Full Text of HB3133 103rd General Assembly
HB3133eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Water Reclamation District Act | 5 | | is amended by changing Section 7a as follows:
| 6 | | (70 ILCS 2605/7a) (from Ch. 42, par. 326a)
| 7 | | Sec. 7a. Discharge into sewers of a sanitary district.
| 8 | | (a) The terms used
in this Section are defined as follows:
| 9 | | "Board of Commissioners" means the Board of Commissioners | 10 | | of the
sanitary district.
| 11 | | "Sewage" means water-carried human wastes or a combination | 12 | | of
water-carried wastes from residences, buildings, | 13 | | businesses, industrial
establishments, institutions, or other | 14 | | places together with any ground,
surface,
storm, or other | 15 | | water that may be present.
| 16 | | "Industrial Wastes" means all solids, liquids, or gaseous | 17 | | wastes
resulting from any commercial, industrial, | 18 | | manufacturing, agricultural, trade,
or
business operation or | 19 | | process, or from the development, recovery, or processing
of | 20 | | natural resources.
| 21 | | "Other Wastes" means decayed wood, sawdust, shavings, | 22 | | bark, lime,
refuse, ashes, garbage, offal, oil, tar, | 23 | | chemicals, and all other substances
except
sewage and |
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| 1 | | industrial wastes.
| 2 | | "Person" means any individual, firm, association, joint | 3 | | venture,
sole proprietorship, company, partnership, estate | 4 | | copartnership, corporation,
joint stock company, trust, school | 5 | | district,
unit of local government, or private corporation | 6 | | organized or existing under
the laws of this or any other state | 7 | | or country.
| 8 | | "Executive Director" means the executive director of the
| 9 | | sanitary district.
| 10 | | (b) It shall be unlawful for any person to discharge | 11 | | sewage, industrial
waste, or other wastes into the sewerage | 12 | | system of a sanitary district or into
any sewer connected | 13 | | therewith, except upon the terms and conditions that the
| 14 | | sanitary district might reasonably impose by way of ordinance, | 15 | | permit, or
otherwise.
| 16 | | Any sanitary district, in addition to all other powers | 17 | | vested in it and in
the interest of public health and safety, | 18 | | or as authorized by subsections (b)
and (c) of Section 46 of | 19 | | the Environmental Protection Act, is hereby empowered
to pass | 20 | | all ordinances, rules, or regulations necessary to implement | 21 | | this
Section, including but not limited to, the imposition of | 22 | | charges based on
factors that influence the cost of treatment, | 23 | | including strength and volume,
and including the right of | 24 | | access during reasonable hours to the premises of a
person for | 25 | | enforcement of adopted ordinances, rules, or regulations.
| 26 | | (c) Whenever the sanitary district acting through the |
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| 1 | | executive director
determines that sewage, industrial wastes, | 2 | | or other wastes are being discharged
into the sewerage system | 3 | | and when, in the opinion of the executive director
the | 4 | | discharge is in violation of an ordinance, rules, or | 5 | | regulations adopted by
the Board of Commissioners under this | 6 | | Section governing industrial wastes or
other wastes, the | 7 | | executive director shall order the offending party to cease | 8 | | and desist. The order
shall be served on the offending party by | 9 | | U.S. first-class mail, U.S. certified mail , or personally , or | 10 | | by email as provided in subsection (m)
on the owner, officer, | 11 | | registered agent, or individual designated by permit .
| 12 | | In the event the offending party fails or refuses to | 13 | | discontinue the
discharge within 90 days after service | 14 | | notification of the cease and desist order, the executive | 15 | | director
may order the offending party to show
cause before | 16 | | the Board of Commissioners of the sanitary district why the
| 17 | | discharge should not be discontinued. A notice shall be served | 18 | | on the
offending party directing him, her, or it the offending | 19 | | party to show cause before the Board of
Commissioners why an | 20 | | order should not be entered directing the discontinuance
of | 21 | | the discharge. The notice shall specify the time and place | 22 | | where a hearing
will be held
and shall be served on the | 23 | | offending party by U.S. first-class mail, U.S. certified mail, | 24 | | personally , or by email as provided in subsection (m), by | 25 | | registered or certified mail at least 10
days before the | 26 | | hearing; and in the case of a unit of local government or a
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| 1 | | corporation the service shall be upon an officer or agent | 2 | | thereof. After
reviewing the evidence, the Board of | 3 | | Commissioners may issue an order to the
party responsible for | 4 | | the discharge, directing that within a specified period
of
| 5 | | time the
discharge be discontinued. The Board of Commissioners | 6 | | may also order the party
responsible for the discharge to pay a | 7 | | civil penalty in an amount specified
by the Board of | 8 | | Commissioners that is not less than $1,000 nor more than | 9 | | $2,000
per day for each day of discharge of effluent in | 10 | | violation of this Act as
provided in subsection (d). The Board | 11 | | of Commissioners may also order the
party responsible for the | 12 | | violation to pay court reporter costs and hearing
officer fees | 13 | | in a total amount not exceeding $3,000.
| 14 | | (d) The Board of Commissioners shall establish procedures | 15 | | for assessing
civil penalties and issuing orders under | 16 | | subsection (c) as follows:
| 17 | | (1) In making its orders and determinations, the Board | 18 | | of Commissioners
shall take into consideration all the | 19 | | facts and circumstances bearing on the
activities involved | 20 | | and the assessment of civil penalties as shown by the
| 21 | | record produced at the hearing.
| 22 | | (2) The Board of Commissioners shall establish a panel | 23 | | of independent
hearing officers to conduct all hearings on | 24 | | the assessment of civil penalties
and issuance of orders | 25 | | under subsection (c). The hearing officers shall be
| 26 | | attorneys licensed to practice law in this State.
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| 1 | | (3) The Board of Commissioners shall promulgate | 2 | | procedural rules governing
the proceedings, the assessment | 3 | | of civil penalties, and the issuance of orders.
| 4 | | (4) All hearings shall be on the record, and testimony | 5 | | taken must be under
oath and recorded stenographically. | 6 | | Transcripts so recorded must be made
available to any | 7 | | member of the public or any party to the hearing upon | 8 | | payment
of the usual charges for transcripts. At the | 9 | | hearing, the hearing officer may
issue, in the name of the | 10 | | Board of Commissioners, notices of hearing requesting
the | 11 | | attendance and testimony of witnesses and the production | 12 | | of evidence
relevant to any matter involved in the hearing | 13 | | and may examine witnesses.
| 14 | | (5) The hearing officer shall conduct a full and | 15 | | impartial hearing on the
record, with an opportunity for | 16 | | the presentation
of evidence and cross-examination of the | 17 | | witnesses. The hearing officer shall
issue findings of | 18 | | fact, conclusions of law, a recommended civil penalty, and | 19 | | an
order based solely on the record. The hearing officer | 20 | | may also recommend, as
part of the order, that the | 21 | | discharge of industrial waste be discontinued
within a | 22 | | specified time.
| 23 | | (6) The findings of fact, conclusions of law, | 24 | | recommended civil penalty,
and
order shall be transmitted | 25 | | to the Board of Commissioners along with
a complete record | 26 | | of the hearing.
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| 1 | | (7) The Board of Commissioners shall either approve or | 2 | | disapprove the
findings
of fact, conclusions of law, | 3 | | recommended civil penalty, and order. If the
findings of | 4 | | fact, conclusions of law, recommended civil penalty, or | 5 | | order are
rejected,
the Board of Commissioners shall | 6 | | remand the matter to the hearing officer for
further | 7 | | proceedings. If the order is accepted by the Board of | 8 | | Commissioners, it
shall constitute the final order of the | 9 | | Board of Commissioners.
| 10 | | (8) (Blank).
| 11 | | (9) The civil penalty specified by the Board of | 12 | | Commissioners shall be
paid
within 35 days after the party | 13 | | on whom it is imposed receives a written copy
of the order | 14 | | of the Board of Commissioners, unless the person or | 15 | | persons to
whom the order is issued seeks judicial review.
| 16 | | (10) If the respondent seeks judicial review of the | 17 | | order assessing civil
penalties, the respondent shall, | 18 | | within 35 days after the date of the final
order, pay the | 19 | | amount of the civil penalties into an escrow account | 20 | | maintained
by the district for that purpose or file a bond | 21 | | guaranteeing payment of the
civil
penalties if the civil | 22 | | penalties are upheld on review.
| 23 | | (11) Civil penalties not paid by the times specified | 24 | | above shall be
delinquent
and subject to a lien recorded | 25 | | against the property of the person ordered to
pay the | 26 | | penalty.
The foregoing provisions for asserting liens |
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| 1 | | against real estate by the
sanitary
district shall be in | 2 | | addition to and not in derogation of any other remedy or
| 3 | | right of
recovery, in law or equity, that the sanitary | 4 | | district may have with respect
to the collection
or | 5 | | recovery of penalties and charges imposed by the sanitary | 6 | | district.
Judgment in a civil action brought by the | 7 | | sanitary district to recover or
collect the charges shall | 8 | | not operate as a release and waiver of the lien upon
the | 9 | | real estate for the amount of the judgment. Only | 10 | | satisfaction of the
judgment or the filing of a release or | 11 | | satisfaction of lien shall release the
lien.
| 12 | | (e) The executive director may order a person to cease the | 13 | | discharge of
industrial waste upon a finding by the executive | 14 | | director that the final
order of the Board of Commissioners | 15 | | entered after a hearing to show cause has
been violated. The | 16 | | executive director shall serve the person with a copy
of his or | 17 | | her order shall be served on the offending party either by U.S. | 18 | | first-class mail, U.S. certified mail , or personally , or by | 19 | | email as provided in subsection (m) serving
the owner, | 20 | | officer, registered agent, or individual designated by permit .
| 21 | | The order of the executive director shall also
schedule an | 22 | | expedited hearing before a hearing officer designated by
the | 23 | | Board of Commissioners
for the purpose of determining whether | 24 | | the company has violated the final order
of the Board of | 25 | | Commissioners. The Board of Commissioners shall adopt rules of
| 26 | | procedure governing expedited hearings. In no event shall the |
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| 1 | | hearing be
conducted less than 7 days after service receipt by | 2 | | the person of the executive director's order on the offending | 3 | | party .
| 4 | | At the conclusion of the expedited hearing, the hearing | 5 | | officer shall prepare
a report with his or her findings and | 6 | | recommendations and transmit it to the
Board of
Commissioners. | 7 | | If the Board of Commissioners, after reviewing the findings | 8 | | and
recommendations, and the record produced at the hearings, | 9 | | determines that the
person has violated the Board of | 10 | | Commissioner's final order, the Board of
Commissioners may | 11 | | authorize the plugging
of the sewer. The executive director | 12 | | shall give not less than 10 days
written notice of the Board of | 13 | | Commissioner's order to the owner,
officer, registered agent, | 14 | | or individual designated by permit, as well as the
owner of | 15 | | record of the real estate and other parties known to be | 16 | | affected, that
the
sewer will be plugged.
| 17 | | The foregoing provision for plugging a sewer shall be in | 18 | | addition to and not
in derogation of any other remedy, in law | 19 | | or in equity, that the district may
have
to prevent violation | 20 | | of its ordinances and orders of its Board of
Commissioners.
| 21 | | (f) A violation of the final order of the Board of | 22 | | Commissioners shall be
considered a nuisance. If any person | 23 | | discharges sewage, industrial wastes, or
other wastes into any | 24 | | waters contrary to the final order of the Board of
| 25 | | Commissioners, the sanitary district acting through the | 26 | | executive director
has the power to commence an action or |
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| 1 | | proceeding in the circuit court in and
for the county in which | 2 | | the sanitary district is located for the purpose of
having the | 3 | | discharge stopped either by mandamus or injunction, or to | 4 | | remedy the
violation in any manner provided for in this | 5 | | Section.
| 6 | | The court shall specify a time, not exceeding 20 days | 7 | | after the service of
the copy of the complaint, in which the | 8 | | party complained of must plead to the
complaint, and in the | 9 | | meantime, the party may be restrained. In case of
default or | 10 | | after pleading, the court shall immediately inquire into the | 11 | | facts
and circumstances of the case and enter an appropriate | 12 | | judgment in respect to
the matters complained of. Appeals may | 13 | | be taken as in other civil cases.
| 14 | | (g) The sanitary district, acting through the executive | 15 | | director, has
the
power to commence an action or proceeding | 16 | | for mandamus or injunction in the
circuit court ordering a | 17 | | person to cease its discharge, when, in the opinion of
the | 18 | | executive director, the person's discharge presents an | 19 | | imminent danger
to the public health, welfare, or safety, | 20 | | presents or may present an
endangerment to the environment, or | 21 | | threatens to interfere with the
operation of the sewerage | 22 | | system or a water reclamation plant under the
jurisdiction of | 23 | | the sanitary district. The initiation of a show cause hearing
| 24 | | is not a prerequisite to the commencement by the sanitary | 25 | | district of an action
or proceeding for mandamus or injunction | 26 | | in the circuit court. The court shall
specify a time, not |
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| 1 | | exceeding 20 days after the service of a copy of the
petition, | 2 | | in which the party complained of must answer the petition, and | 3 | | in the
meantime, the party may be restrained. In case of | 4 | | default in answer or after
answer, the court shall immediately | 5 | | inquire into the facts and circumstances of
the case and enter | 6 | | an appropriate judgment order in respect to the matters
| 7 | | complained of. An appeal may be taken from the final judgment | 8 | | in the same
manner and with the same effect as appeals are | 9 | | taken from judgment of the
circuit court in other actions for | 10 | | mandamus or injunction.
| 11 | | (h) Whenever the sanitary district commences an action | 12 | | under subsection (f)
of this Section, the court shall assess a | 13 | | civil penalty of not less than
$1,000 nor more than $10,000 for | 14 | | each day the person violates a Board order.
Whenever the | 15 | | sanitary district commences an action under subsection (g) of | 16 | | this
Section, the court shall assess a civil penalty of not | 17 | | less than $1,000 nor
more than $10,000 for
each day the person | 18 | | violates the ordinance. Each
day's continuance
of the | 19 | | violation is a separate offense. The penalties provided in | 20 | | this Section
plus interest at the rate set forth in the | 21 | | Interest Act on unpaid penalties,
costs, and fees, imposed by | 22 | | the Board of Commissioners under subsection (d),
the | 23 | | reasonable costs to the sanitary district of removal or other | 24 | | remedial
action caused by discharges in violation of this Act, | 25 | | reasonable attorney's
fees, court costs, and other expenses of | 26 | | litigation together with costs for
inspection, sampling, |
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| 1 | | analysis, and administration related to the enforcement
action | 2 | | against the offending party are recoverable by the sanitary | 3 | | district in
a civil action.
| 4 | | (i) The Board of Commissioners may establish fees for late | 5 | | filing of reports
with the sanitary district required by an | 6 | | ordinance governing discharges. The
sanitary district
shall | 7 | | provide by certified mail a written notice of the fee | 8 | | assessment , by U.S. first-class mail, U.S. certified mail, | 9 | | personally, or by email as provided in subsection (m), that
| 10 | | states the person has 30 days after being served with the | 11 | | receipt of the notice to request a
conference with the | 12 | | executive director's designee to discuss or dispute
the | 13 | | appropriateness of the assessed fee. Unless a person objects | 14 | | to paying the
fee for filing a report late by timely requesting | 15 | | in writing a conference with
a designee of the executive | 16 | | director, that person waives his or her right
to a conference | 17 | | and the sanitary district may impose a lien recorded against
| 18 | | the property of
the
person for the amount of the unpaid fee.
| 19 | | If a person requests a conference and the matter is not | 20 | | resolved at the
conference, the person subject to the fee may | 21 | | request an administrative hearing
before an impartial hearing | 22 | | officer appointed under subsection (d) to
determine the | 23 | | person's liability for and the amount of the fee.
| 24 | | If the hearing officer finds that the late filing fees are | 25 | | owed to the
sanitary district, the sanitary district shall | 26 | | notify the responsible person or
persons of the hearing |
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| 1 | | officer's decision. If payment is not made within 30
days | 2 | | after the notice, the sanitary district may impose a lien on | 3 | | the property
of the person or persons.
| 4 | | Any liens filed under this subsection shall apply only to | 5 | | the property to
which the late filing fees are related. A claim | 6 | | for lien shall be filed in the
office of the recorder of the | 7 | | county in which the property is located. The
filing of a claim | 8 | | for lien by the district does not prevent the sanitary
| 9 | | district from pursuing other means for collecting late filing | 10 | | fees. If a claim
for lien is filed, the sanitary district shall | 11 | | notify the person whose property
is subject to the lien, and | 12 | | the person may challenge the lien by filing an
action in the | 13 | | circuit court. The action shall be filed within
90 days after | 14 | | the person receives the notice of the filing of the claim for
| 15 | | lien. The court shall hear evidence concerning the underlying | 16 | | reasons for the
lien only if an administrative hearing has not | 17 | | been held under this subsection.
| 18 | | (j) If the provisions of any paragraph of this Section are | 19 | | declared
unconstitutional or invalid by the final decision of | 20 | | any court of competent
jurisdiction, the provisions of the | 21 | | remaining paragraphs continue in effect.
| 22 | | (k) Nothing in this Section eliminates any of the powers | 23 | | now granted to
municipalities having a population of 500,000 | 24 | | or more as to design, preparation
of plans, and construction, | 25 | | maintenance, and operation of sewers and sewerage
systems, or | 26 | | for the control and elimination or prevention of the pollution |
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| 1 | | of
their waters or waterways, in the Illinois Municipal Code | 2 | | or any other Act of
the State of Illinois.
| 3 | | (l) The provisions of the Administrative Review Law and | 4 | | all amendments and
rules adopted pursuant to that Law apply to | 5 | | and govern all proceedings for
the judicial review of final | 6 | | administrative decisions of the Board of
Commissioners in the | 7 | | enforcement of any ordinance, rule, or regulation adopted
| 8 | | under this Act. | 9 | | (m) The sanitary district may implement an electronic | 10 | | reporting system that will allow notices, orders, and other | 11 | | documents to be sent directly by email to persons or entities | 12 | | registered with the sanitary district, and, in the discretion | 13 | | of the sanitary district, to allow those persons or entities | 14 | | registered with the sanitary district to view, modify, or | 15 | | submit documents using the electronic reporting system. | 16 | | Wherever this Section provides for service of documents by the | 17 | | sanitary district by U.S. first-class mail, U.S. certified | 18 | | mail, or personal service, the sanitary district may serve by | 19 | | email the documents upon the registered persons or entities in | 20 | | lieu of service by U.S. first-class mail, U.S. certified mail, | 21 | | or personal service. The sanitary district shall adopt rules, | 22 | | as approved by ordinance, to ensure service of process by | 23 | | email is properly effectuated upon the registered persons and | 24 | | entities.
| 25 | | (Source: P.A. 96-328, eff. 8-11-09; 97-298, eff. 8-11-11.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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