415 ILCS 95/ Junkyard Act. - Illinois Statutes

(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) (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) (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) (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) (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)     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) (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) (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)
    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) (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) (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.)