State of Illinois
90th General Assembly
Legislation

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[ House Amendment 001 ]

90_HB0565

      55 ILCS 5/5-1062          from Ch. 34, par. 5-1062
      55 ILCS 5/5-1062.1        from Ch. 34, par. 5-1062.1
          Amends the Counties Code by making technical  changes  to
      Sections concerning storm water management.
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 1        AN  ACT  to  amend the Counties Code by changing Sections
 2    5-1062 and 5-1062.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Counties  Code  is amended by changing
 6    Sections 5-1062 and 5-1062.1 as follows:
 7        (55 ILCS 5/5-1062) (from Ch. 34, par. 5-1062)
 8        Sec. 5-1062. Stormwater management.
 9        (a)  The purpose of this Section is to  allow  management
10    and  mitigation  of the effects of urbanization on stormwater
11    drainage in metropolitan counties located in the area  served
12    by   the   Northeastern  Illinois  Planning  Commission,  and
13    references to "county" in this Section shall  apply  only  to
14    those  counties.   This Section shall not apply to any county
15    with a population in excess of 1,500,000, except as  provided
16    in  subsection  (c).  The  purpose  of  this Section shall be
17    achieved by:
18             (1)  consolidating    the    existing     stormwater
19        management framework into a united, countywide structure;
20             (2)  setting  minimum  standards  for floodplain and
21        stormwater management; and
22             (3)  preparing a countywide plan for the  management
23        of stormwater runoff, including the management of natural
24        and  man-made  drainageways.   The  countywide  plan  may
25        incorporate watershed plans.
26        (b)  A  stormwater management planning committee shall be
27    established by county board resolution, with  its  membership
28    consisting  of  equal  numbers  of county board and municipal
29    representatives from each county board district, and any such
30    other members that as may be determined  by  the  county  and
31    municipal  members.   However,  if the county has more than 6
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 1    county board districts, the county  board  may  by  ordinance
 2    divide the county into not less than 6 areas of approximately
 3    equal   population,  to  be  used  instead  of  county  board
 4    districts for the purpose of  determining  representation  on
 5    the stormwater management planning committee.
 6        The  county  board  members  shall  be  appointed  by the
 7    chairman of the county board.  Municipal  members  from  each
 8    county  board  district  or  other  represented area shall be
 9    appointed  by  a  majority  vote  of  the  mayors  of   those
10    municipalities  which  have  the greatest percentage of their
11    respective populations residing in such county board district
12    or other represented area.  All municipal  and  county  board
13    representatives  shall  be  entitled  to  a  vote;  the other
14    members shall be nonvoting members, unless authorized to vote
15    by the unanimous consent of the municipal  and  county  board
16    representatives.  A municipality that is located in more than
17    one county may choose,  at  the  time  of  formation  of  the
18    stormwater   management   planning  committee  and  based  on
19    watershed  boundaries,  to  participate  in  the   stormwater
20    management   planning  program  of  either  or  both  of  the
21    counties. Subcommittees of the stormwater management planning
22    committee may be established to serve a portion of the county
23    or a particular drainage basin that  has  similar  stormwater
24    management   needs.    The   stormwater  management  planning
25    committee shall adopt by-laws, by  a  majority  vote  of  the
26    county  and municipal members, to govern the functions of the
27    committee and its subcommittees. Officers  of  the  committee
28    shall  include a chair and vice chair, one of whom shall be a
29    county representative and one a municipal representative.
30        The principal duties of the committee shall be to develop
31    a stormwater management plan for presentation to and approval
32    by the county board, and to direct the plan's  implementation
33    and revision. The committee may retain engineering, legal and
34    financial  advisors  and inspection personnel.  The committee
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 1    shall meet at least quarterly and shall  hold  at  least  one
 2    public  meeting  during the preparation of the plan and prior
 3    to its submittal to the county board.
 4        (c)  In the preparation of a stormwater management  plan,
 5    a  county  stormwater  management  planning  committee  shall
 6    coordinate the planning process with each adjoining county to
 7    ensure  that  recommended  stormwater  projects  will have no
 8    significant impact on the levels or flows of  stormwaters  in
 9    inter-county  watersheds  or  on the capacity of existing and
10    planned  stormwater   retention   facilities.    An   adopted
11    stormwater  management plan shall identify steps taken by the
12    county to coordinate the development of plan  recommendations
13    with adjoining counties.
14        (d)  Before  the stormwater management planning committee
15    recommends to the county board a stormwater  management  plan
16    for the county or a portion thereof, it shall submit the plan
17    to the Office of Water Resources of the Department of Natural
18    Resources   and   to   the   Northeastern  Illinois  Planning
19    Commission for review and recommendations.   The  Office  and
20    the  Commission,  in  reviewing the plan, shall consider such
21    factors as impacts on the  levels  or  flows  in  rivers  and
22    streams  and  the cumulative effects of stormwater discharges
23    on  flood  levels.   The  Office  of  Water  Resources  shall
24    determine whether the plan or ordinances enacted to implement
25    the plan complies with the requirements  of  subsection  (f).
26    Within  a  period  not to exceed 60 days, the review comments
27    and recommendations shall  be  submitted  to  the  stormwater
28    management   planning   committee   for  consideration.   Any
29    amendments to the plan shall be submitted to the  Office  and
30    the Commission for review.
31        (e)  Prior  to recommending the plan to the county board,
32    the stormwater management planning committee  shall  hold  at
33    least  one public hearing thereon and shall afford interested
34    persons an opportunity to be heard.   The  hearing  shall  be
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 1    held  in  the  county  seat.   Notice of the hearing shall be
 2    published at least once no  less  than  15  days  in  advance
 3    thereof  in  a  newspaper of general circulation published in
 4    the county.  The notice shall state the time and place of the
 5    hearing and the place where copies of the proposed plan  will
 6    be  accessible  for examination by interested parties.  If an
 7    affected municipality having  a  stormwater  management  plan
 8    adopted  by  ordinance  wishes to protest the proposed county
 9    plan provisions, it shall appear at the hearing and submit in
10    writing  specific  proposals  to  the  stormwater  management
11    planning committee.    After  consideration  of  the  matters
12    raised at the hearing, the committee may amend or approve the
13    plan and recommend it to the county board for adoption.
14        The   county   board  may  enact  the  proposed  plan  by
15    ordinance.  If the proposals for  modification  of  the  plan
16    made   by   an  affected  municipality  having  a  stormwater
17    management plan are not included in the proposed county plan,
18    and the municipality affected by the plan opposes adoption of
19    the county plan by resolution of its  corporate  authorities,
20    approval of the county plan shall require an affirmative vote
21    of  at  least  two-thirds of the county board members present
22    and voting.  If the county board wishes to amend  the  county
23    plan,  it  shall  submit in writing specific proposals to the
24    stormwater management planning committee.  If  the  proposals
25    are  not  approved  by  the  committee,  or  are  opposed  by
26    resolution  of  the  corporate  authorities  of  an  affected
27    municipality  having  a municipal stormwater management plan,
28    amendment of the plan shall require an affirmative vote of at
29    least two-thirds of the  county  board  members  present  and
30    voting.
31        (f)  The   county   board   may  prescribe  by  ordinance
32    reasonable rules and regulations  for  floodplain  management
33    and  for  governing  the  location, width, course and release
34    rate of all stormwater runoff channels, streams and basins in
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 1    the  county,  in  accordance  with  the  adopted   stormwater
 2    management  plan.   These  rules  and regulations shall, at a
 3    minimum,  meet  the  standards  for   floodplain   management
 4    established   by  the  Office  of  Water  Resources  and  the
 5    requirements of the Federal Emergency Management  Agency  for
 6    participation in the National Flood Insurance Program.
 7        (g)  In  accordance  with,  and  if  recommended  in, the
 8    adopted stormwater management  plan,  the  county  board  may
 9    adopt  a schedule of fees as may be necessary to mitigate the
10    effects of increased stormwater  runoff  resulting  from  new
11    development.    The   fees  shall  not  exceed  the  cost  of
12    satisfying  the  onsite  stormwater  retention  or  detention
13    requirements of the adopted stormwater management plan.   The
14    fees  shall  be  used to finance activities undertaken by the
15    county or its included municipalities to mitigate the effects
16    of urban stormwater runoff by providing  regional  stormwater
17    retention  or  detention  facilities,  as  identified  in the
18    county plan.  All such fees collected by the county shall  be
19    held  in  a  separate fund, and shall be expended only in the
20    watershed within which they were collected.
21        (h)  For the purpose of implementing this Section and for
22    the development, design,  planning,  construction,  operation
23    and  maintenance of stormwater facilities provided for in the
24    stormwater  management  plan,  a  county   board   that   has
25    established   a   stormwater  management  planning  committee
26    pursuant to this Section may cause an annual tax  of  not  to
27    exceed  0.20%  of  the value, as equalized or assessed by the
28    Department of Revenue, of all taxable property in the  county
29    to  be  levied  upon  all the taxable property in the county.
30    The tax shall be in addition to all other taxes authorized by
31    law to be levied and collected in the county and shall be  in
32    addition  to  the  maximum  tax  rate  authorized  by law for
33    general county purposes.  The 0.20%  limitation  provided  in
34    this  Section  may be increased or decreased by referendum in
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 1    accordance with the provisions of  Sections  18-120,  18-125,
 2    and 18-130 of the Property Tax Code.
 3        Any  revenues  generated  as  a  result  of  ownership or
 4    operation of facilities or land acquired with the  tax  funds
 5    collected  pursuant to this subsection (h) shall be held in a
 6    separate fund and be used either to abate such  property  tax
 7    or for implementing this Section.
 8        However,  unless  at  least  part  of the county has been
 9    declared after July 1, 1986 by presidential  proclamation  to
10    be  a  disaster  area  as  a  result  of  flooding,  the  tax
11    authorized  by  this subsection (h) shall not be levied until
12    the question of its adoption, either for a  specified  period
13    or  indefinitely,  has been submitted to the electors thereof
14    and approved by a majority of those voting on  the  question.
15    This  question  may  be submitted at any election held in the
16    county after the adoption of a resolution by the county board
17    providing for the submission of the question to the  electors
18    of the county.  The county board shall certify the resolution
19    and  proposition  to the proper election officials, who shall
20    submit the proposition at an election in accordance with  the
21    general election law.  If a majority of the votes cast on the
22    question  is  in  favor  of  the  levy  of  the  tax,  it may
23    thereafter be levied in the county for the  specified  period
24    or indefinitely, as provided in the proposition. The question
25    shall be put in substantially the following form:
26    -------------------------------------------------------------
27        Shall an annual tax be levied
28    for stormwater management purposes            YES
29    (for a period of not more than
30    ...... years) at a rate not exceeding      ------------------
31    .....% of the equalized assessed
32    value of the taxable property of              NO
33    ........ County?
34    -------------------------------------------------------------
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 1        (i)  Upon  the  creation  and  implementation of a county
 2    stormwater management  plan,  the  county  may  petition  the
 3    circuit  court  to  dissolve  any  or  all drainage districts
 4    created under pursuant  to  the  Illinois  Drainage  Code  or
 5    predecessor  Acts  which are located entirely within the area
 6    of the county covered by the plan.
 7        However, any active drainage district implementing a plan
 8    that is consistent with and at  least  as  stringent  as  the
 9    county stormwater management plan may petition the stormwater
10    management planning committee for exception from dissolution.
11    Upon  filing  of the petition, the committee shall set a date
12    for hearing not less than 2 weeks, nor  more  than  4  weeks,
13    from  the  filing  thereof,  and  the committee shall give at
14    least one week's  notice  of  the  hearing  in  one  or  more
15    newspapers of general circulation within the district, and in
16    addition  shall  cause  a copy of the notice to be personally
17    served upon each of the trustees of  the  district.   At  the
18    hearing, the committee shall hear the district's petition and
19    allow  the  district  trustees  and any interested parties an
20    opportunity  to  present  oral  and  written  evidence.   The
21    committee shall render its decision  upon  the  petition  for
22    exception  from  dissolution based upon the best interests of
23    the residents  of  the  district.   In  the  event  that  the
24    exception  is  not  allowed, the district may file a petition
25    within 30 days of the decision with the  circuit  court.   In
26    that  case, the notice and hearing requirements for the court
27    shall be the same as herein provided for the  committee.  The
28    court  shall  likewise  render  its  decision  of  whether to
29    dissolve the  district  based  upon  the  best  interests  of
30    residents of the district.
31        The dissolution of any drainage district shall not affect
32    the  obligation of any bonds issued or contracts entered into
33    by  the  district  nor  invalidate  the  levy,  extension  or
34    collection of any  taxes  or  special  assessments  upon  the
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 1    property  in  the former drainage district.  All property and
 2    obligations of the former drainage district shall be  assumed
 3    and  managed  by  the  county,  and  the  debts of the former
 4    drainage district shall be discharged as soon as practicable.
 5        If a drainage district lies only partly within  a  county
 6    that  adopts  a county stormwater management plan, the county
 7    may  petition  the  circuit  court  to  disconnect  from  the
 8    drainage district that portion  of  the  district  that  lies
 9    within  that  county.   The property of the drainage district
10    within the disconnected area shall be assumed and managed  by
11    the  county.   The  county shall also assume a portion of the
12    drainage district's debt at the time of disconnection,  based
13    on  the  portion  of the value of the taxable property of the
14    drainage district which is  located  within  the  area  being
15    disconnected.
16        The operations of any drainage district that continues to
17    exist  in  a  county that has adopted a stormwater management
18    plan in accordance with this Section shall be  in  accordance
19    with the adopted plan.
20        (j)  Any  county  that  has  adopted  a county stormwater
21    management plan under this Section may, after 10 days written
22    notice to the owner or occupant,  enter  upon  any  lands  or
23    waters  within  the  county  for  the  purpose  of inspecting
24    stormwater  facilities  or  causing  the   removal   of   any
25    obstruction  to an affected watercourse.  The county shall be
26    responsible for any damages occasioned thereby.
27        (k)  Upon petition of the municipality, and  based  on  a
28    finding  of the stormwater management planning committee, the
29    county shall not enforce rules and regulations adopted by the
30    county in any municipality located wholly  or  partly  within
31    the   county  that  has  a  municipal  stormwater  management
32    ordinance that is consistent with and at least  as  stringent
33    as  the  county  plan and ordinance, and is being enforced by
34    the municipal authorities.
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 1        (l)  A county may  issue  general  obligation  bonds  for
 2    implementing  any  stormwater plan adopted under this Section
 3    in the manner prescribed in Section 5-1012; except  that  the
 4    referendum  requirement  of Section 5-1012 shall not apply to
 5    bonds issued pursuant to this Section on which the  principal
 6    and  interest  are to be paid entirely out of funds generated
 7    by the taxes and fees authorized by this Section.
 8        (m)  The  powers  authorized  by  this  Section  may   be
 9    implemented  by  the county board for a portion of the county
10    subject to similar stormwater management needs.
11        (n)  The powers and taxes authorized by this Section  are
12    in  addition  to  the powers and taxes authorized by Division
13    5-15; in exercising its powers under this Section,  a  county
14    shall  not be subject to the restrictions and requirements of
15    that Division.
16        (o)  Pursuant to paragraphs (g) and (i) of Section  6  of
17    Article  VII  of  the  Illinois  Constitution,  this  Section
18    specifically  denies  and  limits  the  exercise of any power
19    which is inconsistent herewith by  home  rule  units  in  any
20    county  with  a population of less than 1,500,000 in the area
21    served by  the  Northeastern  Illinois  Planning  Commission.
22    This  Section  does  not  prohibit the concurrent exercise of
23    powers consistent herewith.
24    (Source: P.A. 88-670, eff. 12-2-94; 89-445, eff. 2-7-96.)
25        (55 ILCS 5/5-1062.1) (from Ch. 34, par. 5-1062.1)
26        Sec. 5-1062.1.  Stormwater management in Cook County.
27        (a)  The purpose of this Section is to  allow  management
28    and  mitigation  of the effects of urbanization on stormwater
29    drainage in Cook County, and this  Section  applies  only  to
30    Cook  County.   In  addition,  this  Section  is  intended to
31    improve stormwater and floodplain management in  Cook  County
32    by the following:
33             (1)  Setting  minimum  standards  for floodplain and
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 1        stormwater management.
 2             (2)  Preparing   plans   for   the   management   of
 3        floodplains  and   stormwater   runoff,   including   the
 4        management of natural and man-made drainage ways.
 5        (b)  The purpose of this Section shall be achieved by the
 6    following:
 7             (1)  Creating   6   stormwater  management  planning
 8        councils formed according to the  established  watersheds
 9        of  the  Chicago Metropolitan Area:  North Branch Chicago
10        River, Lower Des Plaines  Tributaries,  Cal-Sag  Channel,
11        Little Calumet River, Poplar Creek, and Upper Salt Creek.
12        In  addition  a  stormwater  management  planning council
13        shall be established for the combined sewer areas of Cook
14        County.   Additional   stormwater   management   planning
15        councils  may  be  formed  by  the  Stormwater Management
16        Planning  Committee  for  other  watersheds  within  Cook
17        County.   Membership  on  the  watershed  councils  shall
18        consist of the chief elected  official,  or  his  or  her
19        designee,  from each municipality and township within the
20        watershed and the Cook County Board President, or his  or
21        her  designee,  if  an unincorporated area is included in
22        the watershed.  A municipality or  township  shall  be  a
23        member   of  more  than  one  watershed  council  if  the
24        corporate boundaries of that  municipality,  or  township
25        entered   into   more  than  one  watershed,  or  if  the
26        municipality or township is served in  part  by  separate
27        sewers   and   combined  sewers.   Subcommittees  of  the
28        stormwater   management   planning   councils   may    be
29        established  to assist the stormwater management planning
30        councils  in  preparing  and  implementing  a  stormwater
31        management plan.  The councils may adopt bylaws to govern
32        the functioning of the stormwater management councils and
33        subcommittees.
34             (2)  Creating,  by  intergovernmental  agreement,  a
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 1        county-wide Stormwater Management Planning Committee with
 2        its membership consisting of the Chairman of each of  the
 3        watershed  management  councils,  the  Cook  County Board
 4        President or his designee, and the Northeastern  Illinois
 5        Planning Commission President or his designee.
 6             (3)  The  principal duties of the watershed planning
 7        councils shall be to develop a stormwater management plan
 8        for the watershed area and  to  recommend  the  plan  for
 9        adoption   to  the  units  of  local  government  in  the
10        watershed  area.   The  councils  shall  meet  at   least
11        quarterly  and  shall  hold  at  least one public hearing
12        during the preparation of  the  plan.   Adoption  of  the
13        watershed  plan  shall  be  by  each  municipality in the
14        watershed and by vote of the County Board.
15             (4)  The   principal   duty   of   the   county-wide
16        Stormwater Management Committee shall  be  to  coordinate
17        the  6 watershed plans as developed and to coordinate the
18        planning process with the adjoining  counties  to  ensure
19        that   recommended   stormwater  projects  will  have  no
20        significant adverse impact on  the  levels  or  flows  of
21        stormwater  in  the  inter-county  watershed  or  on  the
22        capacity  of  existing  and  planned stormwater retention
23        facilities.  The committee shall identify  in  an  annual
24        published   report   steps  taken  by  the  committee  to
25        coordinate the development of plan  recommendations  with
26        adjoining  counties.   The committee shall also publish a
27        coordinated stormwater document of all  activity  in  the
28        Cook  County  area  and  agreed  upon stormwater planning
29        standards.
30             (5)  The stormwater  management  planning  committee
31        shall  submit  the  coordinated  watershed  plans  to the
32        Office of Water Resources of the  Department  of  Natural
33        Resources  and  to  the  Northeastern  Illinois  Planning
34        Commission for review and recommendation.  The Office and
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 1        the  Commission,  in  reviewing  the plan, shall consider
 2        those factors as impact on the  level  or  flows  in  the
 3        rivers   and   streams  and  the  cumulative  effects  of
 4        stormwater  discharges  on  flood  levels.    The  review
 5        comments and recommendations shall be  submitted  to  the
 6        watershed councils for consideration.
 7             (6)  The  stormwater  management  planning committee
 8        may recommend rules  and  regulations  to  the  watershed
 9        councils  governing  the  location,  width,  course,  and
10        release rates of all stormwater runoff channels, streams,
11        and basins in the county.
12             (7)  The  Northwest  Municipal Conference, the South
13        Suburban Mayors and Managers Association,  and  the  West
14        Central Municipal Conference shall be responsible for the
15        coordination of this Section.
16    (Source: P.A. 88-649, eff. 9-16-94; 89-445, eff. 2-7-96.)

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