Illinois Compiled Statutes 70 ILCS 405 — Soil and Water Conservation Districts Act.

Short title

Short title. This Act shall be known and may be cited as the "Soil and Water Conservation Districts Act". (Source: P.A. 80-159.)

Declaration of policy

Declaration of policy. The General Assembly declares it to be in the public interest to provide (a) for the conservation of the soil, soil health, soil resources, organic matter in soil and plants, water quality and water resources of this State, (b) for the control and prevention of soil erosion, (c) for the preventio…

Definitions

Definitions. As used in this Act, unless the context clearly otherwise requires, the terms defined in the Sections following this Section and preceding Section 4 have the meanings ascribed to them in those Sections. (Source: P.A. 97-813, eff. 7-13-12.)

"District" or "soil and water conservation district" means a public body corporate and politic, organized in accordance with this Act

"District" or "soil and water conservation district" means a public body corporate and politic, organized in accordance with this Act. (Source: P.A. 80-159.)

"Director" means one of the members of the governing body of a district, elected or appointed in accordance with this Act

"Director" means one of the members of the governing body of a district, elected or appointed in accordance with this Act. (Source: P.A. 80-159.)

"Department" means the Department of Agriculture of this State

"Department" means the Department of Agriculture of this State. (Source: P.A. 80-159.)

"State" means the State of Illinois

"State" means the State of Illinois. (Source: P.A. 80-159.)

"Agency of this State" includes the government of this State and any subdivision, agency, or instrumentality thereof

"Agency of this State" includes the government of this State and any subdivision, agency, or instrumentality thereof. (Source: P.A. 80-159.)

"United States" includes the United States of America, the Soil Conservation Service of the United States Department of Agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America. (Source: P.A. 80-159.)

"Land owner" or "owner of land" includes any individual of legal voting age, firm, or corporation who holds legal or equitable title to any land lying within a district organized or proposed to be organized under this Act. For the purposes of this Act, a list of the persons who appear from the tax assessment rolls of t…

"Land occupier" or "occupier of land" includes any individual of legal voting age, firm or corporation, other than the owner, who is in legal possession of any land lying within a district organized or proposed to be organized under this Act, whether as lessee, renter, tenant or otherwise. (Source: P.A. 80-159.)

"Due Notice" means notice given in accordance with Section 31 of this Act

"Due Notice" means notice given in accordance with Section 31 of this Act. (Source: P.A. 80-159.)

"Proxy" means a written authorization complying with Section 32 of this Act

"Proxy" means a written authorization complying with Section 32 of this Act. (Source: P.A. 80-159.)

"Person" means any owner of land or the owner's designated agent including any individual, partnership, firm, association, joint venture, corporation, trust, estate, commission, board, public or private institution, unit of local government, school district, political subdivision of this State, State agency, any inters…

"Land disturbing activity" means any change in land, which may result in soil erosion from water or wind and the movement of sediments into state waters or on to lands in the State, including but not limited to, the tilling, clearing, grading, excavating, rehabilitating, transporting, depositing or filling of land, oth…

"Waters" means any and all waters, public or private, on the surface of the ground, which are wholly or partially contained within, flow through or border upon this State

"Waters" means any and all waters, public or private, on the surface of the ground, which are wholly or partially contained within, flow through or border upon this State. (Source: P.A. 80-159.)

"Erosion and sediment control plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land disturbing activity

"Erosion and sediment control plan" or "plan" means a plan for the control of soil erosion and sediment resulting from a land disturbing activity. (Source: P.A. 80-159.)

"Conservation standard" or "standard" means any standard adopted by the Department or the districts under this Act

"Conservation standard" or "standard" means any standard adopted by the Department or the districts under this Act. (Source: P.A. 80-159.)

"Guideline" means a guide or recommendation to be used by districts in developing a program and standards for erosion and sediment control

"Guideline" means a guide or recommendation to be used by districts in developing a program and standards for erosion and sediment control. (Source: P.A. 80-159.)

"Board" means the State Soil and Water Conservation Districts Advisory Board appointed under Section 4 of this Act with which the Department and the soil and water conservation district respectively consult and advise with regard to the erosion and sediment control provisions of this Act. (Source: P.A. 80-159.)

"Point source discharge" means any discernible, confined, discrete conveyance of pollutants to waters through pipes or conduits from sewage treatment plants or industrial processes

"Point source discharge" means any discernible, confined, discrete conveyance of pollutants to waters through pipes or conduits from sewage treatment plants or industrial processes. (Source: P.A. 80-159.)

"Enduring erosion and sediment control device, structure or practice" means and includes any device, structure or practice designed for the control and prevention of soil erosion and air and water pollution for a period in excess of one year. (Source: P.A. 80-159.)

"Aggrieved party" means any person whose property, resources, interest or responsibility is being injured or impeded in value or utility or any other manner by the adverse effects of sediment caused by soil erosion. (Source: P.A. 80-159.)

"Willful or wanton misconduct" means a course of action which shows an actual or deliberate intention to cause harm or which, if not intentional, shows an utter indifference to or conscious disregard for the safety of others or their property. (Source: P.A. 86-1173.)

"Soil health" means the overall composition of the soil, including the amount of organic matter stored in the soil, and the continued capacity of soil to function as a vital living ecosystem that sustains plants, animals, and humans. (Source: P.A. 101-484, eff. 1-1-20.)