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Public Act 103-0221
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| SB1673 Enrolled | LRB103 30218 AWJ 56646 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Metropolitan Water Reclamation District Act |
is amended by changing Section 7h as follows:
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(70 ILCS 2605/7h)
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Sec. 7h. Stormwater management. |
(a) Stormwater management in Cook County shall be under |
the general
supervision of the Metropolitan Water Reclamation |
District of Greater
Chicago. The District has the authority to |
plan, manage, implement, and
finance activities relating to |
stormwater management in Cook County.
The authority of the |
District with respect to stormwater management extends
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throughout Cook County and is not limited to the area |
otherwise within the
territory and jurisdiction of the |
District under this Act.
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For the purposes of this Section, the term "stormwater |
management"
includes, without limitation, the management of |
floods and floodwaters.
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(b) The District may utilize the resources of cooperating |
local watershed
councils (including the stormwater management |
planning councils created under
Section 5-1062.1 of the |
Counties Code), councils of local governments, the
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Northeastern Illinois Planning Commission, and similar |
organizations and
agencies. The District may provide those |
organizations and agencies with
funding, on a contractual |
basis, for providing information to the District,
providing |
information to the public, or performing other activities |
related
to stormwater management.
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The District, in addition to other powers vested in it, |
may negotiate and enter into agreements with any county for |
the management of stormwater runoff in accordance with |
subsection (c) of Section 5-1062 of the Counties Code.
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The District may enter into intergovernmental agreements |
with Cook County or
other units of local government that are |
located in whole or in part outside
the District for the |
purpose of implementing the stormwater management plan
and |
providing stormwater management services in areas not included |
within the
territory of the District.
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(c) The District shall prepare and adopt by ordinance a |
countywide
stormwater management plan for Cook County. The |
countywide plan may
incorporate one or more separate watershed |
plans.
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Prior to adopting the countywide stormwater management |
plan, the District
shall hold at least one public hearing |
thereon and shall afford interested
persons an opportunity to |
be heard.
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(d) The District may prescribe by ordinance reasonable |
rules and regulations
for floodplain and stormwater management |
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and for governing the location, width,
course, and release |
rate of all stormwater runoff channels, streams, and
basins in |
Cook County, in accordance with the adopted stormwater |
management
plan. These rules and regulations shall, at a |
minimum, meet the standards
for floodplain management |
established by the Office of Water Resources of the
Department |
of Natural Resources and the requirements of the Federal |
Emergency
Management Agency for participation in the National |
Flood Insurance Program.
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The ordinance adopted by the District under this |
subsection may provide for a civil penalty for each violation |
of the ordinance of not less than $100 nor more than $1,000, |
excluding costs and fees that may be assessed under this |
Section. Each day's continuance of a violation is a separate |
offense. |
(d-5) Civil penalties assessed by the board of |
commissioners for violations of an ordinance adopted under |
subsection (d) shall be assessed following a hearing, which |
may be conducted by the board of commissioners or its |
designee, pursuant to procedures adopted by the board of |
commissioners. The procedures shall include, at a minimum, the |
following: |
(1) In addition to any civil penalty imposed, the |
board of commissioners may order a party found to have |
committed a violation of an ordinance adopted under |
subsection (d) to reimburse the District for the costs of |
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the hearing, including any expenses incurred for |
inspection, sampling, analysis, administrative costs, and |
court reporter's and attorney's fees, and to comply with |
the ordinance adopted under subsection (d) within a time |
specified by the board of commissioners. |
(2) Unless the party or parties to whom the order is |
issued seek judicial review, the civil penalties, costs, |
and fees assessed by the board of commissioners under this |
Section shall be paid by the party or parties in violation |
no later than the later of (i) 35 days after the party |
receives a written copy of the order of the board of |
commissioners imposing the civil penalties, costs, or fees |
or (ii) the date ordered by the board of commissioners. |
(3) If the party assessed a civil penalty seeks |
judicial review of the order assessing civil penalties, |
the party shall, no later than 35 days after the date of |
the final order, pay the amount of the civil penalties, |
costs, and fees assessed into an escrow account maintained |
by the District for that purpose or file a bond |
guaranteeing payment of the civil penalties, fees, and |
costs if the civil penalties, fees, and costs are upheld |
on review. |
(4) In addition to recovery under paragraph (5), civil |
penalties, fees, and costs not paid by the times specified |
in this subsection are delinquent and are subject to a |
lien recorded against the property of the party ordered to |
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pay the civil penalty. |
(5) Civil penalties, fees, and costs imposed under |
this Section are recoverable by the District in a civil |
action by all remedies available under the law. Judgment |
in a civil action brought by the District to recover or |
collect the civil penalties, fees, and costs does not |
operate as a release and waiver of a lien upon the real |
estate for the amount of the judgment. Only satisfaction |
of the judgment or the filing of a release or satisfaction |
of lien shall release the lien. |
(6) The District may apply to the circuit court for an |
injunction or mandamus when, in the opinion of the |
executive director of the District, the person has failed |
to comply with an order of the board of commissioners or |
the relief is necessary to prevent flooding. |
The Administrative Review Law governs proceedings for the |
judicial review of final orders of the board of commissioners |
issued under this subsection. |
(e) The District may impose fees on areas outside the |
District but within
Cook County for performance of stormwater |
management services, including but not limited to, maintenance |
of streams and the development, design, planning, |
construction, operation and maintenance of stormwater |
facilities. The total amount of the fees collected from areas |
outside of the District but within Cook County shall not |
exceed the District's annual tax rate for stormwater |
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management within the District multiplied by the aggregate |
equalized assessed valuation of areas outside of the District |
but within Cook County. The District may require the unit of |
local government in which the stormwater services are |
performed to collect the fee and remit the collected fee to the |
District. The District is authorized to pay a reasonable |
administrative fee to the unit of local government for the |
collection of these fees. All such fees collected
by the |
District shall be held in a separate fund and used for |
implementation of this Section.
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(f) Amounts realized from the tax levy for stormwater |
management purposes
authorized in Section 12 may be used by |
the District for implementing this
Section and for the |
development, design, planning, construction, operation, and
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maintenance of regional and local stormwater facilities |
provided for in the stormwater
management plan.
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The proceeds of any tax imposed under Section 12 for |
stormwater management
purposes and any revenues generated as a |
result of the ownership or operation
of facilities or land |
acquired with the proceeds of taxes imposed under Section
12 |
for stormwater management purposes shall be held in a separate |
fund and used
either for implementing this Section or to abate |
those taxes.
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(g) The District may plan, implement, finance, and operate |
regional and local
stormwater management projects in |
accordance with the adopted countywide
stormwater management |
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plan.
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The District shall provide for public review and comment |
on proposed
stormwater management projects. The District shall |
conform to State and
federal requirements concerning public |
information, environmental assessments,
and environmental |
impacts for projects receiving State or federal funds.
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The District may issue bonds under Section 9.6a of this |
Act for the
purpose of funding stormwater management projects.
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The District shall not use Cook County Forest Preserve |
District land for
stormwater or flood control projects without |
the consent of the Forest
Preserve District. |
The District may acquire, by purchase from a willing |
seller in a voluntary transaction, real property in |
furtherance of its regional and local stormwater management |
activities. Nothing in this Section shall affect the |
District's powers of condemnation or eminent domain as |
otherwise set forth in this Act.
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(h) Upon the creation and implementation of a county |
stormwater management
plan, the District may petition the |
circuit court to dissolve any or all
drainage districts |
created pursuant to the Illinois Drainage Code or
predecessor |
Acts that are located entirely within the District.
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However, any active drainage district implementing a plan |
that is consistent
with and at least as stringent as the county |
stormwater management plan may
petition the District for |
exception from dissolution. Upon filing of the
petition, the |
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District shall set a date for hearing not less than 2 weeks, |
nor
more than 4 weeks, from the filing thereof, and the |
District shall give at
least one week's notice of the hearing |
in one or more newspapers of general
circulation within the |
drainage district, and in addition shall cause a copy
of the |
notice to be personally served upon each of the trustees of the |
drainage
district. At the hearing, the District shall hear the |
drainage district's
petition and allow the drainage district |
trustees and any interested parties
an opportunity to present |
oral and written evidence. The District shall render
its |
decision upon the petition for exception from dissolution |
based upon the
best interests of the residents of the drainage |
district. In the event that
the exception is not allowed, the |
drainage district may file a petition with
the circuit court |
within 30 days of the decision. In that case, the notice
and |
hearing requirements for the court shall be the same as |
provided in this
subsection for the petition to the District. |
The court shall render its
decision of whether to dissolve the |
district based upon the best interests
of the residents of the |
drainage district.
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The dissolution of a drainage district shall not affect |
the obligation
of any bonds issued or contracts entered into |
by the drainage district nor
invalidate the levy, extension, |
or collection of any taxes or special
assessments upon the |
property in the former drainage district. All property
and |
obligations of the former drainage district shall be assumed |
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and managed
by the District, and the debts of the former |
drainage district shall be
discharged as soon as practicable.
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If a drainage district lies only partly within the |
District, the District may
petition the circuit court to |
disconnect from the drainage district that
portion of the |
drainage district that lies within the District. The property
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of the drainage district within the disconnected area shall be |
assumed and
managed by the District. The District shall also |
assume a portion of the
drainage district's debt at the time of |
disconnection, based on the portion of
the value of the |
taxable property of the drainage district which is located
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within the area being disconnected.
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A drainage district that continues to exist within Cook |
County shall conform
its operations to the countywide |
stormwater management plan.
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(i) The District may assume responsibility for maintaining |
any stream
within Cook County.
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(j) The District may, after 10 days written notice to the |
owner or
occupant, enter upon any lands or waters within the |
county for the purpose
of inspecting stormwater facilities or |
causing the removal of any obstruction
to an affected |
watercourse. The District shall be responsible for any damages
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occasioned thereby.
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(k) The District shall report to the public annually on |
its activities and
expenditures under this Section and the |
adopted countywide stormwater
management plan.
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(l) The powers granted to the District under this Section |
are in addition
to the other powers granted under this Act. |
This Section does not limit the
powers of the District under |
any other provision of this Act or any other law.
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(m) This Section does not affect the power or duty of any |
unit of local
government to take actions relating to flooding |
or stormwater, so long as those
actions conform with this |
Section and the plans, rules, and ordinances adopted
by the |
District under this Section.
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A home rule unit located in whole or in part in Cook County
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(other than a municipality with a population over 1,000,000)
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may not
regulate stormwater management or planning in Cook |
County in a manner
inconsistent with this Section or the |
plans, rules, and ordinances adopted by
the District under |
this Section; provided, within a municipality with a
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population over 1,000,000, the stormwater management planning |
program of Cook
County shall be conducted by that municipality |
or,
to the extent provided in an intergovernmental agreement |
between the
municipality and the District, by the District |
pursuant to this Section;
provided further that the power |
granted to such municipality shall not be
inconsistent with |
existing powers of the District.
Pursuant to paragraph (i) of |
Section 6 of
Article VII of the Illinois Constitution, this |
Section specifically denies and
limits the exercise of any |
power that is inconsistent with this Section by a
home rule |
unit that is a county with a population of 1,500,000 or more or |