Ill. Admin. Code tit. 17 § 1535.5

Current through Register Vol. 48, No. 24, June 14, 2024

Section 1535.5 - Records and Reporting

a) Records of the Timber Buyer.

A timber buyer shall retain the books, accounts, records, proof of ownership, or other documentation required under this Act or administrative rule used in the conduct of the buyer's business for a period of 3 years after any purchase, cutting, or transportation of timber made by the timber buyer or buyer's employee. [225 ILCS 735/9 ]

b) Harvest Fee - Reporting.

1)When a timber buyer buys timber in this State, the timber buyer shall file a report to the Department on a report form provided by the Department. [225 ILCS 735/9a(b) ] Each timber purchase shall be fully reported by the timber buyer no later than 30 days from the end of each yearly quarter that the timber purchase occurred. Such report shall be on the Department provided reporting form and shall include the following information:

A) date of purchase. For all purposes, except the payment of harvest fees, the date of purchase shall be the date the purchase agreement was made;

B) date of payments;

C) amount of payments;

D) amount of harvest fee;

E) date harvest fee sent to Illinois Department of Natural Resources;

F) name, address and telephone number of timber grower;

G) quantity of board feet and species of high value timber that is being reported;

H) estimated quantity of board feet and species of low value timber that is being reported, and

I) any other information as required by the Department.

2) Timber Grower Report of Utilization

A)Every timber grower who utilizes timber produced on land the timber grower owns or operates for sawing into lumber for processing or for resale, shall report periodically, as required by this Act or administrative rule of the Department, the quantity, value, and species of timber produced and utilized by the owner or operator during the reporting period. [225 ILCS 735/9a(d) ]

B) Each Timber Grower Report of Utilization shall be fully reported by the timber grower no later than 30 days from the end of each yearly quarter that the timber utilization occurred. Such report shall be on the Department provided reporting form and shall include the following information:

i) quantity of board feet and species of the timber produced and utilized by the timber grower;

ii) the minimum fair market stumpage value of the timber that was produced on the timber grower's land and utilized by the timber grower;

iii) parcel identification number of where the timber was grown;

iv) amount of harvest fee;

v) date harvest fee sent to Illinois Department of Natural Resources;

vi) name, address and telephone number of timber grower; and

vii) any other information as required by the Department.

3) Liability Insurance Changes or Cancellation

A) Any licensed timber buyer that cancels or alters their liability insurance shall inform the Department in writing within 14 days of the cancellation or alteration of such policy.

B) Unless the timber buyer is cancelling or surrendering their license to the Department, a notification to the Department of a cancellation or alteration of liability insurance shall also include a new certificate of insurance showing the new or altered insurance policy that has been issued to the timber buyer. Such new or altered insurance policy must conform to all requirements of the Act and this Part.

C)At any such time as a licensee fails to have the necessary liability insurance, as required herein, the Department may immediately, and without notice, suspend the privileges of such licensee. In the event of such suspension, the Department shall give immediate notice of the same to the licensee and shall further reinstate such license upon filing with the Department a certificate of liability insurance that conforms to the requirements of this Act. [225 ILCS 735/4 ]

Ill. Admin. Code tit. 17, § 1535.5

Amended at 27 Ill. Reg. 7761, effective April 21, 2003

Amended at 48 Ill. Reg. 8643, effective 5/30/2024