Bill Text: IL HB0307 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Drainage Code. In provisions imposing penalties for the destruction or removal of drainage tiles, provides that the penalties do not apply to a person or entity that obstructs, destroys, or removes agricultural drainage tile located on that person's or entity's property after a licensed hydrological engineer or other professional with similar qualifications determines that the obstruction, destruction, or removal of the agricultural drainage tile will not adversely impact water runoff in the drainage district. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0307 Detail]

Download: Illinois-2011-HB0307-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB0307 Introduced , by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED:
70 ILCS 605/12-7 from Ch. 42, par. 12-7
Amends the Illinois Drainage Code. In provisions imposing penalties for the destruction or removal of drainage tiles, provides that the penalties do not apply to a person or entity that obstructs, destroys, or removes agricultural drainage tile located on that person's or entity's property after a licensed hydrological engineer or other professional with similar qualifications determines that the obstruction, destruction, or removal of the agricultural drainage tile will not adversely impact water runoff in the drainage district. Effective immediately.
LRB097 06802 RLJ 46893 b
A BILL FOR
HB0307 LRB097 06802 RLJ 46893 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Drainage Code is amended by
changing Section 12-7 as follows:
(70 ILCS 605/12-7) (from Ch. 42, par. 12-7)
Sec. 12-7. Penalty for obstructing or injuring drain,
drainage structure, levee or pumping plant. Whoever wilfully
obstructs, injures or destroys any covered drain constructed
through the lands of others as provided in Section 2-6 2--6 of
this Act, or any other drain, levee, drainage structure or
pumping plant, whether private, mutual or district, is guilty
of a Class A misdemeanor. The dumping of trash, refuse or
debris into an open drain shall be treated and considered as
obstructing a drain.
The pollution of the water of any drain of any drainage
district shall be considered an injury to such drain, within
the meaning of this Section. Pollution shall be deemed to be
wilful, within the meaning of this Section, if the person, firm
or corporation responsible for such pollution shall allow the
same to continue for more than 60 days after written notice
from the commissioners to abate the same.
Whoever wilfully cuts or breaches any private, mutual or

HB0307 - 2 - LRB097 06802 RLJ 46893 b
district levee is guilty of a Class 3 felony.
Any fines collected under this Section for the obstruction,
injury or destruction of a district drain, drainage structure
or pumping plant or for the cutting or breaching of any
district levee shall be paid over to the district.
In addition to the criminal penalty imposed by this
Section, whoever wilfully or negligently obstructs, injures,
cuts, breaches or destroys a private, mutual or district drain
or drainage structure, levee or pumping plant is liable for the
cost of repairing or reconstructing the same and for any damage
to lands, crops or other property that may have resulted
therefrom.
This Section does not apply to a person or entity that
obstructs, destroys, or removes agricultural drainage tile
located on that person's or entity's property after a licensed
hydrological engineer or other professional with similar
qualifications determines that the obstruction, destruction,
or removal of the agricultural drainage tile will not adversely
impact water runoff in the district.
(Source: P.A. 77-2405.)
Section 99. Effective date. This Act takes effect upon
becoming law.