HB0477ham001 103RD GENERAL ASSEMBLY

Rep. Elizabeth "Lisa" Hernandez

Filed: 4/15/2024

10300HB0477ham001 LRB103 04047 AWJ 70045 a

AMENDMENT TO HOUSE BILL 477

AMENDMENT NO. ______. Amend House Bill 477 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the West Cook Flood Prevention District Act.

Section 5. District established. A flood prevention district is formed to be known as the West Cook Flood Prevention District created for the purpose of managing the water that flows into the Town of Cicero sewer system, including the interceptor sewer.

Section 10. Territory of district. The district is composed of corporate limits of the Town of Cicero as well as the portions of the City of Berwyn, the Village of Oak Park, and the City of Chicago from which sewage or stormwater is discharged into the Cicero sewerage system or any sewer connected therewith. Within 90 days after the effective date of this Act, the board shall meet and create a legal description of the boundaries of the district.

Section 15. Appointment of trustees; terms. The board of trustees of the West Cook Flood Prevention District consists of the following trustees: four of the trustees shall be residents of the Town of Cicero, one shall be a resident of the City of Berwyn, one shall be a resident of the Village of Oak Park, and one shall be a resident of the City of Chicago. The appointment of the trustees shall be made by the president or mayor of each municipality in which the trustee resides with the advice and consent of the respective municipal board or council.

In the first appointments to the board of trustees, the appointing authority appointing 4 trustees shall designate 2 appointees to serve for a term of 3 years and 2 appointees to serve for a term of 5 years, and the appointing authorities appointing one trustee each shall designate their appointees to serve for a term of 2 years.

Thereafter, trustees shall be appointed by the appropriate appointing authority for a term of 4 years. A vacancy on the board of trustees shall be filled by appointment by the appropriate appointing authority for the remainder of the unexpired term.

Each trustee's term shall begin on May 15 of the year in which the trustee was appointed, except for the initial appointments made under this Act. Within 30 days after the effective date of this Act, as provided in this Section, each appointing authority shall appoint the initial trustees, whose terms begin 60 days after the effective date of this Act.

Each of the trustees, upon entering the duties of their respective offices, shall execute a bond with security, in the amount and form to be approved by the board of trustees, payable to the district, in the penal sum of not less than $10,000, as directed by resolution or ordinance, conditioned upon the faithful performance of the duties of the office. Each bond shall be filed with and preserved by the board secretary.

When a vacancy exists in the office of trustees of the district, the vacancy shall be filled by appointment of an individual of the same municipality as that of the trustee who vacated the seat by the same appointing authority as the trustee who vacated the seat, with the advice and consent of the district board of trustees, and the appointment shall be for the remainder of the term.

A majority of the board of trustees constitutes a quorum. A trustee or employee of the district may not be directly or indirectly interested: in a contract, work, or business of the district or the sale of any article, the expense, price, or consideration that is paid by the district; or in the purchase of a real estate or other property belonging to the district or that shall be sold for taxes or assessments or by virtue of legal process at the suit of the district. The trustees may provide and adopt a corporate seal for the district.

Section 20. Board of trustees; powers; compensation. The board of trustees shall exercise all the powers and manage and control all the affairs and property of the district. The board shall elect by popular vote a president and vice-president from among their own number. In case of the death, resignation, absence from the State, or other disability of the president, the powers, duties, and emoluments of the office of the president shall devolve upon the vice-president until the disability is removed or until a successor to the president is appointed and chosen in the manner provided in this Act. The board may select a secretary, treasurer, and attorney and may provide by ordinance for the employment of other employees as the board deems necessary for the district.

The board may appoint such other officers and hire such employees to manage and control the operations of the district as it deems necessary; except that the board may not employ an individual as a wastewater operator whose certificate of technical competency is suspended or revoked under rules adopted by the Pollution Control Board under item (4) of subsection (a) of Section 13 of the Environmental Protection Act. All employees selected by the board shall hold their respective offices during the pleasure of the board and give a bond as may be required by the board. The board may prescribe the duties and fix the compensation of all the officers and employees of the district. However, the president of the board may not receive more than $18,000 per year, and each other member of the board may not receive more than $15,000 per year.

The board of trustees may pass all necessary ordinances, rules, and regulations for the proper management and conduct of the business of the board and of the district and for carrying into effect the objects for which the district was formed. The ordinances may provide for a fine for each offense of not less than $100 or more than $1,000. Each day's continuance of a violation shall be a separate offense. Fines under this Section are recoverable by the district in a civil action. The district may apply to the circuit court for injunctive relief or mandamus when, in the opinion of the board of trustees, the relief is necessary to protect the sewerage system of the district.

Section 25. Ordinance enactment and rulemaking procedures.

(a) No ordinance or rule imposing a penalty, or assessing a charge under Section 80, shall take effect until the board of trustees has complied with the requirements of this Section. As used in this Section, "rule" means a rule, regulation, order, or resolution.

(1) Not less than 30 days before the effective date of a proposed ordinance or rule imposing a penalty or assessing a charge under Section 80, the board of trustees shall publish a general notice of the proposed ordinance or rule imposing a penalty or assessing a charge under Section 80 in a newspaper of general circulation in the district or, if no such newspaper exists, shall post copies of the notice in 3 public places in the district unless persons subject to the proposed ordinance or rule are named and either personally served or otherwise have actual notice in accordance with the law. The notice shall include the following:

(A) A statement of the time, place, and nature of public proceedings to consider or adopt the proposed ordinance or rule.

(B) Reference to the legal authority under which the ordinance or rule is proposed.

(C) Either the terms or substance of the proposed ordinance or rule or a description of the subjects and issues involved.

(2) After publication or service of the notice of the proposed ordinance or rule imposing a penalty or assessing a charge under Section 80, the board of trustees shall give interested persons a meaningful opportunity to participate in the process through submission of written data, views, or arguments with or without the opportunity for oral presentation. After consideration of the relevant matter presented, the board of trustees shall incorporate in the adopted ordinance or rule a concise general statement of its basis and purpose and in an accompanying explanatory notice shall specifically address each comment received by the board.

(3) The board of trustees shall make the required publication or service of notice of a final ordinance or rule imposing a penalty or assessing a charge under Section 80 not less than 30 days before its effective date.

(b) Except as otherwise provided in this Section, no other ordinance or rule shall take effect until 10 days after it is published. However, notwithstanding the provisions of this Section, any ordinance or rule that contains a statement of its urgency in the preamble or body thereof, may take effect immediately upon its passage if the board of trustees, by a vote of two-thirds of all the members then holding office, so direct. The decision of the board of trustees as to the urgency of any ordinance is not subject to judicial review except for an abuse of discretion.

(c) Except as otherwise provided in this Section, all ordinances, rules, or resolutions shall be (i) printed or published in book or pamphlet form, published by authority of the board of trustees, or (ii) published at least once, within 30 days after passage, in one or more newspapers published in the district, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the district. Publication shall be satisfied by either item (i) or (ii) notwithstanding any other provision in this Act. If there is an error in printing, the publishing requirement of this Act is satisfied if those portions of the ordinance or rule that were erroneously printed are republished, correctly, within 30 days after the original publication that contained the error. The fact that an error occurred in publication does not affect the effective date of the ordinance or rule so published. If the error in printing is not corrected within 30 days after the date of the original publication that contained the error, as provided in this paragraph, the board of trustees may, by ordinance, declare the ordinance or rule that was erroneously published to be nevertheless valid and in effect no sooner than 10 days after the date of the original publication, notwithstanding the error in publication, and shall order the original ordinance or rule to be published once more within 30 days after the passage of the validating ordinance.

(d) The board of trustees shall give an interested person the right to petition for the issuance, amendment, or repeal of an ordinance or a rule.

Section 30. Certification of ordinances, orders, and resolutions; judicial notice. All ordinances, orders, and resolutions, and the date of publication thereof, may be proven by the certificate of the clerk, under the seal of the district, and, when printed in book or pamphlet form and purporting to be published by the board of trustees, such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinances, orders, and resolutions as of the dates mentioned in such book or pamphlet in all courts and places without further proof.

Section 35. Fines and criminal offenses for ordinance or resolution violations. Actions to impose a fine or imprisonment for violation of a district ordinance or resolution adopted under authority of this Act shall be brought in the corporate name of the district as plaintiff. Such actions shall commence with a complaint or a warrant. A warrant may be issued upon execution of an affidavit by any person alleging that he has reasonable grounds to believe that the person to be named in the warrant has violated a district ordinance or resolution. A person arrested upon such a warrant shall be taken without unnecessary delay before the proper officer for trial.

Fines for the violation of district ordinances or resolutions shall be established by ordinance or resolution and, when collected, shall be paid into the district treasury at such times and in a manner prescribed by ordinance or resolution.

A person who is fined for violation of a district ordinance or resolution may be committed to the county jail or to any place provided by ordinance or resolution for the incarceration of offenders until the fine and costs are paid. No incarceration, however, shall exceed 6 months for any one offense.

The committed person shall be allowed, exclusive of the person's board, a credit of $5 toward the fine and costs for each day of confinement. The district may make agreements with a county or municipality for holding such persons in a facility operated by them for the incarceration of violators of ordinances or resolutions.

Section 40. Powers of the board of trustees. The board of trustees of the district may provide for the efficient drainage of storm and sewer waters within the district and save and preserve the water supplied to the inhabitants of the district from contamination. For that purpose, the board may construct and maintain an enclosed conduit or conduits, main pipes, wholly or partially submerged, buried or otherwise, and by means of pumps or otherwise cause such sewage or stormwater to flow or to be forced through such conduit or conduits, pipe or pipes to and into any ditch or canal constructed and operated by any other district, after having first acquired the right so to do. Such board may provide for the drainage of the district by laying out, establishing, constructing, and maintaining one or more channels, drains, ditches, and outlets for carrying off and disposing of the drainage, including the sewage, of the district, together with such adjuncts and additions thereto as may be necessary or proper to cause such channels or outlets to accomplish the end for which they are designed, in a satisfactory manner, including pumps and pumping stations and the operation of the same. Such board may provide suitable and modernly equipped sewage treatment works or plants for the separation and treatment of all solids and deleterious matter from the liquids, shall treat and purify the residue of such sewage so that when it flows into any lake, and may not injuriously contaminate the waters thereof. The board may adopt any feasible method to accomplish the object for which the district was created and may also provide means whereby the district may reach and procure supplies of water for diluting and flushing purposes. The board of trustees of the district may also enter into an agreement to sell, convey, or disburse treated wastewater to any public or private entity located within or outside the boundaries of the district. Any use of treated wastewater by a public or private entity is subject to the orders of the Pollution Control Board. The agreement may not exceed 20 years.

Nothing in this Section may be construed to empower, authorize, or require such board of trustees to operate a system of water works for the purpose of furnishing or delivering water to any such municipality or to the inhabitants of the municipality without payment for the water at such rates as the board may determine. Nothing in this Act shall require a district to extend service to any individual residence or other building within the district, and it is the intent of the General Assembly that any construction or funding contemplated by this Section shall be restricted to construction or funding of works and main or interceptor sewers, conduits, channels, and similar facilities, but not individual service lines. Nothing in this Act authorizes the trustees to flow the stormwater or sewage of the district into Lake Michigan. Any such plan for sewage disposal by the district is prohibited unless such sewage has been treated and purified as provided in this Section, all laws of the federal government relating to the pollution of navigable waters have been complied with, and the approval of plans and constructions of outlets and connection with any of the streams or navigable bodies of water within or bordering upon the State has been obtained from the Department of Natural Resources. The discharge of any sewage from the district into any of the streams or navigable bodies of water within or bordering upon the State is subject to the orders of the Pollution Control Board. Nothing in this Act may be construed as superseding or in any manner limiting the provisions of the Environmental Protection Act.

After the construction of such a sewage disposal plant, if the board finds that it will promote the prevention of pollution of waters of the State, such board of trustees may adopt ordinances or rules and regulations prohibiting or regulating the discharge to sewers of inadmissible wastes or substances toxic to biological wastewater treatment processes. Inadmissible wastes include those that create a fire or explosion hazard in the sewer or treatment works; those that will impair the hydraulic capacity of sewer systems; and those that, in any quantity, create a hazard to people, sewer systems, treatment processes, or receiving waters. Substances that may be toxic to wastewater treatment processes include copper, chromium, lead, zinc, arsenic, nickel, barium, cadmium, mercury, selenium, silver, and any poisonous compounds, such as cyanide or radioactive wastes that pass through wastewater treatment plants in hazardous concentrations and menace users of the receiving waters. Such ordinances or rules and regulations shall be effective throughout the district in both the incorporated areas as well as the unincorporated areas and all public sewers therein.

Section 45. Additional powers of the board of trustees.

(a) In addition to the powers and authority under this Act, the board of trustees of the district may, by majority vote:

(1) To use the general funds of the district to defend, indemnify, and hold harmless, in whole or in part, the board of trustees, members of the board of trustees, and officials and employees of the district from financial loss and expenses, including court costs, investigation costs, actuarial studies, attorney's fees, and actual and punitive damages arising out of any civil proceedings, including, but not limited to, proceedings alleging antitrust violations or the deprivation of civil or constitutional rights, claims, demands, or judgments instituted, made, or entered against such board, trustee, official, or employee by reason of its or the person's wrongful or negligent statements, acts, or omissions if such statements, acts, or omissions: (i) occur while the board, trustee, official, or employee is acting in the discharge of its or the person's duties and within the scope of employment; and (ii) do not constitute willful and wanton misconduct.

(2) To obtain and provide for any or all the matters and purposes described in paragraph (1) for public officials' liability, comprehensive general liability, and such other forms of insurance coverage as the board of trustees shall determine necessary or advisable and any insurance so obtained and provided must be carried in a company or companies licensed to write such coverage in this State.

(3) To establish and provide for any or all the matters and purposes described in paragraph (1) a program of self-insurance and, in furtherance thereof, to establish and accumulate reserves for the payment of financial loss and expenses, including court costs, investigation costs, actuarial studies, attorney's fees, and actual and punitive damages associated with liabilities arising out of civil proceedings, claims, demands, or judgments instituted, made, or entered as set forth in paragraph (1).

(4) In connection with providing for any or all the matters and purposes described in paragraph (1) and when permitted by law to enter into an agreement with any special district, unit of government, person, or corporation for the use of property or the performance of any function, service, or act, to agree to the sharing or allocation of liabilities and damages resulting from such use of property or performance of function, service or act, in which event such agreement may provide for contribution or indemnification by any or all the parties to the agreement upon any liability arising out of the performance of the agreement.

(b) If the board of trustees of the district undertakes to provide insurance or to establish a program of self-insurance and to establish and accumulate reserves for any or all the matters and purposes described in paragraph (1) of subsection (a), such reserves shall be established and accumulated for such matters and purposes subject to the following conditions:

(1) the amount of such reserves may not exceed the amount necessary and proper, based on experience or independent actuarial determinations;

(2) all earnings derived from such reserves shall be considered part of the reserves and may be used only for the same matters and purposes for which the reserves may be used;

(3) reserves may be used only: for the purposes of making payments for financial loss and expenses, including actual and punitive damages, attorney's fees, court costs, investigation costs, and actuarial studies associated with liabilities arising out of civil proceedings, claims, demands, or judgments instituted, made, or entered under paragraph (1) of subsection (a) in connection with the statements, acts, or omissions of the board or of a trustee, official, or employee of the board or the district of which the statements, acts, or omissions occur while the board, trustee, official, or employee is acting in the discharge of the board's or person's duties and within the scope of employment and of which the statements, acts, or omissions do not constitute willful and wanton misconduct; for payment of insurance premiums; and for the purposes of making payments for losses resulting from any insured peril;

(4) all funds collected for the matters and purposes specified in paragraph (3) or earmarked for such matters and purposes must be placed in the reserves; and

(5) whenever the reserves have a balance in excess of what is necessary and proper, then contributions, charges, assessments, or other forms of funding for the reserves shall be appropriately decreased.

Section 50. Town of Cicero sewer system. In providing for works and maintenance for the collection of water into the Town of Cicero sewer system or systems owned or operated by the district, the district may apportion and collect therefore, from the municipal producer thereof, fair construction, maintenance, and operating costs on an annual basis, and, if a dispute arises as to the fairness of such additional construction, maintenance, and operating costs, then the same shall be determined by an arbitration board of 3 engineers, one appointed by the district, one appointed by such producer or producers or their legal representatives, and the third to be appointed by the 2 engineers selected as above described. If the 2 engineers so selected fail to agree upon a third engineer, then, upon the petition of either of the parties, the circuit judge shall appoint such third engineer. A decision of a majority of the arbitration board shall be binding on both parties and the cost of the services of the arbitration board shall be shared by both parties equally. Such decision is an administrative decision and is subject to judicial review as provided in the Administrative Review Law.

Section 55. Municipal sewer systems. Where any sewer system under the jurisdiction of a municipality is tributary to the district's sewer system, and the board of trustees of the district finds that it will conduce to the public health, comfort, or convenience, the board may regulate, limit, extend, deny, or otherwise control any connection to such sewer tributary to the district's sewer system by any person or municipal corporation regardless of whether the sewer into which the connection is made is directly under the jurisdiction of the district or not.

Section 60. Other sewer systems, sewage treatment works, or sewage treatment facilities. The district may require that any sewer system, sewage treatment works, or sewage treatment facility constructed in or within 3 miles of the limits of the district that is tributary thereto and not within the limits of any other district be constructed in accordance with the accepted standards and specifications of the district and shall further have the authority to cause inspection of the construction of such sewer system, sewage treatment works, or sewage treatment facility to be made to ascertain that it comply with the standards and specifications of the district.

Notwithstanding this Section, if the ordinances, rules, or regulations of the Metropolitan Water Reclamation District conflict with the ordinances, rules, or regulations of the district, then the ordinances, rules, or regulations of the Metropolitan Water Reclamation District control. If the district deems it necessary to perform work on property owned or operated by the Metropolitan Water Reclamation District, the district shall cooperate with the Metropolitan Water Reclamation District and shall follow all permitting procedures required by the Metropolitan Water Reclamation District.

Section 65. Connection to district sewage system. The board of trustees of the district may require that, before a person or municipal corporation connects to the sewage system of the district, the district be permitted to inspect the drainage lines of the person or municipal corporation to determine whether they are adequate and suitable for connection to its sewage system. In addition to the other charges provided for in this Act, the district may collect a reasonable charge for this inspection service. Funds collected as inspection charges shall be used by the district for its general corporate purposes after payment of the costs of making the inspection.

Section 70. Sewage and stormwater agreements. The district, in addition to other powers vested in it, may enter into agreements with a municipality located partly within and partly without the territorial limits of the district and that has a sewage system or stormwater drainage system to receive and dispose of all sewage or stormwater of such municipality collected by its system; and, for such purpose, the district may extend its drains, ditches, or sewers to connect with the sewage or stormwater drainage system of such municipality.

Section 75. Fees and charges for disposal of surface water or groundwater. The board of trustees may, by ordinance, establish, revise, and maintain fees or charges for the disposal of surface water or groundwater. Such fees and charges shall be assessed to the municipality or other governmental unit which utilizes the Town of Cicero sewer system or any sewer or drainage systems owned or operated by the district. The district shall assess such fees and charges on a quarterly basis.

Such fees or charges may be based on the volume of groundwater, surface water, or stormwater originating from a municipality or other unit of local government that enters the Town of Cicero sewer system or any system for the disposal of such waters or sewage owned or operated by the district. The district shall set such fees or charges by ordinance. The failure of a municipality or other governmental unit to pay such fees or charges within 60 days may result in disconnection from the Town of Cicero sewer system or any sewer or drainage systems owned or operated by the district in accordance with Section 80.

Section 80. Discharge into sewers of the district.

(a) As used in this Section:

"Industrial wastes" means all solids, liquids, or gaseous wastes resulting from a commercial, industrial, manufacturing, agricultural, trade, or business operation or process or from the development, recovery, or processing of natural resources.

"Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes.

"Person" means an individual, firm, association, joint venture, sole proprietorship, company, partnership, estate copartnership, corporation, joint stock company, trust, school district, unit of local government, or private corporation organized or existing under the laws of this State or any other state or country.

"President" means the president of the district.

"Sewage" means water-carried human wastes or a combination of water-carried wastes from residences, buildings, businesses, industrial establishments, institutions, or other places together with any groundwater, surface water, stormwater, or other water that may be present.

"Stormwater" means rainwater produced by a storm or other precipitation event, including any and all floodwaters resulting during and after a weather event.

(b) It is unlawful for any person or unit of local government to discharge surface water, groundwater, stormwater, effluent, gaseous wastes, sewage, industrial wastes, or other wastes into the sewerage system of the district or into any sewer tributary therewith, except upon the terms and conditions that the district might reasonably impose by way of ordinance, permit, rule, or regulation.

The district, in addition to all other powers vested in it and in the interest of public health and safety, or as authorized by subsections (b) and (c) of Section 46 of the Environmental Protection Act, may pass all ordinances, rules, or regulations necessary to implement this Section, including, but not limited to, the imposition of charges based on factors that influence the cost of treatment, including strength and volume, and including the right of access during reasonable hours to the premises of a person for enforcement of adopted ordinances, rules, or regulations.

The district shall require municipalities discharging groundwater, surface water, sewage, stormwater, industrial waste, or other wastes or waters into any sewerage system in the control of the district or into any sewer connected therewith to compensate the district for the use, maintenance and construction costs of the district sewerage system as a result of such discharge. The district shall charge each municipality on a pro rata basis an amount reasonable and proportionate, as determined by the board of trustees, to the total volume each municipality discharges into the system.

(c) Whenever the district, acting through the president, determines that surface water, groundwater, stormwater, effluent, gaseous wastes, sewage, industrial wastes, or other wastes are being discharged into the sewerage system and when, in the opinion of the president, the discharge is in violation of an ordinance, rule, or regulation adopted by the board of trustees, including failure to pay charges and usage fees when due, under this Section governing the discharge, the president shall order the offending party to cease and desist. The order shall be served by certified mail or personally on the owner, officer, registered agent, or individual designated by permit.

If the offending party fails or refuses to immediately discontinue the discharge after notification of the cease and desist order, the president may order the offending party to show cause before the board of trustees of the district why the discharge should not be discontinued. A notice shall be served on the offending party directing the offending party to show cause before the board of trustees why an order should not be entered directing the discontinuance of the discharge. The notice shall specify the time and place where a hearing will be held and shall be served personally or by registered or certified mail at least 10 days before the hearing upon an officer or agent of the unit of local government. After reviewing the evidence, the board of trustees may issue an order to the party responsible for the discharge, directing that within a specified period of time the discharge be discontinued. The board of trustees may also order the party responsible for the discharge to pay a civil penalty in an amount specified by the board of trustees that is not less than $1,000 nor more than $2,000 per day for each day of discharge of surface water, groundwater, stormwater, effluent, gaseous wastes, sewage, industrial wastes, or other wastes in violation of this Act as provided in subsection (d). The board of trustees may also order the party responsible for the violation to pay all costs and legal fees associated with the violation in addition to any outstanding fees and charges for such discharge.

(d) The board of trustees shall establish procedures for assessing civil penalties and issuing orders under subsection (c) as follows:

(1) In making its orders and determinations, the board of trustees shall take into consideration all the facts and circumstances bearing on the activities involved and the assessment of civil penalties as shown by the record produced at the hearing.

(2) The board of trustees shall establish a panel of one or more independent hearing officers to conduct all hearings on the assessment of civil penalties and issuance of orders under subsection (c). All hearing officers shall be attorneys licensed to practice law in this State.

(3) The board of trustees shall adopt procedural rules governing the proceedings, the assessment of civil penalties, and the issuance of orders.

(4) All hearings shall be on the record, and testimony taken must be under oath and recorded stenographically. Transcripts so recorded must be made available to any member of the public or any party to the hearing upon payment of the usual charges for transcripts. At the hearing, the hearing officer may issue, in the name of the board of trustees, notices of hearing requesting the attendance and testimony of witnesses, and the production of evidence relevant to any matter involved in the hearing and may examine witnesses.

(5) The hearing officer shall conduct a full and impartial hearing on the record with an opportunity for the presentation of evidence and cross-examination of the witnesses. The hearing officer shall issue findings of fact, conclusions of law, recommendations for a civil penalty, and issue an order based solely on the record. The hearing officer may also recommend, as part of the order, that the discharge of surface water, groundwater, stormwater, effluent, gaseous wastes, sewage, industrial wastes, or other wastes be discontinued within a specified time.

(6) The findings of fact, conclusions of law, recommended civil penalty, and order shall be transmitted to the board of trustees along with a complete record of the hearing.

(7) The board of trustees shall either approve or disapprove the findings of fact, conclusions of law, recommended civil penalty, and order. If the findings of fact, conclusions of law, recommended civil penalty, or order are rejected, the board of trustees shall remand the matter to the hearing officer for further proceedings. If the order is accepted by the board of trustees, it shall constitute the final order of the board of trustees.

(8) The civil penalty specified by the board of trustees shall be paid within 35 days after the party on whom it is imposed receives a written copy of the order of the board of trustees unless the person or persons to whom the order is issued seeks judicial review.

(9) If a party seeks judicial review of the order assessing civil penalties, the party shall, within 35 days after the date of the final order, pay the amount of the civil penalties into an escrow account maintained by the district for that purpose or file a bond guaranteeing payment of the civil penalties if the civil penalties are upheld on review.

(10) Civil penalties not paid by the times specified above shall be delinquent and subject to late fees assessed on a monthly basis which shall not exceed the maximum interest rate allowed under State law. The late fees levied by the district shall be in addition to any other remedy or right of recovery that the district may have with respect to the collection or recovery of penalties and charges imposed by the district.

(e) The president may order a party to cease the discharge of surface water, groundwater, stormwater, effluent, gaseous wastes, sewage, industrial wastes, or other wastes upon a finding by the president that the final order of the board of trustees entered after a hearing to show cause has been violated. The president shall serve the party with a copy of the president's order either by certified mail or personally by serving the owner, officer, or registered agent of the municipality or other unit of local government. The order of the president shall also schedule an expedited hearing before a hearing officer designated by the board of trustees for the purpose of determining whether the party has violated the final order of the board of trustees. The board of trustees shall adopt rules of procedure governing expedited hearings. The hearing may not be conducted less than 7 days after service of the president's order.

At the conclusion of the expedited hearing, the hearing officer shall prepare a report with the officer's findings and recommendations and transmit it to the board of trustees. If the board of trustees, after reviewing the findings and recommendations, and the record produced at the hearing, determines that the party has violated the board of trustees' final order, the board of trustees may authorize the plugging or disconnection of the sewer or other actions that disconnect the offending party's ability to discharge any waters or wastes into the district's sewer system. The president shall give not less than 10 days' written notice of the board of trustees' order to the municipality or other unit of local government as well as the owner of record of the real estate and other parties known to be affected that the sewer will be plugged or disconnected.

Disconnection of a sewer under this subsection shall be in addition to any other remedy that the district may have to prevent violation of its ordinances and orders of its board of trustees.

(f) A violation of the final order of the board of trustees shall be considered a nuisance. If any person discharges groundwater, surface water, stormwater, effluent, gaseous wastes, sewage, industrial wastes, or other wastes into any sewers or stormwater management facilities contrary to the final order of the board of trustees, the district, acting through the president, may commence an action or proceeding in the Circuit Court of Cook County for the purpose of having the discharge stopped either by mandamus or injunction or to remedy the violation in any manner provided for in this Section.

The court shall specify a time, not exceeding 20 days after the service of the copy of the complaint, in which the party complained of must plead to the complaint, and, in the meantime, the party may be restrained. In case of default or after pleading, the court shall immediately inquire into the facts and circumstances of the case and enter an appropriate judgment in respect to the matters complained of. Appeals may be taken as in other civil cases.

(g) The district, acting through the president, may commence an action or proceeding for mandamus or injunction in the Circuit Court of Cook County ordering a party to cease its discharge, when, in the opinion of the president, the party's discharge presents an imminent danger to the public health, welfare, or safety; presents or may present an endangerment to the environment; or threatens to interfere with the operation of the sewerage system under the jurisdiction of the district. The initiation of a show cause hearing is not a prerequisite to the commencement by the district of an action or proceeding for mandamus or injunction in the circuit court. The court shall specify a time, not exceeding 20 days after the service of a copy of the petition, in which the party complained of must answer the petition, and, in the meantime, the party may be restrained. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances of the case and enter an appropriate judgment order in respect to the matters complained of. An appeal may be taken from the final judgment in the same manner and with the same effect as appeals are taken from judgment of the circuit court in other actions for mandamus or injunction.

(h) Whenever the district commences an action under subsection (f), the court shall assess a civil penalty of not less than $1,000 nor more than $10,000 for each day the party violates the board of trustees' order. Whenever the district commences an action under subsection (g), the court shall assess a civil penalty of not less than $1,000 nor more than $10,000 for each day the party violates the ordinance. Each day's continuance of the violation is a separate offense. The penalties provided in this Section imposed by the board of trustees under subsection (d) plus interest at the rate set forth in the Interest Act on unpaid penalties, costs, and fees; the reasonable costs to the district of removal or other remedial action caused by discharges in violation of this Act; reasonable attorney's fees; court costs; other expenses of litigation; and costs for inspection, sampling, analysis, and administration related to the enforcement action against the offending party are recoverable by the district in a civil action.

(i) The board of trustees may establish fees for late filing of reports with the district required by an ordinance governing discharges. The district shall provide by certified mail a written notice of the fee assessment that states the party has 30 days after the receipt of the notice to request a conference with the president's designee to discuss or dispute the appropriateness of the assessed fee. Unless a party objects to paying the fee for filing a report late by timely requesting in writing a conference with a designee of the president, that party waives the party's right to a conference.

If a party requests a conference and the matter is not resolved at the conference, the party subject to the fee may request an administrative hearing before an impartial hearing officer appointed under subsection (d) to determine the party's liability for and the amount of the fee. If the hearing officer finds that the late filing fees are owed to the district, the district shall notify the responsible party of the hearing officer's decision. If payment is not made within 30 days after the notice, the district may impose penalties and interest.

(j) To be effective service under this Section, a demand or order sent by certified or registered mail to the last known address need not be received by the offending party. Service of the demand or order by registered or certified mail shall be deemed effective upon deposit in the United States mail with proper postage prepaid and addressed as provided in this Section.

(k) The Administrative Review Law applies to and governs all proceedings for the judicial review of final administrative decisions of the board of trustees in the enforcement of an ordinance, rule, or regulation adopted under this Act. The cost of preparing the record on appeal shall be paid by the person seeking a review of an order or action pursuant to the Administrative Review Law.

(l) Solely in relation to the discharge of groundwater, surface water, stormwater, sewage, industrial wastes, or other wastes subject to one of the district's ordinances, the district may implement an electronic reporting system that will allow notices, orders, and other documents to be sent directly by email to persons or entities registered with the district, and, in the discretion of the district, to allow those persons or entities registered with the district to view, modify, or submit documents using the electronic reporting system. Wherever this Section provides for service of documents by the district by U.S. first-class mail, U.S. certified mail, or personal service, the district may serve by email the documents upon the registered persons or entities in lieu of service by U.S. first-class mail, U.S. certified mail, or personal service. Enrollment in the electronic reporting system in this subsection is voluntary and limited to nonresidential facilities or uses. Service by email under this Section is only permitted on those persons or entities that voluntarily enroll in the system. The district shall adopt rules, as approved by ordinance, to ensure service of process by email is properly effectuated upon the registered persons and entities.

Section 85. Acquisition of real and personal property. The district may acquire by purchase, condemnation, or otherwise any and all real and personal property, right-of-way and privilege, either within or without its corporate limits that may be required for its corporate purposes; and, if the district is unable to agree with any other district or municipality upon the terms under which it shall be permitted to use the drains, channels or ditches of such other district, the right to use the same may be required by condemnation in the circuit court by proceedings in the manner, as near as may be, as is provided in Section 4-17 of the Illinois Drainage Code. The compensation to be paid for such use may be a gross sum, or it may be in the form of an annual rental, to be paid in yearly installments as and in the manner provided by the judgment of the court wherein such proceedings may be had. All moneys for the purchase and condemnation of any property shall be paid before possession is taken or any work done on the premises damaged by the construction of such channel or outlet, and, if an appeal from the circuit court is taken by either party whereby the amount of damages is not finally determined, then possession may be taken. The amount of judgment in such court shall be deposited at some bank or savings and loan association to be designated by the judge thereof subject to the payment of such damages on orders signed by such judge, whenever the amount of damages is finally determined; and when no longer required for such purposes, to sell, convey, vacate and release the same.

Section 90. 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.

Section 95. Lease of property. The district may lease to others for any period of time, not exceeding 50 years, upon such terms as its board of trustees may determine, real estate, rights-of-way, privilege, or interest therein, or any part thereof, acquired by it that is, in the opinion of the board of trustees of the district, no longer required for its corporate purposes or that may not be immediately needed for such purposes, and such leases may contain such conditions and retain such interests therein as may be deemed for the best interest of the district by such board of trustees. The district may grant easements and permits for the use of any such real property, right-of-way, or privilege that will not, in the opinion of the board of trustees of the district, interfere with the use thereof by the district for its corporate purposes, and such easements and permits may contain such conditions and retain such interests therein as may be deemed for the best interests of the district by such board of trustees.

Section 100. Borrowing money; issuance of bonds. The district may borrow money for corporate purposes and may issue bonds therefor but may not become indebted, in any manner, or for any purpose, to an amount in the aggregate to exceed 5.75% on the valuation of taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such.

Whenever the board of trustees of the district desires to issue bonds hereunder they shall certify the question to the proper election officials who shall submit the question at an election to be held in the district in accordance with the general election law. In addition to the requirements of the general election law, the notice of election shall state the amount of bonds to be issued. The result of the election shall be entered upon the records of the district. If a majority of the voters voting at the election on the question have voted in favor of the issuance of the bonds, the board of trustees shall order and direct the execution of the bonds for and on behalf of the district. All bonds issued hereunder shall mature in not exceeding 20 annual installments. The question shall be in substantially the following form:

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Proposition to issue bonds YES of..... district to the -------------------------------

amount of..... dollars. NO -------------------------------------------------------------

However, the district may borrow money for corporate purposes, and may issue bonds for corporate purposes, without holding an election or referendum upon the question if the district or the board of trustees thereof has been directed by an order issued by the circuit court or by an administrative agency of the State of Illinois having jurisdiction to issue such order to abate its discharge of untreated or inadequately treated sewage and such borrowing is deemed necessary by the board of trustees of the district to make possible compliance with such order. The amount of money that the district may borrow to abate such sewage discharge shall be limited to that required for that purpose plus such reasonable future expansion as shall be approved by the court or the administrative agency of the State of Illinois having jurisdiction. The ordinance providing for such bonds shall set out the fact that such bonds are deemed necessary to make possible compliance with the order and shall be published or posted in the manner provided in this Act for publication or posting of ordinances making appropriations. The ordinance shall be in full force and effect after its adoption and publication or posting, as herein provided, notwithstanding any provision in this Act or any other law to the contrary.

Section 105. Assistance program.

(a) The General Assembly finds that governmental units located within the boundaries of the district require assistance in financing the cost of repair, replacement, reconstruction, and rehabilitation of local sewer and stormwater collection systems to reduce certain excessive sanitary sewer groundwater inflows as well as stormwater inflows; that such inflows ultimately result in increased need for treatment and storage facilities of the district; and that the district, in the discretion of its board of trustees, advantageously may provide loan funds for such purposes.

(b) As used in this Section:

"Alternate bonds", "applicable law", "bonds", "general obligation bonds", "governmental unit", "ordinance", and "revenue source" have the meanings given to those terms in the Local Government Debt Reform Act.

"Assistance bonds" means the bonds to be issued by the district to provide funds for the program as authorized in subsection (f).

"Assistance program" means the program authorized in this Section by which the district may make loans to local governmental units for any one or more of the following undertaken with respect to the repair, replacement, reconstruction, and rehabilitation of local sewer collection systems for preliminary planning, engineering, architectural, legal, fiscal or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures or other necessary action, erection, building acquisition, alteration, remodeling, or improvement of such collection systems, or the inspection or supervision of the action, erection, building acquisition, alteration, remodeling, or improvement.

"Loan" means a loan made by the district to a local governmental unit under the assistance program.

"Local governmental unit" means a unit of local government, school district, or community college district within the boundaries of the district.

"Reconstruction" includes the construction of totally new lines or systems if reasonably designed to replace obsolete lines or systems.

(c) The board of trustees may establish an assistance program.

(d) The board of trustees may do any one or more of the following with respect to the assistance program:

(1) Establish the assistance program as a use or appropriation within the corporate fund of the district.

(2) Accept grants, borrow funds, and appropriate lawfully available funds for the purpose of funding the assistance program.

(3) Make the loans as provided in subsection (e).

(4) Enforce loans with all available remedies as any governmental unit or private person might have with respect to such loans.

(e) The district may make loans and local governmental units may obtain loans from the district, but only if authorized to borrow under such powers as may be granted to such local governmental units under other applicable law. This Section does not grant local governmental units separate borrowing power. If authorized to issue bonds under such applicable law, however, the form of the borrowing may be such as the district and the local governmental unit may agree, including, without limitation, a loan agreement made between the district and local governmental unit to evidence the bond. Any such loan agreement shall state the statutory authority under applicable law for the bond it represents but otherwise need not be in any specific form. The district shall have all rights and remedies available to the holder of a bond otherwise issued in the form provided for the same under applicable law and also such rights and remedies as may be additionally available under paragraph (4) of subsection (d). The loans may be made upon such terms and at such rates, including expressly below market rates, representing a subsidy of funds from the district to the local governmental units, as the district may specify in the loan agreements.

(f) The district may borrow money and issue its assistance bonds under this Section for the purpose of funding the assistance program, and the bonds shall be alternate bonds payable from any lawfully available revenue source, including without limitation receipts from the loans.

Section 110. Bond interest rate. All bonds issued pursuant to this Act shall bear interest at a rate or rates not exceeding that permitted by the Bond Authorization Act.

Section 115. Contracts. Except as otherwise provided in this Section, all contracts for purchases or sales by the district, the expense of which will exceed the mandatory competitive bid threshold, shall be let to the lowest responsible bidder therefor upon not less than 14 days' public notice of the terms and conditions upon which the contract is to be let, having been given by publication in a newspaper of general circulation published in the district, and the board may reject any and all bids and readvertise. In determining the lowest responsible bidder, the board shall take into consideration the qualities and serviceability of the articles supplied, their conformity with specifications, their suitability to the requirements of the district, the availability of support services, the uniqueness of the service, materials, equipment, or supplies as it applies to network integrated computer systems, the compatibility of the service, materials, equipment or supplies with existing equipment, and the delivery terms. Contracts for services in excess of the mandatory competitive bid threshold may, subject to the provisions of this Section, be let by competitive bidding at the discretion of the district board of trustees.

All contracts for purchases or sales that will not exceed the mandatory competitive bid threshold may be made in the open market without publication in a newspaper as provided in this Section, but, whenever practical, shall be based on at least 3 competitive bids. The mandatory competitive bid threshold dollar amount may not be less than $10,000 nor more than $40,000.

Cash, a cashier's check, a certified check, or a bid bond with adequate surety approved by the board of trustees as a deposit of good faith, in a reasonable amount, but not in excess of 10% of the contract amount, may be required of each bidder by the district on all bids involving amounts in excess of the mandatory competitive bid threshold and, if so required, the advertisement for bids shall so specify.

Contracts that by their nature are not adapted to award by competitive bidding, including, without limitation, contracts for the services of individuals, groups, or firms possessing a high degree of professional skill where the ability or fitness of the individual or organization plays an important part, contracts for financial management services undertaken pursuant to the Public Funds Investment Act, contracts for the purchase or sale of utilities, contracts for commodities including supply contracts for natural gas and electricity, contracts for materials economically procurable only from a single source of supply, contracts for services, supplies, materials, parts, or equipment that are available only from a single source, contracts for maintenance, repairs, original equipment manufacturer supplies, or original equipment manufacturer parts from the manufacturer or from a source authorized by the manufacturer, contracts for the use, purchase, delivery, movement, or installation of data processing equipment, software, or services and telecommunications and interconnect equipment, software, or services, contracts for duplicating machines and supplies, contracts for goods or services procured from another governmental agency, purchases of equipment previously owned by an entity other than the district itself, purchases of used equipment, purchases at auction or similar transactions that by their very nature are not suitable to competitive bids, and leases of real property where the district is the lessee may not be subject to the competitive bidding requirements of this Section.

The district may use a design-build procurement method for a public project that is not subject to the competitive bidding requirements of this Section provided the board of trustees approves the contract for the public project by a vote of at least 5 trustees. As used in this paragraph, "design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying and related services as required and the labor, materials, equipment, and other construction services for the project.

If an emergency is affecting the public health or safety as declared by the board of trustees of the district at a meeting thereof duly convened, then the declaration shall require the affirmative vote of two-thirds of the board of trustees and shall set forth the nature of the danger to the public health or safety, contracts totaling not more than the emergency contract cap may be let to the extent necessary to resolve such emergency without public advertisement or competitive bidding. Under this Section, an emergency contract may not be more than $500,000. The resolution or ordinance in which such declaration is embodied shall fix the date upon which such emergency shall terminate, and the date may be extended or abridged by the board of trustees as in their judgment the circumstances require. A full written account of any such emergency, together with a requisition for the materials, supplies, labor or equipment required therefor shall be submitted immediately upon completion and shall be open to public inspection for a period of at least one year after the date of such emergency purchase.

To address operating emergencies not affecting the public health or safety, the board of trustees shall authorize, in writing, officials or employees of the district to purchase in the open market and without advertisement any supplies, materials, equipment, or services for immediate delivery to meet the bona fide operating emergency, without filing a requisition or estimate therefor, in an amount not in excess of $100,000. The board of trustees must be notified of the operating emergency. A full, written account of each operating emergency and a requisition for the materials, supplies, equipment, and services required to meet the operating emergency must be immediately submitted by the officials or employees authorized to make purchases to the board of trustees. The account must be available for public inspection for a period of at least one year after the date of the operating emergency purchase. The exercise of authority with respect to purchases for a bona fide operating emergency is not dependent on a declaration of an operating emergency by the board of trustees.

The competitive bidding requirements of this Section do not apply to contracts, including contracts for both materials and services incidental thereto, for the repair or replacement of a district's treatment plant, sewers, equipment, or facilities damaged or destroyed as the result of a sudden or unexpected occurrence, including, but not limited to, a flood, fire, tornado, earthquake, storm, or other natural or man-made disaster, if the board of trustees determines in writing that the awarding of those contracts without competitive bidding is reasonably necessary for the district to maintain compliance with a permit issued under the National Pollution Discharge Elimination System or any successor system or with any outstanding order relating to that compliance issued by the United States Environmental Protection Agency, the Illinois Environmental Protection Agency, or the Pollution Control Board. The authority to issue contracts without competitive bidding pursuant to this paragraph expires 6 months after the date of the writing determining that the awarding of contracts without competitive bidding is reasonably necessary.

A trustee may not be interested, directly or indirectly, in any contract, work, or business of the district or in the sale of any article, whenever the expense, price or consideration of the contract work, business, or sale is paid either from the treasury or by an assessment levied by statute or ordinance. A trustee may not be interested, directly or indirectly, in the purchase of any property that belongs to the district, is sold for taxes or assessments of the district, or is sold by virtue of legal process by suit of the district.

A contract for any work or other public improvement, to be paid for in whole or in part by special assessment or special taxation, shall be entered into and the performance thereof controlled by the provisions of Division 2 of Article 9 of the Illinois Municipal Code as near as may be. However, contracts may be let for making proper and suitable connections between the mains and outlets of the respective sanitary sewers in the district with any conduit, conduits, main pipe or pipes that may be constructed by the district.

As used in this Section, "mandatory competitive bid threshold" means a dollar amount equal to 0.1% of the total general fixed assets of the district as reported in the most recent required audit report.

Section 120. Local Government Prompt Payment Act. Purchases made pursuant to this Act shall be made in compliance with the Local Government Prompt Payment Act.

Section 125. Effects on competition. All powers granted, either expressly or by necessary implication, by this Act or any other Illinois statute to the district may be exercised by the district notwithstanding effects on competition. The state action exemption to the application of federal antitrust statutes are fully available to the district to the extent its activities are authorized by law as stated herein.

Section 130. Taxes. The board of trustees may not levy and collect taxes for corporate purposes upon property within the territorial limits of the district.

Section 135. Construction, maintenance, alteration, and extension of sewers, channels, ditches, and drains. The district may construct, maintain, alter, and extend its sewers, channels, ditches, and drains, as a proper use of highways along, upon, under and across any highway, street, alley or public ground in the State, but so as not to incommode the public use thereof, and the right and authority are hereby granted to any the district to construct, maintain, and operate any conduit or conduits, main pipe or pipes, wholly or partially submerged, buried or otherwise, in, upon and along any of the lands owned by said state under any of the public waters therein. The extent and location of the lands and waters so to be used and appropriated shall be approved by the Governor, upon application duly made to the Governor asking for such approval. The rights, permission, and authority hereby granted shall be subject to all public right of commerce and navigation, to the authority of the United States in behalf of such public rights, and to the right of the State of Illinois to regulate and control fishing in said public waters.

Section 140. United States military installations. If there is located within the bounds of the district a United States military post, reservation, station, or naval station, the board of trustees of the district may enter into contracts or agreements with the proper authorities of the United States permitting them to connect with any such conduit or conduits, main pipe or pipes, and discharge the drainage, sewage, or other impure or contaminated liquids therein.

Section 145. District improvements causing private property damage or takings. Whenever the board of trustees of the district shall pass an ordinance for the making of any improvement that the district may make, the making of which will require that private property should be taken or damaged, the district may cause compensation therefor to be ascertained, and condemn and acquire possession thereof in the same manner as nearly as may be as is provided for the exercise of the right of eminent domain under the Eminent Domain Act. Proceedings to ascertain the compensation to be paid for taking or damaging private property shall, in all cases, be instituted in the county where the property sought to be taken or damaged is situated. All damages to property, whether determined by agreement or by final judgment of court, shall be paid prior to the payment of any other debt or obligation.

Section 150. Rights-of-way over other property for improvements. When, in making any improvements that the district is authorized by this Act to make, it shall be necessary to enter upon and take possession of any existing drains, sewers, sewer outlets, plants for the purification of sewage or water, or any other public property, or property held for public use, the board of trustees of the district may do so and may acquire the necessary right-of-way over any other property held for public use in the same manner as is herein provided for acquiring private property, and may enter upon, and use the same for the purposes aforesaid. The public use thereof may not be unnecessarily interrupted or interfered with and shall be restored to its former usefulness as soon as practicable.

Section 155. Contracts; matter removed from sewage. The board of trustees may enter into contract with a municipality for the reduction, treatment, storage, and disposal of garbage, offal, or solid matter removed from sewage at any disposal plant or treatment works.

Section 160. Contracts; territory outside the district. The district may (i) permit territory lying outside its limits, whether within any sanitary district or not, to drain into and use any channel or drain made by it, upon such payments, terms, and conditions as may be mutually agreed upon, (ii) contract for the right to use any drain or channel that may be made by any sanitary district, upon such terms as may be mutually agreed upon, and (iii) raise the money called for by any such contract in the same way and to the same extent as the district may raise money for any other corporate purposes.

Section 165. Contracts; covering costs of financing, constructing, operating, and maintaining district facilities. The district may enter into contracts with municipalities or other parties outside the district that may request service from the district at higher rates than the existing rates for consumers within the district to allow the district to obtain a fair return to cover the costs of financing, constructing, operating, and maintaining its facilities. If the rates are not thereafter agreed upon by the parties or are not otherwise provided for by contract, such rates shall be fixed and determined by the Circuit Court of Cook County after a petition has been filed with that court.

Section 170. Acquiring sanitary district or municipal treatment works.

(a) After incorporation, the West Cook Flood Prevention District may, in accordance with this Act and an intergovernmental agreement with a sanitary district or municipality, acquire or lease the sewage and stormwater systems, as well as territory, treatment works, lines, appurtenances, and other property of (i) a sanitary district organized under the Sanitary District Act of 1907, the Sanitary District Act of 1917, the Sanitary District Act of 1936 or (ii) a municipality whose treatment works were established under the Illinois Municipal Code or the Municipal Wastewater Disposal Zones Act, regardless of whether that district or municipality is contiguous to the West Cook Flood Prevention District. The distance between the sanitary district being acquired or the municipality and the West Cook Flood Prevention District, as measured between the points on their corporate boundaries that are nearest to each other, may not exceed 20 miles. In the case of a municipality, only that property used by the municipality for transport, treatment, and discharge of stormwater or wastewater or for disposal of sewage sludge may be transferred to the West Cook Flood Prevention District.

(b) The board of trustees of the sanitary district being acquired, or the corporate authorities of a municipality whose treatment works is being acquired, shall, jointly with the board of trustees of the West Cook Flood Prevention District, petition the Circuit Court of Cook County to permit the acquisition. The petition shall show the following:

(1) The reason for the acquisition.

(2) That there are no debts of the sanitary district being acquired or municipality outstanding or that there are sufficient funds on hand or available to satisfy those debts.

(3) That no contract or federal or State permit or grant will be impaired by the acquisition.

(4) That all assets and responsibilities of the sanitary district being acquired or municipality, as they relate to wastewater treatment, have been properly assigned to the acquiring district.

(5) That the West Cook Flood Prevention District will pay any court costs incurred in connection with the petition.

(6) The boundaries of the acquired sanitary district or municipality as of the date of the petition.

(c) Upon adequate notice, including appropriate notice to the Illinois Environmental Protection Agency, the circuit court shall hold a hearing to determine whether there is good cause for the acquisition by the acquiring district and whether the allegations of the petition are true. If the court finds that there is good cause and that the allegations are true, it shall order the acquisition to proceed. If the court finds that there is not good cause for the acquisition or that the allegations of the petition are not true, the court shall dismiss the petition. In either event, the costs shall be taxed against the acquiring district. The order shall be final. Separate or joint appeals may be taken by any party affected by the order as in other civil cases.

(d) If the court orders the acquisition contemplated in the petition, there shall be no further appointments of trustees if the acquired agency is a sanitary district. The trustees of the acquired sanitary district acting at the time of the order shall close up the business affairs of the sanitary district and make the necessary conveyances of title to the sanitary district property in accordance with the intergovernmental agreement between the acquiring and acquired sanitary districts. In the case of a municipality, the governing body of the municipality shall make the necessary conveyances of title to municipal property to the district in accordance with the intergovernmental agreement between the municipality and the district. The district's ordinances shall take effect in the acquired territory upon entry of the order.

(e) The acquisition of any sanitary district by the West Cook Flood Prevention District or the acquisition of a treatment works from a municipality by the West Cook Flood Prevention District does not affect the obligation of any bonds issued or contracts entered into by the acquired sanitary district or the municipality, nor invalidate the levy, extension, or collection of any taxes or special assessments upon a property in the acquired sanitary district, but all those bonds and contracts shall be discharged. The general obligation indebtedness of the acquired sanitary district shall be paid from the proceeds of continuing taxes and special assessments as provided in this Act.

All money remaining after the business affairs of the acquired sanitary district or acquired treatment works of the municipality have been closed up and all debts and obligations of the entities paid shall be paid to the West Cook Flood Prevention District in accordance with the intergovernmental agreement between the parties.

(f) An intergovernmental agreement entered into by the parties under this Section shall provide for the imposition or continuance of a user charge system in accordance with the acquiring West Cook Flood Prevention District's ordinance, the Illinois Environmental Protection Act, and the federal Clean Water Act.

(g) All courts shall take judicial notice of the acquisition of the sanitary district being acquired or municipal treatment works by the West Cook Flood Prevention District.

Section 175. Construction special assessments. The board of trustees may build and construct and to defray the cost and expenses of the construction of drains, sewers, or laterals, or drains and sewers and laterals and other necessary adjuncts thereto, including pumps, pumping stations, and interceptors made by it in the execution or in furtherance of the powers heretofore granted to the district by special assessment, as they shall by ordinance prescribe. A person may not object to a special assessment because the improvement for which the same is levied is partly outside the limits of the district. A special assessment may not be made upon property situated outside the district, and property may not be assessed more than it will be benefited by the improvement for which the assessment is levied. The procedure in making improvements by special assessment shall be the same as nearly as possible as is prescribed in Divisions 1 and 2 of Article 9 of the Illinois Municipal Code and Division 87 of Article 11 of the Illinois Municipal Code. The functions and duties of the city council, the council, the board of trustees, or the board of local improvements under those provisions of the Illinois Municipal Code shall be assumed and discharged by the board of trustees of the district; and the duties of the officers designated in those divisions of the Illinois Municipal Code as mayor of a city, president of a village or incorporated town, or president of the board of local improvements shall be assumed and discharged by the president of the board of trustees of the district. The duties of other municipal officers designated in those provisions of the Illinois Municipal Code shall be performed by similar officers of the district.

Section 180. Special assessment procedures. When any special assessment is made under this Act, the ordinance authorizing such assessment may provide that the entire assessment and each individual assessment be divided into not more than 20 annual installments. The division shall be made so that all installments shall be equal in amount, except that all fractional amounts shall be added to the first installment to leave the remaining installments of the aggregate equal in amount and each a multiple of $100. The said several installments shall bear interest at a rate not to exceed that permitted for public corporation bonds under the Bond Authorization Act. Both principal and interest shall be payable, collected, and enforced as they shall become due in the manner provided for the levy, payment, collection and enforcement of such assessments and interest, as provided in Divisions 1 and 2 of Article 9 of the Illinois Municipal Code and Division 87 of Article 11 of the Illinois Municipal Code.

Section 185. Bonds for special assessments. If an ordinance regarding improvements that provides for the payment of the improvement by special assessment, either in whole or in part, then the board of trustees may issue bonds to anticipate the collection of the second and succeeding installments of said assessments payable only out of such assessment when collected and bearing interest at the same rate as provided upon the installments of such assessments. Said bonds shall be issued and subject to call and retirement in the same manner as provided in Divisions 1 and 2 of Article 9 of the Illinois Municipal Code and Division 87 of Article 11 of the Illinois Municipal Code.

Section 190. Ordinances requiring the taking or damaging of property. If the board of trustees adopts an ordinance for the making of any improvement authorized by this Act, the making of which will require the taking or damaging of property, the proceeding for the taking or damaging of property and for making just compensation therefor shall be as described in Divisions 1 and 2 of Article 9 of the Illinois Municipal Code and Division 87 of Article 11 of the Illinois Municipal Code.

Section 195. Addition of contiguous territory. Additional contiguous territory may be added to the district in the following manner:

10% or more of the legal voters residing within the limits of such proposed addition to the district may petition the Circuit Court of Cook County to cause the question to be submitted to the legal voters of such proposed additional territory whether such proposed additional territory shall become a part of the district and whether such additional territory and the taxpayers thereof shall assume a proportionate share of the bonded indebtedness, if any, of the district. Such petition shall be addressed to the court and shall contain a definite description of the boundaries of the territory sought to be added. No territory disqualified under this Act may be included.

Upon the filing of such a petition in the office of the Clerk of the Circuit Court of Cook County, the court shall consider the boundaries of such proposed additional territory, whether the same shall be those stated in the petition or otherwise. The decision of the court shall be a final order and appealable as in other civil cases.

Notice shall be given by the court of the time and place when and where all persons interested will be heard substantially. The court shall certify its order and the proposition to the proper election officials who shall submit the proposition at an election in accordance with the general election law. The proposition shall be in substantially the following form:

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For joining sanitary district and assuming a proportionate share of bonded indebtedness, if any.

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Against joining sanitary district and assuming a proportionate share of bonded indebtedness, if any. -------------------------------------------------------------

If a majority of the votes cast at such election are in favor of becoming a part of the district and if the trustees of the district accept the proposed additional territory by ordinance annexing the same, the court shall enter an appropriate order of record in the court, and such additional territory shall thenceforth be added to the district. Any such additional contiguous territory may be annexed to the district upon petition addressed to such court, signed by a majority of the owners of lands constituting such territory who, in the case of natural persons, shall have arrived at lawful age and who represent a majority in area of such territory, and the petition shall contain a definite description of the boundaries of such territory and shall set forth the willingness of the petitioners that such territory and the taxpayers thereof assume a proportionate share of the bonded indebtedness, if any, of the district. Upon the filing of such petition and notice of and hearing and decision upon the same by the aforesaid trustees, all as hereinbefore provided, such trustees or a majority of them, shall enter an order containing their findings and decision as to the boundaries of the territory to be annexed; and thereupon, if the trustees of the district shall pass an ordinance annexing the territory described in such order to the district, the court shall enter an appropriate order as hereinabove provided, and such additional territory shall thenceforth be deemed an integral part of the district.

Section 200. Disconnection of contiguous territory. Contiguous territory located within the boundaries of the district and upon the border of the district may disconnect from the district as follows: 10% or more of the legal voters resident in the territory sought to be disconnected from the district may petition the Circuit Court of Cook County to cause the question of whether such territory shall be disconnected to be submitted to the legal voters of such territory. Such a petition shall be addressed to the court and shall contain a definite description of the boundaries of such territory and recite as a fact, that there is no outstanding bonded indebtedness of the district that was incurred or assumed while such territory was a part of the district and that no special assessments for local improvements were levied upon or assessed against any of the lands within such territory or, if so levied or assessed, that all of such assessments have been fully paid and discharged and that such territory is not, at the time of the filing of such petition, and will not be, either benefited or served by any work or improvements either then existing or then authorized by said district. Upon filing such petition in the office of the Clerk of the Circuit Court of Cook County, the court shall consider the boundaries of such territory and the facts upon which the petition is founded. The court may alter the boundaries of such territory or shall deny the prayer of the petition if the material allegations therein contained are not founded in fact; however, a decision of said trustees or a majority of them shall be conclusive and not subject to review.

Notice shall be given by the court of the time and place when and where all persons interested will be heard. The court shall certify its order and the question to the proper election officials who shall submit the question at an election in accordance with the general election law. The proposition shall be in substantially the following form:

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For disconnection from sanitary district.

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Against disconnection from sanitary district. -------------------------------------------------------------

If a majority of the votes cast at such election are in favor of disconnection and if the trustees of the district, by ordinance, disconnect such territory, then the court shall enter an appropriate order of record in the court and thereafter such territory is disconnected from the district.

Section 205. Unit of local government withdrawal from the district. A unit of local government included in the district may withdraw from the district, however, such unit must pay a fee to the district to compensate for costs incurred by the district as a result of said unit of local government's discharge of groundwater, surface water, sewage, stormwater, and other waters into the district's sewer system. A unit of local government that elects to withdraw from the district shall pay over to the district its proportionate share of the bonded indebtedness, if any, of the district prior to its disconnection.

Section 210. Annexation of territory. The board of trustees of the district may annex territory that is not within the corporate limits of the district if:

(1) the territory is contiguous to the district or the territory is noncontiguous and the owner or owners of record have entered into an agreement requesting the annexation of the noncontiguous territory; and

(2) the territory is served by the district or by a municipality with sewers that are connected and served by the district.

The annexation may be accomplished only by ordinance and the ordinance shall include a description of the annexed territory. A copy of the ordinance and a map of the annexed territory certified as true and accurate by the clerk of the district shall be filed with the county clerk of Cook County. The new boundary shall extend to the far side of any adjacent highway and shall include all of every highway within the area annexed. These highways shall be considered to be annexed even though not included in the legal description in the annexation ordinance.

The territory to be annexed to the district shall be considered to be contiguous to the district notwithstanding that the territory to be annexed is divided by, or that the territory to be annexed is separated from the district by, one or more railroad rights-of-way, public easements, or properties owned by a public utility, a forest preserve district, a public agency, or a not-for-profit corporation.

Section 215. Annexation agreements. The board of trustees of the district may enter into an agreement with one or more of the owners of record of land in any territory that may be annexed to the district as provided in this Act. Such agreement may provide for the annexation of such territory to the district, subject to the provisions of this Act, and any other matter not inconsistent with the provisions of this Act, nor forbidden by law.

Any action taken by the board of trustees during the period such agreement is in effect, that, if it applied to the land that is the subject of the agreement, would be a breach of such agreement, does not apply to such land without an amendment of such agreement.

The board of trustees shall fix a time for and hold a public hearing upon the proposed annexation agreement or amendment, and shall give notice of the proposed agreement or amendment not more than 30 nor less than 15 days before the date fixed for the hearing. This notice shall be published at least once in one or more newspapers published within the district. After such hearing, the agreement or amendment may be modified before execution thereof. The annexation agreement or amendment shall be executed by the president of the board of trustees only after such hearing and upon the adoption of a resolution directing such execution, and the resolution must be passed by a vote of two-thirds of the board of trustees then holding office.

Any annexation agreement executed pursuant to this Section shall be binding upon the successor owners of record of the land that is the subject of the agreement and upon successor board of trustees of the district and any successor districts. A party to such agreement may, by civil action, mandamus, or other proceeding, enforce and compel performance of the agreement.

Section 220. Territory of the district to be considered contiguous territory. Territory that is to be annexed to the district shall be considered to be contiguous to the district even if the territory is divided by one or more railroad rights-of-way, public easements, or property owned by a public utility or even if the territory to be so annexed is separated from the district by one or more railroad rights-of-way, public easements, or property owned by a public utility.

Section 225. Insurance. The board of trustees of the district may arrange to provide for the benefit of employees and trustees of the district group life, health, accident, hospital and medical insurance, or any one or any combination of those types of insurance. The board of trustees may also establish a self-insurance program to provide such group life, health, accident, hospital and medical coverage, or any one or any combination of such coverage. The board of trustees may enact an ordinance prescribing the method of operation of such an insurance program. Such insurance may include provision for employees and trustees who rely on treatment by prayer or spiritual means alone for healing in accordance with the tenets and practice of a well recognized religious denomination. The board of trustees may provide for payment by the district of the premium or charge for such insurance or the cost of a self-insurance program.

The board of trustees may provide for the withholding and deducting from the compensation of such of the employees and trustees as consent thereto the premium or charge for any group life, health, accident, hospital and medical insurance.

The board of trustees may only obtain insurance from an insurance company or companies authorized to do business in the State of Illinois or such other organization or service provider authorized to do business in the State of Illinois.

Section 230. Claims for compensation. A claim for compensation may not be made or an action for damages filed against the district on account of any damage to property occurring on or after the effective date of this Act unless notice in writing is filed with the district's board of trustees within 6 months after the occurrence of the damage. The notice must include the following information: (i) the name and residence address of the owner of the property damaged; (ii) the property's location; and (iii) the probable extent of the damage sustained.

Section 235. Discharge into sewer of the district.

(a) The terms used in this Section are defined as follows:

"Board of trustees" means the board of trustees of the district.

"Industrial wastes" means all solids, liquids, or gaseous wastes resulting from any commercial, industrial, manufacturing, agricultural, trade, or business operation or process or from the development, recovery, or processing of natural resources.

"Other wastes" means decayed wood, sawdust, shavings, bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals, and all other substances except sewage and industrial wastes.

"Person" means any individual, firm, association, joint venture, sole proprietorship, company, partnership, estate copartnership, corporation, joint stock company, trust, school district, unit of local government, or private corporation organized or existing under the laws of this State or any other state or country.

"President" means the president of the board of trustees.

"Sewage" means water-carried human wastes or a combination of water-carried wastes from residences, buildings, businesses, industrial establishments, institutions, or other places together with any groundwater, surface water, stormwater, or other water that may be present.

"Stormwater" means rainwater produced by a storm or other precipitation event, including any and all floodwaters resulting during and after a weather event.

(b) It shall be unlawful for any person to discharge sewage, groundwater, surface water, stormwater, industrial waste, or other wastes or waters into any sewerage system in the control of the district or into any sewer connected therewith, except upon the terms and conditions that the district might reasonably impose by way of ordinance, permit, or otherwise.

The district, in addition to all other powers vested in it and in the interest of public health and safety, or as authorized by subsections (b) and (c) of Section 46 of the Environmental Protection Act, may adopt all ordinances, rules, or regulations necessary to implement this Section, including, but not limited to, the imposition of charges based on factors, including strength and volume and the right of access during reasonable hours.

(c) The district shall require municipalities discharging groundwater, surface water, sewage, stormwater, industrial waste, or other wastes or waters into any sewerage system in the control of the district or into any sewer connected therewith to compensate the district for the use, maintenance, and construction costs of the district sewerage system as a result of such discharge. The district shall charge each municipality on a pro rata basis an amount reasonable and proportionate, as determined by the board of trustees, to the total volume each municipality discharges into the system.

(d) Whenever the district acting through the president determines that groundwater, surface water, sewage, stormwater, industrial wastes, or other wastes are being discharged into a sewerage system in the control of the district and when, in the opinion of the president, the discharge is in violation of an ordinance, rules, or regulations adopted by the board of trustees under this Section governing industrial wastes or other wastes, the president shall order the offending party to cease and desist. The order shall be served on the offending party by U.S. first-class mail, U.S. certified mail, personally, or by email as provided in subsection (l).

If the offending party fails or refuses to immediately discontinue the discharge after service of the cease-and-desist order, the president may order the offending party to show cause before the board of trustees of the district why the discharge should not be discontinued. A notice shall be served directing the offending party to show cause before the board of trustees why an order should not be entered directing the discontinuance of the discharge. The notice shall specify the time and place where a hearing will be held and shall be served on the offending party by U.S. first-class mail, U.S. certified mail, personally, or by email as provided in subsection (l) at least 10 days before the hearing; and, in the case of a unit of local government or a corporation, the service shall be upon an officer or agent thereof. After reviewing the evidence, the board of trustees may issue an order to the party responsible for the discharge directing that within a specified period of time the discharge be discontinued. The board of trustees may also order the party responsible for the discharge to pay a civil penalty in an amount specified by the board of trustees that is not less than $1,000 nor more than $2,000 per day for each day of discharge of effluent in violation of this Act as provided in subsection (d); however, if the part responsible is a unit of government, the board of trustees may order the party to pay a civil penalty in an amount specified by the board of trustees that is not less than $10,000 nor more than $20,000 per day for each day of discharge of effluent in violation of this Act as provided in subsection (d). The board of trustees may also order the party responsible for the violation to all costs and legal fees associated with the violation.

(e) The board of trustees shall establish procedures for assessing civil penalties and issuing orders under subsection (c) as follows:

(1) In making its orders and determinations, the board of trustees shall take into consideration all the facts and circumstances bearing on the activities involved and the assessment of civil penalties as shown by the record produced at the hearing.

(2) The board of trustees shall establish a panel of independent hearing officers to conduct all hearings on the assessment of civil penalties and issuance of orders under subsection (c). The hearing officers shall be attorneys licensed to practice law in this State.

(3) The board of trustees shall promulgate procedural rules governing the proceedings, the assessment of civil penalties, and the issuance of orders.

(4) All hearings shall be on the record, and testimony taken must be under oath and recorded stenographically. Transcripts so recorded must be made available to any member of the public or any party to the hearing upon payment of the usual charges for transcripts. At the hearing, the hearing officer may issue, in the name of the board of trustees, notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing and may examine witnesses.

(5) The hearing officer shall conduct a full and impartial hearing on the record with an opportunity for the presentation of evidence and cross-examination of the witnesses. The hearing officer shall issue findings of fact, conclusions of law, a recommended civil penalty, and an order based solely on the record. The hearing officer may also recommend, as part of the order, that the discharge of industrial waste be discontinued within a specified time.

(6) The findings of fact, conclusions of law, recommended civil penalty, and order shall be transmitted to the board of trustees along with a complete record of the hearing.

(7) The board of trustees shall either approve or disapprove the findings of fact, conclusions of law, recommended civil penalty, and order. If the findings of fact, conclusions of law, recommended civil penalty, or order are rejected, the board of trustees shall remand the matter to the hearing officer for further proceedings. If the order is accepted by the board of trustees, it shall constitute the final order of the board of trustees.

(8) The civil penalty specified by the board of trustees shall be paid within 35 days after the party on whom it is imposed receives a written copy of the order of the board of trustees, unless the person or persons to whom the order is issued seeks judicial review.

(9) If the party seeks judicial review of the order assessing civil penalties, the party shall, within 35 days after the date of the final order, pay the amount of the civil penalties into an escrow account maintained by the district for that purpose or file a bond guaranteeing payment of the civil penalties if the civil penalties are upheld on review.

(10) Civil penalties not paid by the times specified in this subsection shall be delinquent and subject to additional interest and penalties. The penalties and interest provided for in this subsection shall be in addition to and not in derogation of any other remedy or right of recovery, in law or equity, that the district may have with respect to the collection or recovery of penalties and charges imposed by the district.

(f) The president may order a unit of local government or any person to cease the discharge of groundwater, surface water, sewage, stormwater, effluent, or industrial waste upon a finding by the president that the final order of the board of trustees entered after a hearing to show cause has been violated. The order shall be served on the offending party by U.S. first-class mail, U.S. certified mail, personally, or by email as provided in subsection (l). The order of the president shall also schedule an expedited hearing before a hearing officer designated by the board of trustees for the purpose of determining whether the party has violated the final order of the board of trustees The board of trustees shall adopt rules of procedure governing expedited hearings. In no event shall the hearing be conducted less than 7 days after service of the president's order on the offending party.

At the conclusion of the expedited hearing, the hearing officer shall prepare a report with his or her findings and recommendations and transmit it to the board of trustees. If the board of trustees, after reviewing the findings and recommendations and the record produced at the hearings, determines that the party has violated the board of trustees' final order, the board of trustees may authorize the plugging of the sewer or the disconnection of a party from the sewer system. The president shall give not less than 10 days' written notice of board of trustees' order to the unit of local government, owner, officer, registered agent, or individual designated by permit, that the sewer will be plugged or otherwise disconnected.

The option to plug a sewer shall be in addition to and not in derogation of any other remedy, in law or in equity, that the district may have to prevent violation of its ordinances and orders of its board of trustees.

(g) A violation of the final order of the board of trustees shall be considered a nuisance. If any person discharges groundwater, surface water, sewage, stormwater, effluent, industrial wastes, or other wastes into any sewers or systems owned or operated by the district contrary to the final order of the board of trustees, the district acting through the president may commence an action or proceeding in the circuit court in and for the county in which the district is located for the purpose of having the discharge stopped either by mandamus or injunction, or to remedy the violation in any manner provided for in this Section.

The court shall specify a time, not exceeding 20 days after the service of the copy of the complaint, in which the party complained of must plead to the complaint, and in the meantime, the party may be restrained. In case of default or after pleading, the court shall immediately inquire into the facts and circumstances of the case and enter an appropriate judgment in respect to the matters complained of. Appeals may be taken as in other civil cases.

(h) The district, acting through the president, may commence an action or proceeding for mandamus or injunction in the circuit court ordering a party to cease its discharge, when, in the opinion of the president, the party's discharge presents an imminent danger to the public health, welfare, or safety, presents or may present an endangerment to the environment, creates a risk of flooding, or threatens to interfere with the operation of the sewerage system under the jurisdiction of the district. The initiation of a show cause hearing is not a prerequisite to the commencement by the district of an action or proceeding for mandamus or injunction in the circuit court. The court shall specify a time, not exceeding 20 days after the service of a copy of the petition, in which the party complained of must answer the petition, and in the meantime, the party may be restrained. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances of the case and enter an appropriate judgment order in respect to the matters complained of. An appeal may be taken from the final judgment in the same manner and with the same effect as appeals are taken from judgment of the circuit court in other actions for mandamus or injunction.

(i) Whenever the district commences an action under subsection (f), the court shall assess a civil penalty of not less than $1,000 nor more than $10,000 for each day the party violates a board order. Whenever the district commences an action under subsection (g), the court shall assess a civil penalty of not less than $1,000 nor more than $10,000 for each day the person violates the ordinance. Each day's continuance of the violation is a separate offense. The penalties provided in this Section plus interest at the rate set forth in the Interest Act on unpaid penalties, costs, and fees, imposed by the board of trustees under subsection (d), the reasonable costs to the district of removal or other remedial action caused by discharges in violation of this Act, reasonable attorney's fees, court costs, and other expenses of litigation together with costs for inspection, sampling, analysis, and administration related to the enforcement action against the offending party are recoverable by the district in a civil action.

(j) The board of trustees may establish fees for late filing of reports with the district required by an ordinance governing discharges. The district shall provide a written notice of the fee assessment by U.S. first-class mail, U.S. certified mail, personally or by email as provided in subsection (l) that states the party has 30 days after being served with the notice to request a conference with the president's designee to discuss or dispute the appropriateness of the assessed fee. Unless a party objects to paying the fee for filing a report late by timely requesting in writing a conference with a designee of the president, that party waives its right to a conference.

If a party requests a conference and the matter is not resolved at the conference, the party subject to the fee may request an administrative hearing before an impartial hearing officer appointed under subsection (d) to determine the party's liability for and the amount of the fee.

If the hearing officer finds that the late filing fees are owed to the district, the district shall notify the responsible party or parties of the hearing officer's decision. If payment is not made within 30 days after the notice, the fee shall be deemed delinquent and the district may impose additional penalties and interest.

(k) The provisions of the Administrative Review Law and all rules adopted pursuant to that Law apply to and govern all proceedings for the judicial review of final administrative decisions of the board of trustees in the enforcement of any ordinance, rule, or regulation adopted under this Act.

(l) Solely in relation to the discharge of groundwater, surface water, sewage, stormwater, industrial wastes, or other wastes subject to one of the district's ordinances, the district may implement an electronic reporting system that will allow notices, orders, and other documents to be sent directly by email to persons or entities registered with the district, and, in the discretion of the district, to allow those persons or entities registered with the district to view, modify, or submit documents using the electronic reporting system. Whenever this Section provides for service of documents by the district by U.S. first-class mail, U.S. certified mail, or personal service, the district may serve by email the documents upon the registered persons or entities in lieu of service by U.S. first-class mail, U.S. certified mail, or personal service. Enrollment in the electronic reporting system in this subsection is voluntary and limited to nonresidential facilities or uses. Service by email under this Section is only permitted on those persons or entities that voluntarily enroll in the system. The district shall adopt rules, as approved by ordinance, to ensure service of process by email is properly effectuated upon the registered persons and entities.

Section 240. Stormwater management.

(a) The district may plan, manage, implement, and finance activities relating to stormwater management within the boundaries of the district in conformance with the countywide stormwater management plan for Cook County. The district's actions under this Section may not infringe upon the stormwater management authority of the Metropolitan Water Reclamation District of Greater Chicago.

For the purposes of this Section, the term "stormwater management" includes, without limitation, the management of floods and floodwaters.

(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 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.

The district 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.

The district may enter into intergovernmental agreements with 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.

(c) The district shall prepare and adopt by ordinance a stormwater management plan for the district. The plan may incorporate one or more separate watershed plans and shall be at least as stringent as the stormwater management plan established by the Metropolitan Water Reclamation District.

Prior to adopting the stormwater management plan, the district shall hold at least one public hearing thereon and shall afford interested persons an opportunity to be heard.

The district shall obtain all necessary permits and approvals from the Metropolitan Water Reclamation District in accordance with applicable law.

(d) The district may prescribe, by ordinance, reasonable rules and regulations for floodplain and stormwater management and for governing the location, width, course, and release rate of all sewers and stormwater runoff channels and basins in the district 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.

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.

(e) Civil penalties assessed by the board of trustees for violations of an ordinance adopted under subsection (d) shall be assessed following a hearing that shall be conducted by the board of trustees or its designee pursuant to procedures adopted by the board of trustees. The procedures shall include, at a minimum, the following:

(1) In addition to any civil penalty imposed, the board of trustees 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 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 trustees.

(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 trustees under this Section shall be paid by the party or parties in violation no later than the latter of (i) 35 days after the party receives a written copy of the order of the board of trustees imposing the civil penalties, costs, or fees or (ii) the date ordered by the board of trustees.

(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) Civil penalties, fees, and costs imposed under this Section are recoverable by the district in a civil action by all remedies available under law.

(5) The district may apply to the circuit court for an injunction or mandamus when, in the opinion of the president of the district, the person has failed to comply with an order of the board of trustees 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 trustees issued under this subsection.

(f) 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 the development, design, planning, construction, operation, and maintenance of stormwater facilities and use of the Town of Cicero sewer systems. The unit of local government in which the stormwater services are performed shall remit the fees to the district. All such fees collected by the district shall be held in a separate fund and used for implementation of this Section.

(g) Amounts collected by the district under this Act that are designated for corporate purposes or for stormwater management purposes may be used by the district for implementing this Section and for the development, design, planning, construction, operation, and maintenance of regional and local stormwater facilities provided for in the stormwater management plan.

(h) The district may plan, implement, finance, and operate regional and local stormwater management projects in accordance with the adopted countywide stormwater management plan.

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.

The district may issue bonds under Section 100 of this Act for the purpose of funding stormwater management projects.

The district may not use Cook County Forest Preserve District land for stormwater or flood control projects without the consent of that 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 allowed under this Act.

(i) 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.

An active drainage district implementing a plan that is consistent with and at least as stringent as the district's stormwater management plan may petition the district for exception from dissolution. Upon filing of the petition, the 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. If the exception is not allowed, the drainage district may file a petition with the circuit court within 30 days after 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.

The dissolution of a drainage district does 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 special assessments upon the property in the former drainage district. All property and obligations of the former drainage district shall be assumed and managed by the district, and the debts of the former drainage district shall be discharged as soon as practicable.

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 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 that is located within the area being disconnected.

A drainage district that is not dissolved under this subsection within Cook County shall conform its operations to the countywide stormwater management plan for Cook County.

(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.

(k) The district shall post a report on its website annually on its activities and expenditures under this Section.

(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.

(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.

Section 900. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 905. The Eminent Domain Act is amended by adding Section 15-5-49 as follows:

(735 ILCS 30/15-5-49 new)

Sec. 15-5-49. Eminent domain powers in new Acts. The following provisions of law may include express grants of the power to acquire property by condemnation or eminent domain: West Cook Flood Prevention District Act; Board of Trustees of the district; for general district purposes.".