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[ House Amendment 001 ] |
92_HB6013 LRB9215300LBprA 1 AN ACT concerning wetlands. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Wetlands Protection Act. 6 Section 5. Findings. Wetlands of this State are 7 indispensable and fragile resources. In their natural state, 8 wetlands reduce pollution and nutrients from a broad range of 9 sources, store and convey flood waters, reduce erosion, 10 provide waterfowl nesting and feeding areas, provide fish 11 habitats and habitats for rare and endangered plant and 12 animal species, provide bird watching and outdoor recreation 13 opportunities, and provide education and scientific study 14 opportunities. Wetlands play critical roles in water resource 15 protection and watershed management. 16 More than 7 million acres of these important resources 17 have been destroyed by filling, draining, dredging, and other 18 activities in this State. In addition, development located in 19 altered wetlands is often subject to problems such as 20 flooding, erosion, and poor soil condition. Filling or 21 draining wetlands in one area can cause increased flooding 22 and erosion in other areas. 23 It is, therefore, the policy of this State to ensure that 24 no further loss of wetland functions and acreage occur and to 25 ensure that activities in wetlands will not increase hazards. 26 Further, it is the policy of this State to reduce duplication 27 and ensure coordination in wetland programs and to encourage 28 the integration of wetland protection and restoration into 29 local comprehensive land management and watershed management 30 programs including floodplain and stormwater, pollution 31 control, source water, and other programs. Protection and -2- LRB9215300LBprA 1 restoration of wetland resources shall be a joint 2 responsibility of the State, local units of government, the 3 federal government, and private citizens. 4 Section 10. Definitions. The following definitions shall 5 apply throughout this Act: 6 "Agency" means the Illinois Environmental Protection 7 Agency. 8 "County stormwater management planning committee" means 9 any stormwater management planning committee established 10 under Section 5-1062 of the Counties Code, as currently 11 enacted or later amended. 12 "County wetlands protection body" means a county or 13 county stormwater management planning committee that has been 14 authorized to issue within its jurisdiction all or a portion 15 of the wetland permits created by this Act. 16 "Department" means the Illinois Department of Natural 17 Resources. 18 "Person" means any individual, group of individuals, 19 association, firm, partnership, corporation, trust, estate, 20 organization, or legal entity of any kind, including 21 governmental corporations. 22 "Regulated activity" means any activity conducted within 23 a wetland or a regulated buffer area that may decrease 24 wetland functions, including discharge of fill material, 25 excavating, draining, impounding, and dredging. 26 "State regulated activity" means any regulated activity 27 that is not exempted from regulation under this Act by 28 Section 70 of this Act. 29 "Wetland" means those areas that are permanently or 30 seasonally inundated or saturated by surface or ground water 31 at a frequency and duration sufficient to support, and that 32 under normal circumstances do support, a prevalence of 33 vegetation typically adapted for life in saturated soil -3- LRB9215300LBprA 1 conditions. Wetlands generally include swamps, marshes, bogs, 2 fens, and similar areas. 3 Section 15. Implementation. 4 (a) The Department shall implement a program for the 5 protection and restoration of wetlands in Illinois consistent 6 with the goals, procedures, and criteria set forth in this 7 Act. This program shall be carried out cooperatively with 8 other state agencies, federal agencies, local governments, 9 land trusts, landowners, and other interested groups and 10 organizations. In carrying out this program the Department 11 may: 12 (1) Adopt wetland maps as set forth in Section 20. 13 (2) Adopt rules necessary to administer the 14 requirements of this Act. The Department may implement 15 this Act through the use of emergency rules in accordance 16 with the provisions of Section 5-45 of the Illinois 17 Administrative Procedure Act. For purposes of the 18 Illinois Administrative Procedure Act, the adoption of 19 rules to implement this Act shall be deemed an emergency 20 and necessary for the public interest, safety, and 21 welfare. 22 (3) Provide technical assistance and training to 23 help local governments develop wetland protection and 24 restoration programs and to help local governments 25 integrate wetland protection and restoration into 26 comprehensive land planning and management efforts 27 including floodplain and stormwater management, pollution 28 control, source water planning, greenway, open space, and 29 other efforts. 30 (4) Encourage and provide guidance with regard to 31 the restoration of wetlands. 32 (5) Adopt joint permit processing procedures with 33 federal, other state, and local agencies with -4- LRB9215300LBprA 1 jurisdiction over wetlands and take other measures to 2 improve coordination and reduce duplication between the 3 regulatory agency and other state agencies, federal 4 agencies, and local governments. 5 (b) The Agency shall adopt water quality standards for 6 wetlands by December 31, 2003. 7 Section 20. Mapping. The Department shall adopt wetland 8 maps for Illinois. In this effort, the Department may utilize 9 on an interim or longer-term basis National Wetland Inventory 10 Maps for all or a portion of the State. The Department may 11 also use maps prepared by other groups or organizations or 12 undertake independent mapping with federal agencies, other 13 state agencies, local governments, or other groups or 14 organizations. The Department may separately adopt wetland 15 maps for various regions of the State. The Department may 16 issue permits according to this Act before its mapping 17 program is complete. In that case, the Department shall use 18 the best available information when evaluating permit 19 applications. The Department shall use the Corps of Engineers 20 1987 Manual for the Delineation of Jurisdictional Wetlands. 21 The Department shall, upon the written request of a 22 landowner whose land may be included in a regulated wetland, 23 delineate more precisely the wetland boundary line applying 24 delineation criteria. The Department may require information 25 from the landowner or other agencies or organizations to aid 26 in the delineation effort. The Department may require that 27 the landowner pay a reasonable fee for the requested 28 delineation. The validity of the delineation shall expire 29 after 2 years. 30 Section 25. Permits. Unless exempted under Section 70, 31 no person may conduct or cause to be conducted a regulated 32 activity within or affecting a wetland without a permit from -5- LRB9215300LBprA 1 the Department. Any person proposing to conduct or cause to 2 be conducted a state regulated activity shall file an 3 application for a permit with the Department. The Department 4 shall determine the number of copies of the application that 5 the applicant shall submit, and shall forward one copy to the 6 Agency. The applicant shall provide within 10 days of filing 7 a permit application a written notice of the permit 8 application to the owners of each tract of property adjacent 9 to the property containing the wetland that is the subject of 10 the permit. The applicant shall also post a notice of the 11 proposed permit, within 10 days of the filing of the 12 application, in a local newspaper of general circulation. 13 A permit applicant shall include the following 14 information in the application, unless the Department 15 determines that a portion of this information is unnecessary: 16 (1) A map of the area that will be affected by the 17 activity, including wetland and water boundaries for the 18 areas affected and the existing uses and structures. 19 (2) A description of the proposed activity, 20 including its purpose, the location and dimensions of any 21 structures, grading or fills, drainage, roads, sewers and 22 water supply, parking lots, storm water facilities, 23 discharge of pollutants, and onsite waste disposal. 24 (3) A description of any public benefit to be 25 derived from the proposed project. 26 (4) A description of the entire parcel owned by the 27 applicant, including a topographical survey of the 28 property and a sketch map indicating the location of the 29 wetland on the parcel. 30 (5) A description of any natural hazards at the 31 site, including flood, erosion, and soil bearing capacity 32 hazards, and an indication of how the applicant will 33 avoid increasing hazards on other lands and avoid hazard 34 losses associated with the proposed activity. -6- LRB9215300LBprA 1 (6) An explanation of other alternatives the 2 applicant has considered, why the proposed activity 3 cannot be located at other sites, and why other 4 alternatives cannot be used to fulfill the desired 5 purpose of the proposed activity. 6 (7) The names and addresses of adjacent landowners 7 as determined by the current tax assessment roles and a 8 description of adjacent uses and their distance from the 9 proposed activity. 10 (8) Proposed measures to reduce the impact of the 11 proposed activity on wetland functions and values and to 12 compensate for impacts. 13 The Department may require additional information where 14 that information is needed to determine the compliance of the 15 proposed activity with the criteria for issuance of a permit. 16 Where informational deficiencies are apparent in the 17 application, the Department shall advise the applicant of the 18 need for additional information within 30 days of the receipt 19 of the application. 20 Upon receipt of a permit application, the Department 21 shall notify, within 10 days, other state, federal, and local 22 government entities that may have jurisdiction over the 23 proposed activity, as well as any other persons or entities 24 that have requested to receive notification of wetland permit 25 applications from the Department. All people and entities so 26 notified shall have 30 days from the date of the Department's 27 notification to provide comments to the Department. 28 The Department shall also hold a public hearing 29 concerning the permit application if the proposed activity 30 may have significant impact upon wetland resources or if the 31 Agency determines that a public hearing is otherwise 32 appropriate. 33 The Department shall issue, conditionally issue, or deny 34 a permit within 120 days of receipt of a permit application -7- LRB9215300LBprA 1 unless the permit applicant has failed to supply needed 2 information or additional information gathering is needed to 3 determine the compliance of the permit with regulatory 4 criteria. 5 In granting a permit, the Department may impose 6 conditions that must be carried out to meet the goals of this 7 Act and the permit criteria. The Department may suspend or 8 revoke a permit if it finds that the applicant has not 9 complied with the conditions or limitations set forth in the 10 permit. The Department may require a bond in an amount and 11 with surety and conditions sufficient to secure compliance 12 with the conditions and limitations set forth in the permit. 13 Section 30. Permit fees. A permit applicant shall submit 14 a fee to the Department when submitting an application to the 15 Department for a regulated activity. The Department shall 16 deny any permit application that does not include the 17 appropriate fee. 18 The amount of the fee shall be $1,000 for each acre pro 19 rata that will be affected by a regulated activity. However, 20 no fee shall be due from any entity listed in subsection (e) 21 of Section 12.2 of the Environmental Protection Act, as 22 currently enacted or later amended. 23 All fees collected by the Department under this Section 24 shall be deposited into the Wetlands Protection Fund. 25 Section 35. Criteria for issuance of permits 26 (a) The Department shall issue a permit if it finds that 27 the proposed activity is in the public interest. 28 (b) In determining whether a proposed activity is in the 29 public interest, the Department shall consider the goals of 30 this Act and any more specific criteria for permit issuance 31 adopted by the Department. The Department shall also consider 32 the need for the proposed activity and the impact on the -8- LRB9215300LBprA 1 landowner of permit denial. To find that a proposed activity 2 is in the public interest, the Department must find that: 3 (1) There will be no net loss of wetland function. 4 At a minimum, this shall require findings that there will 5 be no net loss of: 6 (a) wetland habitat for breeding, nesting, 7 foraging, resting, or protection of any species, 8 including those species on the federal or State list 9 of threatened, endangered, or rare species; 10 (b) stormwater and floodwater retention 11 capacity; 12 (c) groundwater recharge capacity; 13 (d) ability to improve water quality through 14 sedimentation, filtration, biological treatment, or 15 other functions; and 16 (e) recreational opportunities such as hunting 17 or fishing. 18 (2) There will be no net loss of wetland acreage. 19 (3) The proposed activity will not cause flooding, 20 erosion, or other hazards that will threaten other 21 landowners or the public. 22 (4) An adequate upland buffer will be provided to 23 protect remaining wetland acres from sediment, 24 pollutants, and other threats. This buffer must be at 25 least 50 feet, except as otherwise provided in the 26 criteria adopted by the Department. The buffer width for 27 a development site may be varied to a minimum of 1/2 of 28 the required buffer width provided that the total 29 required buffer area is achieved. 30 (5) The Agency has certified that the proposed 31 activity will not cause or contribute to a violation of 32 any State water quality standards. 33 (6) The proposed activity will not otherwise 34 threaten health and safety, cause nuisances, impair -9- LRB9215300LBprA 1 public rights to the enjoyment and use of public waters, 2 or threaten a rare or endangered plant or animal or a 3 unique ecosystem. 4 (7) The applicant has shown that there are no 5 practicable alternatives to the proposed activity that 6 would result in less environmental harm. 7 (8) Any adverse impacts will be minimized. 8 (c) In evaluating the impact of the proposed permit, the 9 Department shall consider the cumulative effect of existing 10 and reasonably anticipated future activities upon wetland 11 resources. The Department shall consider any irreversible and 12 irretrievable commitment of resources that will result from 13 the proposed activity, and the relationship between 14 short-term uses of the environment and the maintenance and 15 enhancement of long-term productivity. The Department shall 16 also consider any proposed impact reduction and compensation 17 measures only after determining that there are no practicable 18 alternatives to the proposed activity and that the measures 19 are consistent with this Act. 20 Section 40. General permits. 21 (a) In carrying out its functions relating to regulated 22 activities, the Department may, after notice and opportunity 23 for public hearing, issue a general permit on a State, 24 county, or regional basis for any category of regulated 25 activity if the Department determines that the activities in 26 that category are similar in nature, will cause only minimal 27 adverse environmental effects when performed separately, and 28 will have only minimal cumulative adverse effect on the 29 environment. Best management practices may be prescribed for 30 activities regulated by a general permit. Any general permit 31 issued under this subsection shall: 32 (1) be based on the guidelines set forth in this 33 Act; and -10- LRB9215300LBprA 1 (2) set forth the requirements and standards that 2 will apply to the activity authorized by the general 3 permit. 4 (b) No general permit issued under this subsection shall 5 be valid for a period of more than 5 years after the date of 6 its issuance. 7 (c) A general permit may be revoked or modified by the 8 Department if, after opportunity for public hearing, the 9 Department determines that the activities authorized by the 10 general permit have an adverse impact on the environment or 11 the activities are more appropriately authorized by 12 individual permits. 13 Section 50. County wetland protection body regulation of 14 wetlands. 15 (a) Counties and county stormwater management planning 16 committees with wetland regulations may apply to the 17 Department for permission to issue all or a portion of the 18 wetland permits in lieu of the Department. The Department 19 shall authorize a county or county stormwater management 20 planning committee to issue all or a portion of wetland 21 permits for wetlands within the county or county stormwater 22 management planning committee's jurisdiction if the 23 Department finds: (i) that the overall wetland function 24 protection provided by the county or county stormwater 25 management planning committee regulations equals or exceeds 26 the protection provided by the Department; and (ii) that the 27 county or county stormwater management planning committee has 28 adequate administration and enforcement mechanisms. To make 29 this finding, the Department must find that the county or 30 county stormwater management planning committee's program 31 incorporates reasonable notice, comment, and hearing 32 procedures. In making its decision regarding an application 33 made by a county or county stormwater management planning -11- LRB9215300LBprA 1 committee, the Department shall give appropriate deference to 2 counties and county stormwater management planning committees 3 with substantial experience in managing programs that protect 4 wetland functions. 5 (b) County wetland protection bodies issuing permits 6 under this Section shall provide copies of those permits to 7 the Department. The Department shall be the permitting agency 8 for applications for State regulated activities that affect 9 wetlands located in more than one county or activities where 10 the county wetland protection body is itself the permit 11 applicant. 12 (c) County wetland protection bodies may charge a 13 reasonable fee to permit applicants to raise funds for use in 14 administering and enforcing the county wetland protection 15 body's wetland regulations. 16 (d) The Department may withdraw approval of a county 17 wetland protection body's application for issuance of permits 18 in lieu of the Department for any county wetland protection 19 body program that fails to administer and enforce regulations 20 equaling or exceeding the overall protection of wetland 21 functions of the program of the Department. 22 Section 60. Creation, restoration, and compensation; 23 mitigation banks. The Department shall encourage private 24 landowners, local governments, other State agencies, land 25 trusts, and others to restore wetlands in order to achieve 26 the long-term goal of a net gain in wetland resources. The 27 Department shall provide technical assistance to agencies, 28 organizations, and individuals in planning and carrying out 29 restoration projects. The Department shall identify possible 30 restoration sites in cooperation with other organizations. 31 The Department shall adopt guidelines and educational 32 materials for restoration projects and may carry out 33 restoration research and demonstration projects. -12- LRB9215300LBprA 1 When a permit applicant proposes wetland restoration, 2 creation, or enhancement to compensate for damage to a 3 wetland, the Department shall consider the risk of failure of 4 the impact reduction and compensation measures and may 5 require that permit applicant to implement compensation 6 measures prior to undertaking the proposed activity. 7 The Department may not accept as an impact reduction or 8 compensation measure any measure that creates or restores, on 9 a pro rata basis, less than 1.5 acres of wetland for every 1 10 acre of wetland disturbed by a regulated activity. In 11 deciding whether the compensation ratio proposed by the 12 project applicant is sufficient to provide no net loss of 13 wetland functions and acreage, the Department shall consider: 14 (1) the sensitivity of the wetland type; 15 (2) the success of other efforts to restore this 16 wetland type; 17 (3) the length of time it will take before a 18 compensation wetland will become fully functioning; 19 (4) the degree of difficulty that will be 20 encountered in creating or restoring wetland hydrology in 21 this setting; 22 (5) the adequacy of the overall project design; 23 (6) the threats, if any, posed to the compensation 24 wetland by pollution or other activities; 25 (7) the adequacy of proposed protection and 26 management measures for the proposed compensation 27 wetland; 28 (8) the extent to which monitoring and mid-course 29 correction capabilities are proposed; 30 (9) the extent to which bonds or other assurances 31 are provided to insure long-term success; and 32 (10) any other factors the Department determines to 33 be relevant. 34 The Department may use the compensation ratios -13- LRB9215300LBprA 1 established under the Illinois Interagency Wetland Policy Act 2 of 1989 and its implementing regulations and guidelines to 3 establish minimum compensation ratios under this Act. Ratios 4 shall be higher for compensation activities performed outside 5 the immediate sub-watershed where the regulated activity will 6 occur. Compensatory activities shall normally occur in the 7 same county as that of the wetland to be affected by the 8 permitted activity. 9 The Department may also authorize permit applicants, in 10 appropriate circumstances, to compensate for loss of wetland 11 functions by utilizing wetland mitigation banks. The 12 Department may authorize a permit applicant to use a bank if 13 there is no practicable onsite alternatives and using the 14 bank will provide a net benefit in wetland functions and 15 acreage. The Department may permit some combination of onsite 16 impact reduction, compensation measures, and offsite 17 mitigation banks. 18 Section 70. Exemptions. 19 (a) Except as provided in subsection (b) of this 20 Section, the following activities are not prohibited by or 21 otherwise subject to regulation under this Act: 22 (1) normal farming, silviculture, or ranching 23 activities such as plowing, seeding, cultivating, minor 24 drainage, harvesting for the production of food, fiber, 25 and forest products, and upland soil and water 26 conservation practices; 27 (2) maintenance, including emergency reconstruction 28 of recently damaged parts, of currently serviceable 29 structures such as dikes, dams, levees, groins, riprap, 30 breakwaters, causeways, bridge abutments or approaches, 31 and transportation structures; 32 (3) construction or maintenance of farm or stock 33 ponds or irrigation ditches, or the maintenance, but not -14- LRB9215300LBprA 1 construction of drainage ditches; 2 (4) construction of temporary sedimentation basins 3 on a construction site that does not include any 4 regulated activities within or affecting a wetland; and 5 (5) construction or maintenance of farm roads, 6 forest roads, or temporary roads for moving mining 7 equipment, where the roads are constructed and maintained 8 in accordance with best management practices to assure 9 that flow and circulation patterns and chemical and 10 biological characteristics of wetlands are not impaired, 11 that the reach of wetlands is not reduced, and that any 12 adverse effect on the aquatic environment will be 13 otherwise minimized. 14 (b) Any regulated activity having as its purpose 15 bringing a wetland into a use to which it was not previously 16 subjected, where the flow or circulation of waters may be 17 impaired, or where the reach of the wetlands shall be 18 reduced, shall be required to have a permit. 19 (c) Any regulated activity for which a permit has been 20 obtained pursuant to Section 404 of the Clean Water Act or 21 pursuant to the Interagency Wetland Policy Act of 1989 is not 22 prohibited by or otherwise subject to regulation under this 23 Act. 24 Section 80. Administrative appeals. 25 (a) Any permit applicant who has been denied a permit in 26 whole or in part, and any person who participated in the 27 permit proceeding and who is aggrieved by a decision of the 28 Department to grant a permit in whole or in part, may appeal 29 the decision to the Director of the Department within 30 days 30 of the permit grant or denial. 31 (b) Any county or county stormwater management planning 32 committee that has had an application filed under Section 33 50(a) of this Act denied in whole or in part or that has been -15- LRB9215300LBprA 1 subject to a withdrawal of approval under Section 50(d) of 2 this Act may appeal the denial or withdrawal to the Director 3 of the Department within 30 days of the denial or withdrawal. 4 Section 85. Judicial appeals. A person, county, or 5 county stormwater management planning committee aggrieved by 6 a decision made pursuant to this Act, including a decision of 7 the Director or the Department, may, after exhausting the 8 available administrative appeals, seek judicial review of the 9 decision pursuant to the Administrative Review Act. 10 Section 90. Penalties; enforcement. 11 (a) A person who directly or through any employee or 12 agent knowingly violates this Act or any rule established 13 under this Act is guilty of a Class A misdemeanor. 14 Conservation police officers, other employees designated by 15 the Director of the Department, sheriffs, and other police 16 officers shall enforce this Act and the rules promulgated 17 under this Act and are empowered to arrest any person 18 detected in violation of this Act. Each violation of this Act 19 shall be a separate offense, and in the case of continuing 20 violation, each day's continuance shall be deemed to be a 21 separate and distinct offense. 22 (b) A person who violates this Act or the rules 23 promulgated under this Act or causes a violation by his or 24 her employee or agent, shall be liable for a civil penalty 25 not to exceed $50,000 for the original violation and an 26 additional civil penalty not to exceed $10,000 for each day 27 during which any loss of wetland functions caused by the 28 violation continues. The penalty shall be recovered in an 29 action brought by the Attorney General or the State's 30 Attorney in the circuit court. In determining the appropriate 31 civil penalty to be imposed, the circuit court may consider 32 any matters of record concerning mitigating or aggravating -16- LRB9215300LBprA 1 factors for determining the penalty, including but not 2 limited to the following: 3 (1) the duration and gravity of the violation; 4 (2) the presence or absence of due diligence on the 5 part of the violator in attempting to comply with the 6 requirements of this Act and the rules promulgated under 7 this Act or to secure relief as provided by this Act; 8 (3) any economic benefits received by the violator 9 from the violation of this Act; 10 (4) the amount of monetary penalty that will serve 11 to deter further violations by the violator and to 12 otherwise aid in enhancing voluntary compliance with this 13 Act by the violator and other persons similarly subject 14 to this Act; and 15 (5) the number, proximity in time, and gravity of 16 previously adjudicated violations of this Act by the 17 violator. 18 (c) The Department may terminate a permit if the holder 19 violates any condition of the permit, obtains a permit by 20 misrepresentation, or fails to disclose relevant facts. 21 (d) The Attorney General, or the State's Attorney of the 22 county where the affected wetland is located, may, upon his 23 or her own motion or upon request of the Department, 24 institute a civil action in circuit court for an injunction 25 or other appropriate legal action to restrain a violation of 26 this Act or of any rule adopted under this Act. In the 27 proceeding the court shall determine whether a violation has 28 been committed or is likely to occur, and shall enter any 29 order it considers necessary to remove the effects of the 30 violation and to prevent the violation from occurring, 31 continuing, or being renewed in the future. An order may 32 include a requirement that the violator restore the affected 33 wetland area, including a provision that, if the violator 34 does not comply by restoring the wetland within a reasonable -17- LRB9215300LBprA 1 time, the Department may restore the wetland to its condition 2 prior to the violation and the violator shall be liable to 3 the Department for the cost of restoration. 4 (e) Any penalty assessed pursuant to this Act, including 5 costs of wetland restoration and any restoration 6 requirements, shall be recorded by the clerk of the court as 7 a lien against the land and shall not be removed until the 8 penalty is paid or the restoration is completed. 9 (f) All costs, fees, and expenses in connection with an 10 enforcement or restoration action shall be assessed as 11 damages against the violator. 12 (g) All penalties collected by the Department under this 13 Section shall be deposited into the Wetlands Protection Fund. 14 (h) Enforcement actions under this Section may be 15 concurrent or separate. 16 Section 100. Wetland Protection Fund. All fees collected 17 by the Department pursuant to this Act shall be deposited 18 into the Wetlands Protection Fund, which is hereby created as 19 a special fund in the State Treasury. In addition to any 20 moneys appropriated from the General Revenue Fund, the 21 Illinois General Assembly shall appropriate moneys in the 22 Wetlands Protection Fund to the Department and the Agency in 23 amounts deemed necessary to implement this Act. 24 Section 110. Preemption. Nothing in this Act shall be 25 construed as a limitation or preemption of any statutory or 26 regulatory authority arising under the Environmental 27 Protection Act or Section 5-1062 of the Counties Code. 28 Section 300. The State Finance Act is amended by adding 29 Section 5.570 as follows: 30 (30 ILCS 105/5.570 new) 31 Sec. 5.570. The Wetlands Protection Fund. -18- LRB9215300LBprA 1 Section 999. Effective date. This Act takes effect upon 2 becoming law.