Full Text of HB0477 103rd General Assembly
HB0477ham001 103RD GENERAL ASSEMBLY | Rep. Elizabeth "Lisa" Hernandez Filed: 4/15/2024 | | 10300HB0477ham001 | | LRB103 04047 AWJ 70045 a |
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| 1 | | AMENDMENT TO HOUSE BILL 477
| 2 | | AMENDMENT NO. ______. Amend House Bill 477 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the West | 5 | | Cook Flood Prevention District Act. | 6 | | Section 5. District established. A flood prevention | 7 | | district is formed to be known as the West Cook Flood | 8 | | Prevention District created for the purpose of managing the | 9 | | water that flows into the Town of Cicero sewer system, | 10 | | including the interceptor sewer. | 11 | | Section 10. Territory of district. The district is | 12 | | composed of corporate limits of the Town of Cicero as well as | 13 | | the portions of the City of Berwyn, the Village of Oak Park, | 14 | | and the City of Chicago from which sewage or stormwater is | 15 | | discharged into the Cicero sewerage system or any sewer |
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| 1 | | connected therewith. Within 90 days after the effective date | 2 | | of this Act, the board shall meet and create a legal | 3 | | description of the boundaries of the district. | 4 | | Section 15. Appointment of trustees; terms. The board of | 5 | | trustees of the West Cook Flood Prevention District consists | 6 | | of the following trustees: four of the trustees shall be | 7 | | residents of the Town of Cicero, one shall be a resident of the | 8 | | City of Berwyn, one shall be a resident of the Village of Oak | 9 | | Park, and one shall be a resident of the City of Chicago. The | 10 | | appointment of the trustees shall be made by the president or | 11 | | mayor of each municipality in which the trustee resides with | 12 | | the advice and consent of the respective municipal board or | 13 | | council. | 14 | | In the first appointments to the board of trustees, the | 15 | | appointing authority appointing 4 trustees shall designate 2 | 16 | | appointees to serve for a term of 3 years and 2 appointees to | 17 | | serve for a term of 5 years, and the appointing authorities | 18 | | appointing one trustee each shall designate their appointees | 19 | | to serve for a term of 2 years. | 20 | | Thereafter, trustees shall be appointed by the appropriate | 21 | | appointing authority for a term of 4 years. A vacancy on the | 22 | | board of trustees shall be filled by appointment by the | 23 | | appropriate appointing authority for the remainder of the | 24 | | unexpired term. | 25 | | Each trustee's term shall begin on May 15 of the year in |
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| 1 | | which the trustee was appointed, except for the initial | 2 | | appointments made under this Act. Within 30 days after the | 3 | | effective date of this Act, as provided in this Section, each | 4 | | appointing authority shall appoint the initial trustees, whose | 5 | | terms begin 60 days after the effective date of this Act. | 6 | | Each of the trustees, upon entering the duties of their | 7 | | respective offices, shall execute a bond with security, in the | 8 | | amount and form to be approved by the board of trustees, | 9 | | payable to the district, in the penal sum of not less than | 10 | | $10,000, as directed by resolution or ordinance, conditioned | 11 | | upon the faithful performance of the duties of the office. | 12 | | Each bond shall be filed with and preserved by the board | 13 | | secretary. | 14 | | When a vacancy exists in the office of trustees of the | 15 | | district, the vacancy shall be filled by appointment of an | 16 | | individual of the same municipality as that of the trustee who | 17 | | vacated the seat by the same appointing authority as the | 18 | | trustee who vacated the seat, with the advice and consent of | 19 | | the district board of trustees, and the appointment shall be | 20 | | for the remainder of the term. | 21 | | A majority of the board of trustees constitutes a quorum. | 22 | | A trustee or employee of the district may not be directly or | 23 | | indirectly interested: in a contract, work, or business of the | 24 | | district or the sale of any article, the expense, price, or | 25 | | consideration that is paid by the district; or in the purchase | 26 | | of a real estate or other property belonging to the district or |
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| 1 | | that shall be sold for taxes or assessments or by virtue of | 2 | | legal process at the suit of the district. The trustees may | 3 | | provide and adopt a corporate seal for the district. | 4 | | Section 20. Board of trustees; powers; compensation. The | 5 | | board of trustees shall exercise all the powers and manage and | 6 | | control all the affairs and property of the district. The | 7 | | board shall elect by popular vote a president and | 8 | | vice-president from among their own number. In case of the | 9 | | death, resignation, absence from the State, or other | 10 | | disability of the president, the powers, duties, and | 11 | | emoluments of the office of the president shall devolve upon | 12 | | the vice-president until the disability is removed or until a | 13 | | successor to the president is appointed and chosen in the | 14 | | manner provided in this Act. The board may select a secretary, | 15 | | treasurer, and attorney and may provide by ordinance for the | 16 | | employment of other employees as the board deems necessary for | 17 | | the district. | 18 | | The board may appoint such other officers and hire such | 19 | | employees to manage and control the operations of the district | 20 | | as it deems necessary; except that the board may not employ an | 21 | | individual as a wastewater operator whose certificate of | 22 | | technical competency is suspended or revoked under rules | 23 | | adopted by the Pollution Control Board under item (4) of | 24 | | subsection (a) of Section 13 of the Environmental Protection | 25 | | Act. All employees selected by the board shall hold their |
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| 1 | | respective offices during the pleasure of the board and give a | 2 | | bond as may be required by the board. The board may prescribe | 3 | | the duties and fix the compensation of all the officers and | 4 | | employees of the district. However, the president of the board | 5 | | may not receive more than $18,000 per year, and each other | 6 | | member of the board may not receive more than $15,000 per year. | 7 | | The board of trustees may pass all necessary ordinances, | 8 | | rules, and regulations for the proper management and conduct | 9 | | of the business of the board and of the district and for | 10 | | carrying into effect the objects for which the district was | 11 | | formed. The ordinances may provide for a fine for each offense | 12 | | of not less than $100 or more than $1,000. Each day's | 13 | | continuance of a violation shall be a separate offense. Fines | 14 | | under this Section are recoverable by the district in a civil | 15 | | action. The district may apply to the circuit court for | 16 | | injunctive relief or mandamus when, in the opinion of the | 17 | | board of trustees, the relief is necessary to protect the | 18 | | sewerage system of the district. | 19 | | Section 25. Ordinance enactment and rulemaking procedures. | 20 | | (a) No ordinance or rule imposing a penalty, or assessing | 21 | | a charge under Section 80, shall take effect until the board of | 22 | | trustees has complied with the requirements of this Section. | 23 | | As used in this Section, "rule" means a rule, regulation, | 24 | | order, or resolution. | 25 | | (1) Not less than 30 days before the effective date of |
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| 1 | | a proposed ordinance or rule imposing a penalty or | 2 | | assessing a charge under Section 80, the board of trustees | 3 | | shall publish a general notice of the proposed ordinance | 4 | | or rule imposing a penalty or assessing a charge under | 5 | | Section 80 in a newspaper of general circulation in the | 6 | | district or, if no such newspaper exists, shall post | 7 | | copies of the notice in 3 public places in the district | 8 | | unless persons subject to the proposed ordinance or rule | 9 | | are named and either personally served or otherwise have | 10 | | actual notice in accordance with the law. The notice shall | 11 | | include the following: | 12 | | (A) A statement of the time, place, and nature of | 13 | | public proceedings to consider or adopt the proposed | 14 | | ordinance or rule. | 15 | | (B) Reference to the legal authority under which | 16 | | the ordinance or rule is proposed. | 17 | | (C) Either the terms or substance of the proposed | 18 | | ordinance or rule or a description of the subjects and | 19 | | issues involved. | 20 | | (2) After publication or service of the notice of the | 21 | | proposed ordinance or rule imposing a penalty or assessing | 22 | | a charge under Section 80, the board of trustees shall | 23 | | give interested persons a meaningful opportunity to | 24 | | participate in the process through submission of written | 25 | | data, views, or arguments with or without the opportunity | 26 | | for oral presentation. After consideration of the relevant |
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| 1 | | matter presented, the board of trustees shall incorporate | 2 | | in the adopted ordinance or rule a concise general | 3 | | statement of its basis and purpose and in an accompanying | 4 | | explanatory notice shall specifically address each comment | 5 | | received by the board. | 6 | | (3) The board of trustees shall make the required | 7 | | publication or service of notice of a final ordinance or | 8 | | rule imposing a penalty or assessing a charge under | 9 | | Section 80 not less than 30 days before its effective | 10 | | date. | 11 | | (b) Except as otherwise provided in this Section, no other | 12 | | ordinance or rule shall take effect until 10 days after it is | 13 | | published. However, notwithstanding the provisions of this | 14 | | Section, any ordinance or rule that contains a statement of | 15 | | its urgency in the preamble or body thereof, may take effect | 16 | | immediately upon its passage if the board of trustees, by a | 17 | | vote of two-thirds of all the members then holding office, so | 18 | | direct. The decision of the board of trustees as to the urgency | 19 | | of any ordinance is not subject to judicial review except for | 20 | | an abuse of discretion. | 21 | | (c) Except as otherwise provided in this Section, all | 22 | | ordinances, rules, or resolutions shall be (i) printed or | 23 | | published in book or pamphlet form, published by authority of | 24 | | the board of trustees, or (ii) published at least once, within | 25 | | 30 days after passage, in one or more newspapers published in | 26 | | the district, or, if no newspaper is published therein, then |
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| 1 | | in one or more newspapers with a general circulation within | 2 | | the district. Publication shall be satisfied by either item | 3 | | (i) or (ii) notwithstanding any other provision in this Act. | 4 | | If there is an error in printing, the publishing requirement | 5 | | of this Act is satisfied if those portions of the ordinance or | 6 | | rule that were erroneously printed are republished, correctly, | 7 | | within 30 days after the original publication that contained | 8 | | the error. The fact that an error occurred in publication does | 9 | | not affect the effective date of the ordinance or rule so | 10 | | published. If the error in printing is not corrected within 30 | 11 | | days after the date of the original publication that contained | 12 | | the error, as provided in this paragraph, the board of | 13 | | trustees may, by ordinance, declare the ordinance or rule that | 14 | | was erroneously published to be nevertheless valid and in | 15 | | effect no sooner than 10 days after the date of the original | 16 | | publication, notwithstanding the error in publication, and | 17 | | shall order the original ordinance or rule to be published | 18 | | once more within 30 days after the passage of the validating | 19 | | ordinance. | 20 | | (d) The board of trustees shall give an interested person | 21 | | the right to petition for the issuance, amendment, or repeal | 22 | | of an ordinance or a rule. | 23 | | Section 30. Certification of ordinances, orders, and | 24 | | resolutions; judicial notice. All ordinances, orders, and | 25 | | resolutions, and the date of publication thereof, may be |
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| 1 | | proven by the certificate of the clerk, under the seal of the | 2 | | district, and, when printed in book or pamphlet form and | 3 | | purporting to be published by the board of trustees, such book | 4 | | or pamphlet shall be received as evidence of the passage and | 5 | | legal publication of such ordinances, orders, and resolutions | 6 | | as of the dates mentioned in such book or pamphlet in all | 7 | | courts and places without further proof. | 8 | | Section 35. Fines and criminal offenses for ordinance or | 9 | | resolution violations. Actions to impose a fine or | 10 | | imprisonment for violation of a district ordinance or | 11 | | resolution adopted under authority of this Act shall be | 12 | | brought in the corporate name of the district as plaintiff. | 13 | | Such actions shall commence with a complaint or a warrant. A | 14 | | warrant may be issued upon execution of an affidavit by any | 15 | | person alleging that he has reasonable grounds to believe that | 16 | | the person to be named in the warrant has violated a district | 17 | | ordinance or resolution. A person arrested upon such a warrant | 18 | | shall be taken without unnecessary delay before the proper | 19 | | officer for trial. | 20 | | Fines for the violation of district ordinances or | 21 | | resolutions shall be established by ordinance or resolution | 22 | | and, when collected, shall be paid into the district treasury | 23 | | at such times and in a manner prescribed by ordinance or | 24 | | resolution. | 25 | | A person who is fined for violation of a district |
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| 1 | | ordinance or resolution may be committed to the county jail or | 2 | | to any place provided by ordinance or resolution for the | 3 | | incarceration of offenders until the fine and costs are paid. | 4 | | No incarceration, however, shall exceed 6 months for any one | 5 | | offense. | 6 | | The committed person shall be allowed, exclusive of the | 7 | | person's board, a credit of $5 toward the fine and costs for | 8 | | each day of confinement. The district may make agreements with | 9 | | a county or municipality for holding such persons in a | 10 | | facility operated by them for the incarceration of violators | 11 | | of ordinances or resolutions. | 12 | | Section 40. Powers of the board of trustees. The board of | 13 | | trustees of the district may provide for the efficient | 14 | | drainage of storm and sewer waters within the district and | 15 | | save and preserve the water supplied to the inhabitants of the | 16 | | district from contamination. For that purpose, the board may | 17 | | construct and maintain an enclosed conduit or conduits, main | 18 | | pipes, wholly or partially submerged, buried or otherwise, and | 19 | | by means of pumps or otherwise cause such sewage or stormwater | 20 | | to flow or to be forced through such conduit or conduits, pipe | 21 | | or pipes to and into any ditch or canal constructed and | 22 | | operated by any other district, after having first acquired | 23 | | the right so to do. Such board may provide for the drainage of | 24 | | the district by laying out, establishing, constructing, and | 25 | | maintaining one or more channels, drains, ditches, and outlets |
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| 1 | | for carrying off and disposing of the drainage, including the | 2 | | sewage, of the district, together with such adjuncts and | 3 | | additions thereto as may be necessary or proper to cause such | 4 | | channels or outlets to accomplish the end for which they are | 5 | | designed, in a satisfactory manner, including pumps and | 6 | | pumping stations and the operation of the same. Such board may | 7 | | provide suitable and modernly equipped sewage treatment works | 8 | | or plants for the separation and treatment of all solids and | 9 | | deleterious matter from the liquids, shall treat and purify | 10 | | the residue of such sewage so that when it flows into any lake, | 11 | | and may not injuriously contaminate the waters thereof. The | 12 | | board may adopt any feasible method to accomplish the object | 13 | | for which the district was created and may also provide means | 14 | | whereby the district may reach and procure supplies of water | 15 | | for diluting and flushing purposes. The board of trustees of | 16 | | the district may also enter into an agreement to sell, convey, | 17 | | or disburse treated wastewater to any public or private entity | 18 | | located within or outside the boundaries of the district. Any | 19 | | use of treated wastewater by a public or private entity is | 20 | | subject to the orders of the Pollution Control Board. The | 21 | | agreement may not exceed 20 years. | 22 | | Nothing in this Section may be construed to empower, | 23 | | authorize, or require such board of trustees to operate a | 24 | | system of water works for the purpose of furnishing or | 25 | | delivering water to any such municipality or to the | 26 | | inhabitants of the municipality without payment for the water |
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| 1 | | at such rates as the board may determine. Nothing in this Act | 2 | | shall require a district to extend service to any individual | 3 | | residence or other building within the district, and it is the | 4 | | intent of the General Assembly that any construction or | 5 | | funding contemplated by this Section shall be restricted to | 6 | | construction or funding of works and main or interceptor | 7 | | sewers, conduits, channels, and similar facilities, but not | 8 | | individual service lines. Nothing in this Act authorizes the | 9 | | trustees to flow the stormwater or sewage of the district into | 10 | | Lake Michigan. Any such plan for sewage disposal by the | 11 | | district is prohibited unless such sewage has been treated and | 12 | | purified as provided in this Section, all laws of the federal | 13 | | government relating to the pollution of navigable waters have | 14 | | been complied with, and the approval of plans and | 15 | | constructions of outlets and connection with any of the | 16 | | streams or navigable bodies of water within or bordering upon | 17 | | the State has been obtained from the Department of Natural | 18 | | Resources. The discharge of any sewage from the district into | 19 | | any of the streams or navigable bodies of water within or | 20 | | bordering upon the State is subject to the orders of the | 21 | | Pollution Control Board. Nothing in this Act may be construed | 22 | | as superseding or in any manner limiting the provisions of the | 23 | | Environmental Protection Act. | 24 | | After the construction of such a sewage disposal plant, if | 25 | | the board finds that it will promote the prevention of | 26 | | pollution of waters of the State, such board of trustees may |
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| 1 | | adopt ordinances or rules and regulations prohibiting or | 2 | | regulating the discharge to sewers of inadmissible wastes or | 3 | | substances toxic to biological wastewater treatment processes. | 4 | | Inadmissible wastes include those that create a fire or | 5 | | explosion hazard in the sewer or treatment works; those that | 6 | | will impair the hydraulic capacity of sewer systems; and those | 7 | | that, in any quantity, create a hazard to people, sewer | 8 | | systems, treatment processes, or receiving waters. Substances | 9 | | that may be toxic to wastewater treatment processes include | 10 | | copper, chromium, lead, zinc, arsenic, nickel, barium, | 11 | | cadmium, mercury, selenium, silver, and any poisonous | 12 | | compounds, such as cyanide or radioactive wastes that pass | 13 | | through wastewater treatment plants in hazardous | 14 | | concentrations and menace users of the receiving waters. Such | 15 | | ordinances or rules and regulations shall be effective | 16 | | throughout the district in both the incorporated areas as well | 17 | | as the unincorporated areas and all public sewers therein. | 18 | | Section 45. Additional powers of the board of trustees. | 19 | | (a) In addition to the powers and authority under this | 20 | | Act, the board of trustees of the district may, by majority | 21 | | vote: | 22 | | (1) To use the general funds of the district to | 23 | | defend, indemnify, and hold harmless, in whole or in part, | 24 | | the board of trustees, members of the board of trustees, | 25 | | and officials and employees of the district from financial |
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| 1 | | loss and expenses, including court costs, investigation | 2 | | costs, actuarial studies, attorney's fees, and actual and | 3 | | punitive damages arising out of any civil proceedings, | 4 | | including, but not limited to, proceedings alleging | 5 | | antitrust violations or the deprivation of civil or | 6 | | constitutional rights, claims, demands, or judgments | 7 | | instituted, made, or entered against such board, trustee, | 8 | | official, or employee by reason of its or the person's | 9 | | wrongful or negligent statements, acts, or omissions if | 10 | | such statements, acts, or omissions: (i) occur while the | 11 | | board, trustee, official, or employee is acting in the | 12 | | discharge of its or the person's duties and within the | 13 | | scope of employment; and (ii) do not constitute willful | 14 | | and wanton misconduct. | 15 | | (2) To obtain and provide for any or all the matters | 16 | | and purposes described in paragraph (1) for public | 17 | | officials' liability, comprehensive general liability, and | 18 | | such other forms of insurance coverage as the board of | 19 | | trustees shall determine necessary or advisable and any | 20 | | insurance so obtained and provided must be carried in a | 21 | | company or companies licensed to write such coverage in | 22 | | this State. | 23 | | (3) To establish and provide for any or all the | 24 | | matters and purposes described in paragraph (1) a program | 25 | | of self-insurance and, in furtherance thereof, to | 26 | | establish and accumulate reserves for the payment of |
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| 1 | | financial loss and expenses, including court costs, | 2 | | investigation costs, actuarial studies, attorney's fees, | 3 | | and actual and punitive damages associated with | 4 | | liabilities arising out of civil proceedings, claims, | 5 | | demands, or judgments instituted, made, or entered as set | 6 | | forth in paragraph (1). | 7 | | (4) In connection with providing for any or all the | 8 | | matters and purposes described in paragraph (1) and when | 9 | | permitted by law to enter into an agreement with any | 10 | | special district, unit of government, person, or | 11 | | corporation for the use of property or the performance of | 12 | | any function, service, or act, to agree to the sharing or | 13 | | allocation of liabilities and damages resulting from such | 14 | | use of property or performance of function, service or | 15 | | act, in which event such agreement may provide for | 16 | | contribution or indemnification by any or all the parties | 17 | | to the agreement upon any liability arising out of the | 18 | | performance of the agreement. | 19 | | (b) If the board of trustees of the district undertakes to | 20 | | provide insurance or to establish a program of self-insurance | 21 | | and to establish and accumulate reserves for any or all the | 22 | | matters and purposes described in paragraph (1) of subsection | 23 | | (a), such reserves shall be established and accumulated for | 24 | | such matters and purposes subject to the following conditions: | 25 | | (1) the amount of such reserves may not exceed the | 26 | | amount necessary and proper, based on experience or |
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| 1 | | independent actuarial determinations; | 2 | | (2) all earnings derived from such reserves shall be | 3 | | considered part of the reserves and may be used only for | 4 | | the same matters and purposes for which the reserves may | 5 | | be used; | 6 | | (3) reserves may be used only: for the purposes of | 7 | | making payments for financial loss and expenses, including | 8 | | actual and punitive damages, attorney's fees, court costs, | 9 | | investigation costs, and actuarial studies associated with | 10 | | liabilities arising out of civil proceedings, claims, | 11 | | demands, or judgments instituted, made, or entered under | 12 | | paragraph (1) of subsection (a) in connection with the | 13 | | statements, acts, or omissions of the board or of a | 14 | | trustee, official, or employee of the board or the | 15 | | district of which the statements, acts, or omissions occur | 16 | | while the board, trustee, official, or employee is acting | 17 | | in the discharge of the board's or person's duties and | 18 | | within the scope of employment and of which the | 19 | | statements, acts, or omissions do not constitute willful | 20 | | and wanton misconduct; for payment of insurance premiums; | 21 | | and for the purposes of making payments for losses | 22 | | resulting from any insured peril; | 23 | | (4) all funds collected for the matters and purposes | 24 | | specified in paragraph (3) or earmarked for such matters | 25 | | and purposes must be placed in the reserves; and | 26 | | (5) whenever the reserves have a balance in excess of |
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| 1 | | what is necessary and proper, then contributions, charges, | 2 | | assessments, or other forms of funding for the reserves | 3 | | shall be appropriately decreased. | 4 | | Section 50. Town of Cicero sewer system. In providing for | 5 | | works and maintenance for the collection of water into the | 6 | | Town of Cicero sewer system or systems owned or operated by the | 7 | | district, the district may apportion and collect therefore, | 8 | | from the municipal producer thereof, fair construction, | 9 | | maintenance, and operating costs on an annual basis, and, if a | 10 | | dispute arises as to the fairness of such additional | 11 | | construction, maintenance, and operating costs, then the same | 12 | | shall be determined by an arbitration board of 3 engineers, | 13 | | one appointed by the district, one appointed by such producer | 14 | | or producers or their legal representatives, and the third to | 15 | | be appointed by the 2 engineers selected as above described. | 16 | | If the 2 engineers so selected fail to agree upon a third | 17 | | engineer, then, upon the petition of either of the parties, | 18 | | the circuit judge shall appoint such third engineer. A | 19 | | decision of a majority of the arbitration board shall be | 20 | | binding on both parties and the cost of the services of the | 21 | | arbitration board shall be shared by both parties equally. | 22 | | Such decision is an administrative decision and is subject to | 23 | | judicial review as provided in the Administrative Review Law. | 24 | | Section 55. Municipal sewer systems. Where any sewer |
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| 1 | | system under the jurisdiction of a municipality is tributary | 2 | | to the district's sewer system, and the board of trustees of | 3 | | the district finds that it will conduce to the public health, | 4 | | comfort, or convenience, the board may regulate, limit, | 5 | | extend, deny, or otherwise control any connection to such | 6 | | sewer tributary to the district's sewer system by any person | 7 | | or municipal corporation regardless of whether the sewer into | 8 | | which the connection is made is directly under the | 9 | | jurisdiction of the district or not. | 10 | | Section 60. Other sewer systems, sewage treatment works, | 11 | | or sewage treatment facilities. The district may require that | 12 | | any sewer system, sewage treatment works, or sewage treatment | 13 | | facility constructed in or within 3 miles of the limits of the | 14 | | district that is tributary thereto and not within the limits | 15 | | of any other district be constructed in accordance with the | 16 | | accepted standards and specifications of the district and | 17 | | shall further have the authority to cause inspection of the | 18 | | construction of such sewer system, sewage treatment works, or | 19 | | sewage treatment facility to be made to ascertain that it | 20 | | comply with the standards and specifications of the district. | 21 | | Notwithstanding this Section, if the ordinances, rules, or | 22 | | regulations of the Metropolitan Water Reclamation District | 23 | | conflict with the ordinances, rules, or regulations of the | 24 | | district, then the ordinances, rules, or regulations of the | 25 | | Metropolitan Water Reclamation District control. If the |
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| 1 | | district deems it necessary to perform work on property owned | 2 | | or operated by the Metropolitan Water Reclamation District, | 3 | | the district shall cooperate with the Metropolitan Water | 4 | | Reclamation District and shall follow all permitting | 5 | | procedures required by the Metropolitan Water Reclamation | 6 | | District. | 7 | | Section 65. Connection to district sewage system. The | 8 | | board of trustees of the district may require that, before a | 9 | | person or municipal corporation connects to the sewage system | 10 | | of the district, the district be permitted to inspect the | 11 | | drainage lines of the person or municipal corporation to | 12 | | determine whether they are adequate and suitable for | 13 | | connection to its sewage system. In addition to the other | 14 | | charges provided for in this Act, the district may collect a | 15 | | reasonable charge for this inspection service. Funds collected | 16 | | as inspection charges shall be used by the district for its | 17 | | general corporate purposes after payment of the costs of | 18 | | making the inspection. | 19 | | Section 70. Sewage and stormwater agreements. The | 20 | | district, in addition to other powers vested in it, may enter | 21 | | into agreements with a municipality located partly within and | 22 | | partly without the territorial limits of the district and that | 23 | | has a sewage system or stormwater drainage system to receive | 24 | | and dispose of all sewage or stormwater of such municipality |
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| 1 | | collected by its system; and, for such purpose, the district | 2 | | may extend its drains, ditches, or sewers to connect with the | 3 | | sewage or stormwater drainage system of such municipality. | 4 | | Section 75. Fees and charges for disposal of surface water | 5 | | or groundwater. The board of trustees may, by ordinance, | 6 | | establish, revise, and maintain fees or charges for the | 7 | | disposal of surface water or groundwater. Such fees and | 8 | | charges shall be assessed to the municipality or other | 9 | | governmental unit which utilizes the Town of Cicero sewer | 10 | | system or any sewer or drainage systems owned or operated by | 11 | | the district. The district shall assess such fees and charges | 12 | | on a quarterly basis. | 13 | | Such fees or charges may be based on the volume of | 14 | | groundwater, surface water, or stormwater originating from a | 15 | | municipality or other unit of local government that enters the | 16 | | Town of Cicero sewer system or any system for the disposal of | 17 | | such waters or sewage owned or operated by the district. The | 18 | | district shall set such fees or charges by ordinance. The | 19 | | failure of a municipality or other governmental unit to pay | 20 | | such fees or charges within 60 days may result in | 21 | | disconnection from the Town of Cicero sewer system or any | 22 | | sewer or drainage systems owned or operated by the district in | 23 | | accordance with Section 80. | 24 | | Section 80. Discharge into sewers of the district. |
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| 1 | | (a) As used in this Section: | 2 | | "Industrial wastes" means all solids, liquids, or gaseous | 3 | | wastes resulting from a commercial, industrial, manufacturing, | 4 | | agricultural, trade, or business operation or process or from | 5 | | the development, recovery, or processing of natural resources. | 6 | | "Other wastes" means decayed wood, sawdust, shavings, | 7 | | bark, lime, refuse, ashes, garbage, offal, oil, tar, | 8 | | chemicals, and all other substances except sewage and | 9 | | industrial wastes. | 10 | | "Person" means an individual, firm, association, joint | 11 | | venture, sole proprietorship, company, partnership, estate | 12 | | copartnership, corporation, joint stock company, trust, school | 13 | | district, unit of local government, or private corporation | 14 | | organized or existing under the laws of this State or any other | 15 | | state or country. | 16 | | "President" means the president of the district. | 17 | | "Sewage" means water-carried human wastes or a combination | 18 | | of water-carried wastes from residences, buildings, | 19 | | businesses, industrial establishments, institutions, or other | 20 | | places together with any groundwater, surface water, | 21 | | stormwater, or other water that may be present. | 22 | | "Stormwater" means rainwater produced by a storm or other | 23 | | precipitation event, including any and all floodwaters | 24 | | resulting during and after a weather event. | 25 | | (b) It is unlawful for any person or unit of local | 26 | | government to discharge surface water, groundwater, |
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| 1 | | stormwater, effluent, gaseous wastes, sewage, industrial | 2 | | wastes, or other wastes into the sewerage system of the | 3 | | district or into any sewer tributary therewith, except upon | 4 | | the terms and conditions that the district might reasonably | 5 | | impose by way of ordinance, permit, rule, or regulation. | 6 | | The district, in addition to all other powers vested in it | 7 | | and in the interest of public health and safety, or as | 8 | | authorized by subsections (b) and (c) of Section 46 of the | 9 | | Environmental Protection Act, may pass all ordinances, rules, | 10 | | or regulations necessary to implement this Section, including, | 11 | | but not limited to, the imposition of charges based on factors | 12 | | that influence the cost of treatment, including strength and | 13 | | volume, and including the right of access during reasonable | 14 | | hours to the premises of a person for enforcement of adopted | 15 | | ordinances, rules, or regulations. | 16 | | The district shall require municipalities discharging | 17 | | groundwater, surface water, sewage, stormwater, industrial | 18 | | waste, or other wastes or waters into any sewerage system in | 19 | | the control of the district or into any sewer connected | 20 | | therewith to compensate the district for the use, maintenance | 21 | | and construction costs of the district sewerage system as a | 22 | | result of such discharge. The district shall charge each | 23 | | municipality on a pro rata basis an amount reasonable and | 24 | | proportionate, as determined by the board of trustees, to the | 25 | | total volume each municipality discharges into the system. | 26 | | (c) Whenever the district, acting through the president, |
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| 1 | | determines that surface water, groundwater, stormwater, | 2 | | effluent, gaseous wastes, sewage, industrial wastes, or other | 3 | | wastes are being discharged into the sewerage system and when, | 4 | | in the opinion of the president, the discharge is in violation | 5 | | of an ordinance, rule, or regulation adopted by the board of | 6 | | trustees, including failure to pay charges and usage fees when | 7 | | due, under this Section governing the discharge, the president | 8 | | shall order the offending party to cease and desist. The order | 9 | | shall be served by certified mail or personally on the owner, | 10 | | officer, registered agent, or individual designated by permit. | 11 | | If the offending party fails or refuses to immediately | 12 | | discontinue the discharge after notification of the cease and | 13 | | desist order, the president may order the offending party to | 14 | | show cause before the board of trustees of the district why the | 15 | | discharge should not be discontinued. A notice shall be served | 16 | | on the offending party directing the offending party to show | 17 | | cause before the board of trustees why an order should not be | 18 | | entered directing the discontinuance of the discharge. The | 19 | | notice shall specify the time and place where a hearing will be | 20 | | held and shall be served personally or by registered or | 21 | | certified mail at least 10 days before the hearing upon an | 22 | | officer or agent of the unit of local government. After | 23 | | reviewing the evidence, the board of trustees may issue an | 24 | | order to the party responsible for the discharge, directing | 25 | | that within a specified period of time the discharge be | 26 | | discontinued. The board of trustees may also order the party |
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| 1 | | responsible for the discharge to pay a civil penalty in an | 2 | | amount specified by the board of trustees that is not less than | 3 | | $1,000 nor more than $2,000 per day for each day of discharge | 4 | | of surface water, groundwater, stormwater, effluent, gaseous | 5 | | wastes, sewage, industrial wastes, or other wastes in | 6 | | violation of this Act as provided in subsection (d). The board | 7 | | of trustees may also order the party responsible for the | 8 | | violation to pay all costs and legal fees associated with the | 9 | | violation in addition to any outstanding fees and charges for | 10 | | such discharge. | 11 | | (d) The board of trustees shall establish procedures for | 12 | | assessing civil penalties and issuing orders under subsection | 13 | | (c) as follows: | 14 | | (1) In making its orders and determinations, the board | 15 | | of trustees shall take into consideration all the facts | 16 | | and circumstances bearing on the activities involved and | 17 | | the assessment of civil penalties as shown by the record | 18 | | produced at the hearing. | 19 | | (2) The board of trustees shall establish a panel of | 20 | | one or more independent hearing officers to conduct all | 21 | | hearings on the assessment of civil penalties and issuance | 22 | | of orders under subsection (c). All hearing officers shall | 23 | | be attorneys licensed to practice law in this State. | 24 | | (3) The board of trustees shall adopt procedural rules | 25 | | governing the proceedings, the assessment of civil | 26 | | penalties, and the issuance of orders. |
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| 1 | | (4) All hearings shall be on the record, and testimony | 2 | | taken must be under oath and recorded stenographically. | 3 | | Transcripts so recorded must be made available to any | 4 | | member of the public or any party to the hearing upon | 5 | | payment of the usual charges for transcripts. At the | 6 | | hearing, the hearing officer may issue, in the name of the | 7 | | board of trustees, notices of hearing requesting the | 8 | | attendance and testimony of witnesses, and the production | 9 | | of evidence relevant to any matter involved in the hearing | 10 | | and may examine witnesses. | 11 | | (5) The hearing officer shall conduct a full and | 12 | | impartial hearing on the record with an opportunity for | 13 | | the presentation of evidence and cross-examination of the | 14 | | witnesses. The hearing officer shall issue findings of | 15 | | fact, conclusions of law, recommendations for a civil | 16 | | penalty, and issue an order based solely on the record. | 17 | | The hearing officer may also recommend, as part of the | 18 | | order, that the discharge of surface water, groundwater, | 19 | | stormwater, effluent, gaseous wastes, sewage, industrial | 20 | | wastes, or other wastes be discontinued within a specified | 21 | | time. | 22 | | (6) The findings of fact, conclusions of law, | 23 | | recommended civil penalty, and order shall be transmitted | 24 | | to the board of trustees along with a complete record of | 25 | | the hearing. | 26 | | (7) The board of trustees shall either approve or |
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| 1 | | disapprove the findings of fact, conclusions of law, | 2 | | recommended civil penalty, and order. If the findings of | 3 | | fact, conclusions of law, recommended civil penalty, or | 4 | | order are rejected, the board of trustees shall remand the | 5 | | matter to the hearing officer for further proceedings. If | 6 | | the order is accepted by the board of trustees, it shall | 7 | | constitute the final order of the board of trustees. | 8 | | (8) The civil penalty specified by the board of | 9 | | trustees shall be paid within 35 days after the party on | 10 | | whom it is imposed receives a written copy of the order of | 11 | | the board of trustees unless the person or persons to whom | 12 | | the order is issued seeks judicial review. | 13 | | (9) If a party seeks judicial review of the order | 14 | | assessing civil penalties, the party shall, within 35 days | 15 | | after the date of the final order, pay the amount of the | 16 | | civil penalties into an escrow account maintained by the | 17 | | district for that purpose or file a bond guaranteeing | 18 | | payment of the civil penalties if the civil penalties are | 19 | | upheld on review. | 20 | | (10) Civil penalties not paid by the times specified | 21 | | above shall be delinquent and subject to late fees | 22 | | assessed on a monthly basis which shall not exceed the | 23 | | maximum interest rate allowed under State law. The late | 24 | | fees levied by the district shall be in addition to any | 25 | | other remedy or right of recovery that the district may | 26 | | have with respect to the collection or recovery of |
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| 1 | | penalties and charges imposed by the district. | 2 | | (e) The president may order a party to cease the discharge | 3 | | of surface water, groundwater, stormwater, effluent, gaseous | 4 | | wastes, sewage, industrial wastes, or other wastes upon a | 5 | | finding by the president that the final order of the board of | 6 | | trustees entered after a hearing to show cause has been | 7 | | violated. The president shall serve the party with a copy of | 8 | | the president's order either by certified mail or personally | 9 | | by serving the owner, officer, or registered agent of the | 10 | | municipality or other unit of local government. The order of | 11 | | the president shall also schedule an expedited hearing before | 12 | | a hearing officer designated by the board of trustees for the | 13 | | purpose of determining whether the party has violated the | 14 | | final order of the board of trustees. The board of trustees | 15 | | shall adopt rules of procedure governing expedited hearings. | 16 | | The hearing may not be conducted less than 7 days after service | 17 | | of the president's order. | 18 | | At the conclusion of the expedited hearing, the hearing | 19 | | officer shall prepare a report with the officer's findings and | 20 | | recommendations and transmit it to the board of trustees. If | 21 | | the board of trustees, after reviewing the findings and | 22 | | recommendations, and the record produced at the hearing, | 23 | | determines that the party has violated the board of trustees' | 24 | | final order, the board of trustees may authorize the plugging | 25 | | or disconnection of the sewer or other actions that disconnect | 26 | | the offending party's ability to discharge any waters or |
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| 1 | | wastes into the district's sewer system. The president shall | 2 | | give not less than 10 days' written notice of the board of | 3 | | trustees' order to the municipality or other unit of local | 4 | | government as well as the owner of record of the real estate | 5 | | and other parties known to be affected that the sewer will be | 6 | | plugged or disconnected. | 7 | | Disconnection of a sewer under this subsection shall be in | 8 | | addition to any other remedy that the district may have to | 9 | | prevent violation of its ordinances and orders of its board of | 10 | | trustees. | 11 | | (f) A violation of the final order of the board of trustees | 12 | | shall be considered a nuisance. If any person discharges | 13 | | groundwater, surface water, stormwater, effluent, gaseous | 14 | | wastes, sewage, industrial wastes, or other wastes into any | 15 | | sewers or stormwater management facilities contrary to the | 16 | | final order of the board of trustees, the district, acting | 17 | | through the president, may commence an action or proceeding in | 18 | | the Circuit Court of Cook County for the purpose of having the | 19 | | discharge stopped either by mandamus or injunction or to | 20 | | remedy the violation in any manner provided for in this | 21 | | Section. | 22 | | The court shall specify a time, not exceeding 20 days | 23 | | after the service of the copy of the complaint, in which the | 24 | | party complained of must plead to the complaint, and, in the | 25 | | meantime, the party may be restrained. In case of default or | 26 | | after pleading, the court shall immediately inquire into the |
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| 1 | | facts and circumstances of the case and enter an appropriate | 2 | | judgment in respect to the matters complained of. Appeals may | 3 | | be taken as in other civil cases. | 4 | | (g) The district, acting through the president, may | 5 | | commence an action or proceeding for mandamus or injunction in | 6 | | the Circuit Court of Cook County ordering a party to cease its | 7 | | discharge, when, in the opinion of the president, the party's | 8 | | discharge presents an imminent danger to the public health, | 9 | | welfare, or safety; presents or may present an endangerment to | 10 | | the environment; or threatens to interfere with the operation | 11 | | of the sewerage system under the jurisdiction of the district. | 12 | | The initiation of a show cause hearing is not a prerequisite to | 13 | | the commencement by the district of an action or proceeding | 14 | | for mandamus or injunction in the circuit court. The court | 15 | | shall specify a time, not exceeding 20 days after the service | 16 | | of a copy of the petition, in which the party complained of | 17 | | must answer the petition, and, in the meantime, the party may | 18 | | be restrained. In case of default in answer or after answer, | 19 | | the court shall immediately inquire into the facts and | 20 | | circumstances of the case and enter an appropriate judgment | 21 | | order in respect to the matters complained of. An appeal may be | 22 | | taken from the final judgment in the same manner and with the | 23 | | same effect as appeals are taken from judgment of the circuit | 24 | | court in other actions for mandamus or injunction. | 25 | | (h) Whenever the district commences an action under | 26 | | subsection (f), the court shall assess a civil penalty of not |
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| 1 | | less than $1,000 nor more than $10,000 for each day the party | 2 | | violates the board of trustees' order. Whenever the district | 3 | | commences an action under subsection (g), the court shall | 4 | | assess a civil penalty of not less than $1,000 nor more than | 5 | | $10,000 for each day the party violates the ordinance. Each | 6 | | day's continuance of the violation is a separate offense. The | 7 | | penalties provided in this Section imposed by the board of | 8 | | trustees under subsection (d) plus interest at the rate set | 9 | | forth in the Interest Act on unpaid penalties, costs, and | 10 | | fees; the reasonable costs to the district of removal or other | 11 | | remedial action caused by discharges in violation of this Act; | 12 | | reasonable attorney's fees; court costs; other expenses of | 13 | | litigation; and costs for inspection, sampling, analysis, and | 14 | | administration related to the enforcement action against the | 15 | | offending party are recoverable by the district in a civil | 16 | | action. | 17 | | (i) The board of trustees may establish fees for late | 18 | | filing of reports with the district required by an ordinance | 19 | | governing discharges. The district shall provide by certified | 20 | | mail a written notice of the fee assessment that states the | 21 | | party has 30 days after the receipt of the notice to request a | 22 | | conference with the president's designee to discuss or dispute | 23 | | the appropriateness of the assessed fee. Unless a party | 24 | | objects to paying the fee for filing a report late by timely | 25 | | requesting in writing a conference with a designee of the | 26 | | president, that party waives the party's right to a |
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| 1 | | conference. | 2 | | If a party requests a conference and the matter is not | 3 | | resolved at the conference, the party subject to the fee may | 4 | | request an administrative hearing before an impartial hearing | 5 | | officer appointed under subsection (d) to determine the | 6 | | party's liability for and the amount of the fee. If the hearing | 7 | | officer finds that the late filing fees are owed to the | 8 | | district, the district shall notify the responsible party of | 9 | | the hearing officer's decision. If payment is not made within | 10 | | 30 days after the notice, the district may impose penalties | 11 | | and interest. | 12 | | (j) To be effective service under this Section, a demand | 13 | | or order sent by certified or registered mail to the last known | 14 | | address need not be received by the offending party. Service | 15 | | of the demand or order by registered or certified mail shall be | 16 | | deemed effective upon deposit in the United States mail with | 17 | | proper postage prepaid and addressed as provided in this | 18 | | Section. | 19 | | (k) The Administrative Review Law applies to and governs | 20 | | all proceedings for the judicial review of final | 21 | | administrative decisions of the board of trustees in the | 22 | | enforcement of an ordinance, rule, or regulation adopted under | 23 | | this Act. The cost of preparing the record on appeal shall be | 24 | | paid by the person seeking a review of an order or action | 25 | | pursuant to the Administrative Review Law. | 26 | | (l) Solely in relation to the discharge of groundwater, |
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| 1 | | surface water, stormwater, sewage, industrial wastes, or other | 2 | | wastes subject to one of the district's ordinances, the | 3 | | district may implement an electronic reporting system that | 4 | | will allow notices, orders, and other documents to be sent | 5 | | directly by email to persons or entities registered with the | 6 | | district, and, in the discretion of the district, to allow | 7 | | those persons or entities registered with the district to | 8 | | view, modify, or submit documents using the electronic | 9 | | reporting system. Wherever this Section provides for service | 10 | | of documents by the district by U.S. first-class mail, U.S. | 11 | | certified mail, or personal service, the district may serve by | 12 | | email the documents upon the registered persons or entities in | 13 | | lieu of service by U.S. first-class mail, U.S. certified mail, | 14 | | or personal service. Enrollment in the electronic reporting | 15 | | system in this subsection is voluntary and limited to | 16 | | nonresidential facilities or uses. Service by email under this | 17 | | Section is only permitted on those persons or entities that | 18 | | voluntarily enroll in the system. The district shall adopt | 19 | | rules, as approved by ordinance, to ensure service of process | 20 | | by email is properly effectuated upon the registered persons | 21 | | and entities. | 22 | | Section 85. Acquisition of real and personal property. The | 23 | | district may acquire by purchase, condemnation, or otherwise | 24 | | any and all real and personal property, right-of-way and | 25 | | privilege, either within or without its corporate limits that |
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| 1 | | may be required for its corporate purposes; and, if the | 2 | | district is unable to agree with any other district or | 3 | | municipality upon the terms under which it shall be permitted | 4 | | to use the drains, channels or ditches of such other district, | 5 | | the right to use the same may be required by condemnation in | 6 | | the circuit court by proceedings in the manner, as near as may | 7 | | be, as is provided in Section 4-17 of the Illinois Drainage | 8 | | Code. The compensation to be paid for such use may be a gross | 9 | | sum, or it may be in the form of an annual rental, to be paid | 10 | | in yearly installments as and in the manner provided by the | 11 | | judgment of the court wherein such proceedings may be had. All | 12 | | moneys for the purchase and condemnation of any property shall | 13 | | be paid before possession is taken or any work done on the | 14 | | premises damaged by the construction of such channel or | 15 | | outlet, and, if an appeal from the circuit court is taken by | 16 | | either party whereby the amount of damages is not finally | 17 | | determined, then possession may be taken. The amount of | 18 | | judgment in such court shall be deposited at some bank or | 19 | | savings and loan association to be designated by the judge | 20 | | thereof subject to the payment of such damages on orders | 21 | | signed by such judge, whenever the amount of damages is | 22 | | finally determined; and when no longer required for such | 23 | | purposes, to sell, convey, vacate and release the same. | 24 | | Section 90. Eminent domain. Notwithstanding any other | 25 | | provision of this Act, any power granted under this Act to |
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| 1 | | acquire property by condemnation or eminent domain is subject | 2 | | to, and shall be exercised in accordance with, the Eminent | 3 | | Domain Act. | 4 | | Section 95. Lease of property. The district may lease to | 5 | | others for any period of time, not exceeding 50 years, upon | 6 | | such terms as its board of trustees may determine, real | 7 | | estate, rights-of-way, privilege, or interest therein, or any | 8 | | part thereof, acquired by it that is, in the opinion of the | 9 | | board of trustees of the district, no longer required for its | 10 | | corporate purposes or that may not be immediately needed for | 11 | | such purposes, and such leases may contain such conditions and | 12 | | retain such interests therein as may be deemed for the best | 13 | | interest of the district by such board of trustees. The | 14 | | district may grant easements and permits for the use of any | 15 | | such real property, right-of-way, or privilege that will not, | 16 | | in the opinion of the board of trustees of the district, | 17 | | interfere with the use thereof by the district for its | 18 | | corporate purposes, and such easements and permits may contain | 19 | | such conditions and retain such interests therein as may be | 20 | | deemed for the best interests of the district by such board of | 21 | | trustees. | 22 | | Section 100. Borrowing money; issuance of bonds. The | 23 | | district may borrow money for corporate purposes and may issue | 24 | | bonds therefor but may not become indebted, in any manner, or |
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| 1 | | for any purpose, to an amount in the aggregate to exceed 5.75% | 2 | | on the valuation of taxable property therein, to be | 3 | | ascertained by the last assessment for State and county taxes | 4 | | previous to the incurring of such. | 5 | | Whenever the board of trustees of the district desires to | 6 | | issue bonds hereunder they shall certify the question to the | 7 | | proper election officials who shall submit the question at an | 8 | | election to be held in the district in accordance with the | 9 | | general election law. In addition to the requirements of the | 10 | | general election law, the notice of election shall state the | 11 | | amount of bonds to be issued. The result of the election shall | 12 | | be entered upon the records of the district. If a majority of | 13 | | the voters voting at the election on the question have voted in | 14 | | favor of the issuance of the bonds, the board of trustees shall | 15 | | order and direct the execution of the bonds for and on behalf | 16 | | of the district. All bonds issued hereunder shall mature in | 17 | | not exceeding 20 annual installments. The question shall be in | 18 | | substantially the following form: | 19 | | ----------------------------
| 20 | | Proposition to issue bonds YES
| 21 | | of..... district to the -------------------------------
| 22 | | amount of..... dollars. NO
| 23 | | ------------------------------------------------------------- | 24 | | However, the district may borrow money for corporate | 25 | | purposes, and may issue bonds for corporate purposes, without | 26 | | holding an election or referendum upon the question if the |
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| 1 | | district or the board of trustees thereof has been directed by | 2 | | an order issued by the circuit court or by an administrative | 3 | | agency of the State of Illinois having jurisdiction to issue | 4 | | such order to abate its discharge of untreated or inadequately | 5 | | treated sewage and such borrowing is deemed necessary by the | 6 | | board of trustees of the district to make possible compliance | 7 | | with such order. The amount of money that the district may | 8 | | borrow to abate such sewage discharge shall be limited to that | 9 | | required for that purpose plus such reasonable future | 10 | | expansion as shall be approved by the court or the | 11 | | administrative agency of the State of Illinois having | 12 | | jurisdiction. The ordinance providing for such bonds shall set | 13 | | out the fact that such bonds are deemed necessary to make | 14 | | possible compliance with the order and shall be published or | 15 | | posted in the manner provided in this Act for publication or | 16 | | posting of ordinances making appropriations. The ordinance | 17 | | shall be in full force and effect after its adoption and | 18 | | publication or posting, as herein provided, notwithstanding | 19 | | any provision in this Act or any other law to the contrary. | 20 | | Section 105. Assistance program. | 21 | | (a) The General Assembly finds that governmental units | 22 | | located within the boundaries of the district require | 23 | | assistance in financing the cost of repair, replacement, | 24 | | reconstruction, and rehabilitation of local sewer and | 25 | | stormwater collection systems to reduce certain excessive |
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| 1 | | sanitary sewer groundwater inflows as well as stormwater | 2 | | inflows; that such inflows ultimately result in increased need | 3 | | for treatment and storage facilities of the district; and that | 4 | | the district, in the discretion of its board of trustees, | 5 | | advantageously may provide loan funds for such purposes. | 6 | | (b) As used in this Section: | 7 | | "Alternate bonds", "applicable law", "bonds", "general | 8 | | obligation bonds", "governmental unit", "ordinance", and | 9 | | "revenue source" have the meanings given to those terms in the | 10 | | Local Government Debt Reform Act. | 11 | | "Assistance bonds" means the bonds to be issued by the | 12 | | district to provide funds for the program as authorized in | 13 | | subsection (f). | 14 | | "Assistance program" means the program authorized in this | 15 | | Section by which the district may make loans to local | 16 | | governmental units for any one or more of the following | 17 | | undertaken with respect to the repair, replacement, | 18 | | reconstruction, and rehabilitation of local sewer collection | 19 | | systems for preliminary planning, engineering, architectural, | 20 | | legal, fiscal or economic investigations or studies, surveys, | 21 | | designs, plans, working drawings, specifications, procedures | 22 | | or other necessary action, erection, building acquisition, | 23 | | alteration, remodeling, or improvement of such collection | 24 | | systems, or the inspection or supervision of the action, | 25 | | erection, building acquisition, alteration, remodeling, or | 26 | | improvement. |
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| 1 | | "Loan" means a loan made by the district to a local | 2 | | governmental unit under the assistance program. | 3 | | "Local governmental unit" means a unit of local | 4 | | government, school district, or community college district | 5 | | within the boundaries of the district. | 6 | | "Reconstruction" includes the construction of totally new | 7 | | lines or systems if reasonably designed to replace obsolete | 8 | | lines or systems. | 9 | | (c) The board of trustees may establish an assistance | 10 | | program. | 11 | | (d) The board of trustees may do any one or more of the | 12 | | following with respect to the assistance program: | 13 | | (1) Establish the assistance program as a use or | 14 | | appropriation within the corporate fund of the district. | 15 | | (2) Accept grants, borrow funds, and appropriate | 16 | | lawfully available funds for the purpose of funding the | 17 | | assistance program. | 18 | | (3) Make the loans as provided in subsection (e). | 19 | | (4) Enforce loans with all available remedies as any | 20 | | governmental unit or private person might have with | 21 | | respect to such loans. | 22 | | (e) The district may make loans and local governmental | 23 | | units may obtain loans from the district, but only if | 24 | | authorized to borrow under such powers as may be granted to | 25 | | such local governmental units under other applicable law. This | 26 | | Section does not grant local governmental units separate |
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| 1 | | borrowing power. If authorized to issue bonds under such | 2 | | applicable law, however, the form of the borrowing may be such | 3 | | as the district and the local governmental unit may agree, | 4 | | including, without limitation, a loan agreement made between | 5 | | the district and local governmental unit to evidence the bond. | 6 | | Any such loan agreement shall state the statutory authority | 7 | | under applicable law for the bond it represents but otherwise | 8 | | need not be in any specific form. The district shall have all | 9 | | rights and remedies available to the holder of a bond | 10 | | otherwise issued in the form provided for the same under | 11 | | applicable law and also such rights and remedies as may be | 12 | | additionally available under paragraph (4) of subsection (d). | 13 | | The loans may be made upon such terms and at such rates, | 14 | | including expressly below market rates, representing a subsidy | 15 | | of funds from the district to the local governmental units, as | 16 | | the district may specify in the loan agreements. | 17 | | (f) The district may borrow money and issue its assistance | 18 | | bonds under this Section for the purpose of funding the | 19 | | assistance program, and the bonds shall be alternate bonds | 20 | | payable from any lawfully available revenue source, including | 21 | | without limitation receipts from the loans. | 22 | | Section 110. Bond interest rate. All bonds issued pursuant | 23 | | to this Act shall bear interest at a rate or rates not | 24 | | exceeding that permitted by the Bond Authorization Act. |
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| 1 | | Section 115. Contracts. Except as otherwise provided in | 2 | | this Section, all contracts for purchases or sales by the | 3 | | district, the expense of which will exceed the mandatory | 4 | | competitive bid threshold, shall be let to the lowest | 5 | | responsible bidder therefor upon not less than 14 days' public | 6 | | notice of the terms and conditions upon which the contract is | 7 | | to be let, having been given by publication in a newspaper of | 8 | | general circulation published in the district, and the board | 9 | | may reject any and all bids and readvertise. In determining | 10 | | the lowest responsible bidder, the board shall take into | 11 | | consideration the qualities and serviceability of the articles | 12 | | supplied, their conformity with specifications, their | 13 | | suitability to the requirements of the district, the | 14 | | availability of support services, the uniqueness of the | 15 | | service, materials, equipment, or supplies as it applies to | 16 | | network integrated computer systems, the compatibility of the | 17 | | service, materials, equipment or supplies with existing | 18 | | equipment, and the delivery terms. Contracts for services in | 19 | | excess of the mandatory competitive bid threshold may, subject | 20 | | to the provisions of this Section, be let by competitive | 21 | | bidding at the discretion of the district board of trustees. | 22 | | All contracts for purchases or sales that will not exceed | 23 | | the mandatory competitive bid threshold may be made in the | 24 | | open market without publication in a newspaper as provided in | 25 | | this Section, but, whenever practical, shall be based on at | 26 | | least 3 competitive bids. The mandatory competitive bid |
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| 1 | | threshold dollar amount may not be less than $10,000 nor more | 2 | | than $40,000. | 3 | | Cash, a cashier's check, a certified check, or a bid bond | 4 | | with adequate surety approved by the board of trustees as a | 5 | | deposit of good faith, in a reasonable amount, but not in | 6 | | excess of 10% of the contract amount, may be required of each | 7 | | bidder by the district on all bids involving amounts in excess | 8 | | of the mandatory competitive bid threshold and, if so | 9 | | required, the advertisement for bids shall so specify. | 10 | | Contracts that by their nature are not adapted to award by | 11 | | competitive bidding, including, without limitation, contracts | 12 | | for the services of individuals, groups, or firms possessing a | 13 | | high degree of professional skill where the ability or fitness | 14 | | of the individual or organization plays an important part, | 15 | | contracts for financial management services undertaken | 16 | | pursuant to the Public Funds Investment Act, contracts for the | 17 | | purchase or sale of utilities, contracts for commodities | 18 | | including supply contracts for natural gas and electricity, | 19 | | contracts for materials economically procurable only from a | 20 | | single source of supply, contracts for services, supplies, | 21 | | materials, parts, or equipment that are available only from a | 22 | | single source, contracts for maintenance, repairs, original | 23 | | equipment manufacturer supplies, or original equipment | 24 | | manufacturer parts from the manufacturer or from a source | 25 | | authorized by the manufacturer, contracts for the use, | 26 | | purchase, delivery, movement, or installation of data |
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| 1 | | processing equipment, software, or services and | 2 | | telecommunications and interconnect equipment, software, or | 3 | | services, contracts for duplicating machines and supplies, | 4 | | contracts for goods or services procured from another | 5 | | governmental agency, purchases of equipment previously owned | 6 | | by an entity other than the district itself, purchases of used | 7 | | equipment, purchases at auction or similar transactions that | 8 | | by their very nature are not suitable to competitive bids, and | 9 | | leases of real property where the district is the lessee may | 10 | | not be subject to the competitive bidding requirements of this | 11 | | Section. | 12 | | The district may use a design-build procurement method for | 13 | | a public project that is not subject to the competitive | 14 | | bidding requirements of this Section provided the board of | 15 | | trustees approves the contract for the public project by a | 16 | | vote of at least 5 trustees. As used in this paragraph, | 17 | | "design-build" means a delivery system that provides | 18 | | responsibility within a single contract for the furnishing of | 19 | | architecture, engineering, land surveying and related services | 20 | | as required and the labor, materials, equipment, and other | 21 | | construction services for the project. | 22 | | If an emergency is affecting the public health or safety | 23 | | as declared by the board of trustees of the district at a | 24 | | meeting thereof duly convened, then the declaration shall | 25 | | require the affirmative vote of two-thirds of the board of | 26 | | trustees and shall set forth the nature of the danger to the |
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| 1 | | public health or safety, contracts totaling not more than the | 2 | | emergency contract cap may be let to the extent necessary to | 3 | | resolve such emergency without public advertisement or | 4 | | competitive bidding. Under this Section, an emergency contract | 5 | | may not be more than $500,000. The resolution or ordinance in | 6 | | which such declaration is embodied shall fix the date upon | 7 | | which such emergency shall terminate, and the date may be | 8 | | extended or abridged by the board of trustees as in their | 9 | | judgment the circumstances require. A full written account of | 10 | | any such emergency, together with a requisition for the | 11 | | materials, supplies, labor or equipment required therefor | 12 | | shall be submitted immediately upon completion and shall be | 13 | | open to public inspection for a period of at least one year | 14 | | after the date of such emergency purchase. | 15 | | To address operating emergencies not affecting the public | 16 | | health or safety, the board of trustees shall authorize, in | 17 | | writing, officials or employees of the district to purchase in | 18 | | the open market and without advertisement any supplies, | 19 | | materials, equipment, or services for immediate delivery to | 20 | | meet the bona fide operating emergency, without filing a | 21 | | requisition or estimate therefor, in an amount not in excess | 22 | | of $100,000. The board of trustees must be notified of the | 23 | | operating emergency. A full, written account of each operating | 24 | | emergency and a requisition for the materials, supplies, | 25 | | equipment, and services required to meet the operating | 26 | | emergency must be immediately submitted by the officials or |
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| 1 | | employees authorized to make purchases to the board of | 2 | | trustees. The account must be available for public inspection | 3 | | for a period of at least one year after the date of the | 4 | | operating emergency purchase. The exercise of authority with | 5 | | respect to purchases for a bona fide operating emergency is | 6 | | not dependent on a declaration of an operating emergency by | 7 | | the board of trustees. | 8 | | The competitive bidding requirements of this Section do | 9 | | not apply to contracts, including contracts for both materials | 10 | | and services incidental thereto, for the repair or replacement | 11 | | of a district's treatment plant, sewers, equipment, or | 12 | | facilities damaged or destroyed as the result of a sudden or | 13 | | unexpected occurrence, including, but not limited to, a flood, | 14 | | fire, tornado, earthquake, storm, or other natural or man-made | 15 | | disaster, if the board of trustees determines in writing that | 16 | | the awarding of those contracts without competitive bidding is | 17 | | reasonably necessary for the district to maintain compliance | 18 | | with a permit issued under the National Pollution Discharge | 19 | | Elimination System or any successor system or with any | 20 | | outstanding order relating to that compliance issued by the | 21 | | United States Environmental Protection Agency, the Illinois | 22 | | Environmental Protection Agency, or the Pollution Control | 23 | | Board. The authority to issue contracts without competitive | 24 | | bidding pursuant to this paragraph expires 6 months after the | 25 | | date of the writing determining that the awarding of contracts | 26 | | without competitive bidding is reasonably necessary. |
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| 1 | | A trustee may not be interested, directly or indirectly, | 2 | | in any contract, work, or business of the district or in the | 3 | | sale of any article, whenever the expense, price or | 4 | | consideration of the contract work, business, or sale is paid | 5 | | either from the treasury or by an assessment levied by statute | 6 | | or ordinance. A trustee may not be interested, directly or | 7 | | indirectly, in the purchase of any property that belongs to | 8 | | the district, is sold for taxes or assessments of the | 9 | | district, or is sold by virtue of legal process by suit of the | 10 | | district. | 11 | | A contract for any work or other public improvement, to be | 12 | | paid for in whole or in part by special assessment or special | 13 | | taxation, shall be entered into and the performance thereof | 14 | | controlled by the provisions of Division 2 of Article 9 of the | 15 | | Illinois Municipal Code as near as may be. However, contracts | 16 | | may be let for making proper and suitable connections between | 17 | | the mains and outlets of the respective sanitary sewers in the | 18 | | district with any conduit, conduits, main pipe or pipes that | 19 | | may be constructed by the district. | 20 | | As used in this Section, "mandatory competitive bid | 21 | | threshold" means a dollar amount equal to 0.1% of the total | 22 | | general fixed assets of the district as reported in the most | 23 | | recent required audit report. | 24 | | Section 120. Local Government Prompt Payment Act. | 25 | | Purchases made pursuant to this Act shall be made in |
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| 1 | | compliance with the Local Government Prompt Payment Act. | 2 | | Section 125. Effects on competition. All powers granted, | 3 | | either expressly or by necessary implication, by this Act or | 4 | | any other Illinois statute to the district may be exercised by | 5 | | the district notwithstanding effects on competition. The state | 6 | | action exemption to the application of federal antitrust | 7 | | statutes are fully available to the district to the extent its | 8 | | activities are authorized by law as stated herein. | 9 | | Section 130. Taxes. The board of trustees may not levy and | 10 | | collect taxes for corporate purposes upon property within the | 11 | | territorial limits of the district. | 12 | | Section 135. Construction, maintenance, alteration, and | 13 | | extension of sewers, channels, ditches, and drains. The | 14 | | district may construct, maintain, alter, and extend its | 15 | | sewers, channels, ditches, and drains, as a proper use of | 16 | | highways along, upon, under and across any highway, street, | 17 | | alley or public ground in the State, but so as not to incommode | 18 | | the public use thereof, and the right and authority are hereby | 19 | | granted to any the district to construct, maintain, and | 20 | | operate any conduit or conduits, main pipe or pipes, wholly or | 21 | | partially submerged, buried or otherwise, in, upon and along | 22 | | any of the lands owned by said state under any of the public | 23 | | waters therein. The extent and location of the lands and |
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| 1 | | waters so to be used and appropriated shall be approved by the | 2 | | Governor, upon application duly made to the Governor asking | 3 | | for such approval. The rights, permission, and authority | 4 | | hereby granted shall be subject to all public right of | 5 | | commerce and navigation, to the authority of the United States | 6 | | in behalf of such public rights, and to the right of the State | 7 | | of Illinois to regulate and control fishing in said public | 8 | | waters. | 9 | | Section 140. United States military installations. If | 10 | | there is located within the bounds of the district a United | 11 | | States military post, reservation, station, or naval station, | 12 | | the board of trustees of the district may enter into contracts | 13 | | or agreements with the proper authorities of the United States | 14 | | permitting them to connect with any such conduit or conduits, | 15 | | main pipe or pipes, and discharge the drainage, sewage, or | 16 | | other impure or contaminated liquids therein. | 17 | | Section 145. District improvements causing private | 18 | | property damage or takings. Whenever the board of trustees of | 19 | | the district shall pass an ordinance for the making of any | 20 | | improvement that the district may make, the making of which | 21 | | will require that private property should be taken or damaged, | 22 | | the district may cause compensation therefor to be | 23 | | ascertained, and condemn and acquire possession thereof in the | 24 | | same manner as nearly as may be as is provided for the exercise |
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| 1 | | of the right of eminent domain under the Eminent Domain Act. | 2 | | Proceedings to ascertain the compensation to be paid for | 3 | | taking or damaging private property shall, in all cases, be | 4 | | instituted in the county where the property sought to be taken | 5 | | or damaged is situated. All damages to property, whether | 6 | | determined by agreement or by final judgment of court, shall | 7 | | be paid prior to the payment of any other debt or obligation. | 8 | | Section 150. Rights-of-way over other property for | 9 | | improvements. When, in making any improvements that the | 10 | | district is authorized by this Act to make, it shall be | 11 | | necessary to enter upon and take possession of any existing | 12 | | drains, sewers, sewer outlets, plants for the purification of | 13 | | sewage or water, or any other public property, or property | 14 | | held for public use, the board of trustees of the district may | 15 | | do so and may acquire the necessary right-of-way over any | 16 | | other property held for public use in the same manner as is | 17 | | herein provided for acquiring private property, and may enter | 18 | | upon, and use the same for the purposes aforesaid. The public | 19 | | use thereof may not be unnecessarily interrupted or interfered | 20 | | with and shall be restored to its former usefulness as soon as | 21 | | practicable. | 22 | | Section 155. Contracts; matter removed from sewage. The | 23 | | board of trustees may enter into contract with a municipality | 24 | | for the reduction, treatment, storage, and disposal of |
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| 1 | | garbage, offal, or solid matter removed from sewage at any | 2 | | disposal plant or treatment works. | 3 | | Section 160. Contracts; territory outside the district. | 4 | | The district may (i) permit territory lying outside its | 5 | | limits, whether within any sanitary district or not, to drain | 6 | | into and use any channel or drain made by it, upon such | 7 | | payments, terms, and conditions as may be mutually agreed | 8 | | upon, (ii) contract for the right to use any drain or channel | 9 | | that may be made by any sanitary district, upon such terms as | 10 | | may be mutually agreed upon, and (iii) raise the money called | 11 | | for by any such contract in the same way and to the same extent | 12 | | as the district may raise money for any other corporate | 13 | | purposes. | 14 | | Section 165. Contracts; covering costs of financing, | 15 | | constructing, operating, and maintaining district facilities. | 16 | | The district may enter into contracts with municipalities or | 17 | | other parties outside the district that may request service | 18 | | from the district at higher rates than the existing rates for | 19 | | consumers within the district to allow the district to obtain | 20 | | a fair return to cover the costs of financing, constructing, | 21 | | operating, and maintaining its facilities. If the rates are | 22 | | not thereafter agreed upon by the parties or are not otherwise | 23 | | provided for by contract, such rates shall be fixed and | 24 | | determined by the Circuit Court of Cook County after a |
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| 1 | | petition has been filed with that court. | 2 | | Section 170. Acquiring sanitary district or municipal | 3 | | treatment works. | 4 | | (a) After incorporation, the West Cook Flood Prevention | 5 | | District may, in accordance with this Act and an | 6 | | intergovernmental agreement with a sanitary district or | 7 | | municipality, acquire or lease the sewage and stormwater | 8 | | systems, as well as territory, treatment works, lines, | 9 | | appurtenances, and other property of (i) a sanitary district | 10 | | organized under the Sanitary District Act of 1907, the | 11 | | Sanitary District Act of 1917, the Sanitary District Act of | 12 | | 1936 or (ii) a municipality whose treatment works were | 13 | | established under the Illinois Municipal Code or the Municipal | 14 | | Wastewater Disposal Zones Act, regardless of whether that | 15 | | district or municipality is contiguous to the West Cook Flood | 16 | | Prevention District. The distance between the sanitary | 17 | | district being acquired or the municipality and the West Cook | 18 | | Flood Prevention District, as measured between the points on | 19 | | their corporate boundaries that are nearest to each other, may | 20 | | not exceed 20 miles. In the case of a municipality, only that | 21 | | property used by the municipality for transport, treatment, | 22 | | and discharge of stormwater or wastewater or for disposal of | 23 | | sewage sludge may be transferred to the West Cook Flood | 24 | | Prevention District. | 25 | | (b) The board of trustees of the sanitary district being |
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| 1 | | acquired, or the corporate authorities of a municipality whose | 2 | | treatment works is being acquired, shall, jointly with the | 3 | | board of trustees of the West Cook Flood Prevention District, | 4 | | petition the Circuit Court of Cook County to permit the | 5 | | acquisition. The petition shall show the following: | 6 | | (1) The reason for the acquisition. | 7 | | (2) That there are no debts of the sanitary district | 8 | | being acquired or municipality outstanding or that there | 9 | | are sufficient funds on hand or available to satisfy those | 10 | | debts. | 11 | | (3) That no contract or federal or State permit or | 12 | | grant will be impaired by the acquisition. | 13 | | (4) That all assets and responsibilities of the | 14 | | sanitary district being acquired or municipality, as they | 15 | | relate to wastewater treatment, have been properly | 16 | | assigned to the acquiring district. | 17 | | (5) That the West Cook Flood Prevention District will | 18 | | pay any court costs incurred in connection with the | 19 | | petition. | 20 | | (6) The boundaries of the acquired sanitary district | 21 | | or municipality as of the date of the petition. | 22 | | (c) Upon adequate notice, including appropriate notice to | 23 | | the Illinois Environmental Protection Agency, the circuit | 24 | | court shall hold a hearing to determine whether there is good | 25 | | cause for the acquisition by the acquiring district and | 26 | | whether the allegations of the petition are true. If the court |
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| 1 | | finds that there is good cause and that the allegations are | 2 | | true, it shall order the acquisition to proceed. If the court | 3 | | finds that there is not good cause for the acquisition or that | 4 | | the allegations of the petition are not true, the court shall | 5 | | dismiss the petition. In either event, the costs shall be | 6 | | taxed against the acquiring district. The order shall be | 7 | | final. Separate or joint appeals may be taken by any party | 8 | | affected by the order as in other civil cases. | 9 | | (d) If the court orders the acquisition contemplated in | 10 | | the petition, there shall be no further appointments of | 11 | | trustees if the acquired agency is a sanitary district. The | 12 | | trustees of the acquired sanitary district acting at the time | 13 | | of the order shall close up the business affairs of the | 14 | | sanitary district and make the necessary conveyances of title | 15 | | to the sanitary district property in accordance with the | 16 | | intergovernmental agreement between the acquiring and acquired | 17 | | sanitary districts. In the case of a municipality, the | 18 | | governing body of the municipality shall make the necessary | 19 | | conveyances of title to municipal property to the district in | 20 | | accordance with the intergovernmental agreement between the | 21 | | municipality and the district. The district's ordinances shall | 22 | | take effect in the acquired territory upon entry of the order. | 23 | | (e) The acquisition of any sanitary district by the West | 24 | | Cook Flood Prevention District or the acquisition of a | 25 | | treatment works from a municipality by the West Cook Flood | 26 | | Prevention District does not affect the obligation of any |
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| 1 | | bonds issued or contracts entered into by the acquired | 2 | | sanitary district or the municipality, nor invalidate the | 3 | | levy, extension, or collection of any taxes or special | 4 | | assessments upon a property in the acquired sanitary district, | 5 | | but all those bonds and contracts shall be discharged. The | 6 | | general obligation indebtedness of the acquired sanitary | 7 | | district shall be paid from the proceeds of continuing taxes | 8 | | and special assessments as provided in this Act. | 9 | | All money remaining after the business affairs of the | 10 | | acquired sanitary district or acquired treatment works of the | 11 | | municipality have been closed up and all debts and obligations | 12 | | of the entities paid shall be paid to the West Cook Flood | 13 | | Prevention District in accordance with the intergovernmental | 14 | | agreement between the parties. | 15 | | (f) An intergovernmental agreement entered into by the | 16 | | parties under this Section shall provide for the imposition or | 17 | | continuance of a user charge system in accordance with the | 18 | | acquiring West Cook Flood Prevention District's ordinance, the | 19 | | Illinois Environmental Protection Act, and the federal Clean | 20 | | Water Act. | 21 | | (g) All courts shall take judicial notice of the | 22 | | acquisition of the sanitary district being acquired or | 23 | | municipal treatment works by the West Cook Flood Prevention | 24 | | District. | 25 | | Section 175. Construction special assessments. The board |
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| 1 | | of trustees may build and construct and to defray the cost and | 2 | | expenses of the construction of drains, sewers, or laterals, | 3 | | or drains and sewers and laterals and other necessary adjuncts | 4 | | thereto, including pumps, pumping stations, and interceptors | 5 | | made by it in the execution or in furtherance of the powers | 6 | | heretofore granted to the district by special assessment, as | 7 | | they shall by ordinance prescribe. A person may not object to a | 8 | | special assessment because the improvement for which the same | 9 | | is levied is partly outside the limits of the district. A | 10 | | special assessment may not be made upon property situated | 11 | | outside the district, and property may not be assessed more | 12 | | than it will be benefited by the improvement for which the | 13 | | assessment is levied. The procedure in making improvements by | 14 | | special assessment shall be the same as nearly as possible as | 15 | | is prescribed in Divisions 1 and 2 of Article 9 of the Illinois | 16 | | Municipal Code and Division 87 of Article 11 of the Illinois | 17 | | Municipal Code. The functions and duties of the city council, | 18 | | the council, the board of trustees, or the board of local | 19 | | improvements under those provisions of the Illinois Municipal | 20 | | Code shall be assumed and discharged by the board of trustees | 21 | | of the district; and the duties of the officers designated in | 22 | | those divisions of the Illinois Municipal Code as mayor of a | 23 | | city, president of a village or incorporated town, or | 24 | | president of the board of local improvements shall be assumed | 25 | | and discharged by the president of the board of trustees of the | 26 | | district. The duties of other municipal officers designated in |
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| 1 | | those provisions of the Illinois Municipal Code shall be | 2 | | performed by similar officers of the district. | 3 | | Section 180. Special assessment procedures. When any | 4 | | special assessment is made under this Act, the ordinance | 5 | | authorizing such assessment may provide that the entire | 6 | | assessment and each individual assessment be divided into not | 7 | | more than 20 annual installments. The division shall be made | 8 | | so that all installments shall be equal in amount, except that | 9 | | all fractional amounts shall be added to the first installment | 10 | | to leave the remaining installments of the aggregate equal in | 11 | | amount and each a multiple of $100. The said several | 12 | | installments shall bear interest at a rate not to exceed that | 13 | | permitted for public corporation bonds under the Bond | 14 | | Authorization Act. Both principal and interest shall be | 15 | | payable, collected, and enforced as they shall become due in | 16 | | the manner provided for the levy, payment, collection and | 17 | | enforcement of such assessments and interest, as provided in | 18 | | Divisions 1 and 2 of Article 9 of the Illinois Municipal Code | 19 | | and Division 87 of Article 11 of the Illinois Municipal Code. | 20 | | Section 185. Bonds for special assessments. If an | 21 | | ordinance regarding improvements that provides for the payment | 22 | | of the improvement by special assessment, either in whole or | 23 | | in part, then the board of trustees may issue bonds to | 24 | | anticipate the collection of the second and succeeding |
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| 1 | | installments of said assessments payable only out of such | 2 | | assessment when collected and bearing interest at the same | 3 | | rate as provided upon the installments of such assessments. | 4 | | Said bonds shall be issued and subject to call and retirement | 5 | | in the same manner as provided in Divisions 1 and 2 of Article | 6 | | 9 of the Illinois Municipal Code and Division 87 of Article 11 | 7 | | of the Illinois Municipal Code. | 8 | | Section 190. Ordinances requiring the taking or damaging | 9 | | of property. If the board of trustees adopts an ordinance for | 10 | | the making of any improvement authorized by this Act, the | 11 | | making of which will require the taking or damaging of | 12 | | property, the proceeding for the taking or damaging of | 13 | | property and for making just compensation therefor shall be as | 14 | | described in Divisions 1 and 2 of Article 9 of the Illinois | 15 | | Municipal Code and Division 87 of Article 11 of the Illinois | 16 | | Municipal Code. | 17 | | Section 195. Addition of contiguous territory. Additional | 18 | | contiguous territory may be added to the district in the | 19 | | following manner: | 20 | | 10% or more of the legal voters residing within the limits | 21 | | of such proposed addition to the district may petition the | 22 | | Circuit Court of Cook County to cause the question to be | 23 | | submitted to the legal voters of such proposed additional | 24 | | territory whether such proposed additional territory shall |
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| 1 | | become a part of the district and whether such additional | 2 | | territory and the taxpayers thereof shall assume a | 3 | | proportionate share of the bonded indebtedness, if any, of the | 4 | | district. Such petition shall be addressed to the court and | 5 | | shall contain a definite description of the boundaries of the | 6 | | territory sought to be added. No territory disqualified under | 7 | | this Act may be included. | 8 | | Upon the filing of such a petition in the office of the | 9 | | Clerk of the Circuit Court of Cook County, the court shall | 10 | | consider the boundaries of such proposed additional territory, | 11 | | whether the same shall be those stated in the petition or | 12 | | otherwise. The decision of the court shall be a final order and | 13 | | appealable as in other civil cases. | 14 | | Notice shall be given by the court of the time and place | 15 | | when and where all persons interested will be heard | 16 | | substantially. The court shall certify its order and the | 17 | | proposition to the proper election officials who shall submit | 18 | | the proposition at an election in accordance with the general | 19 | | election law. The proposition shall be in substantially the | 20 | | following form: | 21 | | ----------------------------------------------
| 22 | | For joining sanitary district and
| 23 | | assuming a proportionate share
| 24 | | of bonded indebtedness, if any.
| 25 | | -------------------------------------------------------------
| 26 | | Against joining sanitary district
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| 1 | | and assuming a proportionate
| 2 | | share of bonded indebtedness,
| 3 | | if any.
| 4 | | ------------------------------------------------------------- | 5 | | If a majority of the votes cast at such election are in | 6 | | favor of becoming a part of the district and if the trustees of | 7 | | the district accept the proposed additional territory by | 8 | | ordinance annexing the same, the court shall enter an | 9 | | appropriate order of record in the court, and such additional | 10 | | territory shall thenceforth be added to the district. Any such | 11 | | additional contiguous territory may be annexed to the district | 12 | | upon petition addressed to such court, signed by a majority of | 13 | | the owners of lands constituting such territory who, in the | 14 | | case of natural persons, shall have arrived at lawful age and | 15 | | who represent a majority in area of such territory, and the | 16 | | petition shall contain a definite description of the | 17 | | boundaries of such territory and shall set forth the | 18 | | willingness of the petitioners that such territory and the | 19 | | taxpayers thereof assume a proportionate share of the bonded | 20 | | indebtedness, if any, of the district. Upon the filing of such | 21 | | petition and notice of and hearing and decision upon the same | 22 | | by the aforesaid trustees, all as hereinbefore provided, such | 23 | | trustees or a majority of them, shall enter an order | 24 | | containing their findings and decision as to the boundaries of | 25 | | the territory to be annexed; and thereupon, if the trustees of | 26 | | the district shall pass an ordinance annexing the territory |
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| 1 | | described in such order to the district, the court shall enter | 2 | | an appropriate order as hereinabove provided, and such | 3 | | additional territory shall thenceforth be deemed an integral | 4 | | part of the district. | 5 | | Section 200. Disconnection of contiguous territory. | 6 | | Contiguous territory located within the boundaries of the | 7 | | district and upon the border of the district may disconnect | 8 | | from the district as follows: 10% or more of the legal voters | 9 | | resident in the territory sought to be disconnected from the | 10 | | district may petition the Circuit Court of Cook County to | 11 | | cause the question of whether such territory shall be | 12 | | disconnected to be submitted to the legal voters of such | 13 | | territory. Such a petition shall be addressed to the court and | 14 | | shall contain a definite description of the boundaries of such | 15 | | territory and recite as a fact, that there is no outstanding | 16 | | bonded indebtedness of the district that was incurred or | 17 | | assumed while such territory was a part of the district and | 18 | | that no special assessments for local improvements were levied | 19 | | upon or assessed against any of the lands within such | 20 | | territory or, if so levied or assessed, that all of such | 21 | | assessments have been fully paid and discharged and that such | 22 | | territory is not, at the time of the filing of such petition, | 23 | | and will not be, either benefited or served by any work or | 24 | | improvements either then existing or then authorized by said | 25 | | district. Upon filing such petition in the office of the Clerk |
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| 1 | | of the Circuit Court of Cook County, the court shall consider | 2 | | the boundaries of such territory and the facts upon which the | 3 | | petition is founded. The court may alter the boundaries of | 4 | | such territory or shall deny the prayer of the petition if the | 5 | | material allegations therein contained are not founded in | 6 | | fact; however, a decision of said trustees or a majority of | 7 | | them shall be conclusive and not subject to review. | 8 | | Notice shall be given by the court of the time and place | 9 | | when and where all persons interested will be heard. The court | 10 | | shall certify its order and the question to the proper | 11 | | election officials who shall submit the question at an | 12 | | election in accordance with the general election law. The | 13 | | proposition shall be in substantially the following form: | 14 | | ----
| 15 | | For disconnection from
| 16 | | sanitary district. | 17 | | -------------------------------------------
| 18 | | Against disconnection from
| 19 | | sanitary district.
| 20 | | ------------------------------------------------------------- | 21 | | If a majority of the votes cast at such election are in | 22 | | favor of disconnection and if the trustees of the district, by | 23 | | ordinance, disconnect such territory, then the court shall | 24 | | enter an appropriate order of record in the court and | 25 | | thereafter such territory is disconnected from the district. |
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| 1 | | Section 205. Unit of local government withdrawal from the | 2 | | district. A unit of local government included in the district | 3 | | may withdraw from the district, however, such unit must pay a | 4 | | fee to the district to compensate for costs incurred by the | 5 | | district as a result of said unit of local government's | 6 | | discharge of groundwater, surface water, sewage, stormwater, | 7 | | and other waters into the district's sewer system. A unit of | 8 | | local government that elects to withdraw from the district | 9 | | shall pay over to the district its proportionate share of the | 10 | | bonded indebtedness, if any, of the district prior to its | 11 | | disconnection. | 12 | | Section 210. Annexation of territory. The board of | 13 | | trustees of the district may annex territory that is not | 14 | | within the corporate limits of the district if: | 15 | | (1) the territory is contiguous to the district or the | 16 | | territory is noncontiguous and the owner or owners of | 17 | | record have entered into an agreement requesting the | 18 | | annexation of the noncontiguous territory; and | 19 | | (2) the territory is served by the district or by a | 20 | | municipality with sewers that are connected and served by | 21 | | the district. | 22 | | The annexation may be accomplished only by ordinance and | 23 | | the ordinance shall include a description of the annexed | 24 | | territory. A copy of the ordinance and a map of the annexed | 25 | | territory certified as true and accurate by the clerk of the |
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| 1 | | district shall be filed with the county clerk of Cook County. | 2 | | The new boundary shall extend to the far side of any adjacent | 3 | | highway and shall include all of every highway within the area | 4 | | annexed. These highways shall be considered to be annexed even | 5 | | though not included in the legal description in the annexation | 6 | | ordinance. | 7 | | The territory to be annexed to the district shall be | 8 | | considered to be contiguous to the district notwithstanding | 9 | | that the territory to be annexed is divided by, or that the | 10 | | territory to be annexed is separated from the district by, one | 11 | | or more railroad rights-of-way, public easements, or | 12 | | properties owned by a public utility, a forest preserve | 13 | | district, a public agency, or a not-for-profit corporation. | 14 | | Section 215. Annexation agreements. The board of trustees | 15 | | of the district may enter into an agreement with one or more of | 16 | | the owners of record of land in any territory that may be | 17 | | annexed to the district as provided in this Act. Such | 18 | | agreement may provide for the annexation of such territory to | 19 | | the district, subject to the provisions of this Act, and any | 20 | | other matter not inconsistent with the provisions of this Act, | 21 | | nor forbidden by law. | 22 | | Any action taken by the board of trustees during the | 23 | | period such agreement is in effect, that, if it applied to the | 24 | | land that is the subject of the agreement, would be a breach of | 25 | | such agreement, does not apply to such land without an |
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| 1 | | amendment of such agreement. | 2 | | The board of trustees shall fix a time for and hold a | 3 | | public hearing upon the proposed annexation agreement or | 4 | | amendment, and shall give notice of the proposed agreement or | 5 | | amendment not more than 30 nor less than 15 days before the | 6 | | date fixed for the hearing. This notice shall be published at | 7 | | least once in one or more newspapers published within the | 8 | | district. After such hearing, the agreement or amendment may | 9 | | be modified before execution thereof. The annexation agreement | 10 | | or amendment shall be executed by the president of the board of | 11 | | trustees only after such hearing and upon the adoption of a | 12 | | resolution directing such execution, and the resolution must | 13 | | be passed by a vote of two-thirds of the board of trustees then | 14 | | holding office. | 15 | | Any annexation agreement executed pursuant to this Section | 16 | | shall be binding upon the successor owners of record of the | 17 | | land that is the subject of the agreement and upon successor | 18 | | board of trustees of the district and any successor districts. | 19 | | A party to such agreement may, by civil action, mandamus, or | 20 | | other proceeding, enforce and compel performance of the | 21 | | agreement. | 22 | | Section 220. Territory of the district to be considered | 23 | | contiguous territory. Territory that is to be annexed to the | 24 | | district shall be considered to be contiguous to the district | 25 | | even if the territory is divided by one or more railroad |
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| 1 | | rights-of-way, public easements, or property owned by a public | 2 | | utility or even if the territory to be so annexed is separated | 3 | | from the district by one or more railroad rights-of-way, | 4 | | public easements, or property owned by a public utility. | 5 | | Section 225. Insurance. The board of trustees of the | 6 | | district may arrange to provide for the benefit of employees | 7 | | and trustees of the district group life, health, accident, | 8 | | hospital and medical insurance, or any one or any combination | 9 | | of those types of insurance. The board of trustees may also | 10 | | establish a self-insurance program to provide such group life, | 11 | | health, accident, hospital and medical coverage, or any one or | 12 | | any combination of such coverage. The board of trustees may | 13 | | enact an ordinance prescribing the method of operation of such | 14 | | an insurance program. Such insurance may include provision for | 15 | | employees and trustees who rely on treatment by prayer or | 16 | | spiritual means alone for healing in accordance with the | 17 | | tenets and practice of a well recognized religious | 18 | | denomination. The board of trustees may provide for payment by | 19 | | the district of the premium or charge for such insurance or the | 20 | | cost of a self-insurance program. | 21 | | The board of trustees may provide for the withholding and | 22 | | deducting from the compensation of such of the employees and | 23 | | trustees as consent thereto the premium or charge for any | 24 | | group life, health, accident, hospital and medical insurance. | 25 | | The board of trustees may only obtain insurance from an |
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| 1 | | insurance company or companies authorized to do business in | 2 | | the State of Illinois or such other organization or service | 3 | | provider authorized to do business in the State of Illinois. | 4 | | Section 230. Claims for compensation. A claim for | 5 | | compensation may not be made or an action for damages filed | 6 | | against the district on account of any damage to property | 7 | | occurring on or after the effective date of this Act unless | 8 | | notice in writing is filed with the district's board of | 9 | | trustees within 6 months after the occurrence of the damage. | 10 | | The notice must include the following information: (i) the | 11 | | name and residence address of the owner of the property | 12 | | damaged; (ii) the property's location; and (iii) the probable | 13 | | extent of the damage sustained. | 14 | | Section 235. Discharge into sewer of the district. | 15 | | (a) The terms used in this Section are defined as follows: | 16 | | "Board of trustees" means the board of trustees of the | 17 | | district. | 18 | | "Industrial wastes" means all solids, liquids, or gaseous | 19 | | wastes resulting from any commercial, industrial, | 20 | | manufacturing, agricultural, trade, or business operation or | 21 | | process or from the development, recovery, or processing of | 22 | | natural resources. | 23 | | "Other wastes" means decayed wood, sawdust, shavings, | 24 | | bark, lime, refuse, ashes, garbage, offal, oil, tar, |
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| 1 | | chemicals, and all other substances except sewage and | 2 | | industrial wastes. | 3 | | "Person" means any individual, firm, association, joint | 4 | | venture, sole proprietorship, company, partnership, estate | 5 | | copartnership, corporation, joint stock company, trust, school | 6 | | district, unit of local government, or private corporation | 7 | | organized or existing under the laws of this State or any other | 8 | | state or country. | 9 | | "President" means the president of the board of trustees. | 10 | | "Sewage" means water-carried human wastes or a combination | 11 | | of water-carried wastes from residences, buildings, | 12 | | businesses, industrial establishments, institutions, or other | 13 | | places together with any groundwater, surface water, | 14 | | stormwater, or other water that may be present. | 15 | | "Stormwater" means rainwater produced by a storm or other | 16 | | precipitation event, including any and all floodwaters | 17 | | resulting during and after a weather event. | 18 | | (b) It shall be unlawful for any person to discharge | 19 | | sewage, groundwater, surface water, stormwater, industrial | 20 | | waste, or other wastes or waters into any sewerage system in | 21 | | the control of the district or into any sewer connected | 22 | | therewith, except upon the terms and conditions that the | 23 | | district might reasonably impose by way of ordinance, permit, | 24 | | or otherwise. | 25 | | The district, in addition to all other powers vested in it | 26 | | and in the interest of public health and safety, or as |
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| 1 | | authorized by subsections (b) and (c) of Section 46 of the | 2 | | Environmental Protection Act, may adopt all ordinances, rules, | 3 | | or regulations necessary to implement this Section, including, | 4 | | but not limited to, the imposition of charges based on | 5 | | factors, including strength and volume and the right of access | 6 | | during reasonable hours. | 7 | | (c) The district shall require municipalities discharging | 8 | | groundwater, surface water, sewage, stormwater, industrial | 9 | | waste, or other wastes or waters into any sewerage system in | 10 | | the control of the district or into any sewer connected | 11 | | therewith to compensate the district for the use, maintenance, | 12 | | and construction costs of the district sewerage system as a | 13 | | result of such discharge. The district shall charge each | 14 | | municipality on a pro rata basis an amount reasonable and | 15 | | proportionate, as determined by the board of trustees, to the | 16 | | total volume each municipality discharges into the system. | 17 | | (d) Whenever the district acting through the president | 18 | | determines that groundwater, surface water, sewage, | 19 | | stormwater, industrial wastes, or other wastes are being | 20 | | discharged into a sewerage system in the control of the | 21 | | district and when, in the opinion of the president, the | 22 | | discharge is in violation of an ordinance, rules, or | 23 | | regulations adopted by the board of trustees under this | 24 | | Section governing industrial wastes or other wastes, the | 25 | | president shall order the offending party to cease and desist. | 26 | | The order shall be served on the offending party by U.S. |
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| 1 | | first-class mail, U.S. certified mail, personally, or by email | 2 | | as provided in subsection (l). | 3 | | If the offending party fails or refuses to immediately | 4 | | discontinue the discharge after service of the | 5 | | cease-and-desist order, the president may order the offending | 6 | | party to show cause before the board of trustees of the | 7 | | district why the discharge should not be discontinued. A | 8 | | notice shall be served directing the offending party to show | 9 | | cause before the board of trustees why an order should not be | 10 | | entered directing the discontinuance of the discharge. The | 11 | | notice shall specify the time and place where a hearing will be | 12 | | held and shall be served on the offending party by U.S. | 13 | | first-class mail, U.S. certified mail, personally, or by email | 14 | | as provided in subsection (l) at least 10 days before the | 15 | | hearing; and, in the case of a unit of local government or a | 16 | | corporation, the service shall be upon an officer or agent | 17 | | thereof. After reviewing the evidence, the board of trustees | 18 | | may issue an order to the party responsible for the discharge | 19 | | directing that within a specified period of time the discharge | 20 | | be discontinued. The board of trustees may also order the | 21 | | party responsible for the discharge to pay a civil penalty in | 22 | | an amount specified by the board of trustees that is not less | 23 | | than $1,000 nor more than $2,000 per day for each day of | 24 | | discharge of effluent in violation of this Act as provided in | 25 | | subsection (d); however, if the part responsible is a unit of | 26 | | government, the board of trustees may order the party to pay a |
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| 1 | | civil penalty in an amount specified by the board of trustees | 2 | | that is not less than $10,000 nor more than $20,000 per day for | 3 | | each day of discharge of effluent in violation of this Act as | 4 | | provided in subsection (d). The board of trustees may also | 5 | | order the party responsible for the violation to all costs and | 6 | | legal fees associated with the violation. | 7 | | (e) The board of trustees shall establish procedures for | 8 | | assessing civil penalties and issuing orders under subsection | 9 | | (c) as follows: | 10 | | (1) In making its orders and determinations, the board | 11 | | of trustees shall take into consideration all the facts | 12 | | and circumstances bearing on the activities involved and | 13 | | the assessment of civil penalties as shown by the record | 14 | | produced at the hearing. | 15 | | (2) The board of trustees shall establish a panel of | 16 | | independent hearing officers to conduct all hearings on | 17 | | the assessment of civil penalties and issuance of orders | 18 | | under subsection (c). The hearing officers shall be | 19 | | attorneys licensed to practice law in this State. | 20 | | (3) The board of trustees shall promulgate procedural | 21 | | rules governing the proceedings, the assessment of civil | 22 | | penalties, and the issuance of orders. | 23 | | (4) All hearings shall be on the record, and testimony | 24 | | taken must be under oath and recorded stenographically. | 25 | | Transcripts so recorded must be made available to any | 26 | | member of the public or any party to the hearing upon |
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| 1 | | payment of the usual charges for transcripts. At the | 2 | | hearing, the hearing officer may issue, in the name of the | 3 | | board of trustees, notices of hearing requesting the | 4 | | attendance and testimony of witnesses and the production | 5 | | of evidence relevant to any matter involved in the hearing | 6 | | and may examine witnesses. | 7 | | (5) The hearing officer shall conduct a full and | 8 | | impartial hearing on the record with an opportunity for | 9 | | the presentation of evidence and cross-examination of the | 10 | | witnesses. The hearing officer shall issue findings of | 11 | | fact, conclusions of law, a recommended civil penalty, and | 12 | | an order based solely on the record. The hearing officer | 13 | | may also recommend, as part of the order, that the | 14 | | discharge of industrial waste be discontinued within a | 15 | | specified time. | 16 | | (6) The findings of fact, conclusions of law, | 17 | | recommended civil penalty, and order shall be transmitted | 18 | | to the board of trustees along with a complete record of | 19 | | the hearing. | 20 | | (7) The board of trustees shall either approve or | 21 | | disapprove the findings of fact, conclusions of law, | 22 | | recommended civil penalty, and order. If the findings of | 23 | | fact, conclusions of law, recommended civil penalty, or | 24 | | order are rejected, the board of trustees shall remand the | 25 | | matter to the hearing officer for further proceedings. If | 26 | | the order is accepted by the board of trustees, it shall |
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| 1 | | constitute the final order of the board of trustees. | 2 | | (8) The civil penalty specified by the board of | 3 | | trustees shall be paid within 35 days after the party on | 4 | | whom it is imposed receives a written copy of the order of | 5 | | the board of trustees, unless the person or persons to | 6 | | whom the order is issued seeks judicial review. | 7 | | (9) If the party seeks judicial review of the order | 8 | | assessing civil penalties, the party shall, within 35 days | 9 | | after the date of the final order, pay the amount of the | 10 | | civil penalties into an escrow account maintained by the | 11 | | district for that purpose or file a bond guaranteeing | 12 | | payment of the civil penalties if the civil penalties are | 13 | | upheld on review. | 14 | | (10) Civil penalties not paid by the times specified | 15 | | in this subsection shall be delinquent and subject to | 16 | | additional interest and penalties. The penalties and | 17 | | interest provided for in this subsection shall be in | 18 | | addition to and not in derogation of any other remedy or | 19 | | right of recovery, in law or equity, that the district may | 20 | | have with respect to the collection or recovery of | 21 | | penalties and charges imposed by the district. | 22 | | (f) The president may order a unit of local government or | 23 | | any person to cease the discharge of groundwater, surface | 24 | | water, sewage, stormwater, effluent, or industrial waste upon | 25 | | a finding by the president that the final order of the board of | 26 | | trustees entered after a hearing to show cause has been |
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| 1 | | violated. The order shall be served on the offending party by | 2 | | U.S. first-class mail, U.S. certified mail, personally, or by | 3 | | email as provided in subsection (l). The order of the | 4 | | president shall also schedule an expedited hearing before a | 5 | | hearing officer designated by the board of trustees for the | 6 | | purpose of determining whether the party has violated the | 7 | | final order of the board of trustees The board of trustees | 8 | | shall adopt rules of procedure governing expedited hearings. | 9 | | In no event shall the hearing be conducted less than 7 days | 10 | | after service of the president's order on the offending party. | 11 | | At the conclusion of the expedited hearing, the hearing | 12 | | officer shall prepare a report with his or her findings and | 13 | | recommendations and transmit it to the board of trustees. If | 14 | | the board of trustees, after reviewing the findings and | 15 | | recommendations and the record produced at the hearings, | 16 | | determines that the party has violated the board of trustees' | 17 | | final order, the board of trustees may authorize the plugging | 18 | | of the sewer or the disconnection of a party from the sewer | 19 | | system. The president shall give not less than 10 days' | 20 | | written notice of board of trustees' order to the unit of local | 21 | | government, owner, officer, registered agent, or individual | 22 | | designated by permit, that the sewer will be plugged or | 23 | | otherwise disconnected. | 24 | | The option to plug a sewer shall be in addition to and not | 25 | | in derogation of any other remedy, in law or in equity, that | 26 | | the district may have to prevent violation of its ordinances |
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| 1 | | and orders of its board of trustees. | 2 | | (g) A violation of the final order of the board of trustees | 3 | | shall be considered a nuisance. If any person discharges | 4 | | groundwater, surface water, sewage, stormwater, effluent, | 5 | | industrial wastes, or other wastes into any sewers or systems | 6 | | owned or operated by the district contrary to the final order | 7 | | of the board of trustees, the district acting through the | 8 | | president may commence an action or proceeding in the circuit | 9 | | court in and for the county in which the district is located | 10 | | for the purpose of having the discharge stopped either by | 11 | | mandamus or injunction, or to remedy the violation in any | 12 | | manner provided for in this Section. | 13 | | The court shall specify a time, not exceeding 20 days | 14 | | after the service of the copy of the complaint, in which the | 15 | | party complained of must plead to the complaint, and in the | 16 | | meantime, the party may be restrained. In case of default or | 17 | | after pleading, the court shall immediately inquire into the | 18 | | facts and circumstances of the case and enter an appropriate | 19 | | judgment in respect to the matters complained of. Appeals may | 20 | | be taken as in other civil cases. | 21 | | (h) The district, acting through the president, may | 22 | | commence an action or proceeding for mandamus or injunction in | 23 | | the circuit court ordering a party to cease its discharge, | 24 | | when, in the opinion of the president, the party's discharge | 25 | | presents an imminent danger to the public health, welfare, or | 26 | | safety, presents or may present an endangerment to the |
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| 1 | | environment, creates a risk of flooding, or threatens to | 2 | | interfere with the operation of the sewerage system under the | 3 | | jurisdiction of the district. The initiation of a show cause | 4 | | hearing is not a prerequisite to the commencement by the | 5 | | district of an action or proceeding for mandamus or injunction | 6 | | in the circuit court. The court shall specify a time, not | 7 | | exceeding 20 days after the service of a copy of the petition, | 8 | | in which the party complained of must answer the petition, and | 9 | | in the meantime, the party may be restrained. In case of | 10 | | default in answer or after answer, the court shall immediately | 11 | | inquire into the facts and circumstances of the case and enter | 12 | | an appropriate judgment order in respect to the matters | 13 | | complained of. An appeal may be taken from the final judgment | 14 | | in the same manner and with the same effect as appeals are | 15 | | taken from judgment of the circuit court in other actions for | 16 | | mandamus or injunction. | 17 | | (i) Whenever the district commences an action under | 18 | | subsection (f), the court shall assess a civil penalty of not | 19 | | less than $1,000 nor more than $10,000 for each day the party | 20 | | violates a board order. Whenever the district commences an | 21 | | action under subsection (g), the court shall assess a civil | 22 | | penalty of not less than $1,000 nor more than $10,000 for each | 23 | | day the person violates the ordinance. Each day's continuance | 24 | | of the violation is a separate offense. The penalties provided | 25 | | in this Section plus interest at the rate set forth in the | 26 | | Interest Act on unpaid penalties, costs, and fees, imposed by |
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| 1 | | the board of trustees under subsection (d), the reasonable | 2 | | costs to the district of removal or other remedial action | 3 | | caused by discharges in violation of this Act, reasonable | 4 | | attorney's fees, court costs, and other expenses of litigation | 5 | | together with costs for inspection, sampling, analysis, and | 6 | | administration related to the enforcement action against the | 7 | | offending party are recoverable by the district in a civil | 8 | | action. | 9 | | (j) The board of trustees may establish fees for late | 10 | | filing of reports with the district required by an ordinance | 11 | | governing discharges. The district shall provide a written | 12 | | notice of the fee assessment by U.S. first-class mail, U.S. | 13 | | certified mail, personally or by email as provided in | 14 | | subsection (l) that states the party has 30 days after being | 15 | | served with the notice to request a conference with the | 16 | | president's designee to discuss or dispute the appropriateness | 17 | | of the assessed fee. Unless a party objects to paying the fee | 18 | | for filing a report late by timely requesting in writing a | 19 | | conference with a designee of the president, that party waives | 20 | | its right to a conference. | 21 | | If a party requests a conference and the matter is not | 22 | | resolved at the conference, the party subject to the fee may | 23 | | request an administrative hearing before an impartial hearing | 24 | | officer appointed under subsection (d) to determine the | 25 | | party's liability for and the amount of the fee. | 26 | | If the hearing officer finds that the late filing fees are |
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| 1 | | owed to the district, the district shall notify the | 2 | | responsible party or parties of the hearing officer's | 3 | | decision. If payment is not made within 30 days after the | 4 | | notice, the fee shall be deemed delinquent and the district | 5 | | may impose additional penalties and interest. | 6 | | (k) The provisions of the Administrative Review Law and | 7 | | all rules adopted pursuant to that Law apply to and govern all | 8 | | proceedings for the judicial review of final administrative | 9 | | decisions of the board of trustees in the enforcement of any | 10 | | ordinance, rule, or regulation adopted under this Act. | 11 | | (l) Solely in relation to the discharge of groundwater, | 12 | | surface water, sewage, stormwater, industrial wastes, or other | 13 | | wastes subject to one of the district's ordinances, the | 14 | | district may implement an electronic reporting system that | 15 | | will allow notices, orders, and other documents to be sent | 16 | | directly by email to persons or entities registered with the | 17 | | district, and, in the discretion of the district, to allow | 18 | | those persons or entities registered with the district to | 19 | | view, modify, or submit documents using the electronic | 20 | | reporting system. Whenever this Section provides for service | 21 | | of documents by the district by U.S. first-class mail, U.S. | 22 | | certified mail, or personal service, the district may serve by | 23 | | email the documents upon the registered persons or entities in | 24 | | lieu of service by U.S. first-class mail, U.S. certified mail, | 25 | | or personal service. Enrollment in the electronic reporting | 26 | | system in this subsection is voluntary and limited to |
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| 1 | | nonresidential facilities or uses. Service by email under this | 2 | | Section is only permitted on those persons or entities that | 3 | | voluntarily enroll in the system. The district shall adopt | 4 | | rules, as approved by ordinance, to ensure service of process | 5 | | by email is properly effectuated upon the registered persons | 6 | | and entities. | 7 | | Section 240. Stormwater management. | 8 | | (a) The district may plan, manage, implement, and finance | 9 | | activities relating to stormwater management within the | 10 | | boundaries of the district in conformance with the countywide | 11 | | stormwater management plan for Cook County. The district's | 12 | | actions under this Section may not infringe upon the | 13 | | stormwater management authority of the Metropolitan Water | 14 | | Reclamation District of Greater Chicago. | 15 | | For the purposes of this Section, the term "stormwater | 16 | | management" includes, without limitation, the management of | 17 | | floods and floodwaters. | 18 | | (b) The district may utilize the resources of cooperating | 19 | | local watershed councils, including the stormwater management | 20 | | planning councils created under Section 5-1062.1 of the | 21 | | Counties Code, councils of local governments, the Northeastern | 22 | | Illinois Planning Commission, and similar organizations and | 23 | | agencies. The district may provide those organizations and | 24 | | agencies with funding, on a contractual basis, for providing | 25 | | information to the district, providing information to the |
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| 1 | | public, or performing other activities related to stormwater | 2 | | management. | 3 | | The district may negotiate and enter into agreements with | 4 | | any county for the management of stormwater runoff in | 5 | | accordance with subsection (c) of Section 5-1062 of the | 6 | | Counties Code. | 7 | | The district may enter into intergovernmental agreements | 8 | | with units of local government that are located in whole or in | 9 | | part outside the district for the purpose of implementing the | 10 | | stormwater management plan and providing stormwater management | 11 | | services in areas not included within the territory of the | 12 | | district. | 13 | | (c) The district shall prepare and adopt by ordinance a | 14 | | stormwater management plan for the district. The plan may | 15 | | incorporate one or more separate watershed plans and shall be | 16 | | at least as stringent as the stormwater management plan | 17 | | established by the Metropolitan Water Reclamation District. | 18 | | Prior to adopting the stormwater management plan, the | 19 | | district shall hold at least one public hearing thereon and | 20 | | shall afford interested persons an opportunity to be heard. | 21 | | The district shall obtain all necessary permits and | 22 | | approvals from the Metropolitan Water Reclamation District in | 23 | | accordance with applicable law. | 24 | | (d) The district may prescribe, by ordinance, reasonable | 25 | | rules and regulations for floodplain and stormwater management | 26 | | and for governing the location, width, course, and release |
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| 1 | | rate of all sewers and stormwater runoff channels and basins | 2 | | in the district in accordance with the adopted stormwater | 3 | | management plan. These rules and regulations shall, at a | 4 | | minimum, meet the standards for floodplain management | 5 | | established by the Office of Water Resources of the Department | 6 | | of Natural Resources and the requirements of the federal | 7 | | Emergency Management Agency for participation in the National | 8 | | Flood Insurance Program. | 9 | | The ordinance adopted by the district under this | 10 | | subsection may provide for a civil penalty for each violation | 11 | | of the ordinance of not less than $100 nor more than $1,000, | 12 | | excluding costs and fees that may be assessed under this | 13 | | Section. Each day's continuance of a violation is a separate | 14 | | offense. | 15 | | (e) Civil penalties assessed by the board of trustees for | 16 | | violations of an ordinance adopted under subsection (d) shall | 17 | | be assessed following a hearing that shall be conducted by the | 18 | | board of trustees or its designee pursuant to procedures | 19 | | adopted by the board of trustees. The procedures shall | 20 | | include, at a minimum, the following: | 21 | | (1) In addition to any civil penalty imposed, the | 22 | | board of trustees may order a party found to have | 23 | | committed a violation of an ordinance adopted under | 24 | | subsection (d) to reimburse the district for the costs of | 25 | | the hearing, including any expenses incurred for | 26 | | inspection, sampling, analysis, administrative costs, and |
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| 1 | | court reporter's and attorney's fees, and to comply with | 2 | | the ordinance adopted under subsection (d) within a time | 3 | | specified by the board of trustees. | 4 | | (2) Unless the party or parties to whom the order is | 5 | | issued seek judicial review, the civil penalties, costs, | 6 | | and fees assessed by the board of trustees under this | 7 | | Section shall be paid by the party or parties in violation | 8 | | no later than the latter of (i) 35 days after the party | 9 | | receives a written copy of the order of the board of | 10 | | trustees imposing the civil penalties, costs, or fees or | 11 | | (ii) the date ordered by the board of trustees. | 12 | | (3) If the party assessed a civil penalty seeks | 13 | | judicial review of the order assessing civil penalties, | 14 | | the party shall, no later than 35 days after the date of | 15 | | the final order, pay the amount of the civil penalties, | 16 | | costs, and fees assessed into an escrow account maintained | 17 | | by the district for that purpose or file a bond | 18 | | guaranteeing payment of the civil penalties, fees, and | 19 | | costs if the civil penalties, fees, and costs are upheld | 20 | | on review. | 21 | | (4) Civil penalties, fees, and costs imposed under | 22 | | this Section are recoverable by the district in a civil | 23 | | action by all remedies available under law. | 24 | | (5) The district may apply to the circuit court for an | 25 | | injunction or mandamus when, in the opinion of the | 26 | | president of the district, the person has failed to comply |
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| 1 | | with an order of the board of trustees or the relief is | 2 | | necessary to prevent flooding. | 3 | | The Administrative Review Law governs proceedings for the | 4 | | judicial review of final orders of the board of trustees | 5 | | issued under this subsection. | 6 | | (f) The district may impose fees on areas outside the | 7 | | district but within Cook County for performance of stormwater | 8 | | management services, including, but not limited to, | 9 | | maintenance the development, design, planning, construction, | 10 | | operation, and maintenance of stormwater facilities and use of | 11 | | the Town of Cicero sewer systems. The unit of local government | 12 | | in which the stormwater services are performed shall remit the | 13 | | fees to the district. All such fees collected by the district | 14 | | shall be held in a separate fund and used for implementation of | 15 | | this Section. | 16 | | (g) Amounts collected by the district under this Act that | 17 | | are designated for corporate purposes or for stormwater | 18 | | management purposes may be used by the district for | 19 | | implementing this Section and for the development, design, | 20 | | planning, construction, operation, and maintenance of regional | 21 | | and local stormwater facilities provided for in the stormwater | 22 | | management plan. | 23 | | (h) The district may plan, implement, finance, and operate | 24 | | regional and local stormwater management projects in | 25 | | accordance with the adopted countywide stormwater management | 26 | | plan. |
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| 1 | | The district shall provide for public review and comment | 2 | | on proposed stormwater management projects. The district shall | 3 | | conform to State and federal requirements concerning public | 4 | | information, environmental assessments, and environmental | 5 | | impacts for projects receiving State or federal funds. | 6 | | The district may issue bonds under Section 100 of this Act | 7 | | for the purpose of funding stormwater management projects. | 8 | | The district may not use Cook County Forest Preserve | 9 | | District land for stormwater or flood control projects without | 10 | | the consent of that District. | 11 | | The district may acquire, by purchase from a willing | 12 | | seller in a voluntary transaction, real property in | 13 | | furtherance of its regional and local stormwater management | 14 | | activities. Nothing in this Section shall affect the | 15 | | district's powers of condemnation or eminent domain as | 16 | | otherwise allowed under this Act. | 17 | | (i) Upon the creation and implementation of a county | 18 | | stormwater management plan, the district may petition the | 19 | | circuit court to dissolve any or all drainage districts | 20 | | created pursuant to the Illinois Drainage Code or predecessor | 21 | | Acts that are located entirely within the district. | 22 | | An active drainage district implementing a plan that is | 23 | | consistent with and at least as stringent as the district's | 24 | | stormwater management plan may petition the district for | 25 | | exception from dissolution. Upon filing of the petition, the | 26 | | district shall set a date for hearing not less than 2 weeks, |
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| 1 | | nor more than 4 weeks, from the filing thereof, and the | 2 | | district shall give at least one week's notice of the hearing | 3 | | in one or more newspapers of general circulation within the | 4 | | drainage district, and, in addition, shall cause a copy of the | 5 | | notice to be personally served upon each of the trustees of the | 6 | | drainage district. At the hearing, the district shall hear the | 7 | | drainage district's petition and allow the drainage district | 8 | | trustees and any interested parties an opportunity to present | 9 | | oral and written evidence. The district shall render its | 10 | | decision upon the petition for exception from dissolution | 11 | | based upon the best interests of the residents of the drainage | 12 | | district. If the exception is not allowed, the drainage | 13 | | district may file a petition with the circuit court within 30 | 14 | | days after the decision. In that case, the notice and hearing | 15 | | requirements for the court shall be the same as provided in | 16 | | this subsection for the petition to the district. The court | 17 | | shall render its decision of whether to dissolve the district | 18 | | based upon the best interests of the residents of the drainage | 19 | | district. | 20 | | The dissolution of a drainage district does not affect the | 21 | | obligation of any bonds issued or contracts entered into by | 22 | | the drainage district nor invalidate the levy, extension, or | 23 | | collection of any special assessments upon the property in the | 24 | | former drainage district. All property and obligations of the | 25 | | former drainage district shall be assumed and managed by the | 26 | | district, and the debts of the former drainage district shall |
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| 1 | | be discharged as soon as practicable. | 2 | | If a drainage district lies only partly within the | 3 | | district, the district may petition the circuit court to | 4 | | disconnect from the drainage district that portion of the | 5 | | drainage district that lies within the district. The property | 6 | | of the drainage district within the disconnected area shall be | 7 | | assumed and managed by the district. The district shall also | 8 | | assume a portion of the drainage district's debt at the time of | 9 | | disconnection based on the portion of the value of the taxable | 10 | | property of the drainage district that is located within the | 11 | | area being disconnected. | 12 | | A drainage district that is not dissolved under this | 13 | | subsection within Cook County shall conform its operations to | 14 | | the countywide stormwater management plan for Cook County. | 15 | | (j) The district may, after 10 days' written notice to the | 16 | | owner or occupant, enter upon any lands or waters within the | 17 | | county for the purpose of inspecting stormwater facilities or | 18 | | causing the removal of any obstruction to an affected | 19 | | watercourse. | 20 | | (k) The district shall post a report on its website | 21 | | annually on its activities and expenditures under this | 22 | | Section. | 23 | | (l) The powers granted to the district under this Section | 24 | | are in addition to the other powers granted under this Act. | 25 | | This Section does not limit the powers of the district under | 26 | | any other provision of this Act or any other law. |
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| 1 | | (m) This Section does not affect the power or duty of any | 2 | | unit of local government to take actions relating to flooding | 3 | | or stormwater so long as those actions conform with this | 4 | | Section and the plans, rules, and ordinances adopted by the | 5 | | district under this Section. | 6 | | Section 900. Severability. The provisions of this Act are | 7 | | severable under Section 1.31 of the Statute on Statutes. | 8 | | Section 905. The Eminent Domain Act is amended by adding | 9 | | Section 15-5-49 as follows: | 10 | | (735 ILCS 30/15-5-49 new) | 11 | | Sec. 15-5-49. Eminent domain powers in new Acts. The | 12 | | following provisions of law may include express grants of the | 13 | | power to acquire property by condemnation or eminent domain: | 14 | | West Cook Flood Prevention District Act; Board of Trustees of | 15 | | the district; for general district purposes. ". |
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