improve the general public's understanding of the causes of lake management problems, alternatives for lake restoration and protection, and the processes by which comprehensive lake management strategies can be effectively implemented.

(j) "Research" means programs and studies to scientifically determine the effectiveness of lake restoration and protection techniques, and to develop new and more effective approaches for comprehensive lake management.

(k) "Technical assistance" means assistance by State personnel trained in comprehensive lake management, and provided to municipalities, soil and water conservation districts, homeowners associations, lake managers, lake homeowners, and other appropriate organizations and individuals involved with lake management decision-making at the local level; such assistance is likely to be provided to a significant degree by on-site visits to affected lakes and meetings with appropriate organizations and individuals.

(l) "Water Quality Maintenance Program" means an implementation of a lake and watershed management program recommended by the Diagnostic and Feasibility Study which provides short-term relief from nuisance aquatic vegetation and algae growth; projects under this program must demonstrate that the proposed maintenance activities would result in attainment of significant public recreational lake use, and that watershed management plans are being implemented to control and reduce incoming nutrients, sediments, and other pollutants.

(Source: P.A. 86-939.)

(525 ILCS 25/4) (from Ch. 19, par. 1404)

Sec. 4. (a) Within one year following passage of this Act, the Agency shall develop, in consultation with the Illinois Department of Natural Resources, the Illinois Department of Agriculture, and the Division of Water Resources, an Administrative Framework Plan for implementing the requirements of this Act, including but not limited to:

(1) a public education program addressing comprehensive lake management;

(2) a technical assistance program addressing comprehensive lake management;

(3) a monitoring and research program addressing comprehensive lake management; and

(4) a program which provides financial incentives for implementation of comprehensive lake management plans at the local level.

(b) This Administrative Framework Plan shall identify:

(1) specific procedures for establishing and executing public education, technical assistance, and monitoring and research programs on lake management;

(2) detailed prioritization criteria and application procedures for review of proposed lake management studies, projects, and programs;

(3) a recommended division of responsibility among State agencies for implementing the provisions of this Act, including any appropriate Interagency Agreements; and

(4) a plan which presents the financial resources necessary for the subsequent 5 years to implement subsection (a) of this Section.

(Source: P.A. 89-445, eff. 2-7-96.)

(525 ILCS 25/5) (from Ch. 19, par. 1405)

Sec. 5. The Illinois Department of Natural Resources, the Illinois Department of Agriculture, and the Division of Water Resources shall assist the Agency in its preparation of the Administrative Framework Plan.

(Source: P.A. 89-445, eff. 2-7-96.)

(525 ILCS 25/6) (from Ch. 19, par. 1406)

Sec. 6. Applications submitted to the Agency by Lake Owners to implement Diagnostic and Feasibility Studies, Long-Term Restoration and Preservation Projects, and Water Quality Maintenance Programs shall be reviewed on an annual basis, with a procedure for an ad hoc emergency application review. Criteria to be used by the Agency in prioritizing applications shall include:

(a) extent of recreational use,

(b) extent of additional multiple uses, including water supply,

(c) technical feasibility and lake improvement potential,

(d) extent of public access,

(e) lake condition and use impairment,

(f) types and amount of recreational facilities available,

(g) comprehensiveness of scope and cost-effectiveness,

(h) proximity of other recreational lakes,

(i) local public support for the proposal, and

(j) history of local efforts for and dedication to lake restoration and protection.

(Source: P.A. 86-939.)

(525 ILCS 25/7) (from Ch. 19, par. 1407)

Sec. 7. (a) The Agency shall grant funds to applicants on a priority basis limited only by the availability of funds. Grants should be 50% of the costs for Diagnostic and Feasibility Studies, and shall not exceed 50% of the costs for either Long Term Restoration and Preservation Projects or Water Quality Maintenance Programs. The Lake Owner shall be responsible for financing the remainder of the costs for such studies, projects, and programs. The Agency shall supervise and may audit the financing of any study, project, or program implemented under this Act. All information generated by any study, project, or program implemented under this Act shall be provided to the Agency and the Lake Owner.

(b) Applications for Long Term Restoration Projects or Water Quality Maintenance Programs must include the required outputs of a Diagnostic and Feasibility Study.

(Source: P.A. 86-939.)

(525 ILCS 25/10)

Sec. 10. (Repealed).

(Source: P.A. 97-213, eff. 7-28-11. Repealed by P.A. 98-692, eff. 7-1-14; 98-822, eff. 8-1-14.)